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Delaware
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October 21, 2025
Chancery Bars No-Notice Removals Of 2 Co. Directors
Ruling that "trickery" and "sandbagging" are out of order as boardroom and corporate governance tools, a Delaware vice chancellor on Tuesday invalidated the no-notice removal of two company directors from a five-member information tech company board.
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October 21, 2025
Chancery Mulls 'Sufficiency' Ruling In Squarespace Doc Suit
An attorney for a former stockholder of website hosting venture Squarespace Inc. told a Delaware vice chancellor Tuesday that the Chancery Court's senior magistrate erred in declining to order a release of emails for a books and records investigation focused on the company founder's role in a $7.2 billion take-private sale.
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October 21, 2025
3rd Circ. Reinstates Union Rep's Pharmacy Fraud Charges
The Third Circuit said Tuesday that it had revived charges against a union representative at a telecommunications company after finding that federal prosecutors sufficiently alleged that the rep submitted false claims to a pharmacy benefits manager for medically unnecessary testing and medicine.
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October 21, 2025
10x Genomics Hits Illumina With 2 Gene Tech Patent Suits
10x Genomics accused biotech giant Illumina Inc. of infringing nine genetic sequencing patents in two Delaware federal lawsuits Tuesday, arguing that Illumina knew of at least one of the patents because it was involved in a $31 million verdict against a different company that is well-known in the biology space.
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October 21, 2025
Ex-Crypto Exec Claims Stablecoin Venture Betrayed Him
A former executive of a cryptocurrency company has launched a Delaware Chancery Court suit accusing its controlling members of fraudulently coercing him into signing away his rights and then usurping the company's planned stablecoin venture for themselves, breaching their fiduciary and contractual duties to both him and the firm.
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October 21, 2025
Nexus Can't Pursue IP Dropped Before Trial, Del. Judge Says
When Nexus Pharmaceuticals Inc. dropped patent claims to narrow its suit against Exela Pharma Sciences LLC, it lost the ability to assert them later on, a Delaware federal judge said Tuesday.
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October 21, 2025
SilverRock Approved For $65M Sale Of Calif. Resort Project
Bankrupt real estate development firm SilverRock Development Co. LLC received approval Tuesday from a Delaware judge for the $65 million sale of its resort project assets to affiliates of Turnbridge Equities, with the court overruling objections tied to an existing ground lease on the property.
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October 21, 2025
3rd Circ. Unsure Pro-Palestinian Views Justify Deportation
The Third Circuit on Tuesday appeared skeptical of the government's bid to deport a green card-holding former Columbia University graduate student over his pro-Palestinian views, suggesting that the case raised serious constitutional concerns about retaliation for protected speech and the proper forum for adjudicating such claims.
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October 21, 2025
Investors Tell Chancery CytoDyn Board Ignored Drug Scheme
Stockholders of CytoDyn Inc. have filed a consolidated derivative complaint in the Delaware Chancery Court, accusing the company's leadership of wrongfully refusing to investigate and sue its former CEO and others over an aligned scheme to mislead investors about the company's flagship drug.
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October 21, 2025
Ex-Temple Professor Heads To 3rd Circ. With Tenure Bias Suit
A former Temple University assistant professor alleging he was denied tenure because he's a Chinese man with a chronic neuromuscular condition is taking his legal battle to the Third Circuit after a trial court sided with the school.
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October 21, 2025
Novartis Says Alexion's 'Block The Cause' Ads Are False
Novartis Pharmaceuticals Corp. is suing rival Alexion Pharmaceuticals Inc. in Delaware federal court, alleging that Alexion's "Block the Cause" ad campaign for its Ultomiris product falsely implies that Novartis' own treatment is less effective or even dangerous.
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October 20, 2025
States, DC Fight Feds' Bid To Cut Billions In OMB Grant Case
Twenty-three states and the District of Columbia have told a Massachusetts federal judge to hold onto their case challenging the Trump administration's use of "a single subclause" buried in a U.S. Office of Management and Budget regulation to shut off billions in federal grants.
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October 20, 2025
States Urge Del. High Court To Reject Jarkesy Challenge
State regulators are asking the Delaware Supreme Court to reject an oil-and-gas company's call to apply a recent U.S. Supreme Court decision to state-level securities fraud actions, arguing that a ruling in the company's favor could have "ripple effects" on other states' abilities to pursue alleged fraudsters via administrative courts.
