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Delaware
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February 26, 2026
Allbirds Investors' 'Kitchen-Sink' Strategy Dooms IPO Suit
A California federal judge Thursday dismissed a putative securities fraud class action against Allbirds Inc. for a third time, giving shareholders who sued no more chances to amend their lawsuit, given what she called their "kitchen-sink" approach to pleading 60 allegedly false statements made ahead of the footwear company's 2021 stock launch.
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February 26, 2026
Hedge Fund Sues In Del. For Share Appraisal Damages
A hedge fund managed by Glazer Capital LLC sued for a Delaware Court of Chancery declaratory judgment Thursday seeking an order for immediate payment for shares of media measurement venture Integral Ad Science Corp. in the wake of IAS' acquisition by private equity Novacap in December.
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February 26, 2026
Chancery Asked To OK $7.6M Deal To End $1.5B De-SPAC Row
Stockholders of special purpose acquisition company HighCape Capital LP have sought Delaware Court of Chancery approval for a $7.6 million settlement of a class suit accusing company principals of pursuing an overpriced take-public merger of biopharmaceutical tech company Quantum-Si, in litigation complicated by an unusual discovery stumble.
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February 26, 2026
Chancery Refuses For Now To Make Hecate Pay Lenders $75M
The Delaware Chancery Court has denied renewable energy lenders' bid to immediately seize $75 million in disputed settlement proceeds, ruling that although the lenders are likely to succeed on parts of their contract claims, they failed to justify the extraordinary step of a mandatory injunction.
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February 26, 2026
Fed. Circ. Affirms Chip Patent Claims Are Invalid
The Federal Circuit on Thursday affirmed a Delaware federal judge's decision that a set of patents covering computer chip design were invalid under the so-called Alice test, clearing semiconductor makers Siemens and GlobalFoundries of infringement allegations.
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February 26, 2026
Delaware Judge Won't Reconsider Burford Arbitration Ruling
A Delaware federal judge has denied German entity Financialright Claims GmbH's bid to reconsider his decision ordering arbitration of a dispute with a Burford Capital affiliate over an allegedly fraudulent arbitration pact, rejecting claims that the ruling was "premised on a clear error of law."
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February 26, 2026
Chancery OKs Atty Exit Over 'Irreparably Broken' Relationship
The Delaware Chancery Court on Thursday granted a motion allowing counsel for an educational software company co-founder's ex-wife and her affiliated family limited partnership to withdraw from a stockholder dispute involving the educational software company, while giving the partnership two weeks to secure new representation or face default.
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February 25, 2026
Fed. Circ. Gene Therapy Ruling Gives Rare Eligibility Clarity
When the Federal Circuit revived the University of Pennsylvania's gene therapy patent last week, it provided a bright-line rule that's often missing in the debate over patent eligibility, attorneys say.
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February 25, 2026
$17.9M Drug Price-Fixing Deal Advances Despite Objections
A Connecticut federal judge on Wednesday advanced a $17.9 million generic drug price-fixing settlement between 48 states and territories and pharmaceutical companies Bausch Health US LLC, Bausch Health Americas Inc. and Lannett Co. Inc., sidelining objections by consumers suing separately in a Pennsylvania multidistrict litigation case.
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February 25, 2026
Birth Control Shot Plaintiffs Lose Mid-Case Appeal Bid In Del.
The Delaware Supreme Court has refused to hear an interlocutory appeal in product liability litigation over the contraceptive injection Depo-Provera, leaving in place a set of case-management orders designed to streamline what is expected to become hundreds of lawsuits in the state.
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February 25, 2026
Mike Tyson's Cannabis Co. Faces Ex-Execs' Doc Demand
Former executives of boxer Mike Tyson's cannabis venture Tyson 2.0 Inc. filed a complaint in Delaware Chancery Court to inspect the company's books and records in order to determine the true value of their shares, saying they have concerns based on the company's recent performance.
