The Delaware Court of Chancery on Tuesday refused to dismiss a stockholder lawsuit accusing Virtu Financial Inc.'s founder and top executives of using the company's share repurchase program to unfairly enrich insiders at the expense of public investors, finding that the claims were reasonably supported at the pleading stage.
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TOP NEWS

Virtu Insider Buyback Suit Survives Dismissal Bid

By Jarek Rutz

The Delaware Court of Chancery on Tuesday refused to dismiss a stockholder lawsuit accusing Virtu Financial Inc.'s founder and top executives of using the company's share repurchase program to unfairly enrich insiders at the expense of public investors, finding that the claims were reasonably supported at the pleading stage.

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Reddit's Reply To Bylaw Protest Likely AI-Made, Investor Says

By Lauren Berg

A Reddit investor sued in Delaware's Chancery Court on Monday alleging that when he challenged a charter provision that he says unlawfully restricts investors from removing board members designated by Reddit's biggest shareholder, the social media company responded with an "absurd" argument that appears to have been generated by artificial intelligence.

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R1 Deal Defendants Urge Chancery To Toss Investor Suit

By Jarek Rutz

Counsel for TowerBrook Capital Partners LP and Ascension Health Alliance urged the Delaware Chancery Court on Tuesday to dismiss a stockholder suit over medical company R1 RCM Inc.'s $8.9 billion take-private deal, arguing that the investors did not control the company under Delaware law.

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Samsung, Micron Face Fresh Patent Threats From Netlist

By Hailey Konnath

Netlist Inc. has accused Samsung Electronics Co. Ltd. and Micron Technology Inc. of infringing more of its patents covering memory and storage technology, the latest chapter in wide-ranging, long-running intellectual property disputes between the companies, according to a pair of complaints filed in Texas and Delaware.

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POLICY & REGULATION

Dem AGs Slam Climate Science Removal From Judicial Guide

By Jack Karp

The federal judiciary's decision to strike a chapter on climate change from its guide to scientific evidence is misguided, partisan and "will impede the judiciary's ability to pursue truth," according to a Tuesday letter from nearly two dozen Democratic state attorneys general.

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'Citizenship Lists' For Mail Voting Worry Mass. Judge

By Carolyn Muyskens

A federal judge in Boston had tough questions on Tuesday for a lawyer defending President Donald Trump's executive order tightening mail voting rules, flagging concerns that voters could be disenfranchised by the changes.

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U.S. SUPREME COURT

Justices Urged To Address Tax Fraud Deadline Split

By Kat Lucero

A woman urged the U.S. Supreme Court on Tuesday to reconcile the appellate courts' split over the period to assess taxes against a taxpayer in cases when a third party commits fraud, saying the IRS even admitted that the conflict creates "intolerable results."

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THIRD CIRCUIT

Generics Makers Tell 3rd Circ. Buyers Too Few For Class

By P.J. D'Annunzio

Two pharmaceutical companies embroiled in decadelong litigation over the alleged price-fixing of generic drugs told a Third Circuit panel on Tuesday that groups of drug buyers either didn't have the numbers necessary to support class certification or were not clearly identifiable.

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3rd Circ. Asks NJ To Define 'Unreasonable' Gunmaker Conduct

By George Woolston

The Third Circuit on Tuesday appeared skeptical of the state of New Jersey's position that The National Shooting Sports Foundation still lacked standing as it tries to renew its challenge of a Garden State law allowing it to sue gunmakers for endangering public safety, questioning what exactly is impermissible under broad statutory language like "unreasonable" conduct.

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DISTRICT COURT

Lack Of Indemnity Liability Doomed Vax IP Case, Judge Says

By Adam Lidgett

Drug developer Acuitas Therapeutics Inc. failed to show that it would have to indemnify BioNTech as a result of GlaxoSmithKline's patent infringement lawsuit against BioNTech and Pfizer over the COVID-19 vaccine, a Delaware federal judge has said.

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Judge Ends Nausea Drug Suit After Invalidating Other Patents

By Elliot Weld

A federal judge has ruled one set of patents covering the nausea drug Cinvanti was invalid and found a set asserted in another suit not infringed.

