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Delaware
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December 04, 2025
Judge OKs Plan Disclosures For AmeriFirst In Ch. 11
A Delaware bankruptcy judge agreed Thursday to grant conditional approval for bankruptcy mortgage servicer AmeriFirst's disclosure statement outlining its Chapter 11 plan, finding the objections raised by the U.S. Trustee's Office are best reserved for the plan confirmation hearing.
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December 04, 2025
Pharma Cos. Denied Early Win In States' Price-Fixing Suit
Twenty-six pharmaceutical companies failed to secure a quick win on overarching conspiracy claims in an antitrust case by the attorneys general of Connecticut and most other states, with a federal judge finding the "substantial bulk of evidence" points toward a broad industry scheme to fix 98 dermatology drug prices.
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December 04, 2025
Del. Justices Nix Challenge To $1.1B Smart & Final Sale
A three-justice Delaware Supreme Court panel has rejected with little comment a bid to revive a stockholder suit alleging disclosure failures and conflicted moves ahead of the $1.1 billion April 2019 sale of Smart & Final Stores Inc. to interests of Apollo Global Management.
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December 04, 2025
Appeal Of US Atty Invalidations May Be 'Devastating' To DOJ
As the list of interim and acting U.S. attorneys found to be unlawfully appointed under President Donald Trump grows, so too does the pressure on his administration to make the next move, which could force a risky strategic decision on whether to push the issue up to the U.S. Supreme Court, experts said.
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December 03, 2025
USPTO Gets Earful On Plan To Restrict Patent Reviews
The U.S. Patent and Trademark Office's proposed new rules to limit America Invents Act patent reviews have generated scores of forceful comments, with supporters saying the proposal will curb redundant challenges and opponents arguing it would bar legitimate reviews and exceed the office's power.
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December 03, 2025
NuVasive Urges Del. Justices To Revive Officer Conflict Suit
A Delaware vice chancellor applied the wrong standards in tossing a suit alleging a former officer of spine surgery tech venture NuVasive Inc. ran an insider scheme to lure surgeons to a competitor while planning his own jump, an attorney for NuVasive told a Delaware Supreme Court panel on Wednesday.
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December 03, 2025
ITG Urges Del. Justices To Snuff $250M Reynolds Award
An attorney for ITG Brands LLC told Delaware's Supreme Court on Wednesday that a Chancery Court ruling in April effectively rewrote contract terms, which resulted in the tobacco company's liability for more than $251 million in payments to Florida that ITG never agreed to assume under a settlement covering acquired cigarette brand liabilities.
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December 03, 2025
3rd Circ. Won't Block NLRB In Constitutionality Cases
Employers challenging the National Labor Relations Board's constitutionality can't get its cases blocked because they arise out of "labor disputes" courts are generally forbidden to meddle in, the Third Circuit said Wednesday, opening a split with the Fifth Circuit.
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December 03, 2025
Fed. Circ. Backs Axed Claims In Heart Rate Monitor Patent
The Federal Circuit on Wednesday upheld a Utah federal court's decision that claims in a wireless heart rate monitor patent owned by Finnish sports tech company Polar Electro Oy were invalid under the U.S. Supreme Court's Alice test.
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December 03, 2025
3rd Circ. Suggests COVID Loan Law Vexed By 'Vagueness'
The Third Circuit on Wednesday flagged ambiguities in the federal law governing pandemic relief for businesses in the case of an IT services company seeking forgiveness of a $7.2 million loan for payroll costs, with one judge suggesting the "vagueness and confusion" resulted from hasty policymaking during the COVID-19 emergency.
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December 03, 2025
Nike 'Cool Compression' Case Not Exceptional, 3rd Circ. Told
Nike argued before the Third Circuit on Wednesday that its "cool compression" trademark litigation with clothing maker Lontex Corp. was not so "exceptional" that it should pay Lontex's attorney fees, which exceed $5 million, given that the trial court and Third Circuit had previously held that the Lanham Act case was a close one.
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December 03, 2025
NJ Seeks $195M Fee Award In $2.5B DuPont PFAS Case
New Jersey asked a Garden State federal judge this week to approve $195 million in attorney fees to its special counsel team of four firms whose six years of litigation work resulted in two landmark settlements that serve to clean up some of the state's most contaminated sites.
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December 03, 2025
Ex-Bernstein Litowitz Atty Starts Firm After Contentious Exit
A former Bernstein Litowitz Berger & Grossmann LLP partner known for handling high-profile stockholder cases has led the launch of a boutique focused on corporate disputes and securities litigation after the firm says he was fired for misconduct.
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December 02, 2025
Squires Institutes First PTAB Challenges Since Taking Over
U.S. Patent and Trademark Office Director John Squires has instituted four inter partes reviews and two post-grant reviews, the first Patent Trial and Appeal Board challenges to get his sign-off since he took over the institution review process.
