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Delaware
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September 26, 2025
Dr. Evil Gets Brief Callout In Del. Take-Public Merger Suit
Attorneys for a blank-check company that claimed at least $30 million in damages in Delaware's Court of Chancery after an alleged take-public merger breach on Friday branded the accused breacher's $2.1 billion counterclaim as being "worthy of Dr. Evil in the 'Austin Powers' movies."
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September 26, 2025
Cellectis, AstraZeneca Face IP Suit From Cell Engineering Co.
A cell engineering company sued pharmaceutical giant Cellectis Inc. on Friday, claiming it had used patented gene-editing protein research technology and purported to license it for use to AstraZeneca.
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September 26, 2025
DC Circ. Won't Stop FDA From Approving Entresto Generic
The D.C. Circuit on Friday shot down Novartis' attempt to block the U.S. Food and Drug Administration's approval of a generic version of its most lucrative drug, the heart disease medication Entresto.
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September 26, 2025
Insurers Must Defend Tech Co. Against Rival's Patent Suit
Insurers for a logistics technology company must defend the company against claims that it stole a rival's technology and marketing strategy, a Delaware state court ruled, finding that the policies' "prior and pending litigation" exclusion does not bar coverage.
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September 26, 2025
Operator Of NBA's Suns Says Doc Suit Is For Buyout Leverage
Phoenix Suns franchise operator Suns Legacy Holdings LLC has pushed back in Delaware Chancery Court against two minority owners seeking access to company records, responding that the demands are aimed at pressuring a higher-priced buyout from the NBA team's majority owner, Mat Ishbia.
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September 26, 2025
Judge Won't Overturn $57M Midwest Energy Win In IP Fight
A Delaware federal magistrate judge has refused to disturb a jury's finding that numerous affiliated companies willfully infringed Midwest Energy Emissions Corp. patents on technology for refining coal to reduce mercury in emissions from power plants, leaving in place a $57 million verdict.
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September 25, 2025
$8.9B Deal For Health Tech R1 RCM Draws Del. Chancery Suit
Four stockholders of healthcare revenue management venture R1 RCM Inc. challenged the company's take-private deal in Delaware's Court of Chancery Thursday, alleging that the private equity and allies who won the $8.9 billion, November transaction lined up an unfairly low, $14.30 per share price.
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September 25, 2025
FTC, 19 States Halt Cancer Charity Scheme
A car donation charity that raised more than $45 million meant for breast cancer screenings agreed Thursday to an injunction barring future charity fundraising to end an enforcement action by the Federal Trade Commission and a coalition of 19 states over misappropriated donation funds.
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September 25, 2025
Boeing Asks Chancery To Ground 737 Max Derivative Suit
Boeing Co. wants the Delaware Chancery Court to throw out a derivative lawsuit that accuses the company's leadership of ignoring safety risks in the wake of a January 2024 incident in which a door plug flew off one of its 737 Max planes.
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September 25, 2025
AmTrust Investor Suits Fall Outside Excess Policy, Court Says
A Liberty Mutual unit that provided excess directors and officers coverage to AmTrust Financial Services Inc. owed no coverage for shareholder actions over the company's valuation of life settlement contracts and other accounting matters, a Delaware federal court ruled, finding the claims fell within an earlier coverage tower.
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September 25, 2025
Full Fed. Circ. Won't Reconsider IPR Estoppel Decision
The full Federal Circuit on Thursday rejected a rehearing petition from Ioengine LLC, which was appealing the invalidation of its flash drive patents in a case that set precedent on estoppel.
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September 25, 2025
Avon Gets Ch. 11 Plan Approved
A Delaware bankruptcy judge has confirmed Avon's Chapter 11 plan a few days after verbally agreeing to approve it.
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September 25, 2025
3rd Circ. Won't Revive Debt Collection Suit Against NJ Firm
The Third Circuit rejected a bid Thursday from a woman suing Cohn Lifland Pearlman Herrmann & Knopf LLP to revive her proposed class action over allegedly unfair debt collection practices after a federal trial court ruled that she filed her suit too late.
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September 25, 2025
Trump SPAC Ex-CEO Wins $1.5M Legal Fee Advance In Del.
Saying the court was wary of second-guessing attorney judgment in legal fee advancement billings, a Delaware magistrate in chancery has rejected most challenges to $1.5 million in fee claims by a former CEO of Donald Trump-tied blank check company Digital World Acquisition Corp.
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September 24, 2025
DHS Barred From Tying Disaster Aid To Immigration Agenda
The Trump administration unlawfully attached conditions to emergency service funding that required states to cooperate with the U.S. Department of Homeland Security's immigration enforcement, a Rhode Island federal judge ruled Wednesday, agreeing with a multistate coalition that the conditions are unconstitutional, arbitrary and capricious.
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September 24, 2025
Skechers Investor Seeks Chancery Appraisal Of $9.4B Deal
A Skechers shareholder is asking the Delaware Chancery Court for an appraisal to determine the fairness of the $63-per-share buyout price of nearly 700,000 shares in the footwear company after its $9.4 billion take-private deal with 3G Capital.
