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Delaware
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October 28, 2025
26 AGs Sue USDA Over Suspension Of Nutrition Benefits
The U.S. Department of Agriculture's decision to suspend Supplemental Nutrition Assistance Program benefits amid the ongoing government shutdown is an abuse of discretion that threatens to take food away from millions of people, according to a lawsuit filed Tuesday by 25 states and the District of Columbia.
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October 28, 2025
HHS Can't Yet Yank Sex Ed Grants Over 'Gender Ideology' Info
An Oregon federal judge has halted the U.S. Department of Health and Human Services' plans to revoke federal funding for teen sexual health education programs that included "gender ideology," agreeing with states that this is likely a case of executive overreach.
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October 28, 2025
Dental Co. Tells Chancery Ex-Executive Stole Business
A California dental lab sued the former CEO of one of its subsidiaries in the Delaware Chancery Court, saying he violated a multimillion-dollar sale agreement when he resigned, purchased a rival business using information he collected through his former job and is now after its customers.
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October 28, 2025
Del. Gives Nod To OpenAI Public Benefit Corp. Restructuring
Artificial intelligence giant OpenAI reported Tuesday that it will convert its Delaware-chartered LLC into a public benefit corporation in the same state after months of wide-ranging negotiations with civic and industry leaders and state justice officials in Delaware and California.
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October 27, 2025
AGs Push Congress To Close Intoxicating Hemp Loophole
Attorneys general from 39 states and U.S. territories are urging Congress to quash the intoxicating hemp products market which they say lawmakers inadvertently created through the 2018 Farm Bill, saying the "laudable legalization of commercial hemp" must be salvaged during the 2026 appropriations process.
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October 27, 2025
3rd Circ. Hints NJ Bias Law Standard No Longer Viable
A Third Circuit panel appeared poised on Monday to reconsider the viability of the "background circumstances" test under New Jersey's Law Against Discrimination as it weighed a white former police officer's bid to revive his discrimination case through the lens of recent U.S. Supreme Court precedent in cases brought by majority-group plaintiffs.
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October 27, 2025
Defunct Biz Asks 3rd Circ. To Revive $100M Caterpillar Win
A defunct equipment importer asked the Third Circuit on Sunday to revive its $100 million contract interference damages award against Caterpillar and give it another shot at antitrust allegations accusing the company of orchestrating a boycott, arguing the district court botched key parts of the jury trial.
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October 27, 2025
Pool-Sharing Co. CEO Sued For Job Protection Poison Pill
A company that lines up third-party pool and private recreation court rentals sued its former chief executive Thursday in Delaware's Court of Chancery, alleging that the officer secretly lined up pay and benefit hikes for three other top executives to be triggered in the event of his removal.
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October 27, 2025
Chancery Lets J&J, Dow Fight To Save Asbestos Data
The Delaware Chancery Court has refused to toss a suit by Johnson & Johnson, Dow Chemical and other major asbestos-defendant companies that are seeking to block a set of bankruptcy trusts from destroying decades of exposure data.
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October 27, 2025
Fed. Circ. Won't Revive Heart Valve IP Suit Against Edwards
Edwards Lifesciences won't have to face infringement litigation from Aortic Innovations over heart valve transplant technology, the Federal Circuit affirmed Monday.
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October 27, 2025
DOE's Wright Extends Order To Keep Md. Oil Plant Running
U.S. Secretary of Energy Chris Wright has extended an emergency order keeping an oil-fired power plant in Maryland running through year's end, citing reliability concerns raised by regional grid operator PJM Interconnection LLC.
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October 27, 2025
Chancery Mulls Shorter Fuse For Some Court Of Equity Suits
A Delaware jurist questioned Monday some applications of the Court of Chancery's "laches" counterpart to regular, statutory courts' three-year deadline for bringing claims, saying during arguments on dismissal of a special purpose acquisition company suit that claims in equity "may well" get less time to file.
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October 27, 2025
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court and Delaware Supreme Court saw another busy week of disputes spanning biotech milestones, reincorporation showdowns, shareholder voting schemes and cryptocurrency fiduciary rights.
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October 27, 2025
Prime Core Ch. 11 Admin Says It Cashed Out Crypto For $35M
The Chapter 11 plan administrator for defunct cryptocurrency custodian Prime Core told a Delaware bankruptcy judge Monday that it raised about $35 million by selling Prime's crypto assets and expects to begin creditor distributions early next year.
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October 24, 2025
JPMorgan Accuses Charlie Javice Of 'Abusive' Atty Fee Billing
JPMorgan Chase & Co. on Friday asked a Delaware state judge to reverse a 2023 order requiring the bank to cover the legal fees of convicted Frank founder Charlie Javice, arguing that the court must put a stop to her "abusive billing."