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October 20, 2025
Surfacing Co. Says AIG Must Cover Acquisition Losses
A decorative surface manufacturer told a Delaware state court that an AIG unit must cover losses incurred after the chemical company it acquired allegedly misrepresented the state of its relationship with the company's top customer.
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October 20, 2025
Del. Supreme Court Upholds Keynetics Trust Dissolution
The Delaware Supreme Court on Monday upheld a Chancery Court order dissolving the Keynetics Shareholder Trust and sanctioning its chairman, ruling that the lower court acted within its discretion when it imposed penalties for repeated violations of stock transfer restrictions tied to the stock of Idaho tech firm Keynetics Inc.
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October 20, 2025
Cybersecurity Co. Sued In Del. For Merger Docs.
A CNI Holdings Inc. stockholder sued the cybersecurity company in Delaware's Court of Chancery for company books and records on Monday, citing a need for corporate details and documents that could purportedly salvage a California suit objecting in part to a "cram down" merger in 2022.
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October 20, 2025
Emergency Tariffs Unlawfully Unprecedented, Justices Told
The International Emergency Economic Powers Act has never been used until President Donald Trump to impose tariffs, and nowhere does the law provide that explicit authority, a dozen states, several small businesses and a pair of Illinois toymakers told the U.S. Supreme Court Monday.
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October 20, 2025
21 AGs Back Planned Parenthood In Funding Freeze Fight
A coalition of attorneys general from 21 Democrat-led states chimed in on Monday in support of Planned Parenthood's case challenging the Trump administration's push to cut off Medicaid reimbursements to its centers and affiliates, saying more than a million people could lose healthcare access if the First Circuit doesn't halt the move.
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October 20, 2025
Trump Media Aims To DQ Gunster In Fight With Investors
Trump Media & Technology Group, which owns President Donald Trump's Truth Social platform, is fighting with investors over whether Gunster should be allowed to represent them against the company's lawsuit over taking the business public in light of a Florida state judge's ties to the firm.
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October 20, 2025
Judge Rejects Heritage Coal's Ch. 11 Plan Over Releases
A Delaware bankruptcy judge on Monday refused a bid by Heritage Coal for approval of its Chapter 11 liquidation plan, siding with the unsecured creditors committee on an objection over the plan's release provisions.
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October 20, 2025
3rd Circ. Suspects Process 'Circumvention' In US Atty Role
The Third Circuit on Monday seemed inclined to back a district court's finding that the U.S. Department of Justice's designation of President Donald Trump's former personal lawyer as New Jersey's top federal prosecutor violated federal law, with one jurist suggesting the appointment raised "serious constitutional implications."
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October 20, 2025
Pa. AG To Continue Grid Fight After PUC Bows Out
Pennsylvania Attorney General Dave Sunday sought to continue the appeal of a Third Circuit decision invalidating the state Public Utilities Commission's denial of a permit for a transmission project after the agency's chairman said he feared the appeal's outcome could weaken state authority.
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October 20, 2025
AI-Driven Marketing Biz Says Ex-Workers Lifted Trade Secrets
Artificial intelligence-integrated marketing and advertising venture AIquire Inc. sued a newer, climate-focused marketing business in Delaware federal court on Friday, accusing former employees and affiliated companies of misappropriating trade secrets to build the new business, Climaty.
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October 20, 2025
Catching Up With Delaware's Chancery Court
This past week, the Delaware Chancery Court and Supreme Court handled a crowded corporate docket, weighing blockbuster merger appeals, shareholder settlement objections, fights over control involving an NBA franchise and a high-profile appeal from Elon Musk involving a massive payday from Tesla.
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October 20, 2025
Union Asks 3rd Circ. To Rethink Toss Of $3.5M Pension Win
The Third Circuit conflicted with U.S. Supreme Court precedent when it scrapped a $3.5 million win for a pipe fitters and plumbers union that found a commercial real estate company failed to properly factor overtime in pension contributions, the union argued as it asked the Circuit Court to rethink its opinion.
Expert Analysis
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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.
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A Higher Bar For Expert Witnesses In Drug Patent Litigation
With recent decisions emphasizing courts' growing insistence on robust methodologies in pharmaceutical patent disputes, litigators must be strategic in how they utilize expert testimony and adapt to venue-specific expectations, says Jeremy Scholem at WIT Legal.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.