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September 24, 2025
Judge Denies Tron Founder's Bid To Block Bloomberg Report
A Delaware federal judge declined to direct Bloomberg LP to remove reporting about Justin Sun's crypto holdings for now in an opinion that said he remains unconvinced the media outlet made any promise of confidentiality to the Tron founder.
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September 24, 2025
Del. Justices Uphold $10.5B Zendesk Take-Private Deal
Delaware's Supreme Court early Wednesday upheld the Court of Chancery's Sept. 10 dismissal of a stockholder challenge to the $10.5 billion take-private deal for software as a service business Zendesk Inc., closing the book on the case in two sentences issued two weeks after appeal arguments.
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September 24, 2025
Chancery OKs TRO In Marshall Wace-Lukka Financing Battle
Affiliates of British hedge fund Marshall Wace LLP won a Delaware Court of Chancery temporary restraining order Wednesday barring crypto data provider Lukka Inc. from completing, pending trial, a new "cram-down, pay-to-play" convertible note financing that would supersede current liquidation preferences and voting rights currently more favorable to MW's Lukka stake.
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September 24, 2025
Olo Investor Sues For Records On $2B Thoma Bravo Deal
A hedge fund has filed a books and records demand against a restaurant software company in Delaware Chancery Court, hoping to investigate whether the stock price in its $2 billion merger with Thoma Bravo was fair and threatening a potential appraisal action.
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September 24, 2025
Judge Says No Dispute Exists In Video File Licensing Case
A Delaware federal judge has granted dismissal to DivX LLC in a case brought by a former business ally who was seeking a declaration that it didn't run afoul of a licensing agreement between the two, saying the court has no jurisdiction in the matter.
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September 24, 2025
States Say Ed Dept. Must Face Suit Over Mental Health Cuts
A group of 16 states led by Washington has asked a federal judge not to let the U.S. Department of Education escape the states' claims that the agency violated federal law by discontinuing mental health grants given to public schools to help students cope with school shootings.
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September 24, 2025
Labcorp, Natera Resolve DNA Sequencing IP Suits Midtrial
Labcorp and Natera have reached a midtrial settlement over the laboratory testing giant's claims that its competitor infringed a group of DNA sequencing patents through the sale of a cancer testing product, a Delaware federal judge said.
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September 23, 2025
Sandisk Gets Support In 'Settled Expectations' Challenge
Industry groups, professors and Unified Patents are backing Sandisk Technologies Inc.'s Federal Circuit challenge to the U.S. Patent and Trademark Office's policy of denying review of patents based on the owner's "settled expectations," saying it flouts the law and undermines the patent review system.
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September 23, 2025
Jenzabar Investor Faces Multiple Suit Challenges In Del.
A Delaware vice chancellor pressed an attorney for a trust stockholder of educational software company Jenzabar Inc. Tuesday to explain how another state's court empowered it with standing to bring derivative claims against a Delaware chartered company.
Expert Analysis
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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How Del. Supreme Court, Legislature Have Clarified 'Control'
The Delaware Supreme Court's January decision in In re: Oracle and the General Assembly's passage of amendments to the Delaware General Corporation Law this week, when taken together, help make the controlling-stockholder analysis clearer and more predictable for companies with large stockholders, say attorneys at Baker Botts.
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Fed. Circ. In Feb.: Lessons On Cases With Many Patent Claims
The Federal Circuit's decision in Kroy IP v. Groupon last month establishes that inter partes review petitioners cannot rely on collateral estoppel to invalidate patent claims after challenging a smaller subset, highlighting the benefit that patent owners may gain from seeking patents with many claims, say attorneys at Knobbe Martens.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Recent Cases Highlight Latest AI-Related Civil Litigation Risks
Ongoing lawsuits in federal district courts reveal potential risks that companies using artificial intelligence may face from civil litigants, including health insurance coverage cases involving contractual and equitable claims, and myriad cases concerning securities disclosure claims, say attorneys at Katten.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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3 Del. Bankruptcy Cases Highlight US Trustee Objections
As three recent Delaware bankruptcy cases show, debtors who seek approval of a stalking horse bid protections agreement should be prepared for the U.S. Trustee Office's objections, including if the proposed classification for the bid protections is a superpriority administrative expense claim, says Kyle Arendsen at Squire Patton.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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How Fed. Circ. Ruling Complicates Patent Infringement Cases
The Federal Circuit's decision last month in Kroy IP Holdings v. Groupon may make defending patent infringement claims more challenging, time-consuming and expensive — but it has also complicated similar patent infringement proceedings involving the same patents and their appeals, say attorneys at Norton Rose.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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Implementation, Constitutional Issues With Birthright Order
President Donald Trump's executive order reinterpreting the 14th Amendment's birthright citizenship clause presents unavoidable administrative problems and raises serious constitutional concerns about the validity of many existing federal laws and regulations, says Eric Schnapper at the University of Washington School of Law.