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February 25, 2026
Pension Fund Presses For CEO Texts In $60B Merger Fight
A union pension fund stockholder urged the Delaware Supreme Court on Wednesday to revive its bid for access to a former Pioneer Natural Resources Co. CEO's undisclosed text messages and emails, arguing that the Delaware Chancery Court set an "impossible" standard in denying inspection of communications tied to the company's $60 billion sale to Exxon Mobil Corp.
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February 25, 2026
Foley & Lardner Wants 'Scattershot' Malpractice Suit Tossed
Foley & Lardner LLP is urging the Delaware Superior Court to toss a malpractice suit accusing the firm of negligence in representing an officer of a now-defunct food recycling company in a Chancery Court case that led to a $1.6 million judgment, saying it "suffers from basic pleading defects."
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February 25, 2026
9th Circ. Rules K-12 Mental Health Grants Must Continue
The U.S. Department of Education must fund K-12 mental health grants given to public schools to help students cope with school shootings, the Ninth Circuit ruled, denying the agency's emergency request to pause a lower court's permanent injunction pending an appeal.
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February 25, 2026
Former Philly Hospital Operator's Ch. 11 Wind-Down Gets OK
A Delaware bankruptcy judge on Wednesday signed off on the Chapter 11 liquidation plan of Center City Healthcare, the former operator of two Philadelphia hospitals, allowing the debtor to wind down its affairs and make distributions to creditors.
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February 25, 2026
Moderna's Damages Expert Limited In March Patent Trial
Moderna's damages expert was blocked from offering testimony about what a reasonable royalty would be in a suit alleging its COVID-19 vaccine infringed a rival's patents, after a federal judge found that part of the testimony wasn't reliable.
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February 24, 2026
Ariz., Calif. Lead Suit Over 'Senseless' HHS Vaccine Overhaul
Arizona and California are leading a coalition of states challenging the U.S. Department of Health and Human Services' decision to cut vaccine recommendations for American children, alleging in a lawsuit Tuesday that the "unprecedented attack" stems from HHS Secretary Robert F. Kennedy Jr.'s "unscientific hostility to vaccines."
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February 24, 2026
Lindis Decries Erasing $50M Verdict Over Inequitable Conduct
A Delaware federal judge wrongly overruled Lindis Biotech's $50 million infringement verdict against Amgen by falsely concluding an inventor intended to deceive the patent office during prosecution, the German company has told the Federal Circuit.
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February 24, 2026
Jack In The Box Sued Over 'Poison Pill' Blocking Investor
Activist investor Biglari Capital sued Jack In The Box Inc. and its board in Delaware Chancery Court, challenging their efforts to adopt a so-called poison pill that would block Biglari Capital from acquiring more than 12.5% of common stock in a hostile takeover.
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February 24, 2026
Mallinckrodt's Ch. 11 Blocks Antitrust Payouts, Judge Rules
A Connecticut federal judge has ruled that drugmaker Mallinckrodt PLC shrugged off monetary claims brought by states in a sprawling generic drug antitrust enforcement action when the company emerged from bankruptcy in 2022.
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February 24, 2026
Terraform Says Jane Street 'Insider Trading' Led To Ch. 11
The administrator for bankrupt cryptocurrency company Terraform Labs has sued trading firm Jane Street in New York federal court over what Terraform says was an insider trading scheme to "front-run trading that hastened the collapse of Terraform."
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February 24, 2026
Biotech Co. Moves To Dismiss LSD Trade Secret Suit
A biotechnology company accused of having lifted trade secrets regarding clinical trials of potential LSD treatments for psychiatric disorders asked a Delaware federal judge Monday to dismiss or narrow the suit, which it says was brought by a "disgruntled former vendor."
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February 24, 2026
Theme Park Urges Lift Of Ch. 11 Stay To Appeal $116M Verdict
The owner of Colorado's Glenwood Caverns Adventure Park has asked a Delaware bankruptcy judge to partially lift bankruptcy's automatic stay so it can appeal a $116 million wrongful death judgment that sent it into Chapter 11.
