Kathy Jennings Wins 3rd Term As Delaware Attorney General

By Jarek Rutz and Hilary Russ

Delaware voters gave Democratic Attorney General Kathy Jennings a third consecutive four-year term Tuesday, deciding who will lead an office responsible for prosecuting criminals, protecting consumers and policing corporate misconduct in the nation's leading state for business incorporation.

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Mallinckrodt Loses $9.5M Award, Wins Delay In Airgas Drug

By Adam Lidgett

A Delaware federal judge on Tuesday threw out Mallinckrodt Pharmaceuticals' $9.5 million jury award it won in an infringement case and instead blocked a competitor's inhaled nitric oxide treatment patent until after a pair of Mallinckrodt's patents expire.

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Chancery Ends Icahn Suit Over Illumina's $8B Grail Deal

By Jarek Rutz

The Delaware Chancery Court has approved the dismissal of a lawsuit brought by affiliates of activist investor Carl Icahn against Illumina Inc.'s former directors over the biotechnology company's $8 billion acquisition of Grail Inc., ending the case under a settlement that does not bind other stockholders.

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Mass. Judge Nixes Feds' Bid To Stay Grant Termination Ruling

By Julie Manganis

A Massachusetts federal judge on Tuesday rejected the Trump administration's request to stay her judgment that it cannot terminate already-awarded federal grants based solely on the president's current priorities, and chided the government for intentionally slow-walking the case.

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PE Fund Lost $43M In 'Speculative' Stock Swap, Del. Suit Says

By Jarek Rutz

An investor in a private equity fund has accused its managers in Delaware Chancery Court of secretly exchanging about $43 million in diversified investments for securities in a "speculative" financial company, then failing to sell those holdings before their value plunged 99.98%, leaving investors with virtually nothing.

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Outback Franchisee Can Tap Ch. 11 Loan To Make Payroll

By Vince Sullivan

The country's largest Outback Steakhouse franchisee received approval Tuesday from a Delaware bankruptcy judge to access part of a $5.5 million Chapter 11 loan so that it can meet an upcoming payroll obligation and keep food and liquor flowing to its restaurants over the next few weeks.

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Synagogue Killer's Appeal Argues Limits Of Hate-Crime Law

By Matthew Santoni

A Third Circuit panel examined Tree of Life synagogue shooter Robert Bowers' appeal of his death sentence Tuesday, focusing partly on his assertion that the Thirteenth Amendment didn't authorize a federal hate-crimes law to include protections for religions.

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10 Ways AI Labs Can Limit Antitrust Risks Of Safety Pacts

The OpenAI CEO’s recent call for artificial intelligence laboratories to collectively slow development to allow safety research to catch up invites antitrust scrutiny, but the risks to coordinating competitors can be managed by carefully structuring pacing agreements and layering their approach to compliance, say attorneys at Holland & Knight.

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Approach The Bench: Judge Wilson On Trial By Zoom

By Cara Bayles and Kelley Marcano

Before she became a state court judge in Washington, Judge Coreen Wilson worked as a trial attorney litigating hundreds of cases, including the country's first binding virtual civil jury trial during the early days of the COVID-19 pandemic.

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DOJ Says Trump Adviser Needn't Answer ABA Subpoenas Yet

By Jared Foretek

The U.S. Department of Justice is arguing that Trump attorney Boris Epshteyn shouldn't have to respond to subpoenas from the American Bar Association in its challenge to the Trump administration's campaign against law firms until the presiding judge rules on the administration's preexisting motion to quash them.

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Judge Questions Federal Role In Ed Martin Ethics Case

By Jared Foretek

A D.C. federal judge struggled Tuesday to see how he could preside over a state attorney ethics proceeding if U.S. pardon attorney Ed Martin gets his way and keeps the case in federal court, as the city's ethics board fought to have it sent back to state court.

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Brownstein Hyatt Faces Suit Over Flawed Cannabis Co. Deal

By Rachel Konieczny

A Colorado real estate developer and his company alleged that Brownstein Hyatt Farber Schreck LLP negligently drafted their settlement agreement in a dispute with members of cannabis dispensary chain Native Roots over a sale of the chain's entities, resulting in a roughly $100 million arbitration award against the developer's company.

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Texas Atty Seeks Release In Cyberstalking Case

By Lynn LaRowe

A Texas lawyer who is expected to plead guilty in a cyberstalking case involving BigLaw firm attorneys is asking a federal court to free her, saying circumstances are "materially different" because of mental health treatment she has received while behind bars.

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Adult Daycare Pushes To Revive Suit Against Fox Rothschild

By Rose Krebs

An adult daycare company is asking a New Jersey state court to undo the toss of its suit against Fox Rothschild LLP and one of its attorneys, saying the dismissal was in error because the business had sought more time to respond to a dismissal motion.

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Volunteer Exits Malicious Prosecution Suit Naming DLA Piper

By Craig Clough

A Los Angeles judge on Tuesday tossed a malicious prosecution claim against a former volunteer for Breaking Code Silence on free speech grounds, even as he called the broader case against DLA Piper and the nonprofit "stronger than most."

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Ashurst Perkins ICap Suit Stayed Amid Bankruptcy Fight

By Ben Adlin

A Washington state judge has agreed to freeze a lawsuit accusing law firm Ashurst Perkins Coie of aiding and abetting a nearly $230 million Ponzi scheme, ordering the King County Superior Court litigation be put on hold pending an outcome in a related bankruptcy dispute.

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Roundup

The Top In-House Hires Of October

By Michele Gorman

Legal department hires during the past month included high-profile appointments at Fox, Dell and LinkedIn. Here, Law360 Pulse looks at some of the top in-house announcements from October.

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