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Delaware
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October 28, 2025
Exactech Gets Another $19M In DIP Funds Ahead Of Sale
Joint implant maker Exactech Inc. received a Delaware bankruptcy judge's permission Tuesday to borrow an additional $19.1 million in its Chapter 11 case as the company works to complete an asset sale by the end of the week.
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October 28, 2025
Akin Beats Malpractice Claim Over Alleged IP Theft Plot
A Third Circuit panel on Tuesday refused to revive a malpractice claim against Akin Gump Strauss Hauer & Feld LLP lodged in a lawsuit that accused attorneys of manipulating patent litigation to steal a former Cornell University graduate student's DNA sequencing intellectual property.
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October 28, 2025
26 AGs Sue USDA Over Suspension Of Nutrition Benefits
The U.S. Department of Agriculture's decision to suspend Supplemental Nutrition Assistance Program benefits amid the ongoing government shutdown is an abuse of discretion that threatens to take food away from millions of people, according to a lawsuit filed Tuesday by 25 states and the District of Columbia.
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October 28, 2025
HHS Can't Yet Yank Sex Ed Grants Over 'Gender Ideology' Info
An Oregon federal judge has halted the U.S. Department of Health and Human Services' plans to revoke federal funding for teen sexual health education programs that included "gender ideology," agreeing with states that this is likely a case of executive overreach.
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October 28, 2025
Dental Co. Tells Chancery Ex-Executive Stole Business
A California dental lab sued the former CEO of one of its subsidiaries in the Delaware Chancery Court, saying he violated a multimillion-dollar sale agreement when he resigned, purchased a rival business using information he collected through his former job and is now after its customers.
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October 28, 2025
Del. Gives Nod To OpenAI Public Benefit Corp. Restructuring
Artificial intelligence giant OpenAI reported Tuesday that it will convert its Delaware-chartered LLC into a public benefit corporation in the same state after months of wide-ranging negotiations with civic and industry leaders and state justice officials in Delaware and California.
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October 27, 2025
AGs Push Congress To Close Intoxicating Hemp Loophole
Attorneys general from 39 states and U.S. territories are urging Congress to quash the intoxicating hemp products market which they say lawmakers inadvertently created through the 2018 Farm Bill, saying the "laudable legalization of commercial hemp" must be salvaged during the 2026 appropriations process.
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October 27, 2025
3rd Circ. Hints NJ Bias Law Standard No Longer Viable
A Third Circuit panel appeared poised on Monday to reconsider the viability of the "background circumstances" test under New Jersey's Law Against Discrimination as it weighed a white former police officer's bid to revive his discrimination case through the lens of recent U.S. Supreme Court precedent in cases brought by majority-group plaintiffs.
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October 27, 2025
Defunct Biz Asks 3rd Circ. To Revive $100M Caterpillar Win
A defunct equipment importer asked the Third Circuit on Sunday to revive its $100 million contract interference damages award against Caterpillar and give it another shot at antitrust allegations accusing the company of orchestrating a boycott, arguing the district court botched key parts of the jury trial.
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October 27, 2025
Pool-Sharing Co. CEO Sued For Job Protection Poison Pill
A company that lines up third-party pool and private recreation court rentals sued its former chief executive Thursday in Delaware's Court of Chancery, alleging that the officer secretly lined up pay and benefit hikes for three other top executives to be triggered in the event of his removal.
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October 27, 2025
Chancery Lets J&J, Dow Fight To Save Asbestos Data
The Delaware Chancery Court has refused to toss a suit by Johnson & Johnson, Dow Chemical and other major asbestos-defendant companies that are seeking to block a set of bankruptcy trusts from destroying decades of exposure data.
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October 27, 2025
Fed. Circ. Won't Revive Heart Valve IP Suit Against Edwards
Edwards Lifesciences won't have to face infringement litigation from Aortic Innovations over heart valve transplant technology, the Federal Circuit affirmed Monday.
