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Delaware
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May 22, 2025
Judge Asks If DEI Is Now 'Homogeneity, Inequity And Exclusion'
A Massachusetts federal judge considering a challenge to the Trump administration's cuts to hundreds of National Institutes of Health grants pressed the U.S. Department of Justice on Thursday for its definition of diversity, equity and inclusion, at one point asking hypothetically whether the government's policy is now "homogeneity, inequity and exclusion."
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May 22, 2025
Pa. House Rep Asks 3rd Circ. For Immunity In Robocall Suit
Counsel for a member of the Pennsylvania House of Representatives told the Third Circuit on Thursday that a federal judge was wrong to conclude the lawmaker was not immune from a Telephone Consumer Protection Act lawsuit over recorded phone messages he sent to constituents.
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May 22, 2025
Chancellor Wants Del. High Court To Review 'DExit' Corp. Law
Delaware's chancellor wants the state's high court to weigh in on a constitutional challenge of the controversial corporate law overhaul signed into law in March in an attempt to stave off more corporate charter relocations and protect the state's legal industry and $2 billion in annual corporate franchise fees.
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May 22, 2025
Del. Considering Exam Alternatives For Admitting Attys To Bar
Delaware's judiciary announced Thursday that the state's Supreme Court is establishing a task force that will make recommendations by next year if the First State should pursue alternative pathways other than having to take an exam for attorneys to gain admission into its bar.
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May 22, 2025
Mass. Judge Halts Trump's Bid To Slash Education Dept. Jobs
A Massachusetts federal judge on Thursday blocked President Donald Trump's attempt to lay off hundreds of U.S. Department of Education employees, finding that the administration's claims of wanting more efficiency are a mask for their actual goal of dismantling the department.
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May 21, 2025
Chancery Orders Nominating Do-Over For Ionic Board Vote
Citing overwhelming trial evidence, a Delaware vice chancellor on Wednesday told bankrupt Celsius Network's Ionic Digital successor to reopen a board nomination window after finding that the company wrongly eliminated one of two director seats ahead of an election in a defensive move targeting dissident candidates.
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May 21, 2025
DraftKings Denied 3rd Circ. Review In MLB Players' IP Case
A Pennsylvania judge on Wednesday denied a request from DraftKings Inc. to appeal to the Third Circuit the lower court's refusal to dismiss an intellectual property lawsuit that accuses the company of using players' images without permission, saying the issues raised are not appropriate for immediate appeal.
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May 21, 2025
Courts Can't Review Trump's Tariff Emergencies, Gov't Says
Courts can't review President Donald Trump's decision that unusual or extraordinary threats exist under the International Emergency Economic Powers Act, a government attorney told the U.S. Court of International Trade on Wednesday as 12 states seek to block Trump's tariffs under the law.
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May 21, 2025
Offshore Wind Farm Foes Back Trump Permitting Pause
Opponents of a New Jersey offshore wind farm on Wednesday backed the Trump administration's freeze on wind project permitting, telling a Massachusetts federal judge the moratorium is both legal and constitutional.
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May 21, 2025
What To Know Before VLSI, Intel's Patent License Trial
Over the last several years, VLSI Technologies has racked up infringement awards in an expansive multibillion-dollar fight against Intel, but those could be rendered moot after a trial next week, when a Texas federal jury reviews a question central to determining whether Intel already has a license to VLSI's patents.
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May 21, 2025
Vegan Restaurant Chain Planta To Tap $1.75M In DIP Funding
A Delaware bankruptcy judge Wednesday agreed to approve bankrupt vegan restaurant chain Planta's bid to access $1.75 million of its $3.5 million debtor-in-possession financing package, saying it needs funding to continue its efforts toward a sale.
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May 20, 2025
Trump Admin Rationale For HHS Firings Challenged By Judge
A Rhode Island federal judge expressed skepticism Tuesday about the Trump administration's assertion that mass firings at the U.S. Department of Health and Human Services were lawful and intended to improve national health, saying during a preliminary injunction hearing that nothing in the record demonstrates "thoughtful work" behind these decisions.
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May 20, 2025
Venezuelan Nationals' RICO Suit Asserting Defamation Tossed
A Florida federal judge has dismissed racketeering and other claims against a director of Venezuela's state-owned oil company and others after determining that the suit accusing them of engaging in a defamatory campaign to smear civic leaders is a shotgun pleading.