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February 23, 2026
CBP Clears Redesigned Tourniquet Imports After IP Ban
U.S. Customs and Border Protection has found that a modified version of a tourniquet made by a Chinese company isn't subject to an import ban issued by the U.S. International Trade Commission after finding that earlier imports infringed a patent.
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February 23, 2026
EEOC Decries New Hurdle For 3rd-Party Harassment Suits
A recent appellate ruling making it tougher for workers to sue employers over alleged harassment by third parties threatens to undermine the goals of federal anti-bias law, the U.S. Equal Employment Opportunity Commission told the Third Circuit, backing a suit against the University of Pennsylvania.
Expert Analysis
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Series
Law School's Missed Lessons: Client Service
Law school teaches you how to interpret the law, but it doesn't teach you some of the key ways to keeping clients satisfied, lessons that I've learned in the most unexpected of places: a book on how to be a butler, says Gregory Ramos at Armstrong Teasdale.
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Loper Bright's Evolving Application In Labor Case Appeals
Following the U.S. Supreme Court's decision in Loper Bright v. Raimondo, which upended decades of precedent requiring courts to defer to agency interpretations of federal regulations, the Third and Sixth Circuits' differing approaches leave little certainty as to which employment regulations remain in play, say attorneys at Foley & Lardner.
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Why Justices Seem Inclined To Curtail Del. Affidavit Statute
After recent oral argument before the U.S. Supreme Court in Berk v. Choy — asking whether Delaware's affidavit-of-merit statute applies in federal diversity actions, or whether the Federal Rules of Civil Procedure displace the state requirement — it appears the court is poised to simplify the standard approach, says Eric Weitz of The Weitz Law Firm.
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Series
Adapting To Private Practice: 3 Tips On Finding The Right Job
After 23 years as a state and federal prosecutor, when I contemplated moving to a law firm, practicing solo or going in-house, I found there's a critical first step — deep self-reflection on what you truly want to do and where your strengths lie, says Rachael Jones at McKool Smith.
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Series
Painting Makes Me A Better Lawyer
Painting trains me to see both the fine detail and the whole composition at once, enabling me to identify friction points while keeping sight of a client's bigger vision, but the most significant lesson I've brought to my legal work has been the value of originality, says Jana Gouchev at Gouchev Law.
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Protecting Sensitive Court Filings After Recent Cyber Breach
In the wake of a recent cyberattack on federal courts' Case Management/Electronic Case Files system, civil litigants should consider seeking enhanced protections for sensitive materials filed under seal to mitigate the risk of unauthorized exposure, say attorneys at Redgrave.
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Series
Judging Figure Skating Makes Me A Better Lawyer
Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.
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$100K H-1B Fee May Disrupt Rural Healthcare Needs
The Trump administration's newly imposed $100,000 supplemental fee on new H-1B petitions may disproportionately affect healthcare employers' ability to recruit international medical graduates, and the fee's national interest exceptions will not adequately solve ensuing problems for healthcare employers or medically underserved areas, say attorneys at Holland & Knight.
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What Ethics Rules Say On Atty Discipline For Online Speech
Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.
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Junior Attys Must Beware Of 5 Common Legal Brief Mistakes
Excerpt from Practical Guidance
Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.
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3rd Circ. Clarifies Ch. 11 3rd-Party Liability Scope Post-Purdue
A recent Third Circuit decision that tort claims against the purchaser of a debtor's business belong to the debtor's bankruptcy estate reinvigorates the use of Chapter 11 for the resolution of nondebtor liability in mass tort bankruptcies following last year's U.S. Supreme Court ruling in Purdue Pharma, say attorneys at Sullivan & Cromwell.
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Series
Power To The Paralegals: How And Why Training Must Evolve
Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.
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Series
Playing Softball Makes Me A Better Lawyer
My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.
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And Now A Word From The Panel: Choosing MDL Venues
One of the most interesting yet least predictable facets of the Judicial Panel on Multidistrict Litigation's practice is venue — namely where the panel decides to place a new MDL proceeding — and its choices reflect the tension between neutrality and case-specific factors, says Alan Rothman at Sidley.
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Series
Law School's Missed Lessons: Mastering Time Management
Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.