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Delaware
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October 23, 2025
Entities Tied To NYC's Former Hudson Hotel File For Ch. 11
Two companies affiliated with the former Hudson Hotel near Manhattan's Columbus Circle have filed for Chapter 11 protection in Delaware, listing between $100 million and $500 million each in both assets and liabilities.
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October 23, 2025
DOJ Seeks To End Suit Over Tying Victim Aid To Immigration
The U.S. Department of Justice urged a Rhode Island federal judge to dismiss a suit lodged by Democratic-led states, saying the challenge to a policy barring federal grant funds from covering legal services for unauthorized or removable immigrants belongs in federal claims court.
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October 23, 2025
Avadel, Jazz Settle Sleep Disorder Drug Claims
Avadel Pharmaceuticals has announced it reached a global settlement with Irish rival Jazz Pharmaceuticals to dismiss their lawsuits against each other that alleged patent and antitrust violations related to sleep disorder drug Lumryz.
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October 23, 2025
Del. Startup Accuses Ex-CEO In Chancery Of Stock Scheme
A Delaware pharmaceutical startup has sued its former CEO in the Delaware Chancery Court, accusing him of secretly enriching himself through unauthorized stock issuances and deceptive loans.
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October 23, 2025
Morgan Stanley, Envestnet Board Sued In Del. Over $4.5B Sale
Two stockholders of wealth and data management giant Envestnet Inc. sued the company's former CEO, board and financial adviser Morgan Stanley in Delaware Chancery Court on Thursday, alleging breaches or aiding breaches of fiduciary duty tied to the company's $4.5 billion take-private deal with affiliates of Bain Capital.
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October 23, 2025
Del. Justices Won't Reconsider Gellert Seitz Malpractice Ruling
The Delaware Supreme Court on Oct. 23 rejected a request to reconsider its decision affirming the dismissal of a legal malpractice suit against Gellert Seitz Busenkell & Brown LLC over damages a homebuilder said it suffered due to the firm's negligence handling loan-restructuring disputes, saying the request is "without merit."
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October 23, 2025
Judge OKs Heritage Coal's Ch. 11 Plan After Releases Nixed
A Delaware bankruptcy judge approved the Chapter 11 liquidation plan from Heritage Coal after the debtor removed releases and exculpations for insiders.
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October 22, 2025
Google Bots Spread 'Radioactive Lies,' Activist's Suit Says
Robby Starbuck, a conservative activist who has targeted corporate anti-discrimination measures, claims Google has "spread radioactive lies" about him through its chatbots, falsely labeling him a serial sexual abuser and tying him to a "notorious white supremacist," in a lawsuit filed Wednesday in Delaware state court.
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October 22, 2025
3rd Circ. Says Burford Can't Arbitrate German Discovery Fight
The Third Circuit affirmed on Wednesday that a petition filed under a foreign discovery statute targeting Burford Capital in a dispute relating to German antitrust litigation can't be sent to arbitration, saying the funder cited the wrong section of the Federal Arbitration Act.
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October 22, 2025
State AGs Push Back In First Amendment Subpoena Fight
A coalition of state attorneys general is urging the U.S. Supreme Court to safeguard their fundamental investigative authority, warning in an amicus brief filed Tuesday that a New Jersey anti-abortion center's challenge could allow subpoenaed entities to routinely bypass state courts and tie up enforcement actions in federal litigation.
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October 22, 2025
Bristol-Myers $450M Payment Dispute Heads To Arbitration
A judge sitting for Delaware's Court of Chancery has sent to arbitration allegations from shareholders of a small biotechnology company acquired by Bristol-Myers Squibb that the pharmaceutical giant used trickery to avoid paying up to $450 million in milestone payments.
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October 22, 2025
Tesla Claims Texas Charter Trumps Sweeping Claims In Del.
Attorneys for Tesla, its principals and Elon Musk told Delaware's chancellor on Tuesday that the company's widely trumpeted corporate charter move from Delaware to Texas should doom a Court of Chancery consolidated stockholder suit challenging a string of actions by the company and Musk.
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October 22, 2025
Ed Dept. Must Face States' Case Over Mental Health Grants
A Seattle federal judge declined to throw out a lawsuit accusing the U.S. Department of Education of illegally discontinuing grants for student mental health programming, recognizing that Washington and other states have valid claims that the move will cut them off from money meant for reducing violence in schools.
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October 22, 2025
NJ Justices To Hear 3rd Circ.'s UIM Coverage Questions
New Jersey's justices will help the Third Circuit consider whether a resident can recover up to the full $2 million limit in his employer's auto policy with Zurich rather than its $15,000 limit for underinsured motorists, the New Jersey Supreme Court announced Wednesday, taking up two certified questions.
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October 22, 2025
Judge Tosses Ingenus Suit Over Leukemia Treatment Patent
A Delaware federal judge has agreed to throw out a lawsuit accusing Hetero Labs Ltd. of infringing a patent covering a treatment for lymphoma and leukemia, pointing out that an Illinois federal court in a separate case already found the patent to be invalid.
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October 22, 2025
States Back Boston Hospital In Fight Over Trans Care Records
A group of states backed a Boston hospital in its bid to block the Trump administration from accessing transgender care records, warning a federal judge that allowing the government's request could expose a wide variety of doctors to criminal charges.
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October 22, 2025
3rd Circ. Tosses Elderly Woman's Solar Panels Fraud Suit
The Third Circuit on Wednesday backed the dismissal of an elderly woman's fraud claims against two solar panel financiers, which she accused of saddling her with a nearly $100,000 debt after she was tricked getting rooftop solar panels a salesperson told her were free.
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October 22, 2025
NJ Justices To Review Judicial Privacy Law For 3rd Circ. Case
The New Jersey Supreme Court has agreed to a request from the Third Circuit to interpret whether the judicial privacy measure Daniel's Law requires a certain mental state in order to establish liability.
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October 22, 2025
Trade Desk CEO Pay Suit Pleads 'Bad Faith,' Del. Justices Told
The Delaware Supreme Court heard oral arguments on Wednesday in the appeal of the dismissal of a stockholder derivative suit that sought to block an up to $5.2 billion, multiyear chairman's compensation package for global digital marketing venture The Trade Desk.
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October 22, 2025
Straight Path Class Attys Appeal $1.2B Damage Claim Toss
An attorney for Straight Path Communications shareholders told Delaware's justices Wednesday the state Supreme Court should revive a $1.2 billion claim tied to company controller Howard Jonas' allegedly self-interested role in shutting down a board special committee's pursuit of damages against him.
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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.
Expert Analysis
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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.
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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.