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Delaware
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October 06, 2025
Gilead Gets HIV Generic Drugs Barred From Market Until 2036
Gilead Sciences Inc. said Monday it is keeping generic forms of its HIV treatment Biktarvy off of the market until 2036 following a series of settlements with competitors.
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October 06, 2025
Suit Aims To 'Claw Back' Kalshi's Ga. Predictions Proceeds
Kalshi Inc. and Robinhood are among a slew of defendants who have been sued in Georgia over allegations that the companies' so-called prediction markets are sidestepping the Peach State's ban on gambling, adding to a growing roster of litigation stemming from the companies' business practices.
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October 06, 2025
Law Profs Say CareDx False Ad Verdict Should Stand
Two law professors have urged the Third Circuit to grant medical testing company CareDx's request for another chance to argue why its $45 million false advertising verdict against a rival should be reinstated, saying a ruling nixing the verdict will disallow juries from using circumstantial evidence and encourage false advertisers to "try their luck."
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October 06, 2025
Bernstein, Robbins Geller Vie For Top Co-Counsel In Deal Row
Bernstein Litowitz Berger & Grossmann LLP and Robbins Geller Rudman & Dowd LLP are vying to be co-lead counsel in a Delaware Chancery Court class action over the $14.30-per-share, $8.9 billion buyout of a healthcare management company, arguing its clients have a stronger case than others.
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October 06, 2025
3rd Circ. Rejects Novo Nordisk's Medicare Pricing Challenge
The Third Circuit on Monday shot down another challenge to the Medicare drug price negotiation program, denying claims by pharmaceutical giant Novo Nordisk that Congress illegally delegated too much authority to the executive branch.
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October 06, 2025
Catching Up With Delaware's Chancery Court
Last week, the owner of the Kentucky Derby was hit with a suit accusing it of withholding escrow funds for environmental compliance violations owed under a 2022 deal with hospitality company Enchantment Holdings LLC.
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October 06, 2025
Health Data Co. Accused Of Post-Deal Doc Deletions
A post-acquisition representative for Caravan Health Inc. shareholders has asked Delaware's Court of Chancery to approve a forensic examination of records held by acquirer Signify Inc. after Signify was said to have acknowledged post-closing erasures of some Caravan employee records.
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October 06, 2025
High Court Skips Review Of ERISA Liability For DuPont Heirs
The U.S. Supreme Court has declined to consider whether DuPont heirs should be held liable for alleged Employee Retirement Income Security Act violations for inadequately funding a now-insolvent trust established in 1947 by their grandmother to pay them and their workers retirement benefits.
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October 06, 2025
Justices Skip Pa. GOP Challenge To Biden's Voting Order
The U.S. Supreme Court on Monday declined to take on Pennsylvania GOP lawmakers' challenge to former President Joe Biden's executive order expanding "get-out-the-vote" information, letting stand a ruling that the Republican politicians did not have standing to sue over the order.
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October 06, 2025
High Court Turns Down 6 Patent Cases At Start Of Term
The U.S. Supreme Court on Monday rejected six petitions in patent-related cases, taking some of its first actions on intellectual property matters this term.
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October 06, 2025
Justices Decline Case Over Scope Of Forced Arbitration Ban
The U.S. Supreme Court declined Monday to wade into a former employee's legal battle with CVS despite the worker's claim that the justices need to clarify key terms in a 3-year-old federal law banning mandatory arbitration of employment-related sex harassment claims.
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October 03, 2025
Up First At High Court: Election Laws & Conversion Therapy
The U.S. Supreme Court will hear oral arguments in six cases during the first week of its October 2025 term, including in disputes over federal candidates' ability to challenge state election laws, Colorado's ban on conversion therapy, and the ability of a landlord to sue the U.S. Postal Service for allegedly refusing to deliver mail.
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October 03, 2025
1st Circ. Keeps Block On Trump's Birthright Citizenship Order
The First Circuit on Friday upheld blocks on President Donald Trump's executive order aiming to limit birthright citizenship, ruling in a sweeping 100-page opinion that the president's order is likely unconstitutional.
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October 03, 2025
Lost Mail No Excuse, 3rd Circ. Rules When Ending Suit
A woman's slip-and-fall lawsuit against the U.S. Postal Service was properly ended as untimely, the Third Circuit ruled on Friday, rejecting arguments that the carrier failed to deliver a critical notice to the plaintiff's attorney, causing the suit to be filed late, and ruling that the government's only responsibility was to mail the letter.
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October 03, 2025
4 Top Supreme Court Cases To Watch This Term
After a busy summer of emergency rulings, the U.S. Supreme Court will kick off its October 2025 term Monday with only a few big-ticket cases on its docket — over presidential authorities, transgender athletes and election law — in what might be a strategically slow start to a potentially momentous term. Here, Law360 looks at four of the most important cases on the court's docket so far.
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October 03, 2025
Kentucky Derby Owner Churchill Downs Sued In Escrow Fight
Churchill Downs Inc., the owner of the Kentucky Derby, has been sued in Delaware Chancery Court for allegedly withholding escrow funds for environmental compliance violations owed under a 2022 deal with hospitality company Enchantment Holdings LLC.
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October 03, 2025
Del. Justices Uphold Toss Of Ad Co. Note Conversion Claim
With little discussion, a Delaware Supreme Court panel on Friday affirmed on appeal a Court of Chancery decision that advertising tech company Vistar Media Inc. had a right to cash out millions' worth of matured investor notes over noteholder objections.
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October 03, 2025
Split 3rd Circ. Backs Fiat Chrysler In Deceptive Sticker Claims
A split Third Circuit panel upheld the dismissal of a class action alleging that Fiat Chrysler put deceptive price stickers on its vehicles to hide the fact that it "injected profit" into the cost, with the court holding that car buyers weren't actually harmed.
