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Delaware
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September 05, 2025
Real Estate Recap: Investor Power Plays
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including what attorneys have been seeing when it comes to the power dynamic between fund managers and their investors.
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September 05, 2025
Judge Doubts DOE Stance On Ending Mental Health Grants
A Seattle federal judge hinted on Friday that 16 states have valid claims against the U.S. Department of Education for arbitrarily discontinuing mental health funding for public schools, expressing frustration with the federal government's argument that it could terminate grant funding the same way it could fire a landscaper under contract.
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September 05, 2025
Sierra Club Looks To Secure Border Wall Settlement Funds
The Sierra Club and a nonprofit ally asked a California federal judge to order the Trump administration to preserve at least $50 million of border wall construction funds to pay for environmental projects required by a settlement struck with the Biden administration.
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September 05, 2025
Merck Shakes Off Some Claims From Cholesterol Drugs Suit
A New Jersey federal judge has partly granted a request from Merck & Co. to dismiss claims brought by Humana over an alleged anticompetitive scheme to control distribution of cholesterol drugs Zetia and Vytorin, tossing several proposed theories of monopolization but allowing unjust enrichment claims and state law antitrust claims to survive.
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September 05, 2025
3rd Circ. Affirms Feds' Primacy Over Pa. Grid Project
The Third Circuit ruled in a precedential decision on Friday that the Pennsylvania Public Utility Commission's blocking of a transmission line project in the state was unconstitutional because it hampered federal objectives, affirming a lower court's ruling that the commission lacked the authority to halt construction.
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September 05, 2025
Nikola Ch. 11 Plan OK'd Despite Founder's Pardon Objection
A Delaware bankruptcy judge Friday approved the Chapter 11 plan of electric-truck maker Nikola Corp., overruling an objection from the company's former CEO that was tied to his treatment under the plan and a pardon issued by President Donald Trump.
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September 05, 2025
3rd Circ. Backs Jailing Supervised Release Violators
The Third Circuit ruled in a published opinion issued Friday that federal district judges have the power to send criminal defendants back to prison while they await a hearing on whether they violated the terms of their supervised release.
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September 05, 2025
Tesla Proposes Making Musk The Trillion-Dollar Man
Texas-based Tesla on Friday proposed a pay package for CEO Elon Musk that could earn him a trillion dollars' worth of stock, if he meets certain corporate objectives over the next decade. It is believed to be the first trillion-dollar corporate compensation package in history.
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September 05, 2025
Delaware Powerhouse: Pachulski Stang
The robust roster of seasoned bankruptcy professionals at Pachulski Stang has kept it on the leading edge of Delaware's insolvency industry as it continues to represent an array of clients, including debtors Yellow Corp., Sientra Inc. and Synthego Corp., and creditors for Village Roadshow, Weight Watchers and 99 Cents Only.
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September 05, 2025
3rd Circ. Says Atty Needs Client OK To Admit Crime Elements
The Third Circuit has upheld a New Jersey man's conviction for unlawfully possessing a firearm as a felon, ruling that his lawyer could not admit part of the crime on his behalf when the client himself objected.
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September 05, 2025
CEO's Alleged Threat After Records Demand Prompts Del. Suit
A major stockholder and officer of a health risk software venture who reported receiving a threatening reply from the company's CEO when he requested records has sued for the documents in Delaware's Court of Chancery, saying the earlier request was otherwise ignored.
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September 04, 2025
18 States Fight Trump Admin's Bid To End Haitian Protections
A coalition of 18 states led by Massachusetts, California and New York has thrown its weight behind immigrants challenging the Trump administration's effort to remove temporary protected status for more than 250,000 Haitians in D.C. federal court, arguing TPS-eligible Haitians contribute $4.4 billion annually to the U.S. economy.
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September 04, 2025
Split 3rd Circ. Rejects Janssen, Bristol Myers Pricing Appeal
A split Third Circuit panel Thursday shot down another challenge to the Medicare drug pricing negotiation, this time rejecting a consolidated appeal from Bristol Myers Squibb and Janssen and upholding a lower court's finding that the program is indeed voluntary and therefore constitutional.
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September 04, 2025
Mary Kay Co-Founder Sues Co. In Del. For Texas Legal Fees
The co-founder and executive chairman of Mary Kay Holding Corp. has sued in Delaware's Court of Chancery for legal fee advancements related in part to a billion-dollar-plus father-son battle in a Texas court over control of family trusts supported by the decades-old cosmetics empire.
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September 04, 2025
Hedge Fund Shareholders Push To Dismiss $300M Asset Suit
A derivative lawsuit from shareholders who allege that leaders of an investment fund allowed an exchange of over $300 million in diversified assets for "worthless" illiquid equity considers a novel issue of Delaware law and should be dismissed without prejudice, counsel for the shareholders told the North Carolina Business Court on Thursday at a hearing.
