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Delaware
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September 19, 2025
MongoDB Directors, Officers Sued In Del. Over Trading
A stockholder of software venture MongoDB sued a dozen company directors and key officers in Delaware's Court of Chancery late Thursday, seeking to recover more than $240 million allegedly lost in part to trading by insiders after the release of what the complaint said were unsupported, upbeat growth forecasts and business model changes.
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September 19, 2025
Union's $3.5M OT Pension Suit Win Overturned At 3rd Circ.
The Third Circuit overturned Friday a pipe fitters and plumbers union local's $3.5 million win in a dispute with a commercial real estate company over pension contributions related to overtime hours, holding that the parties' collective bargaining agreements didn't obligate the employer to pay additional benefits.
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September 18, 2025
Delaware Judge Calls For Civility After 'Annus Horribilis'
In a rare postscript to her bench ruling this week, a Delaware vice chancellor lamented what she observed as a breakdown in the state bar's civility and mutual respect over the past "annus horribilis," comments that have since drawn cautious support and resonance with several in the First State's legal community.
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September 18, 2025
Arbitration Clauses Won't Protect IPOs From Investor Suits
With the U.S. Securities and Exchange Commission greenlighting the use of mandatory arbitration clauses for newly public companies, securities litigation experts are waiting to see whether any company is willing to risk the almost inevitable legal blowback that will come with taking advantage of the policy.
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September 18, 2025
Amazon Must Face Buyers' Antitrust Suit Over Pricing Policy
A Manhattan federal judge on Thursday allowed consumers' lawsuit targeting a policy Amazon had in place until March 2019 that restricted sellers from offering cheaper prices elsewhere to proceed under antitrust and consumer protection laws in 25 states, but tossed claims brought under Kansas, Mississippi, Missouri and Tennessee laws.
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September 18, 2025
DC Circ. Judge Says PJM Monitor May Have 'Hint Of Paranoia'
The D.C. Circuit didn't seem so sure Thursday morning that the Federal Energy Regulatory Commission was flouting the rules by denying an independent market monitor access to its liaison committee meetings, with one judge saying the monitor seemed to be exhibiting a "hint of paranoia."
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September 18, 2025
Tech Funds Sue Crypto Data Co. Over 'Pay-to-Play' Deal
Digital asset data firm Lukka Inc. has been sued in Delaware's Chancery Court by two London-based investment funds seeking to halt the firm's "pay-to-play" financing scheme they say would strip away their rights and senior equity position.
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September 18, 2025
Medical Staffing Co. Trustee Says Ex-Execs Drained Funds
The liquidation trustee for bankrupt medical staffing company American Physician Partners has told a Delaware bankruptcy judge that former top executives drained the company with millions in unauthorized bonus payments and "made-up" consultation fees.
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September 18, 2025
1st Circ. Won't Lift Block On HHS Job, Program Cuts
The First Circuit on Wednesday rejected a bid by the Trump administration to let it move ahead with cutting 10,000 jobs and end a number of programs at the U.S. Department of Health and Human Services while it appeals a Rhode Island federal judge's order temporarily barring the plan.
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September 17, 2025
3rd Circ. Urged To Revive NJ Casino Antitrust Pricing Suit
Algorithmic collusion by Atlantic City casino hotels, as alleged by their customers, poses a grave threat to consumers as the hotels use software to get around a century's worth of antitrust precedent, an attorney for the American Antitrust Institute told the Third Circuit on Wednesday, urging the court to revive an antitrust suit.
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September 17, 2025
Del. Judge's US Atty Application Plan Draws Blanche's Ire
Delaware's chief district judge, a Trump appointee, is seeking applications for the state's U.S. attorney position to prepare for an upcoming vacancy in the interim position, a move that drew the ire of Deputy U.S. Attorney General Todd Blanche on Wednesday.
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September 17, 2025
Frontier Copyright Row Triggered Duty To Defend, Court Says
Insurers for Frontier Communications had a duty to defend the telecommunications company against copyright infringement claims that were ultimately settled, a Delaware state court ruled in a recently unsealed opinion, analyzing a deliberate acts exclusion and the timeliness of Frontier's claim notice.