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EXPERT ANALYSIS

Operational AI Washing: Dismantling Claims Before Discovery

Operational AI washing claims can be rebuffed before discovery extracts their true costs by turning the documentary record established in earnings calls and public disclosures into a layered defense, which can exploit the Private Securities Litigation Reform Act’s heightened pleading standards, say attorneys at Akerman.

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2 'Rocket Dockets' And The Rules That Propel Them

The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

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LEGAL INDUSTRY

Milbank Raises Associate Pay Scale, Topping Out At $455K

By Kevin Penton

Milbank LLP is increasing associate pay by $10,000 to $20,000 annually, with new salary floors of $235,000 and pay reaching as high as $455,000 for more experienced attorneys, according to the firm.

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BigLaw Could Tap PE Money For Advantage In Talent Wars

By Ryan Boysen

BigLaw firms may soon partner with private equity to gain an edge in the talent wars, potentially reshaping the U.S. legal industry despite fears that the shift could corrode firms' cultures.

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Fox Rothschild Atty Censured Over $2.7M In Unapproved Fees

By Adrian Cruz

A New Jersey-based bankruptcy partner at Fox Rothschild LLP has been censured by the Supreme Court of New Jersey after she was found to have wrongfully disbursed over $2.7 million in fees to her former firms without approval.

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Chicago US Atty Report Denies Grand Jury Misconduct Claim

By Lauraann Wood

The Northern District of Illinois' top prosecutor sought to offer clarity Tuesday surrounding accusations of his possible interference with grand jury proceedings that preceded a criminal conspiracy indictment against six protesters, releasing a special report one defendant's attorney says raises more questions than it answers.

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7th Circ. Fines Deported Migrant's Atty For ChatGPT Misuse

By Emily Sawicki

The Seventh Circuit has rejected a Mexican citizen's petition challenging an immigration court's removal order on the merits, while sanctioning his attorney $5,000 for filing two legal briefs "riddled with" fabricated quotes and case citations hallucinated by ChatGPT.

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Exclusive

Cooley Launches Global Hearings Practice As Scrutiny Rises

By Daniel Moritz-Rabson

Cooley LLP has established a global hearings and inquiries practice to help companies prepare comprehensive strategies as they face increased regulatory scrutiny across multiple jurisdictions, the firm exclusively told Law360 on Tuesday.

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Ex-McDermott, Venable Attys Sued Over Estate's $40M Tax Bill

By Dorothy Atkins

The estate of a successful dentist who died in 2017 sued McDermott Will & Schulte LLP, Venable LLP and two attorneys in California state court Monday, alleging they gave negligent legal advice in planning the dentist's estate causing it to owe the IRS $40 million in taxes and penalties.

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Bipartisan Bill Would Modernize Court Records Systems

By Matt Perez

U.S. Sens. John Kennedy, R-La., and Ron Wyden, D-Ore., on Tuesday jointly introduced the Open Courts Act, which they said would modernize the court records systems PACER and CM/ECF.

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Feature

AI Software Contracts Need Careful Review, Attys Are Warned

By Aaron Keller

Attorneys considering adopting artificial intelligence tools must ensure software contracts comply with data privacy laws, and firms should not be afraid to quiz software sales representatives, including by asking how long the software retains data, representatives from two law firms told Connecticut lawyers Tuesday.

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Analysis

Attys Worried Where ICE Will Draw Line In Asylum Crackdown

By Britain Eakin

Immigration attorneys are bracing for heightened scrutiny after the U.S. Department of Homeland Security said it would crack down on attorneys filing fraudulent asylum claims, expressing fears that the agency could blur the line between fraud and legitimate advocacy.

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DOJ Won't Move Forward With $1.8B Fund, Blanche Confirms

By Courtney Bublé

Acting Attorney General Todd Blanche told lawmakers Tuesday, "we're not moving forward" with the controversial $1.8 billion settlement fund.

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Senate Confirms Montana, Kansas Judges

By Courtney Bublé

The Senate confirmed judges Tuesday for Montana and Kansas, one of whom was the first judicial nominee of the second Trump administration to receive a "not qualified" rating from the American Bar Association.

