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Delaware
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November 20, 2025
UiPath Execs Want Derivative Suit Axed Over Board Demand
The top brass of UiPath have hit back against a derivative suit in Delaware Chancery Court, arguing the plaintiff shareholder did not make a presuit demand on the company's board and that the complaint merely copies claims from a separate federal class action that was dismissed.
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November 20, 2025
New Trial Bid Denied After $57M Coal Emissions IP Verdict
A Delaware federal magistrate judge won't order a new trial after a jury found in 2024 that companies affiliated with CERT Operations owed Midwest Energy Emissions Corp. more than $57 million for infringing patents on technology for refining coal to reduce mercury in emissions from power plants.
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November 20, 2025
X Corp. Ends $90M Fee Suit Against Wachtell
X Corp. has ended its California state lawsuit against Wachtell Lipton Rosen & Katz over $90 million in legal fees tied to the fight over Elon Musk's purchase of Twitter, according to a court filing.
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November 20, 2025
States Back Hockey Players In Antitrust Fight Over Contracts
More than a dozen states have thrown their support behind current and former players in an antitrust lawsuit against the National Hockey League and its pipeline junior organizations, arguing a lower court's dismissal ignores how exclusive recruiting territories reduce competition for labor.
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November 20, 2025
Thomson Reuters Balks At AI Co.'s Fair Use Appeal
Thomson Reuters wants the Third Circuit to back a district court's decision that an artificial intelligence-powered legal search engine's use of Westlaw headnotes did not constitute fair use, saying the AI company "pilfered" copyrightable content to make a competing business.
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November 20, 2025
Chancery Nixes Toss Of West Coast Diner Failure Suit
Three fiduciaries of a now-shuttered Pacific states restaurant chain and its affiliates must face a claim in Delaware that they breached or aided breaches of fiduciary duties to the venture's Oregon-based affiliate, brought by an investor that pumped $18 million into the business, a vice chancellor ruled on Wednesday.
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November 20, 2025
Where Apple And Masimo's Watch Patent Fight Stands Now
The high-octane fight between Apple and Masimo over smartwatch patents escalated again last week, when a California federal jury hit Apple with a $634 million infringement verdict and the U.S. International Trade Commission agreed to assess whether its redesigned products infringe Masimo's patents.
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November 20, 2025
Chancery Says $33M Nikola Deal 'More Than Fair'
Delaware Chancellor Kathaleen St. J. McCormick granted final approval Thursday to a pair of settlements totaling more than $33 million, including more than $1.8 million in fees and expenses, resolving years of shareholder litigation tied to Nikola Corp.'s fraud-shadowed SPAC merger.
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November 20, 2025
Pa. Paper Asks 3rd Circ. To Stay Healthcare Restoration
The Pittsburgh Post-Gazette urged the Third Circuit to pause its obligation to restore workers' union healthcare plan while it challenges a recent ruling that its shift to a company plan violated federal labor law, saying the order threatens to impose costs it can't recover if it wins its challenge.
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November 20, 2025
Del. Court OKs Marriott Role In Sonder Ch. 7 Wind-Down
A Delaware bankruptcy judge has approved Marriott International Inc.'s limited management intervention in a sudden liquidation by former short-term rental partner Sonder Hospitality Holdings, after Marriott cited risks to guests from Sonder's lockdown and Chapter 7 filing.
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November 20, 2025
Ex-Flooring Co. CEO Sues Over $0 Stock Repurchase
The former CEO of a Pennsylvania-based flooring company has filed a lawsuit in the Delaware Chancery Court accusing two acquiring companies of weaponizing a cause termination to justify repurchasing his equity for zero dollars after he pursued an outside career opportunity.
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November 20, 2025
Ex-SDNY Chief Rejects Claim Of Broken FTX Plea Promise
Former interim Manhattan U.S. Attorney Danielle Sassoon told a federal judge Thursday that she never promised crypto lobbyist Michelle Bond any kind of no-prosecute deal as the government negotiated a guilty plea with Bond's husband, former FTX executive Ryan Salame.
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November 19, 2025
Med Co. Sellers Urge Del. Justices To Revive Suit
An attorney for former investors in urgent care provider CityMD urged Delaware's Supreme Court on Wednesday to reverse a lower court's dismissal of claims they were coerced into giving up purported rights to the same consideration a private equity controller received in a 2021 merger.