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May 20, 2025
Chancery Orders EB-5 Co. Head To Pay Ousted Member $6.9M
A Delaware vice chancellor has ordered the founder and controller of a Philadelphia-based center that oversees an investment incentive program for foreign nationals to pay nearly $6.9 million to a member who was obliged to cash out under what the court found to be unfair, conflicted terms.
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May 20, 2025
Moderna Says Order To Narrow Vax IP Case Should Stay
Moderna has said that a federal judge should ignore a rival mRNA developer's request to rethink his decision limiting issues in a patent suit over the company's COVID-19 vaccines, saying the rival is trying to make new arguments too late.
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May 20, 2025
Creditors Win Fight Against Insider Releases In Azzur Ch. 11
A Delaware bankruptcy judge on Tuesday sustained an objection to insider releases in the Chapter 11 liquidation plan of Azzur Group, finding the pharmaceutical services company had not justified the releases for prepetition conduct of current and former officers, directors, and equity holders.
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May 20, 2025
Elf Beauty Brass Face Investor Suit Over Declining Demand
Executives and directors of cosmetics company e.l.f. Beauty were hit with a shareholder derivative suit accusing them of concealing declining consumer demand, which led to a 55% decline in stock value as information regarding waning revenues and increasing inventory emerged.
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May 20, 2025
Franchise Group Says Ch. 11 Plan Cuts $1.5B In Debt
Bankrupt retail franchise owner and operator Franchise Group Inc. told a Delaware judge on Tuesday that its proposed Chapter 11 plan would slash $1.5 billion from its balance sheet while positioning the business to emerge with 1,700 retail locations intact.
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May 20, 2025
Biotech Stockholders Challenge Director Pay Levels In Del.
Investors in biotech company Intellia Therapeutics Inc. stock opened a derivative suit in Delaware's Court of Chancery on Tuesday seeking recovery of allegedly excessive compensation paid to non-employee directors for multiple years without an approval vote by stockholders.
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May 20, 2025
State AGs Back NJ Judicial Privacy Law At 3rd Circ.
Most states' attorneys general, along with law enforcement organizations and a data privacy group, have encouraged the Third Circuit to uphold a New Jersey judicial privacy measure, saying states have sovereignty to enact such laws in a time of increased threats against judges.
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May 19, 2025
House Urged To Ax Proposed 10-Year Ban On State AI Laws
More than 140 civil rights and consumer advocacy groups on Monday became the latest to oppose a sweeping provision in the U.S. House of Representatives' budget proposal that would place a 10-year moratorium on states enacting or enforcing laws to regulate emerging artificial intelligence systems, joining a bipartisan coalition of state enforcers that issued a similar call last week.
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May 19, 2025
2 Dozen States Urge Judge To Stop AmeriCorps Cuts
Two dozen states urged a Maryland federal judge on Monday to halt $400 million in cuts to AmeriCorps programs, while the lawyers for the Trump administration insisted that the states' challenge must be brought before the U.S. Court of Federal Claims.
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May 19, 2025
Carrier's Kidde-Fenwal Ch. 11 Deal Barred By Purdue, AGs Say
Connecticut and other states Monday objected to Carrier Global Corp.'s proposed $540 million deal releasing it from "forever chemicals" litigation liability through its ownership of bankrupt firefighting foam manufacturer Kidde-Fenwal Inc., saying the U.S. Supreme Court shot down a similar deal in drugmaker Purdue Pharma LP's bankruptcy case.
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May 19, 2025
Cepton Sued In Del. Over $125M Koito Take-Private Deal
A Cepton Inc. stockholder has launched a proposed class action challenging the light detection and ranging technology company's $3.17-per-share, $125.4 million take-private acquisition by Japan-based Koito Manufacturing Inc. in Delaware's Court of Chancery, alleging fiduciary breaches by the company's CEO, four directors and the deal's investment banker.
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May 19, 2025
Port Co. Slams 'Sham' Arbitration Bid In Panama Canal Project
A Hong Kong company claiming that its interest in a $1 billion port project near the Panama Canal is being stolen by an investment firm and related entities has urged the Third Circuit not to send the dispute to a "sham" arbitration proposed by the investor.
Expert Analysis
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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.
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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.