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Delaware
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October 01, 2025
Atty Asks 3rd Circ. For New Trial In Malicious-Litigation Case
A lawyer who lost her malicious-litigation lawsuit against three Blank Rome LLP attorneys and an aviation parts company has asked the Third Circuit to review a Pennsylvania federal judge's ruling that she was not entitled to a new trial.
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October 01, 2025
Fed. Circ. Sends Social Media Patent Fight Back To PTAB
The Federal Circuit on Wednesday partly revived Snap's challenge to substitute claims in a You Map patent covering a way of displaying social media posts on a map, finding that the Patent Trial and Appeal Board needs to take another run at the issue.
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October 01, 2025
InterDigital Wants Disney's Video Tech Antitrust Case Tossed
Wireless technology company InterDigital Inc. has asked a Delaware federal judge to dismiss an antitrust suit brought by Disney that claims InterDigital isn't offering reasonable licenses on patents for streaming video, saying the entertainment giant's claims were either deficient or time-barred.
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October 01, 2025
Pick For Del.'s 3rd Circ. Seat Advances Despite Few State Ties
Jennifer L. Mascott, nominee for a Delaware seat on the Third Circuit, who is currently serving in the White House Counsel's Office and has come under scrutiny for her lack of ties to the state, had her nomination voted out of committee along party lines Wednesday.
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September 30, 2025
3rd Circ. Parses 'Could' And 'Would' In Lipitor Lawsuit
A Third Circuit panel questioned Tuesday whether drug wholesalers and health plans had offered enough evidence that Pfizer Inc. and Ranbaxy Laboratories Ltd. conspired to delay generic competition for the cholesterol drug Lipitor, focusing on whether the U.S. Food and Drug Administration would have approved the competitor earlier than November 2011.
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September 30, 2025
4 Federal Circuit Clashes To Watch In October
The Federal Circuit will hear arguments next week in cases where a nearly $42 million patent win for Seagen hangs in the balance due to a later post-grant review invalidity decision and where Regenxbio is seeking to undo the invalidation of its gene therapy patent for covering a natural product.
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September 30, 2025
Regions Bank Brass Must Face Suit Over $191M CFPB Fine
A Delaware chancellor ruled Tuesday that most board members of Regions Bank cannot escape a shareholder derivative suit over a $191 million fine the bank paid to the Consumer Financial Protection Bureau in 2022 for charging unlawful "surprise" overdraft fees on certain debit card transactions and ATM withdrawals.
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September 30, 2025
$200M Investor In Studio 8 Asks Chancery For Records
A Chinese investor has asked the Delaware Chancery Court to force Studio 8 Holdings LLC to open its books, alleging the Hollywood film and television production company squandered a $200 million investment the investor made in June 2014.
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September 30, 2025
3rd Circ. Mulls Liens On Casino Revenue In Pa. City's Ch. 9
The Third Circuit Court of Appeals on Tuesday pressed attorneys for Delaware County and municipal bondholders on why their liens on city-generated revenues carried forward when the Pennsylvania city of Chester filed for bankruptcy in 2022.
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September 30, 2025
NPR Fights CPB's $30M Grant Shift In Court
A federal judge got assurances from Corporation for Public Broadcasting lawyers Tuesday that it won't commit $30 million to a new National Public Radio alternative for managing the public radio satellite system for at least the next month as he considers a motion from NPR for an injunction blocking the move indefinitely.
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September 30, 2025
Del. Justices Won't Revive Gellert Seitz Malpractice Case
The Delaware Supreme Court on Tuesday rejected a homebuilder's bid to revive its legal malpractice suit against Gellert Seitz Busenkell & Brown LLC over damages the builder said it suffered due to the firm's negligence in loan restructuring disputes with a bank.
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September 30, 2025
Deel Urges Court To DQ Quinn Emanuel In Trade Secrets Fight
Payroll and human resources company Deel Inc. is urging a Delaware state court to disqualify Quinn Emanuel Urquhart & Sullivan LLP from representing its competitor Rippling in a trade secrets fight, saying its request is "a textbook case for disqualification" due to a conflict of interest.
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September 30, 2025
Law Professors, Tech Groups Back ROSS In Westlaw IP Fight
A tech startup appealing an adverse fair use ruling to the Third Circuit has received nearly a dozen briefs in support of its position that it did not infringe copyrighted material from Thomson Reuters' Westlaw platform to create a competing legal research tool driven by artificial intelligence.
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September 30, 2025
Musk Escapes X Corp. Workers' Severance Suit In Del.
A federal judge in Delaware has tossed 14 counts naming billionaire Elon Musk in a suit filed by six former X Corp. employees seeking severance benefits, with all but two dismissed with prejudice.
