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Delaware
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December 02, 2025
Judge Doubts That FEMA Funds Freeze Is Harmless
A Massachusetts federal judge on Tuesday appeared to push back on assertions by the Trump administration that states are not entitled to a court order vacating what the government says is a temporary freeze of Federal Emergency Management Agency funds intended to pay for disaster-mitigating projects.
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December 02, 2025
FAT Brands Sued In Del. For Docs On Spinoff, Other Moves
A stockholder of the FAT Brands Inc. global restaurant family sued for corporate books and records in Delaware's Court of Chancery Monday, pointing to allegedly suspicious transactions and purported debt pressures, and citing what was described as a history of purported "economic malfeasance" by FAT's management.
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December 02, 2025
3rd Circ. Weighs 'Information' Meaning In Credit Report Rift
A panel of the Third Circuit on Tuesday considered whether Experian acted reasonably when it reported that a New Jersey consumer was behind on child support payments despite the consumer's efforts to dispute that report's accuracy, questioning whether the purported delinquency had to be reported in the first place.
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December 01, 2025
Merck Wants Fed. Circ. Redo On Decision Backing Axed IP
German drugmaker Merck has asked the Federal Circuit to rethink its decision upholding the invalidation of claims in two patents on the blockbuster multiple sclerosis drug Mavenclad, saying the ruling creates a rule where inventors' work can later be used against them.
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December 01, 2025
Chancery OKs $9.4M Deal To End Sears Take-Private Suit
Terming it a settlement that is "easy to approve," a Delaware vice chancellor on Monday OK'd a $9.37 million deal to end a suit contesting investor payouts after a take-private deal for Sears Hometown and Outlet stores in 2019.
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December 01, 2025
Chancery Tosses Suit Challenging Auto Repair Biz Sale Nix
Investors in affiliates of auto repair venture Repairify Inc. failed to show an enforceable fiduciary duty breach when they launched a derivative suit accusing the company's controller and others of snubbing a push to sell the business, a Delaware vice chancellor declared on Monday.
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December 01, 2025
AGs Push For Law To Boost Tribal Access To US Marshals
Thirty-nine state attorneys general are calling on federal lawmakers to pass legislation that would allow the U.S. Marshal's Service to assist tribal law enforcement in tracking down individuals with felony warrants, saying it's vital to public safety and to address the Missing and Murdered Indigenous People crisis.
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December 01, 2025
Chancery Sets Standard In Scottish Re Case
The Delaware Chancery Court has signed off on the framework that will govern how scores of insurers press claims in the liquidation of Scottish Re (U.S.) Inc., issuing an opinion to spell out when courts must defer to the state insurance commissioner and when they must step in.
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December 01, 2025
Chancery Says Harassment Doesn't Breach Fiduciary Duty
Delaware's Chancery Court tossed a suit from the founder of a credit repair company who claimed an ex-director breached his fiduciary duties by engaging in sexual harassment that led to $1.8 million in judgments, ruling that workplace sexual misconduct can't trigger corporate liability.
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December 01, 2025
Venezuela Will Challenge $5.9B Sale Of Citgo Parent
Venezuela, the country's state-owned oil company and others have appealed a Delaware federal judge's order approving the $5.89 billion sale of Citgo Petroleum's parent company to an affiliate of hedge fund Elliott Investment Management LP, potentially delaying the long-awaited sale of Venezuela's most significant seizable asset.
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December 01, 2025
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court saw a slate of corporate law clashes this past week, from fast-moving injunction fights in consumer product and real estate markets to multibillion-dollar oversight claims against crypto executives and fresh battles over control for two sports teams.
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December 01, 2025
3rd Circ. Says Habba Barred From Serving As Acting US Atty
President Donald Trump's former personal lawyer cannot serve as acting U.S. attorney for New Jersey, the Third Circuit ruled Monday in a precedential opinion holding that her appointment violated the Federal Vacancies Reform Act and undermined the constitutional safeguards of Senate confirmation.
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November 26, 2025
21 AGs Sue USDA Over SNAP Rollbacks For Permanent Residents
Twenty states and the District of Columbia sued the U.S. Department of Agriculture on Wednesday over new agency guidance barring certain categories of permanent residents from receiving federal food assistance benefits.
