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Delaware
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May 01, 2024
Oil Drilling Workers Urge High Court Not To Review PPE Suit
The Third Circuit's view that time putting on and taking off personal protective equipment becomes compensable if the gear is integral and indispensable to employees' work actually aligns with a Second Circuit's standard, oil rig workers told the U.S. Supreme Court on Wednesday.
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May 01, 2024
Del. Justices Reverse Toss Of $7.3B Inovalon Deal Challenge
Delaware's top court on Wednesday reversed a Chancery Court dismissal of stockholder challenges to the $7.3 billion go-private sale of Inovalon Holdings Inc. to Nordic Capital, saying that the lower court wrongly concluded that minority investors were adequately informed about the deal and special committee conflicts of interest.
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May 01, 2024
Paramount Faces Chancery Suit Over Skydance Merger Moves
The general treasurer of Rhode Island has sued Paramount Global in Delaware's Chancery Court for access to records regarding efforts to merge the mass media giant with Skydance Media, accusing Paramount's billionaire controller, Shari Redstone, of usurping company opportunities and tilting the terms and processes toward her own benefit.
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May 01, 2024
53 Govs. Want Say In Moving Nat'l Guard Staff To Space Force
The governors of 48 states and several U.S. territories warned the U.S. Department of Defense that allowing hundreds of Air National Guard personnel to be transferred to the U.S. Space Force without the governors' approval undermines their authority over their states' military readiness.
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April 30, 2024
Pharmacyclics Can't Score Fees After Imbruvica Patent Win
Delaware's top federal judge on Tuesday told AbbVie's Pharmacyclics LLC unit that it was "also guilty of vexatious conduct" and had no standing to seek legal fees after it won a patent infringement suit against generic-drug rivals over its branded blockbuster cancer drug Imbruvica.
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April 30, 2024
Chancery Tosses Meta Activist Investor Suit Over Social Ills
A Delaware vice chancellor tossed a Meta activist investor's suit seeking to prioritize wider social impact over company profits, saying Delaware's single-firm corporate model assumes directors owe fiduciary duties to their company's stockholders, and there's no case law articulating that because it's "so basic," just as "fish don't talk about water."
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April 30, 2024
Where VLSI-Intel's High-Stakes Patent Battle Stands Now
Intel has managed to turn the tide on litigation where it had faced the daunting possibility of owing VLSI Technology more than $3 billion for infringing microchip patents, with the tech company winning patent invalidations and a large verdict do-over. Here's a look at where the multifaceted litigation between the companies stands.
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April 30, 2024
3rd Circ. Preview: Kavanaugh Classmate Takes On HuffPost
The Third Circuit's May lineup will find the court weighing HuffPost's battle with an allegedly libeled former classmate of U.S. Supreme Court Justice Brett Kavanaugh and claims by consumers alleging they bought defective Bayer antifungal medicine.
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April 30, 2024
Genius Sports Investors Urge Chancery To Save Merger Suit
The special-purpose acquisition company that took Genius Sports Ltd. public in 2021 didn't fully disclose how a newly inked agreement with the National Football League would affect the sports data company, investors told Delaware's Court of Chancery on Tuesday, urging a judge to preserve their case against the SPAC and its directors.
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April 30, 2024
UK Fund Cites Jacobs' Qatar Oversight Failings In Del. Suit
A UK pension fund investor in the U.S.-based business that oversaw construction of 2022 World Cup soccer facilities in Qatar has sued the company's directors in Delaware's Court of Chancery, seeking recovery of damages arising from director failures to monitor human rights violations reported by workers.
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April 30, 2024
Chancery Partially Vacates Trump Media Suit Fast-Track Order
A Delaware vice chancellor pulled the plug Tuesday on a bid to fast-track part of a suit brought by two co-founders of Trump Media & Technology Group against former President Donald Trump's Truth Social media company before it went public.
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April 30, 2024
3rd Circ. Denies Rehearing In Pa. Mail-In Ballot Case
The Third Circuit has rejected a do-over of its decision not to count Pennsylvania mail-in ballots with missing or incorrect dates on their outer envelopes, denying a request from voting rights groups for a rehearing Tuesday.
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April 30, 2024
Ex-Rugby Team Owner Sues Over $6M Franchise Sale
The former owner of an Atlanta, Georgia-based rugby team who sold it to a New Hampshire club for $6 million sued the buyer and another rugby team operator in Delaware federal court Monday, alleging that she is still owed $3.75 million from the sale.
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April 29, 2024
Hunter Biden Threatens To Sue Fox News For 'Revenge Porn'
An attorney representing Hunter Biden threatened Fox News with a lawsuit over allegations it violated New York's "revenge porn" law by publishing nude pictures of him taken off his notorious laptop, according a letter obtained Monday by Law360.
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April 29, 2024
Cyber Co. ZeroFox Investor Sues In Del. For Sale Docs
A ZeroFox Holdings Inc. stockholder sued in Delaware's Court of Chancery Monday for books and records on the cybersecurity intelligence company's $1.14 per share, $350 million sale to private equity firm Haveli Investments, citing questions about a pre-closing reduction in the company's value estimate.
