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Delaware
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February 06, 2026
TPG Hid Exactech Defects To Dodge Liability, Trust Alleges
The settlement trust of joint implant maker Exactech filed a billion-dollar lawsuit in Delaware Chancery Court against TPG Inc., accusing the private equity firm of controlling Exactech after buying it in 2018, concealing the implants' defects, delaying product recalls and pushing the company into Chapter 11 to avoid liability.
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February 06, 2026
Fed. Circ. Clears E-Tracking Patents In Apple PTAB Challenge
The Federal Circuit on Friday rejected Apple's appeal of a Patent Trial and Appeal Board decision that upheld claims in an LBT patent for electronic location tracking.
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February 06, 2026
Squires Revives Dish Patent Over Pornhub RPI Error
U.S. Patent and Trademark Office Director John Squires has vacated the Patent Trial and Appeal Board's invalidation of a Dish Technologies LLC streaming patent, saying it took too long to disclose a real party in interest.
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February 06, 2026
Shake Shack Governance Suit Headed For Dismissal In Del.
A stockholder lawsuit challenging Shake Shack Inc.'s corporate governance arrangements is set to be dismissed after the parties jointly asked the Delaware Court of Chancery to end the case, cutting off the named plaintiff's claims while preserving the ability of other stockholders to bring similar suits later.
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February 06, 2026
Tobacco Cos. Clash Over Florida Settlement Costs
A duel involving major tobacco manufacturers has hit the Delaware Chancery Court as Philip Morris USA Inc. is bringing an equitable challenge that it says was left unresolved after it was barred from intervening in earlier litigation between Reynolds American Inc. and ITG Brands LLC over tobacco settlement payments owed to Florida.
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February 05, 2026
Deel Loses Bid To DQ Quinn Emanuel In Trade Secrets Fight
Payroll and human resources company Deel Inc. cannot have Quinn Emanuel Urquhart & Sullivan LLP disqualified from representing its competitor Rippling in a trade secrets fight, a Delaware judge ruled Thursday, saying there is no "clear conflict" that would require booting the BigLaw firm.
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February 05, 2026
FERC's Grid Planning Policy Revamp Is Proper, 4th Circ. Told
Clean energy supporters and blue state officials are backing the Federal Energy Regulatory Commission's overhaul of its regional transmission planning policy, telling the Fourth Circuit that the agency properly exercised its authority while ensuring states have a seat at the planning table.
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February 05, 2026
Tyson Won't Have To Hand Over Poultry Welfare Records
The Delaware Chancery Court on Thursday recommended against greenlighting a Tyson Foods Inc. stockholder's effort to obtain wide-ranging internal records about poultry welfare and labor practices, concluding the plaintiff failed to show a credible basis to suspect corporate wrongdoing that would justify further inspection.
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February 05, 2026
Defunct Gov't Contractor Found In Contempt Of Asset Freeze
The U.S. Bankruptcy Court for the District of Delaware has held the owners and affiliates of a defunct government contractor in contempt for violating a court-ordered asset freeze, concluding that they improperly sold a Missouri property that had been expressly barred from transfer while a $14 million clawback suit proceeds.
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February 05, 2026
Nicklaus Golf Co. Gets $50M Baseline Bid For Licensing Biz
A $50 million offer from brand manager Iconix International will be the baseline bid for a Chapter 11 auction of licensing rights for golf legend Jack Nicklaus' name, rights holder GBI Services has told a Delaware bankruptcy judge.
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February 04, 2026
Class Attys In Del. Northwest Biotherapeutics Praise Deal
Delaware Chancery Court has lined up a March 16 settlement hearing for a four-year stockholder lawsuit alleging insiders of Northwest Biotherapeutics Inc. received $40 million in stock awards, with proposals including a call for the company to forfeit nearly 22.9 million stock options and it receiving $2.25 million.
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February 04, 2026
Oracle Oversold AI Infrastructure Spending, Investor Says
An Oracle Corp. shareholder has accused the company in Delaware federal court of overly promising that its increased spending on artificial intelligence infrastructure would accelerate revenue growth despite concerns about its increasing contractual reliance on OpenAI, saying OpenAI itself is beholden to "AI tailwinds continuing and its models being a market leader."
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February 04, 2026
American Signature Furniture Gets Ch. 11 Sale OK In Del.
The bankrupt American Signature Furniture secured approval late Wednesday to move forward with a nearly $159 million sale to its top creditors — interests of the Schottenstein family of companies — after they emerged as the sole bidders in the company's Chapter 11 sale in Delaware.