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October 03, 2025
Weapons Check Co. Insiders Sued In Del. After System Failure
A stockholder of weapons screening developer Evolv Inc. has sued 20 current and former company directors and officers in Delaware's Court of Chancery, in a five-count derivative suit seeking damages linked to reports that Evolv systems fell short in catching threats.
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October 03, 2025
The Roberts Court At 20: How The Chief Is Reshaping America
Twenty years after John Roberts became the 17th chief justice of the United States, he faces a U.S. Supreme Court term that's looking transformative for the country and its institutions. How Justice Roberts and his colleagues navigate mounting distrust in the judiciary and set the boundaries of presidential authority appear increasingly likely to define his time leading the court.
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October 02, 2025
DHS Blocked From Pulling $233M In Funds From States
A Rhode Island federal judge has temporarily blocked the Trump administration from reallocating $233 million in federal funds away from a coalition of Democratic-led states, the same day an appropriation for the funds was set to expire.
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October 02, 2025
Veteran Services Co. Must Face Chancery Self-Dealing Claims
A Delaware Chancery judge refused to dismiss fiduciary duty claims against a veterans services company's top executives, ruling that a shareholder who sued over the company's 2023 merger into a limited liability company adequately alleged that it may have been structured to shield its leaders from accountability.
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October 02, 2025
Del. Chancellor Advances Pruned $75B Activision Merger Suit
Delaware's chancellor kept in play late Thursday much of an Activision Blizzard stockholder suit challenging the company's $75.4 billion merger with Microsoft, rejecting multiple dismissal motions, approving others and writing that a "slimmed-down" version of the complaint can go forward — adding, "Game on."
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October 02, 2025
Bain Inside Trade Claims Advance In Del. Cerevel Sale Suit
Delaware's Court of Chancery on Thursday kept alive a pension funds suit alleging that private equity firm Bain Capital Investors LLC and others traded on inside information in the run-up to a secondary sale ahead of biopharmaceutical venture Cerevel Therapeutics Holdings Inc.'s $8.7 billion acquisition by AbbVie.
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October 02, 2025
LinkedIn Sues Over Alleged 'Industrial-Scale' Data Scraping
LinkedIn Corp. sued ProAPIs, Netswift and its co-founder Rehmat Alam in California federal court Thursday, alleging the software-makers operate "industrial-scale" data scraping mills that violate LinkedIn's terms and numerous other laws by continuously creating fake accounts to extract LinkedIn's member data, which they then sell without permission.
Editor's Picks
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DocuSign's Bad Conduct Warrants Fee Shift, Ex-CEO Says
DocuSign's ex-CEO wants the Delaware Chancery Court to order the e-signature company to pay at least $709,000 for legal fees he has incurred in litigation alleging the company tried to "bully" him into resigning from its board and made false filings saying he resigned as a director.
Expert Analysis
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Protecting Sensitive Court Filings After Recent Cyber Breach
In the wake of a recent cyberattack on federal courts' Case Management/Electronic Case Files system, civil litigants should consider seeking enhanced protections for sensitive materials filed under seal to mitigate the risk of unauthorized exposure, say attorneys at Redgrave.
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Series
Judging Figure Skating Makes Me A Better Lawyer
Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.
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$100K H-1B Fee May Disrupt Rural Healthcare Needs
The Trump administration's newly imposed $100,000 supplemental fee on new H-1B petitions may disproportionately affect healthcare employers' ability to recruit international medical graduates, and the fee's national interest exceptions will not adequately solve ensuing problems for healthcare employers or medically underserved areas, say attorneys at Holland & Knight.
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What Ethics Rules Say On Atty Discipline For Online Speech
Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.
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Junior Attys Must Beware Of 5 Common Legal Brief Mistakes
Excerpt from Practical Guidance
Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.
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3rd Circ. Clarifies Ch. 11 3rd-Party Liability Scope Post-Purdue
A recent Third Circuit decision that tort claims against the purchaser of a debtor's business belong to the debtor's bankruptcy estate reinvigorates the use of Chapter 11 for the resolution of nondebtor liability in mass tort bankruptcies following last year's U.S. Supreme Court ruling in Purdue Pharma, say attorneys at Sullivan & Cromwell.
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Series
Power To The Paralegals: How And Why Training Must Evolve
Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.
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Series
Playing Softball Makes Me A Better Lawyer
My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.
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And Now A Word From The Panel: Choosing MDL Venues
One of the most interesting yet least predictable facets of the Judicial Panel on Multidistrict Litigation's practice is venue — namely where the panel decides to place a new MDL proceeding — and its choices reflect the tension between neutrality and case-specific factors, says Alan Rothman at Sidley.
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Series
Law School's Missed Lessons: Mastering Time Management
Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.
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Courts Keep Upping Standing Ante In ERISA Healthcare Suits
As Article III standing becomes increasingly important in litigation brought by employer-sponsored health plan members under the Employee Retirement Income Security Act, several recent cases suggest that courts are taking a more scrutinizing approach to the standing inquiry in both class actions and individual matters, say attorneys at Crowell & Moring.
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Rare Del. Oversight Ruling Sends Governance Wake-Up Call
An unusual ruling from the Delaware Court of Chancery recently allowed Caremark oversight claims to proceed against former executives of a company previously known as Teligent, sending a clear reminder that boards and officers must actively monitor and document oversight efforts when addressing mission-critical risks, say attorneys at WilmerHale.
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How Hyperlinks Are Changing E-Discovery Responsibilities
A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.
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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.