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April 29, 2024
Catching Up With Delaware's Chancery Court
A multibillion-dollar Tesla trust proposal, a Truth Social bond, power plays over Prince's estate, and three in the ring for World Wrestling Entertainment. All of this and much more came up in Delaware Chancery Court dockets last week.
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April 29, 2024
Protein Co. Nutriati Insiders Rushed $10M Sale, Del. Suit Says
Stockholders of Nutriati Inc. have sued the plant-based protein producer's directors and officers and others in Delaware's Chancery Court, alleging that insider breaches of fiduciary duty resulted in a hasty, low-ball sale of the business in 2022 to one of its major investors.
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April 29, 2024
Alcon Owes $34M In Glaucoma Patent Row, Jury Finds
A Delaware federal jury has found that Alcon and various related entities are on the hook for a $34 million judgment in a patent suit about medical devices to treat glaucoma launched by Sight Sciences.
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April 29, 2024
PTAB Rejects Masimo's Concurrent Bid To Review Apple Patent
A board of administrative patent judges has declined one of the petitions challenging claims in an Apple patent involved in some of its disputes with medical technology startups Masimo and AliveCor, citing the board's skeptical view of "multiple, staggered petitions."
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April 29, 2024
Venezuela Says It Has Proof Of Special Master Improprieties
Venezuela has asked a Delaware federal judge to disqualify the special master overseeing the sale of Citgo Petroleum Corp.'s parent company to repay billions of dollars in Venezuelan debt, saying it now has proof he engaged in improper advocacy before the Biden administration.
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April 26, 2024
Law360 Reveals Titans Of The Plaintiffs Bar
In the past year, plaintiffs have won settlements and judgments for millions and billions of dollars from companies such as Wells Fargo, Goldman Sachs, Facebook and Fox News, with many high-profile cases finally wrapping up after years of fighting. Such cases — involving over-the-top compensation packages, chemical contamination, gender discrimination and data mining — were led by attorneys whose accomplishments earned them recognition as Law360's Titans of the Plaintiffs Bar for 2024.
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April 26, 2024
Insurer's $580M Fight With NC Mogul Lands In Del.
An insurer has urged a Delaware state court to unravel a business conversion by embattled insurance mogul Greg Lindberg, arguing that in converting the company he is illegally attempting to escape paying a $580 million award.
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April 26, 2024
Thomas' Long Quest To Undo A 'Grave Constitutional Error'
A quarter-century after Justice Clarence Thomas cast a pivotal vote against jury trial rights and rapidly regretted it, his relentless campaign to undo the controversial precedent is suddenly center stage with a serious shot at succeeding, as judges and lawyers increasingly deem the decision dubious and the U.S. Supreme Court chips away at its edges.
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April 26, 2024
Health Co. Not Liable For Cigna Underpayment, 3rd Circ. Says
The Third Circuit on Friday backed a win for a healthcare cost management company in a suit over Cigna's alleged underpayment for plastic surgery, finding the contract between the company and a plastic surgery practice did not guarantee a set payment rate.
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April 26, 2024
Prince Heirs Push Del. Court To Reject 'Unfettered' Control
Four family members of the late musician Prince who claim to have taken over for two music industry veterans they once entrusted to run his estate urged a Delaware Chancery Court judge on Friday to throw out the managers' lawsuit against them, calling it "unconscionable and unreasonable."
Expert Analysis
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Opinion
Activist Short-Sellers Are The Dark Knights Of Wall Street
While so-called activist short-sellers have been subject to increased scrutiny in recent years, these investors work in the shadows like Batman to expose fraud on Wall Street, often generating leads that may move regulators to take action, say attorneys at Labaton Sucharow.
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Managing ANDA Venue Issues As Del. And NJ Filings Rise
Delaware and New Jersey have prevailed as the primary forum for pharmaceutical litigation as more generic companies file abbreviated new drug applications, but this venue scheme presents traps for the unwary, and legislation may still be necessary to ensure fairness and predictability, say Timothy Cook and Kevin Yurkerwich at WilmerHale.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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Chancery's 'Unfair Deal, Fair Price' Ruling Part Of A Trend
The Delaware Court of Chancery's recent decision in In re: Straight Path Communications is the latest in a line of recent post-trial rulings by the court that seem to prioritize a fair price in determining damage awards — even when a transaction has been clouded by an unfair process, say attorneys at V&E.
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Asserting 'Presence-Of-Counsel' Defense In Securities Trials
As illustrated by the fraud trial of FTX founder Sam Bankman-Fried, defense attorneys in securities trials might consider arguing that counsel had some involvement in the conduct at issue — if the more formal advice-of-counsel defense is unavailable and circumstances allow for a privilege waiver, say Joseph Dever and Matthew Elkin at Cozen O'Connor.
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An Overview Of Circuit Courts' Interlocutory Motion Standards
The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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10 Essential Bankruptcy Litigation Tips For In-House Counsel
Bankruptcy litigation is a complex and multifaceted area of law that poses unique challenges for in-house counsel, and there are several tools at legal professionals' disposal, like appraisals and understanding jurisdictions, to stay well-informed and protect their companies' interests, says Alison Ashmore at Dykema.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.