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October 27, 2025
DOE's Wright Extends Order To Keep Md. Oil Plant Running
U.S. Secretary of Energy Chris Wright has extended an emergency order keeping an oil-fired power plant in Maryland running through year's end, citing reliability concerns raised by regional grid operator PJM Interconnection LLC.
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October 27, 2025
Chancery Mulls Shorter Fuse For Some Court Of Equity Suits
A Delaware jurist questioned Monday some applications of the Court of Chancery's "laches" counterpart to regular, statutory courts' three-year deadline for bringing claims, saying during arguments on dismissal of a special purpose acquisition company suit that claims in equity "may well" get less time to file.
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October 27, 2025
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court and Delaware Supreme Court saw another busy week of disputes spanning biotech milestones, reincorporation showdowns, shareholder voting schemes and cryptocurrency fiduciary rights.
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October 27, 2025
Prime Core Ch. 11 Admin Says It Cashed Out Crypto For $35M
The Chapter 11 plan administrator for defunct cryptocurrency custodian Prime Core told a Delaware bankruptcy judge Monday that it raised about $35 million by selling Prime's crypto assets and expects to begin creditor distributions early next year.
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October 24, 2025
JPMorgan Accuses Charlie Javice Of 'Abusive' Atty Fee Billing
JPMorgan Chase & Co. on Friday asked a Delaware state judge to reverse a 2023 order requiring the bank to cover the legal fees of convicted Frank founder Charlie Javice, arguing that the court must put a stop to her "abusive billing."
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October 24, 2025
Inventors Explore Funding, Celebrate Stewart And Newman
Suspended Federal Circuit Judge Pauline Newman and deputy U.S. Patent and Trademark Office Director Coke Morgan Stewart provided encouragement to members of US Inventor Friday as the inventors heard each other's stories, learned the logistics of protecting or losing their patents, and gained tips on financing their litigation.
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October 24, 2025
Real Estate Recap: Blackstone, Healthcare, Construction Debt
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including Blackstone's view of real estate options for 401(k) investors, a BigLaw partner's perspective on healthcare dealmaking, and the heavy construction debt amassed by Arkansas banks.
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October 24, 2025
Justices Told AI Innovation At Risk From Fed. Circ. Patent Ax
Artificial intelligence company Recentive Analytics Inc. has asked the U.S. Supreme Court to undo the Federal Circuit's invalidation of patents it accuses Fox Corp. of infringing, saying the decision "effectively declared a vast swath of AI and machine-learning innovation as categorically unpatentable," threatening the technology's future.
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October 24, 2025
Chancery Blocks Conflicted Sports Media Co. Board Pick
Minority investors in SportsMedia Technology got the Delaware Court of Chancery on Friday to block the company's founder and controlling equityholder from appointing his daughter to a new, seventh seat on the company's previously six-member board.
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October 24, 2025
X Corp. Says Ex-Twitter Workers' Bid Is Too Little, Too Late
Elon Musk's X Corp. told a Delaware federal judge that six former Twitter workers' bid to revive their dismissed severance claims by raising fresh contract theories and stale arbitration testimony is "far too little, far too late."
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October 24, 2025
Texas Drilling Co. Sued In Chancery Over Record Access
A stockholder-director of a Texas-based drilling company has sued in the Delaware Chancery Court to seek documents, alleging its president unilaterally and unlawfully shut down operations and refused to provide paperwork about the winding-up process.
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October 24, 2025
3rd Circ. Revives Nonprofit's Bias Suit Over Permit Denial
The Third Circuit on Friday revived an alcohol and substance abuse recovery nonprofit's disability bias suit against a New Jersey town, reasoning that the district court improperly denied the plaintiff the opportunity to refine its allegations that the municipality denied it a permit based on the nature of its operation.
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October 24, 2025
USPTO Chief To Review PTAB Ruling On Tire Sensor Patent
U.S. Patent and Trademark Office Director John Squires has decided to step in and examine a Patent Trial and Appeal Board decision from September to consider a challenge to a Cerebrum Sensor Technologies Inc. tire sensor patent.
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.