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Delaware
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November 05, 2025
Del. Justices Weigh Noncompete After Equity Forfeiture
The Delaware Supreme Court Wednesday probed whether a fire and life-safety services company's restrictive covenants tied to incentive equity remain enforceable after its fired executive no longer holds that equity, considering if retracting the inducements extinguished post-employment obligations.
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November 05, 2025
Del. Justices Hear Early Challenge To Corp. Law Amendments
Delaware's corporate litigation elites squared off before the state's Supreme Court on Wednesday over arguments that state lawmakers either righted — or subverted — the Court of Chancery's equity powers in amending the state's General Corporation Law earlier this year.
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November 05, 2025
Biosciences Co. Didn't Infringe Cell Analysis IP, Judge Says
A Delaware federal judge has found Scale Biosciences Inc. did not flout patents held by Parse Biosciences Inc. with its cell analysis products, saying the processes described in the patent claims and the accused products do not give rise to a genuine fact dispute.
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November 05, 2025
Home Remodel Group Renovo Files Ch. 7 With $100M+ Debt
Renovo Home Partners, a company that rolled up home improvement businesses while backed by private equity, has filed for Chapter 7 in Delaware bankruptcy court, declaring up to $500 million in debt across almost 20 affiliates.
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November 04, 2025
German Co. Denies SiriusXM Was 'Lulled' Into Infringing IP
An attorney for applied research venture Fraunhofer-Gesellschaft told a Delaware federal judge Tuesday that SiriusXM has failed to show it was lulled by the German patent-holder into continuing alleged infringements of satellite radio technology when the original licensee retreated into bankruptcy.
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November 04, 2025
States Want Say In Privacy Suit Over Cell Number Listings
Attorneys general from more than a dozen states have asked to pitch their two cents in to a suit brought earlier this year against Zoominfo that accused the data broker of illegally posting people's phone numbers in violation of Colorado law.
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November 04, 2025
Chem Cos. Urge 3rd Circ. To Scrap ERISA Ruling Over Spinoff
Chemical companies Corteva Inc. and DuPont urged the Third Circuit Tuesday to upend a verdict in favor of employees who claimed they were misled about how a merger and spinoff would affect their retirement benefits, arguing plan participants' confusion and disappointment can't be remedied under federal benefits law.
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November 04, 2025
Covington, Reed Smith Sue Vyaire Over Lost Fees
Covington & Burling LLP and Reed Smith LLP have brought an adversary lawsuit against onetime ventilator maker Vyaire Medical and its Chapter 11 plan administrator in Delaware bankruptcy court, alleging the company has failed to pay the law firms after it settled a dispute over product recall insurance coverage.
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November 04, 2025
3rd Circ. Won't Rethink Reversing Union's $3.5M Pension Win
The Third Circuit on Tuesday refused to rethink its earlier decision to reverse a $3.5 million win for a pipe fitters and plumbers union in a dispute with a commercial real estate company over pension contributions related to overtime hours.
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November 04, 2025
Bowling Bistro Biz Pinstripes Seeks Ch. 7 Conversion
Illinois-based bowling-and-bistro operator Pinstripes has asked the Delaware bankruptcy court to convert its chapter 11 proceedings to a Chapter 7 liquidation, saying the move will allow a trustee to complete the wind-down process after the sale of its assets and the exhaustion of its financing.
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November 04, 2025
Novo Nordisk Boosts Metsera Bid To $10B After Pfizer Suit
Metsera Inc. said Tuesday its board has determined that a sweetened offer from Novo Nordisk is a superior proposal to its existing merger agreement with Pfizer Inc., as the pharmaceutical takeover battle continues amid revised bids and a pending lawsuit.
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November 04, 2025
Pfizer Can't Freeze $9B Weight-Loss Drug Fight For Now
A Delaware vice chancellor on Tuesday declined for the moment Pfizer Inc.'s emergency request to put Novo Nordisk's $9 billion bid for Metsera Inc. on hold, saying the time isn't yet at hand for the court's intervention in a fight for control of the developer of GLP-1 weight-loss drugs.
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November 04, 2025
2nd Circ. Hints Bankman-Fried's $11B Forfeiture Is Overkill
The Second Circuit suggested Tuesday that the government's $11 billion forfeiture order against Sam Bankman-Fried may be unconstitutionally large, noting that the staggering amount tops the raft of cases tasking the court with determining if such money judgments pass Eighth Amendment muster.