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September 04, 2025
GSK Adds Moderna's New COVID Vaccine To Del. IP Suit
GlaxoSmithKline Biologicals is broadening its patent infringement suit against Moderna Inc. to include the latter's new family of COVID-19 vaccines, mNEXSPIKE.
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September 04, 2025
Albertsons Says Kroger CEO Docs Fair Game In Del. Suit
An attorney for Albertsons Companies Inc. told a Delaware vice chancellor Thursday the food and drugstore giant should get access to The Kroger Co.'s documents related to CEO Rodney McMullen's abrupt exit from the job months after the collapse of the two companies' planned $25 billion merger.
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September 04, 2025
Solar Co. Meyer Burger Unit Gets OK For $29M Ch. 11 Sale
The U.S. unit of Swiss solar-panel maker Meyer Burger secured a Delaware bankruptcy judge's approval Thursday to sell its assets for $28.7 million in Chapter 11, defeating an objection to the deal from unsecured creditors who charged that it benefits secured creditors but no one else.
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September 04, 2025
3rd Circ. Preview: Sept. Features Biosimilars, Gambling Cases
The Third Circuit's September argument lineup is packed with cases centering on the biosimilars segment of the pharmaceutical industry and gambling companies embroiled in disputes originating from New Jersey.
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September 04, 2025
Delaware Powerhouse: Morris Nichols Arsht & Tunnell
Nearly 100 years after the founding of what has become one of the nation's top corporate and commercial law firms, Delaware-headquartered Morris Nichols Arsht & Tunnell LLP is heading into its second century in the thick of high-stakes litigation and as a leader in multiple practice areas.
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September 03, 2025
Derivative Claim Miss Dooms Chancery Squeeze-Out Suit
A minority stockholder suit alleging a $15 million "sham foreclosure" of storage venture Clutter Holdings Inc. — allegedly once worth $1.2 billion — was tossed Wednesday in Delaware's Court of Chancery, in a ruling that found the claims unsupportable or derivative and ineligible for direct investor recoveries.
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September 03, 2025
3rd Circ. Says Preclusion Ends NJ Foreclosure Fight
The Third Circuit affirmed a bankruptcy court's order allowing Nationstar Mortgage to proceed with a home foreclosure sale, finding that the homeowner was trying to relitigate the exact same issues she had already lost in state court.
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September 03, 2025
SilverRock Gets More Time To Control Its Ch. 11 Case
Bankrupt California resort developer SilverRock Development received approval to extend the exclusive control window in its Chapter 11 case for four months, with a Delaware judge saying the debtor has made enough progress in the complex proceedings to warrant the extension.
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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.
Expert Analysis
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Del. Bill Reflects Nat'l Tug-Of-War Between Cannabis, Alcohol
As Delaware's bill targeting hemp-derived THC beverages and ingestible products moves through the general assembly, it reads like a local regulatory fix — but in reality, it's a microcosm of a national power struggle playing out state-by-state across the cannabis frontier, says attorney Peter Murphy.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Maintaining Legal Compliance For GenAI In Life Sciences
As companies continue to implement generative artificial intelligence to enhance all phases of drug discovery, they must remain mindful of legal, regulatory and practical considerations as best practices in this space emerge and evolve, say attorneys at Sullivan & Cromwell.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Navigating The Expanding Frontier Of Premerger Notice Laws
Washington's newly enacted law requiring premerger notification to state enforcers builds upon a growing trend of state scrutiny into transactions in the healthcare sector and beyond, and may inspire other states to enact similar legislation, say attorneys at Simpson Thacher.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Maneuvering The Weeds Of Cannabis Vertical Integration
The conversation around vertical integration has taken on new urgency as the cannabis market expands, despite federal reform remaining a distant dream, so the best strategy for cannabis operators is to approach vertical integration on a state-by-state basis, say attorneys at Sweetspot Brands.
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Patent Takeaways In Fed. Circ.'s 1st Machine Learning Ruling
The Federal Circuit’s recent decision in Recentive Analytics v. Fox, a case of first impression affirming the invalidity of patents that applied general machine learning methods to conventional tasks, serves as a cautionary guide for patent practitioners navigating the complexities of machine learning inventions, say attorneys at Foley & Lardner.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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Opinion
Third-Party Funding Transparency Is Key In Patent Suits
Third-party litigation funding is a growing industry that could benefit from enhanced disclosure standards to ensure transparency, as challenges in obtaining discovery of such funding can complicate patent litigation against nonpracticing entities, say attorneys at Skadden.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.