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February 04, 2026
3rd Circ. Asks If Death Scene Photo Row Is Privacy Matter
The Third Circuit on Wednesday pondered whether the mother of a man who jumped from a bridge to his death was entitled to privacy after a Philadelphia police officer shared a photo of the man's death scene, focusing its questioning on whether there was a reasonable expectation of privacy concerning a public death.
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February 04, 2026
Chancery Asked For 120-Day Stay Of Virgin Galactic Suit
The Delaware Chancery Court has been asked to temporarily pause a stockholder derivative suit accusing Virgin Galactic founder Richard Branson and other leaders of the spaceflight company of concealing safety risks while selling stock, as related litigation over similar allegations moves toward possible settlement in federal court.
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February 04, 2026
3rd Circ. Ponders Pa. Professor's Virtual Teaching Denial
A Third Circuit panel on Wednesday quizzed attorneys in a case involving a Kutztown University professor who was denied remote teaching accommodations about if she should have expected in-person instruction to be an essential function of her position, despite the lack of a job description or written policy saying so.
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February 04, 2026
FERC Says Rejection Of PJM Grid-Planning Change Was Sound
The Federal Energy Regulatory Commission has defended its rejection of a plan that PJM Interconnection, a regional transmission organization, brokered with transmission owners to make grid-planning decisions without the approval of the regional grid operator's members committee, saying the plan would undermine the independence of PJM.
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February 04, 2026
Stockholders Ask Del. Justices To Revive Bylaw Suits
Stockholders challenging advance notice bylaws at AES Corp. and Owens Corning urged the Delaware Supreme Court on Wednesday to revive their dismissed suits, saying boards should face fiduciary duty scrutiny the moment they adopt allegedly entrenching bylaws, not only after a proxy contest is triggered.
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February 03, 2026
ImmunityBio Stockholder Targets Soon-Shiong In Chancery
The Delaware Chancery Court on Tuesday heard arguments over whether biotech billionaire Patrick Soon-Shiong and ImmunityBio Inc.'s board breached their fiduciary duties by approving insider financing that allegedly allowed him to secure equity at deeply discounted prices as the company neared regulatory approval for its lead cancer drug.
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February 03, 2026
Chancery Slashes Mootness Fee Proposal In Bolt Suit
A Delaware vice chancellor on Tuesday pruned to $4.1 million a $7.5 million attorney fee request for litigation that ended with cancellation of more than $37 million in Bolt Financial Group shares used by a company controller to secure a later-defaulted-upon, company-guaranteed loan.
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February 03, 2026
Insurer Sues In Del. To Block Bausch & Lomb Suit In La.
Pointing to dispute resolution terms in an eye care product acquisition, an insurer has sued in Delaware's Court of Chancery for a preliminary injunction barring Bausch & Lomb Americas Inc. and affiliates from pursuing coverage for a suit filed in Louisiana despite an alleged Delaware-only forum restriction.
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February 03, 2026
3rd Circ. Says Law Silent On Duty To Pay For Tendered Shares
In a precedential ruling Tuesday, the Third Circuit upheld a ruling in favor of a company that snubbed "sponsor" stockholders' tendered shares as invalid, ruling that the dismissal of the investors' suit over the rejection was proper since the law was silent on a tender offeror's duty to purchase shares.
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February 03, 2026
Novartis, Sandoz Face New Generic-Drug Price-Fixing Suit
Adding to sprawling antitrust litigation against pharmaceutical giants, 42 states and territories sued Novartis AG, Sandoz AG and other drug companies in Connecticut federal court Monday, alleging that the companies colluded for years to fix prices and control markets for generic drugs.
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February 03, 2026
Pharma Co. Stole Secrets For LSD Medical Trials, Suit Says
A clinical trial services company is suing Definium Therapeutics Inc. in Delaware federal court, alleging that it stole trade secrets during Phase 2 trials of LSD treatments for psychiatric disorders, then passed those secrets on to a rival services company for Phase 3 trials.
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February 03, 2026
3rd Circ. Says Contractor Payments Not Payroll Costs For PPP
The Third Circuit sided with the Small Business Administration on Tuesday in the case of an IT company seeking full forgiveness of a $7.2 million Paycheck Protection Program loan, ruling that the SBA was within its rights to deny forgiveness because the company's payments to independent contractors did not count as "payroll costs."
Expert Analysis
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10 Commandments For Agentic AI Tools In The Legal Industry
Though agentic artificial intelligence has demonstrated significant promise for optimizing legal work, it presents numerous risks, so specific ethical obligations should be built into the knowledge base of every agentic AI tool used in the legal industry, says Steven Cordero at Akerman LLP.