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November 03, 2025
'Frankly, They're Irrelevant:' ABA Ratings In Trump's 2nd Term
The American Bar Association, long considered the gold standard for rating judicial nominees, no longer gets to interview them as Trump officials claim the group's "not qualified" rating for some nominees during Trump's first term shows it is a biased and "leftist" organization. Ironically though, ABA ratings for President Donald Trump's second-term picks are mostly positive so far.
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November 03, 2025
Squires Ends PTAB Challenge Over Claim Construction Flip
U.S. Patent and Trademark Office Director John Squires vacated a Patent Trial and Appeal Board decision to take on a challenge to a Cerebrum Sensor Technologies Inc. tire sensor patent, faulting the patent challenger's diverging approaches to claim construction in a precedential decision released Monday.
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November 03, 2025
FTX Trust Fights To Claw Back $650K Charity Donation
FTX Recovery Trust has urged a Delaware bankruptcy judge to reject an FTX angel investor's bid to block the trust from clawing back a $650,000 charitable donation, saying a related sanctions motion by the investor is a litigation tactic to deter the trust from pursuing its claims over the donation.
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November 03, 2025
3rd Circ. Says FBI, US Attorneys Fumbled FOIA Requests
The Third Circuit partially revived a Freedom of Information Act lawsuit lodged by a man convicted of mortgage fraud on Monday, agreeing that the Federal Bureau of Investigation and the Executive Office for United States Attorneys lacked justification for failing to give him certain information he asked for.
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November 03, 2025
3rd Circ. Weighs Arbitration Of Union Withdrawal Liability Suit
The Third Circuit on Monday seemed inclined to reopen a dispute between two companies and a union over an $800,000 pension withdrawal bill, with judges questioning whether the parties must first arbitrate disputes about the timeliness of liability notices from the union.
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November 03, 2025
Diamondhead Trustee Gets OK For Jan. Real Estate Sale
A Delaware bankruptcy judge on Monday gave the trustee overseeing the Chapter 7 of casino developer Diamondhead Casino Corp. the go-ahead to put the vacant proposed casino site on the auction block in January.
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November 03, 2025
Chancery Considers Reviewing Icahn's Illumina Settlement
A Delaware Chancery Court hearing on resolving class and derivative claims over Illumina fiduciary data breaches connected to the company's $8 billion acquisition of Grail Inc. was sidelined Monday by questions over a private settlement.
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November 03, 2025
Pfizer Hits Novo Nordisk In Fed. Court Over $9B Metsera Deal
Pfizer Inc. moved its merger battle with Novo Nordisk into Delaware federal court Monday, accusing the Danish drugmaker of orchestrating an unfair deal to put a "stranglehold" on the fast-growing American GLP-1 weight-loss drug market.
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November 03, 2025
New Loan Forgiveness Rule Targets Trump Critics, States Say
Two lawsuits filed Monday, one by a coalition of states and the other by a group of cities, unions and advocacy organizations, are challenging a new Trump administration rule imposing "intentionally vague" and allegedly illegal restrictions on student loan forgiveness for public employees intended to stifle dissent.
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November 03, 2025
Bernstein Litowitz, Robbins Geller To Lead $8.9B Class Action
The Delaware Chancery Court has tapped Bernstein Litowitz Berger & Grossmann LLP and Robbins Geller Rudman & Dowd LLP to lead stockholder litigation over an $8.9 billion take-private deal, citing the firms' alignment with institutional investors holding the largest stake.
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November 03, 2025
Catching Up With Delaware's Chancery Court
From billion-dollar pharma feuds to shifting equity deadlines, Delaware's courts saw another week of battles over mergers, fiduciary duty and judicial limits.
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November 03, 2025
RV Refrigerator Seller Norcold Hits Ch. 11 With $300M+ Debt
Norcold LLC, a company that sells refrigerators for recreational vehicles, filed for Chapter 11 protection in Delaware bankruptcy court Monday with more than $300 million in debt and a plan to sell its business to RV components distributor Dave Carter & Associates.
Expert Analysis
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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.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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2 Del. Rulings Reinforce Proof Needed For Records Demands
Two recent Delaware Court of Chancery decisions involving Amazon and Paramount Global illustrate the significance of the credible basis standard on books and records requests, underscoring that stockholders seeking to investigate wrongdoing must come forward with actual evidence of misconduct — not mere allegations, say attorneys at Cleary.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.