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Titan Of The Plaintiffs Bar: Arias Sanguinetti's Mike Arias

By Joyce Hanson

When she was team captain with a track and field scholarship at the University of Southern California in the 1990s, Nicole Haynes was in good health and rarely had to see a doctor. So when she got a bad stomachache and her friends encouraged her to visit the USC health center, Haynes said she didn't have the right words to explain why her experience with Dr. George Tyndall had felt so invasive and wrong.

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LAW FIRMS IN TODAY'S NEWS

A&O Shearman

Akerman LLP

Arias Sanguinetti

Arias Sanguinetti Wang & Team, LLP

Ashby & Geddes

Bernstein Litowitz

Cheronis & Parente

Clement & Murphy

Consovoy McCarthy

Cooley LLP

Cotsirilos Poulos

Cravath Swaine

Dechert LLP

Dentons

Desmarais LLP

Dickinson Wright

Fields Kupka

Fine Kaplan

Forman Holt

Fox Rothschild

Friedlander & Gorris

Gould Grieco

Groombridge Wu

Hagens Berman

Haynes Boone

Hinkle Law Firm

Holland & Knight

Hunton Andrews

Irell & Manella

Jones Day

Kaskela Law

Kasowitz LLP

King & Spalding

Kirkland & Ellis

Koskoff Koskoff

Kurzban Kurzban

McDermott Will & Schulte

McKool Smith

Meritz Reddy

Milbank LLP

Morris James

Morris Nichols

NastLaw

Paul Hastings

Paul Weiss

Pillsbury Winthrop

Porter Thomas

Potter Anderson

Richards Layton

Robbins Geller

Robinson & Cole

Robinson Stewart Montgomery

Saul Ewing

Shook Hardy

Skadden Arps

Stalwart Law Group

Stone LLP

Taft Stettinius

Venable LLP

Wachtell Lipton

Watkins Calcara

Willkie Farr

Wilson Sonsini

Windels Marx

Winston Taylor

Young Conaway

COMPANIES IN TODAY'S NEWS

Allergan PLC

American Bar Association

American Civil Liberties Union

American Civil Liberties Union of Massachusetts

American Immigration Council Inc.

Apple Inc.

Ascension Health Inc.

Azurity Pharmaceuticals Inc.

Baretz & Brunelle LLC

Brennan Center for Justice

Burford Capital LLC

Cedars-Sinai Medical Center

Clayton Dubilier & Rice LLC

Consumer Attorneys Association of Los Angeles

Consumer Attorneys of California

CureVac AG

Democratic National Committee

Glock Inc.

Heathrow Airport Holdings Ltd.

Heron Therapeutics Inc.

LinkedIn Corp.

Major Lindsey & Africa LLC

Micron Technology Inc.

National Association for the Advancement of Colored People

National Shooting Sports Foundation Inc.

Netlist Inc.

New Mountain Capital LLC

New York University

Pfizer Inc.

R1 RCM Inc.

Reddit Inc.

Samsung Electronics Co. Ltd.

The Goldman Sachs Group Inc.

Therapeutics Inc.

TowerBrook Capital Partners LP

University of Southern California

Viatris Inc.

Virtu Financial Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Attorney General's Office

Connecticut Attorney General's Office

Delaware Court of Chancery

European Commission

Executive Office for Immigration Review

Federal Judicial Center

Food and Drug Administration

Internal Revenue Service

Library of Congress

New Jersey Attorney General's Office

New Jersey Supreme Court

Patent Trial and Appeal Board

U.S. Attorney's Office for the Northern District of Illinois

U.S. Citizenship and Immigration Services

U.S. Court of Appeals for the Seventh Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. District Court for the Central District of California

U.S. District Court for the District of Delaware

U.S. District Court for the District of Massachusetts

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Eastern District of Virginia

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Northern District of New York

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of Florida

U.S. Government Accountability Office

U.S. Immigration and Customs Enforcement

U.S. Postal Service

U.S. Senate

U.S. Supreme Court

U.S. Tax Court

United States District Court for the District of Montana

United States District Court for the District of Nevada

United States District Court for the District of Utah

West Virginia Attorney General's Office