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November 19, 2025
La. Gets Access To BEAD Funds, 17 Other State Plans Get OK
Louisiana has become the first state to gain access to Broadband Equity, Access and Deployment program funds, according to the National Telecommunications and Information Administration, which said it has also given the green light to 17 other states and territories' final plans.
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November 19, 2025
Pool Co. Directors Hit With Derivative Suit In Del.
Three stockholders of pool equipment company Hayward Holdings Inc. sued the company's directors and officers in Delaware's Court of Chancery late Tuesday, seeking derivative damages based on claims that — after thriving during the pandemic — the company failed to report ballooning customer inventories as insiders traded on bogus, upbeat news.
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November 19, 2025
Pirate-Ship Venture Ruling Tested At Del. Supreme Court
The Delaware Supreme Court pressed attorneys Wednesday on whether a Chancery Court ruling correctly upheld decades-old stock issuances and sidestepped a final determination on a joint-venture agreement at the center of a saga involving the Whydah pirate-treasure venture.
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November 19, 2025
Food-Ingredients Sellers Say Buyer Sabotaged $72M Earnout
A holding company and two members of the family that built its subsidiary food business have accused the company's buyer in the Delaware Chancery Court of deliberately stripping them of promised operational autonomy and sabotaging its performance to avoid paying an earnout of up to $72 million.
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November 19, 2025
Latham DQ'd From Sleep Apnea Device Co.'s Patent Fight
A Delaware federal court has disqualified Latham & Watkins LLP from representing the creator of a sleep apnea implant in its patent dispute after the firm served as counsel to the rival's underwriters, saying the "appearance of impropriety is glaring."
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November 19, 2025
Dallas Stars Ask Bankruptcy Court To Stop Mavericks Suit
The owner of the Dallas Stars hockey team asked a Texas bankruptcy judge to reopen the club's 2011 bankruptcy case to enforce its confirmation order and stop a suit from the NBA's Dallas Mavericks seeking to remove the NHL team from their American Airlines Center arena lease.
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November 18, 2025
TP-Link Accuses Wi-Fi Rival Netgear Of 'Smear Campaign'
TP-Link Systems Inc. has filed suit in Delaware federal court, accusing rival Wi-Fi hardware maker Netgear Inc. of again pushing an "unlawful smear campaign" that falsely casts TP-Link products as infiltrated by the Chinese government, despite agreeing in a recent settlement that it would no longer make disparaging claims about TP-Link's business.
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November 18, 2025
J&J Unit Fights $12M Verdict While Rival Wants More Money
A Delaware federal jury was wrong when it determined that Johnson & Johnson subsidiary DePuy Synthes should pay RSB Spine $12 million for infringing spinal fusion patents under the doctrine of equivalents, DePuy said Monday.
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November 18, 2025
JPMorgan Seeks Fast-Track End To Javice's Fee Advancement
JPMorgan Chase & Co. asked the Delaware Chancery Court on Monday to cut off any more legal fee advancements to Charlie Javice, the convicted founder of college financial aid startup Frank, saying her demands for fees to appeal her criminal conviction "exceed any semblance of reasonableness."
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November 18, 2025
Delaware Chancery Atty Fee Awards Under Fire In New Report
Attorney fees in Delaware's Court of Chancery lack "consistent benchmarks" and, for big awards, may fail to reflect "risk or performance," according to a report Tuesday that potentially ratchets up pressure on state lawmakers wary of jeopardizing Delaware's standing as the national hub for corporate law disputes.
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November 18, 2025
Lugano Diamonds' $12M Ch. 11 Financing Gets Interim OK
Luxury jewelry house Lugano Diamonds & Jewelry Inc. can access up to $1.5 million in Chapter 11 financing from its majority owner as it pursues a buyer during the holiday shopping season.
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November 18, 2025
1st Circ. May Nix Trump Funding Freeze In 'Weird' Case
The First Circuit on Tuesday hinted that a federal judge may have been in bounds when blocking the Trump administration from withholding certain funds for states, expressing skepticism that the judge's order was improper or overly broad.
Expert Analysis
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Series
Painting Makes Me A Better Lawyer
Painting trains me to see both the fine detail and the whole composition at once, enabling me to identify friction points while keeping sight of a client's bigger vision, but the most significant lesson I've brought to my legal work has been the value of originality, says Jana Gouchev at Gouchev Law.
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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.