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September 29, 2025
Supreme Court Considers 7 Patent Petitions
The U.S. Supreme Court held its first conference Monday, presenting the justices with several petitions of interest to patent practitioners before the court's new term kicks off next week.
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September 29, 2025
Pfizer Says Drugmaker Moving Too Early On Arthritis Generic
Pfizer has asked a Delaware federal court to block generic-drug maker Prinston Pharmaceutical from moving forward with plans to sell a generic version of the arthritis drug Xeljanz that would allegedly infringe Pfizer's patent.
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September 29, 2025
DHS Can't Tie FEMA Funds To Immigration Agenda, AGs Say
A dozen state attorneys general sued the Department of Homeland Security in Rhode Island federal court on Monday, accusing it of holding emergency response funding hostage unless they help enforce federal immigration laws, despite a recent court order blocking the department's attempts to condition funds on such assistance.
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September 29, 2025
Del. Heavyweight Firms Get Lead Spot For Endeavor Deal Suit
The Delaware Chancery Court tapped Bernstein Litowitz Berger & Grossmann LLP and Grant & Eisenhofer PA on Monday as lead co-counsel for the shareholder class action over sports and entertainment company Endeavor Group Holdings Inc.'s $13 billion take-private merger.
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September 29, 2025
Chancery Mulls Bid To Toss AI-Linked Battery Co. SPAC Suit
Attorneys representing a blank-check company that took artificial intelligence-driven energy storage business Stem Inc. public in April 2021 argued in Delaware's Court of Chancery on Monday that investors suing over the deal are following a "free pass to trial" strategy that the court has cautioned against.
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September 29, 2025
In Chancery, Bankrupt First Brands Accused Of Deal Breach
Automotive manufacturer Grammer Inc. filed a suit in the Delaware Chancery Court accusing APC Parent LLC and guarantor First Brands Group, which filed for Chapter 11 protection on Sunday, of breaching multiple agreements and withholding more than $20 million in payments involved with a $40 million merger.
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September 29, 2025
Chancery Urged To Keep Alive Ukrainian Oligarch Suit
An attorney for an investor seeking to recover $58.5 million allegedly lost to individuals and entities entangled in decades-old fraud-related allegations involving two Ukrainian oligarchs and others urged a Delaware vice chancellor Monday to reject claims that time ran out for the case years ago.
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September 29, 2025
Claire's To Sell 156 UK Stores In Ch. 11
Jewelry retailer Claire's has secured a sale for some of its business in the U.K. and Ireland to private equity firm Modella Capital, the company's British restructuring administrator announced Monday.
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September 29, 2025
3rd Circ. Denies Pilots' Bid To Revive Military Leave Class
The Third Circuit will not review a Pennsylvania federal judge's order decertifying a class of American Airlines pilots who claim they were denied pay and profit-sharing benefits during their time off on military leave, the court announced Monday.
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September 29, 2025
Fed. Circ. Backs Lyft Win In PTAB Car ID Patent Challenge
The Federal Circuit on Monday refused to revive claims across five vehicle identification system patents, affirming Patent Trial and Appeal Board decisions that rideshare giant Lyft was able to show that the claims were invalid.
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September 29, 2025
Catching Up With Delaware's Chancery Court
A Delaware vice chancellor expressed disappointment and concern over what she says is a "breakdown" in "civility and respect" that has emerged in recent Delaware corporate litigation. A $30 million settlement was approved in the five-year running Match.com reverse spinoff suit, and the top brass of Estée Lauder were hit with a derivative suit for allegedly covering up the company's reliance on prohibited, duty-free "gray market" sales of its products in China.
Expert Analysis
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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.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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How Courts Weigh Section 1782 Discovery For UPC Cases
A look at cases from six different federal district courts reveals a number of discretionary factors that influence how courts consider Section 1782 discovery applications in connection with Unified Patent Court proceedings, say attorneys at Finnegan.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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2 Del. Rulings Reinforce Proof Needed For Records Demands
Two recent Delaware Court of Chancery decisions involving Amazon and Paramount Global illustrate the significance of the credible basis standard on books and records requests, underscoring that stockholders seeking to investigate wrongdoing must come forward with actual evidence of misconduct — not mere allegations, say attorneys at Cleary.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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A Higher Bar For Expert Witnesses In Drug Patent Litigation
With recent decisions emphasizing courts' growing insistence on robust methodologies in pharmaceutical patent disputes, litigators must be strategic in how they utilize expert testimony and adapt to venue-specific expectations, says Jeremy Scholem at WIT Legal.