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December 02, 2025
Judge Blocks Planned Parenthood Funding Cut In 22 States
A Massachusetts federal judge Tuesday stopped the Trump administration from halting Medicaid reimbursements to Planned Parenthood clinics in 22 states, ruling the funding cutoff likely violated requirements to warn the states ahead of time about the change.
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December 02, 2025
Elliott Says Millions Lost To Oil And Gas Venture Overcharges
Elliott Investment Management LP has accused SRP Capital Advisors LLC and a principal of misappropriating "tens of millions" from Elliott and other investors in an alleged scheme that began to emerge after a books and records suit in Delaware's Court of Chancery earlier this year.
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December 02, 2025
Post-Gazette Publisher Tries Again To Pause Benefits Order
If the Pittsburgh Post-Gazette must restore its union-represented editorial staff's pre-2020 healthcare benefits, it will shut down, the newspaper's publisher claimed in a brief filed with the Third Circuit, requesting another shot at pausing an injunction that compelled the paper to restore the benefits.
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December 02, 2025
Three Arrows Boosts $1.5B FTX Claim Tied To Crypto Winter
The liquidators of defunct crypto hedge fund Three Arrows Capital defended their $1.53 billion claim against FTX months after the failed exchange called it "baseless," telling a Delaware bankruptcy judge that its assets at FTX were sold just weeks before its collapse in what amounts to "classic preference."
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December 02, 2025
Judge Doubts That FEMA Funds Freeze Is Harmless
A Massachusetts federal judge on Tuesday appeared to push back on assertions by the Trump administration that states are not entitled to a court order vacating what the government says is a temporary freeze of Federal Emergency Management Agency funds intended to pay for disaster-mitigating projects.
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December 02, 2025
FAT Brands Sued In Del. For Docs On Spinoff, Other Moves
A stockholder of the FAT Brands Inc. global restaurant family sued for corporate books and records in Delaware's Court of Chancery Monday, pointing to allegedly suspicious transactions and purported debt pressures, and citing what was described as a history of purported "economic malfeasance" by FAT's management.
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December 02, 2025
3rd Circ. Weighs 'Information' Meaning In Credit Report Rift
A panel of the Third Circuit on Tuesday considered whether Experian acted reasonably when it reported that a New Jersey consumer was behind on child support payments despite the consumer's efforts to dispute that report's accuracy, questioning whether the purported delinquency had to be reported in the first place.
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December 01, 2025
Merck Wants Fed. Circ. Redo On Decision Backing Axed IP
German drugmaker Merck has asked the Federal Circuit to rethink its decision upholding the invalidation of claims in two patents on the blockbuster multiple sclerosis drug Mavenclad, saying the ruling creates a rule where inventors' work can later be used against them.
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December 01, 2025
Chancery OKs $9.4M Deal To End Sears Take-Private Suit
Terming it a settlement that is "easy to approve," a Delaware vice chancellor on Monday OK'd a $9.37 million deal to end a suit contesting investor payouts after a take-private deal for Sears Hometown and Outlet stores in 2019.
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December 01, 2025
Chancery Tosses Suit Challenging Auto Repair Biz Sale Nix
Investors in affiliates of auto repair venture Repairify Inc. failed to show an enforceable fiduciary duty breach when they launched a derivative suit accusing the company's controller and others of snubbing a push to sell the business, a Delaware vice chancellor declared on Monday.
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December 01, 2025
AGs Push For Law To Boost Tribal Access To US Marshals
Thirty-nine state attorneys general are calling on federal lawmakers to pass legislation that would allow the U.S. Marshal's Service to assist tribal law enforcement in tracking down individuals with felony warrants, saying it's vital to public safety and to address the Missing and Murdered Indigenous People crisis.
Expert Analysis
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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Opinion
Third-Party Funding Transparency Is Key In Patent Suits
Third-party litigation funding is a growing industry that could benefit from enhanced disclosure standards to ensure transparency, as challenges in obtaining discovery of such funding can complicate patent litigation against nonpracticing entities, say attorneys at Skadden.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Del. Dispatch: Open Issues After Corp. Law Amendments
Recent amendments to the Delaware General Corporation Law represent a significant change in the future structuring of boards and how the First State will approach conflicted transactions, but Delaware courts may interpret the amendments narrowly, limiting their impact, say attorneys at Fried Frank.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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What Del. Supreme Court LKQ Decision Means For M&A Deals
The Delaware Supreme Court's recent decision in LKQ v. Rutledge greatly increases the enforceability of forfeiture-for-competition provisions, representing an important affirmation of earlier precedent and making it likely that such agreements will become more common in M&A transactions, say attorneys at Mayer Brown.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Notable Q1 Updates In Insurance Class Actions
The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.