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Series
Preaching Makes Me A Better Lawyer
Becoming a Gospel preacher has enhanced my success as a trial lawyer by teaching me the importance of credibility, relatability, persuasiveness and thorough preparation for my congregants, the same skills needed with judges and juries in the courtroom, says Reginald Harris at Stinson.
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Series
Law School's Missed Lessons: Practicing Client-Led Litigation
New litigators can better help their corporate clients achieve their overall objectives when they move beyond simply fighting for legal victory to a client-led approach that resolves the legal dispute while balancing the company's competing out-of-court priorities, says Chelsea Ireland at Cohen Ziffer.
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Series
The Law Firm Merger Diaries: How To Build On Cultural Fit
Law firm mergers should start with people, then move to strategy: A two-level screening that puts finding a cultural fit at the pinnacle of the process can unearth shared values that are instrumental to deciding to move forward with a combination, says Matthew Madsen at Harrison.
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Considerations When Invoking The Common-Interest Privilege
To successfully leverage the common-interest doctrine in a multiparty transaction or complex litigation, practitioners should be able to demonstrate that the parties intended for it to apply, that an underlying privilege like attorney-client has attached, and guard against disclosures that could waive privilege and defeat its purpose, say attorneys at DLA Piper.
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Series
The Law Firm Merger Diaries: Making The Case To Combine
When making the decision to merge, law firm leaders must factor in strategic alignment, cultural compatibility and leadership commitment in order to build a compelling case for combining firms to achieve shared goals and long-term success, says Kevin McLaughlin at UB Greensfelder.
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What To Know As Rulings Limit NLRB's Expanded Remedies
Two recent appellate decisions strongly rebuke the National Labor Relations Board's expansion of remedies beyond reinstatement and back pay under Thryv, which compensated employees for all direct or foreseeable pecuniary harms, signaling increased judicial skepticism toward the board's broadened remedial authority, says Shay Billington at CDF Labor.
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Opinion
Despite Deputy AG Remarks, DOJ Can't Sideline DC Bar
Deputy Attorney General Todd Blanche’s recent suggestion that the D.C. Bar would be prevented from reviewing misconduct complaints about U.S. Department of Justice attorneys runs contrary to federal statutes, local rules and decades of case law, and sends the troubling message that federal prosecutors are subject to different rules, say attorneys at HWG.
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Rule Amendments Pave Path For A Privilege Claim 'Offensive'
Litigators should consider leveraging forthcoming amendments to the Federal Rules of Civil Procedure, which will require early negotiations of privilege-related discovery claims, by taking an offensive posture toward privilege logs at the outset of discovery, says David Ben-Meir at Ben-Meir Law.
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Series
My Miniature Livestock Farm Makes Me A Better Lawyer
Raising miniature livestock on my farm, where I am fully present with the animals, is an almost meditative time that allows me to return to work invigorated, ready to juggle numerous responsibilities and motivated to tackle hard issues in new ways, says Ted Kobus at BakerHostetler.
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Litigation Funding Could Create Ethics Issues For Attorneys
A litigation investor’s recent complaint claiming a New York mass torts lawyer effectively ran a Ponzi scheme illustrates how litigation funding arrangements can subject attorneys to legal ethics dilemmas and potential liability, so engagement letters must have very clear terms, says Matthew Feinberg at Goldberg Segalla.
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E-Discovery Quarterly: Recent Rulings On Dynamic Databases
Several recent federal court decisions illustrate how parties continue to grapple with the discovery of data in dynamic databases, so counsel involved in these disputes must consider how structured data should be produced consistent with the requirements of the Federal Rules of Civil Procedure, say attorneys at Sidley.
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Series
Building With Lego Makes Me A Better Lawyer
Building with Lego has taught me to follow directions and adapt to unexpected challenges, and in pairing discipline with imagination, allows me to stay grounded while finding new ways to make complex deals come together, says Paul Levin at Venable.
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Series
Law School's Missed Lessons: Networking 101
Cultivating a network isn't part of the law school curriculum, but learning the soft skills needed to do so may be the key to establishing a solid professional reputation, nurturing client relationships and building business, says Sharon Crane at Practising Law Institute.
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Defeating Estoppel-Based Claims In Legal Malpractice Actions
State supreme court cases from recent years have addressed whether positions taken by attorneys in an underlying lawsuit can be used against them in a subsequent legal malpractice action, providing a foundation to defeat ex-clients’ estoppel claims, says Christopher Blazejewski at Sherin and Lodgen.