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Delaware
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February 06, 2026
3rd Circ. Remands J&J Unit's Libel Suit Over Talc Study
Johnson & Johnson's talc liability unit will get another chance to pursue libel claims against a scientist over an article she wrote linking talcum power to mesothelioma, after the Third Circuit agreed to send the case back to New Jersey federal court.
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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.
Expert Analysis
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Series
Writing Musicals Makes Me A Better Lawyer
My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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Rebutting Price Impact In Securities Class Actions
Defendants litigating securities cases historically faced long odds in defeating class certification, but that paradigm has recently begun to shift, with recent cases ushering in a more searching analysis of price impact and changing the evidence courts can consider at the class certification stage, say attorneys at Katten.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Resilience Planning Is New Key To Corporate Sustainability
While the current wave of deregulation may reduce government enforcement related to climate issues, businesses still need to evaluate how climate volatility may affect their operations and create new legal risks — making the apolitical concept of resilience increasingly important for companies, says J. Michael Showalter at ArentFox Schiff.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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A Changing Playbook For Fighting Records Requests In Del.
The Delaware Supreme Court's recent decision in Wong v. Amazon, reversing the denial of an inspection demand brought by a stockholder, serves as a stark warning to corporations challenging books and records requests, making clear that companies cannot defeat such demands solely by attacking the scope of their stated purpose, say attorneys at Duane Morris.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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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.