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Delaware
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October 23, 2025
Investor Says Biotech Co. Rigged Votes To Expand Share Pool
A stockholder of Pennsylvania-based Ocugen Inc. sued the biotech company Thursday in Delaware Chancery Court, alleging that the company's board contrived a "clever" but unlawful scheme to push through a 2024 charter amendment that expanded its authorized share count without the required majority approval.
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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.
Expert Analysis
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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Chancery Ruling Raises Bar For Advance Notice Bylaws Suits
The Delaware Court of Chancery's recent ruling in Siegel v. Morse will make it more difficult for plaintiffs to successfully challenge advance notice bylaws before the emergence of an actual or threatened proxy contest, presumably reducing the occurrence of such challenges, say attorneys at Venable.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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Patenting AI And Machine Learning In The Wake Of Recentive
Though the Federal Circuit's recent decision in Recentive Analytics v. Fox Corp. initially appears to doom patents related to artificial intelligence and machine learning, a closer look shows that strategies for successfully drafting and prosecuting such patents offer hope despite increased pushback from the U.S. Patent and Trademark Office, say attorneys at Banner Witcoff.
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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.