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September 17, 2025
Chancery Mulls Limited Discovery In $8.7B Cerevel Sale Suit
A Delaware vice chancellor said Wednesday he is considering denial of a motion to dismiss as well as limited plaintiff discovery in a suit accusing Cerevel Therapeutics Holdings Inc. insiders of lining up a secondary stock sale ahead of the biopharma's disclosure of a proposed $8.7 billion sale to AbbVie.
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September 17, 2025
3rd Circ. Weighs Limits On NJ Medical Aid In Dying Act
The Third Circuit on Wednesday considered whether a Delaware woman with terminal cancer can challenge New Jersey's residency requirement for medical aid in dying, even though she has yet to be certified as having six months or less to live.
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September 17, 2025
Trump Admin Can't Get Suit Challenging Voting Order Tossed
A Massachusetts federal judge declined Wednesday to dismiss a lawsuit challenging the Trump Administration's executive order requiring physical proof of citizenship to vote and invalidating ballots received after Election Day.
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September 17, 2025
Posting Standards Violates Copyright, ASTM Tells 3rd Circ.
The American Society for Testing and Materials told a Third Circuit panel in Philadelphia on Wednesday that a Pennsylvania federal judge was wrong to find that another company's posting of its copyrighted technical standards online was a noninfringing fair use of the material.
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September 17, 2025
Chancery Approves $30M Match.com Spinoff Suit Settlement
A Delaware vice chancellor approved a $30 million mediated settlement Wednesday to resolve a five-year dispute over the fairness of Match.com's 2019 reverse spinoff from Barry Diller-controlled IAC/Interactive, with stockholder attorneys taking home $6.9 million.
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September 17, 2025
Del. Judge Boosts American Axle's $4M IP Win By $1.2M
A Delaware federal judge ordered Neapco Holdings LLC to pay American Axle & Manufacturing Inc. nearly $1.2 million in prejudgment interest on top of a $4 million jury verdict handed down in January 2024 in a long-running patent fight, according to court papers filed Wednesday.
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September 17, 2025
3rd Circ. Panel Puzzled By Economics Of NCAA Eligibility
The introduction of compensation for college athletes may have changed the economic effects of the NCAA's eligibility rules, but a Third Circuit panel wondered Wednesday whether enough analysis on the specific effects had been done to justify suspending one of those rules for a Rutgers University football player.
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September 17, 2025
Split 3rd Circ. Says Cell Search Didn't Violate Suspect's Rights
A split Third Circuit panel ruled Tuesday that a woman's protections against self-incrimination weren't violated when she allowed police officers to search her phone after requesting an attorney following her arrest for drug dealing, holding that evidence on the phone ultimately used against her was properly admitted because the search was voluntary.
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September 17, 2025
Del. High Court Probes Reviving Gellert Seitz Malpractice Case
A Delaware justice took aim at an argument she seemed to suggest wasn't fleshed out enough in appellate filings as a homebuilder's attorney urged the state Supreme Court on Wednesday to undo Gellert Seitz Busenkell & Brown LLC's win in a legal malpractice case.
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September 16, 2025
Merck Says Vaccine Case 'Poor Vehicle' For Antitrust Review
Merck & Co. told the U.S. Supreme Court to reject a bid from physicians looking to revive antitrust claims over submissions the pharmaceutical giant made to federal regulators concerning its mumps vaccine, arguing that the case is "an exceptionally poor vehicle" for review.
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September 16, 2025
DOE Asks Judge To Pull Plug On States' Cost Cap Suit
The U.S. Department of Energy has asked an Oregon federal judge to toss a New York-led lawsuit challenging a new policy that would cap certain overhead costs under energy assistance awards, arguing the change falls within its discretionary authorities.
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September 16, 2025
3rd Circ. Says Yellow Has Ch. 11 Pension Liabilities
The Third Circuit has rejected Yellow Corp.'s appeal of a bankruptcy court decision on pension liability in its Chapter 11 case, saying Tuesday that the trucking company's pension funds are correct in their calculation of how much it owes as it pulls out of its retirement plans.
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September 16, 2025
Judge Orders Bench Trial On Key Issue In Sirius Patent Case
A Delaware federal judge has ordered a bench trial on the issue of whether Sirius XM relied on a German research foundation's five-year delay in bringing patent claims related to satellite radio technology in making business decisions around that tech.
Expert Analysis
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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.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.