Chancery Tags AstraZeneca Unit For $180M 'Expectation' Loss

By Jeff Montgomery

Rejecting calls for a $755 million award, a Delaware vice chancellor ruled late Wednesday that a biopharmaceutical company's shareholders are due $180.9 million in post-merger "expectation damages" plus interest after an AstraZeneca PLC unit's failure to reasonably pursue an acquired drug prospect.

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Inovalon Investors' Revived Chancery Suit Moves Forward

By Katryna Perera

A Delaware chancellor sent into discovery investors' claim that Inovalon didn't properly disclose that a consortium of private equity firms that bought the healthcare data company paid $400 million in fees to its financial adviser before the transaction, dismissing some claims but finding it is "reasonably conceivable" that the suit's defendants acted in bad faith.

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Analysis

These Firms Are Landing The Most PTAB Work

By Theresa Schliep

Intellectual property powerhouse Fish & Richardson again secured the top spot on a list of firms appearing in the most trials over the past three years in front of the Patent Trial and Appeal Board.

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Judiciary Committee Clears Squires For Full Senate Vote

By Dani Kass

The U.S. Senate Judiciary Committee approved former Goldman Sachs intellectual property attorney John Squires to serve as U.S. Patent and Trademark Office director on Thursday, putting his nomination in the hands of the full Senate.

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Calif. Sues Trump Over 'Wildly Partisan' EV Waiver Repeal

By Dorothy Atkins

The California attorney general and 10 other states sued the Trump administration in federal court Thursday, minutes after President Donald Trump signed resolutions repealing California's Clean Air Act waiver that allowed the state to establish its own vehicle emissions standards, slamming the resolutions as unconstitutional, irrational and "wildly partisan."

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Fla. Doc Sues In Del. Alleging Multistate Group Conspiracy

By Jeff Montgomery

A Florida doctor and emergency room companies serving departments in Texas, Florida and Oklahoma have sued multiple entities in Delaware's Court of Chancery allegedly involved in an elaborate private equity-tied scheme to duck bans on the corporate practice of medicine.

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3rd Circ. Will Reconsider Shipbuilder's Ch. 11 Reopening Bid

By Matthew Santoni

The Third Circuit said Thursday that it will reconsider whether to reopen Congoleum Corp.'s 2003 Chapter 11 bankruptcy so the bankruptcy court, not a district court, can say whether Congoleum affiliate Bath Iron Works should share liability for cleaning up a polluted New Jersey river.

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Brief

Deal Ends Freedom Mortgage's Appeal Of $23M Verdict

By George Woolston

Freedom Mortgage and a Virginia mortgage subservicer have reached a deal to resolve the mortgage company's appeal of a $23 million verdict over a subservicing agreement gone wrong, according to a Thursday filing in the Third Circuit.

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Cos. Considering DExit Should Assess D&O Insurance Effects

As companies consider incorporating in less-regulated states than Delaware, they shouldn't neglect to balance the long-term insurance implications against the short-term benefits of lower taxes and a more permissive legal regime, say attorneys at Pillsbury.

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Attacks On Judicial Independence Tend To Manifest In 3 Ways

Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.

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Mass. Judge, On Stand, Denies Helping Immigrant Evade ICE

By Julie Manganis

A Massachusetts judge accused of approving a plan to let a man elude immigration officers by letting him leave the court through a back door seven years ago testified Thursday that was not her intent when she granted a request to let him speak with an attorney in a courthouse lockup.

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Trump's Deployment Of National Guard Illegal, Judge Says

By Bonnie Eslinger

A California federal judge on Thursday granted California's request for a temporary restraining order blocking President Donald Trump's order sending the National Guard into Los Angeles, calling the president's actions "illegal" and unconstitutional, but the decision was quickly paused by the Ninth Circuit.

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Google Fights MDL Plaintiffs' Sanctions Bid Over Lost Chats

By Emily Sawicki

Google is pushing back on a request for sanctions that a slew of advertisers and publishers have brought in their antitrust lawsuit over the company's advertising placement technology, saying the plaintiffs have not shown Google hid evidence amid the "mountains" of electronically stored information it provided.

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Approach The Bench: Judge Proctor On Civility, Civil Rules

By Cara Bayles and Steven Trader

R. David Proctor, chief judge of the Northern District of Alabama, is a leader within the federal judiciary. He's both assigned and presided over multidistrict litigation. He may write a nationwide rule governing third-party litigation funding. And he's gained internet fame for ordering two attorneys to eat lunch together.

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Avenatti Sheds 3 Years After 9th Circ. Orders Resentencing

By Gina Kim

A California federal judge on Thursday resentenced disbarred attorney Michael Avenatti to just over 11 years in federal prison for filching millions of dollars from his clients' settlement funds, reducing a 14-year sentence overturned by the Ninth Circuit and leaving Avenatti with about eight years left after time served.

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DOJ Picks Proceed Despite Worry Over Honoring Court Orders

By Courtney Bublé

Two nominations for top positions in the U.S. Department of Justice were voted out of committee on party lines on Thursday.

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Interview

Ex-Interior Secretary Salazar On 'Coming Home' To WilmerHale

By Aebra Coe

Former U.S. Sen. Ken Salazar of Colorado, who served as secretary of the U.S. Department of the Interior during the Obama administration and most recently as ambassador to Mexico during the Biden administration, returned this month to WilmerHale's Denver office, which he founded in 2014.

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Justices Say Habeas Claims Can't Be Added After Judgment

By Marco Poggio

The U.S. Supreme Court on Thursday ruled that a prisoner may not add new claims to a habeas corpus petition once a final judgment is issued, cementing strict limits on repeat habeas filings prescribed by federal law.

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Justices Limit FTCA Defense In FBI Raid Case

By Chart Riggall

The U.S. Supreme Court on Thursday held that the Constitution's supremacy clause cannot shield the federal government from Federal Tort Claims Act suits, in the process reviving a Georgia woman's claim over an FBI raid aimed at a gang member but mistakenly carried out at her home.

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Analysis

Rising PTAB Filings Follow Surge In Patent Cases

By Theresa Schliep

The number of petitions filed with the Patent Trial and Appeal Board ticked up last year, following a similar increase in federal court litigation and suggesting that activity at the board has somewhat stabilized, according to a new report.

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Weinstein Sex Abuse Trial Ends After Mixed, Partial Verdict

By Pete Brush

Harvey Weinstein's sexual abuse retrial ended Thursday with a Manhattan jury failing to reach a verdict on a count alleging the movie mogul raped an actress, one day after he was convicted of forcing sex on a production assistant and cleared on a third charge.

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