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Delaware
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September 03, 2025
Del. Justices Mull Sports Media Co. Investors' Doc Appeal
An attorney for sports streaming platform FloSports Inc. told a Delaware Supreme Court panel on Wednesday that three company stockholders put themselves in a "self-inflicted" predicament by pursuing revised, but unsupported, demands for company documents that were ultimately dismissed by the state's chancellor.
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September 03, 2025
Wash. Court Pressed To Immediately End EV Funding Freeze
Clean energy advocates have urged a Washington federal judge to wipe out the Trump administration's decision to freeze funding for new electric-vehicle charging infrastructure, saying the government can't be allowed to drag its feet on a pledge to restore funding.
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September 03, 2025
Tech, Small Biz Groups Push Against Value-Based Patent Fees
An array of groups representing tech companies, small businesses and more wrote a letter to the leaders of the House and Senate Judiciary Committees, urging them to oppose the Trump administration's reported plan to charge patent owners a new fee based on the value of their patents.
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September 03, 2025
Pick For Del.'s 3rd Circ. Seat Questioned On Ties To The State
Jennifer L. Mascott, nominee for a Delaware seat on the Third Circuit who is currently serving in the White House Counsel's Office, came under questioning from Democrats on Wednesday regarding her lack of connections to the state and her qualifications for the judgeship.
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September 03, 2025
Delaware Powerhouse: Potter Anderson
Potter Anderson has had a busy year between defending Mark Zuckerberg and Meta in Chancery Court cases, handling intellectual property cases for Apple, Google and IBM, representing Walmart in opioid, talc and Roundup bankruptcy cases and guiding Global Infrastructure Partners in its $12.5 billion sale to Black Rock.
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September 02, 2025
Fed. Circ. Told PTAB Ineligibility Rule Flouts Due Process
Marketing software company HighLevel Inc. has urged the Federal Circuit to prohibit the Patent Trial and Appeal Board from retroactively applying a decision barring patent reviews after a district court has found the patent invalid on eligibility grounds, saying the practice violates due process.
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September 02, 2025
Defamation Litigation Roundup: Patel's GF, Dershowitz, Nunes
In this month's review of defamation fights, Law360 reports on a new suit by the girlfriend of the current FBI director over a podcaster's claims that she was an Israeli intelligence agent, as well as the latest settlement between a voting machine company and a conservative news organization over 2020 election claims.
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September 02, 2025
DOJ Says Illinois Tuition Perks Illegally Disfavor US Citizens
Illinois is breaking federal law by providing in-state tuition, scholarships and other benefits to people who entered the country illegally and in doing so is discriminating against American citizens, the U.S. Department of Justice said Tuesday.
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September 02, 2025
Del. Jury Awards $1.5M In Text Marketing Patent Trial
A Delaware federal jury has awarded $1.5 million for patent infringement in a case between two companies that offer short message service marketing systems and that each alleged infringement of the other's intellectual property.
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September 02, 2025
Del. Court Tosses Trump Media Suit, Avoids Immunity Fight
Citing multiple reasons to dismiss former consultant claims that they were cheated during the take-public workup for President Donald Trump's "Truth Social" media site, a Delaware vice chancellor on Tuesday tossed the suit while declining to consider assertions that presidential immunity barred the court from going forward.
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September 02, 2025
Jury Clears Exela In Blood Pressure Drug Patent Suit
A Delaware federal jury has cleared Exela Pharma Sciences in a suit claiming that its injection used to treat low blood pressure during anesthesia infringed patents owned by Nexus Pharmaceuticals.
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September 02, 2025
3rd Circ. Probes Jurisdiction In Dispute Over NJ US Atty
The Third Circuit on Tuesday ordered defendants and the federal government to make a case for the appeals court's jurisdiction over a district court's ruling disqualifying acting U.S. Attorney Alina Habba from overseeing two cases, saying the court "ordinarily lacks jurisdiction" over pretrial orders in criminal cases.
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September 02, 2025
3rd Circ. Wants NJ Justices' Input On Judicial Privacy Law
The Third Circuit on Tuesday asked the New Jersey Supreme Court to address whether the state's judicial privacy law requires a mental state for purported infractions, a question that could prove crucial for data brokers facing dozens of lawsuits over their alleged violations of the statute.
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September 02, 2025
Gilead Rival Agrees Not To Sell Generic HIV Drug For Now
A Gilead Sciences Inc. competitor has agreed not to sell a generic version of Gilead's human immunodeficiency virus treatment Biktarvy until a trio of patents expire, according to a proposal by the parties to end infringement allegations.