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November 26, 2025
NJ County Wants Out Of State's $400M PFAS Deal With 3M
A New Jersey county is asking a federal court to exclude it from 3M Co.'s $400 million forever chemical pollution settlement with the state, saying it would rather go after the company on its own for more money.
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November 26, 2025
AGs Urge Congress To Reject Trump's Ban On State AI Laws
Attorneys general from 32 states are urging Congress to preserve their ability to pass laws regulating artificial intelligence, contending that the Trump administration's renewed proposal to insert a moratorium into a federal spending bill would leave states powerless in the face of AI-powered scams, harmful chatbot hallucinations and other emerging dangers.
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November 26, 2025
Intel Prevails As Judge Finds Ex-Philips Patents Abstract
A Delaware federal judge has ruled that two patents on transferring content, which were originally issued to Philips, are invalid for claiming only abstract ideas, handing a victory to accused infringer Intel Corp.
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November 26, 2025
Golf Cart Battery Co. Urges Chancery To Block Rival's Sales
A Texas-based golf cart battery maker is asking the Delaware Chancery Court for an emergency order barring a distributor from selling newly acquired Bolt Energy USA batteries, arguing the move would violate a still-active noncompete period and irreparably damage the young lithium battery maker's reputation and customer base.
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November 26, 2025
Paratek Beats Suit Alleging $462M Sale Built On D&O Interests
A Delaware vice chancellor tossed investor challenges to Paratek Pharmaceuticals' $462 million sale to Gurnet Point Capital and Novo Holdings, saying it was not reasonably conceivable that directors and officers undermined better deal prospects in order to protect personal interests.
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November 26, 2025
Lenders Say Their Liens Are Senior In Dolphin Co. Ch. 11 Row
A group of secured lenders owed $100 million by dolphin park owner Leisure Investment Holdings LLC said in court filings Nov. 25 that its liens over the debtor's assets are senior to a judgment creditor and the group should be given an early win in the lien dispute.
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November 26, 2025
Tube Maker's Board Says CEO Funneled Profits To Sons' Co.
The special committee of the nation's largest squeezable tube manufacturer's board has sued the company's CEO and his two sons in Delaware Chancery Court, alleging they siphoned off corporate profits through a self-dealing arrangement that steered label-supply business to a family-owned business at inflated prices.
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November 26, 2025
Investor Says Pot Co.'s Old Defenses Can't Stop Fraud Suit
An investor suing the principals of cannabis company Devi Holdings Inc. over an undisclosed $13 million tax liability is urging a Florida federal court to deny a motion for summary judgment from Devi's CEO, saying it ignores undisputed facts and rehashes old arguments that were rejected at the dismissal stage.
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November 26, 2025
Nike, Small Business Admin Top 3rd Circ. December Lineup
The Third Circuit's December lineup features disputes from all levels of the U.S. economic system, from a consumer fighting to hold a credit agency accountable for reporting inaccurate information, to Nike's ongoing attempt to avoid a $5.7 million fee award in a trademark case it lost in 2021.
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November 26, 2025
Foley & Lardner Hit With Malpractice Suit Over Chancery Loss
Foley & Lardner LLP has been sued in Delaware Superior Court by three officers of a now-defunct food recycling company who say the firm was negligent when representing them in a Chancery Court case that led to a $1.6 million judgment against them and another officer.
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November 26, 2025
Byju's Gets OK For Settlement Tied To $533M Clawback
A Delaware bankruptcy judge on Wednesday approved a settlement that education technology group Byju's said provides key information on what happened to $533 million in missing money as it works to recover the funds in Chapter 11.
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November 26, 2025
Coinbase Insiders Sued In Del. For Billions After Hack Losses
Stockholders of Coinbase Global Inc. have again sued the crypto giant in Delaware's Court of Chancery, in a second derivative suit seeking recoveries for billions in alleged inside trading by fiduciaries of the now-Texas-chartered company and claiming multiple failures to prevent high-risk customer actions.
Expert Analysis
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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.
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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.