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October 24, 2025
Inventors Explore Funding, Celebrate Stewart And Newman
Suspended Federal Circuit Judge Pauline Newman and deputy U.S. Patent and Trademark Office Director Coke Morgan Stewart provided encouragement to members of US Inventor Friday as the inventors heard each other's stories, learned the logistics of protecting or losing their patents, and gained tips on financing their litigation.
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October 24, 2025
Real Estate Recap: Blackstone, Healthcare, Construction Debt
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including Blackstone's view of real estate options for 401(k) investors, a BigLaw partner's perspective on healthcare dealmaking, and the heavy construction debt amassed by Arkansas banks.
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October 24, 2025
Justices Told AI Innovation At Risk From Fed. Circ. Patent Ax
Artificial intelligence company Recentive Analytics Inc. has asked the U.S. Supreme Court to undo the Federal Circuit's invalidation of patents it accuses Fox Corp. of infringing, saying the decision "effectively declared a vast swath of AI and machine-learning innovation as categorically unpatentable," threatening the technology's future.
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October 24, 2025
Chancery Blocks Conflicted Sports Media Co. Board Pick
Minority investors in SportsMedia Technology got the Delaware Court of Chancery on Friday to block the company's founder and controlling equityholder from appointing his daughter to a new, seventh seat on the company's previously six-member board.
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October 24, 2025
X Corp. Says Ex-Twitter Workers' Bid Is Too Little, Too Late
Elon Musk's X Corp. told a Delaware federal judge that six former Twitter workers' bid to revive their dismissed severance claims by raising fresh contract theories and stale arbitration testimony is "far too little, far too late."
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October 24, 2025
Texas Drilling Co. Sued In Chancery Over Record Access
A stockholder-director of a Texas-based drilling company has sued in the Delaware Chancery Court to seek documents, alleging its president unilaterally and unlawfully shut down operations and refused to provide paperwork about the winding-up process.
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October 24, 2025
3rd Circ. Revives Nonprofit's Bias Suit Over Permit Denial
The Third Circuit on Friday revived an alcohol and substance abuse recovery nonprofit's disability bias suit against a New Jersey town, reasoning that the district court improperly denied the plaintiff the opportunity to refine its allegations that the municipality denied it a permit based on the nature of its operation.
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October 24, 2025
USPTO Chief To Review PTAB Ruling On Tire Sensor Patent
U.S. Patent and Trademark Office Director John Squires has decided to step in and examine a Patent Trial and Appeal Board decision from September to consider a challenge to a Cerebrum Sensor Technologies Inc. tire sensor patent.
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October 24, 2025
TeamSpeak Directors Urge Delay For Chancery Fines
Two former U.K. directors of voided online gaming chat venture TeamSpeak urged a Delaware senior magistrate Friday to keep on hold a $1,000 per day penalty and other sanctions imposed in a stockholder dispute over the company's disclosures and compliance with record demands.
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October 23, 2025
Chancery Maps Out Math For Hefty Drug Co. Breach Interest
A Delaware vice chancellor late Thursday issued a road map for calculating tens of millions of dollars in interest due after a ruling in June that Alexion Pharmaceuticals failed a "best efforts" duty to fulfill an autoimmune drug candidate deal with Syntimmune Inc.
Expert Analysis
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven decisions pertaining to attorney fees in class action settlements, the predominance requirement in automobile insurance cases, how the no mootness exception applies if the named plaintiff is potentially subject to a strong individual defense, and more.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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The Crucial Question Left Unanswered In EpicentRx Decision
The California Supreme Court recently issued its long-awaited decision in EpicentRx Inc. v. Superior Court, resolving a dispute regarding the enforceability of forum selection clauses, but the question remains whether private companies can trust that courts will continue to consistently enforce forum selection clauses in corporate charters, says John Yow at Yow PC.
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Why EpicentRx Ruling Is A Major Win For Business Certainty
The California Supreme Court's recent decision in EpicentRx v. Superior Court removes a significant source of uncertainty that plagued commercial litigation in California by clarifying that forum selection clauses shouldn't be invalidated solely because the selected forum lacks the right to a jury trial, say attorneys at Clark Hill.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Drafting M&A Docs After Delaware Corp. Law Amendments
Attorneys at Greenberg Traurig discuss how the March and June amendments to the Delaware General Corporation Law affect the drafting of corporate and M&A documents, including board resolutions, governing documents, and books and records demands.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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3rd Circ. FMLA Suit Revival Offers Notice Rule Lessons
In Walker v. SEPTA, the Third Circuit reinstated a former Philadelphia bus driver's Family and Medical Leave Act lawsuit, finding the notice standard is not particularly onerous, which underscores employers' responsibilities to recognize and document leave requests, and to avoid penalizing workers for protected absences, say Fiona Ong and Leah Shepherd at Ogletree.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.