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September 02, 2025
Delaware Powerhouse: Bernstein Litowitz
Bernstein Litowitz Berger & Grossmann LLP had another banner year representing shareholders in high-profile cases in Delaware's courts, including securing blockbuster settlements of more than $100 million in litigation with Santander Consumer USA Holdings Inc., Discovery Inc. and Walmart Inc., landing the firm on Law360's 2025 list of Delaware Powerhouses.
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September 02, 2025
Post-Ch. 11 Teligent 'Caremark' Suit Moves Forward In Del.
In a rare decision, Delaware's chancellor on Tuesday kept alive "Caremark" duty of oversight claims against most former officers and directors of a generic-drug maker previously known as Teligent.
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September 02, 2025
'Never My Intention' To Defy Justices, Judge In NIH Case Says
A veteran Massachusetts jurist on Tuesday responded to suggestions by two U.S. Supreme Court justices that he had defied the high court by going ahead with a bench trial on two challenges to the Trump administration's cuts to National Institutes of Health research grants, saying he would never intentionally disregard precedent.
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August 29, 2025
The 2025 Regional Powerhouses
Law360's annual list of regional powerhouses reflects not only the work of exemplary firms, but also emerging legal trends in each state, from matters involving Colorado's growing life sciences industry, to an uptick in bankruptcies in Delaware, to the continued flurry of intellectual property litigation in California.
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August 29, 2025
Real Estate Recap: School Housing, Texas Land, Miami Transit
Momentum in the student housing sector, limits to foreign ownership of Texas land and incentives in Miami transit zones were among the key developments covered this week in Law360 Real Estate Authority.
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August 29, 2025
NJ Casinos Say 9th Circ. Ruling Backs Axing Price-Fixing Suit
A group of Atlantic City casino-hotel owners have asked the Third Circuit to review a recent decision in the Ninth Circuit involving "nearly identical" antitrust claims related to the same software the defendants in both suits used to allegedly orchestrate inflated room rates across a given area.
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August 29, 2025
Del. Gun Ownership Age Limit Deemed Unconstitutional
A Delaware Superior Court judge on Friday ruled unconstitutional a state law prohibiting 18- to 20-year-olds from buying firearms or using them without the supervision of someone 21 or older, citing in part infringement of the "quintessential" right to self-defense under the state's constitution.
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August 29, 2025
Chancery Unwinds Wireless Co. Founder's Ouster
The Delaware Court of Chancery ruled Friday that an executive's January removal from the board of kids phone company Gabb Wireless was invalid, saying the stockholder vote to strip Stephen Dalby from his position was orchestrated by obscuring that the company's early investors were behind the ouster.
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August 29, 2025
3rd Circ. Backs Walmart In Opioid Securities Disclosure Suit
A proposed class action by Walmart investors claiming the company misled them by failing to disclose a federal opioid investigation was rejected Friday by the Third Circuit, which held the retailer's U.S. Securities and Exchange Commission filings were not false or misleading.
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August 29, 2025
Del. Justices Say Mattel Sleeper Suit Not Ripe For Review
The Delaware Supreme Court has declined to step in and review a pretrial order in an insurance dispute in which Mattel Inc. and Fisher-Price Inc. seek coverage of settlements in suits over infant injuries, saying a review at this time would not terminate the case, and that there's no reason not to wait for it to be resolved at the trial court.
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August 29, 2025
Quinn Emanuel, Nano Dimension Debate $30M Fee Spat Venue
Quinn Emanuel Urquhart & Sullivan LLP has urged a Massachusetts federal court to send a dispute over $30 million in legal fees allegedly owed by former client Desktop Metal back to state court to hash out claims with its parent company Nano Dimension, while Nano says the dispute belongs in Texas bankruptcy court.
Expert Analysis
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Del. Dispatch: Open Issues After Corp. Law Amendments
Recent amendments to the Delaware General Corporation Law represent a significant change in the future structuring of boards and how the First State will approach conflicted transactions, but Delaware courts may interpret the amendments narrowly, limiting their impact, say attorneys at Fried Frank.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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What Del. Supreme Court LKQ Decision Means For M&A Deals
The Delaware Supreme Court's recent decision in LKQ v. Rutledge greatly increases the enforceability of forfeiture-for-competition provisions, representing an important affirmation of earlier precedent and making it likely that such agreements will become more common in M&A transactions, say attorneys at Mayer Brown.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Notable Q1 Updates In Insurance Class Actions
The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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How Courts Weigh Section 1782 Discovery For UPC Cases
A look at cases from six different federal district courts reveals a number of discretionary factors that influence how courts consider Section 1782 discovery applications in connection with Unified Patent Court proceedings, say attorneys at Finnegan.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.