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Delaware
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November 03, 2025
Chancery Considers Reviewing Icahn's Illumina Settlement
A Delaware Chancery Court hearing on resolving class and derivative claims over Illumina fiduciary data breaches connected to the company's $8 billion acquisition of Grail Inc. was sidelined Monday by questions over a private settlement.
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November 03, 2025
Pfizer Hits Novo Nordisk In Fed. Court Over $9B Metsera Deal
Pfizer Inc. moved its merger battle with Novo Nordisk into Delaware federal court Monday, accusing the Danish drugmaker of orchestrating an unfair deal to put a "stranglehold" on the fast-growing American GLP-1 weight-loss drug market.
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November 03, 2025
New Loan Forgiveness Rule Targets Trump Critics, States Say
Two lawsuits filed Monday, one by a coalition of states and the other by a group of cities, unions and advocacy organizations, are challenging a new Trump administration rule imposing "intentionally vague" and allegedly illegal restrictions on student loan forgiveness for public employees intended to stifle dissent.
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November 03, 2025
Bernstein Litowitz, Robbins Geller To Lead $8.9B Class Action
The Delaware Chancery Court has tapped Bernstein Litowitz Berger & Grossmann LLP and Robbins Geller Rudman & Dowd LLP to lead stockholder litigation over an $8.9 billion take-private deal, citing the firms' alignment with institutional investors holding the largest stake.
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November 03, 2025
Catching Up With Delaware's Chancery Court
From billion-dollar pharma feuds to shifting equity deadlines, Delaware's courts saw another week of battles over mergers, fiduciary duty and judicial limits.
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November 03, 2025
RV Refrigerator Seller Norcold Hits Ch. 11 With $300M+ Debt
Norcold LLC, a company that sells refrigerators for recreational vehicles, filed for Chapter 11 protection in Delaware bankruptcy court Monday with more than $300 million in debt and a plan to sell its business to RV components distributor Dave Carter & Associates.
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October 31, 2025
Pfizer Sues Metsera, Novo Nordisk Over $9B Buyout 'Bribe'
Pfizer Inc. filed suit Friday in Delaware Chancery Court to stop Metsera from terminating their multibillion-dollar merger agreement, saying in a complaint filed the same day it secured early antitrust clearance that Novo Nordisk's bid to step in with a $9 billion buyout proposal is nothing but an "old-fashioned bribe."
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October 31, 2025
Real Estate Recap: Retail Rebirth, Data Center Outlier, SCIFs
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including a look at how recent big-box store bankruptcies could usher in a retail sector revival, Florida's comparative inertia building data centers, and a rise in the niche asset class known as "sensitive compartmented information facilities."
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October 31, 2025
Gov't Owes $330K In Fees For NSF Funding Fight, Court Told
A higher education association seeks more than $330,000 in attorney fees and costs from the government after winning a ruling blocking the Trump administration from cutting certain National Science Foundation funding, according to a memorandum filed in Massachusetts federal court.
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October 31, 2025
Trump Admin Must Keep SNAP Running, Federal Judges Say
A Rhode Island federal judge Friday ordered the Trump administration to use contingency funds to sustain Supplemental Nutrition Assistance Program benefits amid the ongoing government shutdown, while a Boston federal judge gave the government until Monday to choose one of two paths to keep the program running to some degree.
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October 31, 2025
IP-Focused Judges Say Less Is More In Patent Litigation
Attorneys litigating patent cases should exercise discretion when redacting documents, limit the length and volume of motions, and talk to judges the way they talk to juries about complicated intellectual property issues, a panel of IP-focused judges advised Thursday.
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October 31, 2025
Slater Blasts Bid To Terminate Boy Scout Case Fees
Mass tort plaintiffs' firm Slater Slater Schulman LLP is calling a motion seeking to end their contingency fee legal service agreements with sexual abuse claimants in the Boy Scouts of America bankruptcy a baseless attempt to lure away its clients.
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October 31, 2025
Insurers Denied Bid To Stay Avon's Ch. 11 Plan For Appeal
A Delaware bankruptcy judge denied a motion Thursday from insurers at Lloyd's of London to stay Avon Inc.'s Chapter 11 plan while the insurers appeal, finding the insurers had not shown they would be irreparably harmed by the plan taking effect.
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October 31, 2025
3rd Circ. Preview: BMW, MiLB And Sandoz Top Nov. Lineup
The Third Circuit in November will hear a pair of disputes over awards handed out in New Jersey federal court, including a nearly $4 million attorney fee for class counsel representing BMW drivers and a $70 million win for Sandoz Inc. in a contract battle over blood pressure medicine.
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October 30, 2025
Squires' National Security Fears Over RPIs Draw Skepticism
U.S. Patent and Trademark Office Director John Squires has started requiring patent challengers to disclose all real parties in interest when filing their initial Patent Trial and Appeal Board petitions, building on his policies to limit such challenges and citing concerns over national security.
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October 30, 2025
J&J's Janssen Says 3rd Circ. Should Reverse $1.6B FCA Win
Johnson & Johnson's Janssen Products LP urged the Third Circuit to overturn a $1.6 billion False Claims Act judgment over two of its HIV drugs, arguing the district court allowed whistleblowers to prove fraud based solely on "off-label" marketing rather than any false claim actually submitted to the government.
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October 30, 2025
Gun Rights Groups Ask Justices To Review Ban On Pot Users
A group of gun rights advocates urged the U.S. Supreme Court to hear a case arguing that a federal law prohibiting marijuana users from owning guns runs afoul of the Second Amendment, saying a similar case the justices agreed to hear is a poor vehicle for the issue.
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October 30, 2025
McCarter & English Used Doctrine As 'Whipsaw,' Panel Hears
A biotech company on Thursday urged a New Jersey appellate panel to revive its legal malpractice suit against McCarter & English LLP, arguing that the claims were distinct from the firm's own suit seeking unpaid fees.
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October 30, 2025
Pension Fund Says Yellow Plan Can't Reserve Claim Argument
A Teamsters pension fund is urging the Delaware bankruptcy court to reject Yellow Corp.'s liquidation plan, arguing the trucking company is reserving potential arguments against the fund's $17.8 million claim that have already been resolved and discharged.
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October 30, 2025
Habba Cites Essayli Ruling To Defend Role In NJ Cases
The U.S. Department of Justice has urged the Third Circuit to reinstate Alina Habba's authority in two criminal prosecutions, arguing a recent California ruling backs her power to supervise cases as first assistant, even if she's barred from acting as U.S. attorney for the District of New Jersey under federal vacancy law.
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October 30, 2025
London Stock Exchange Botched MayStreet Deal, Suit Says
MayStreet Inc.'s co-founder and former CEO sued the London Stock Exchange Group PLC and a few of its subsidiaries Thursday in the Delaware Chancery Court, claiming they lured him into selling the company with false promises of growth and then failed to honor post-closing obligations under the merger contract.
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October 30, 2025
3rd Circ. Affirms Tax On Interest In $191M Pharma Family Feud
A pharmaceutical company's $191 million payment settling a family feud was for the sale of a family trust's ownership shares and included interest taxed as ordinary income, the Third Circuit said Thursday, rejecting the trust's claim that the money should be taxed at the lower, capital gains rate.
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October 29, 2025
Del. Justices Mull Call To Revive Amazon-Blue Origin Suit
An Amazon.com stockholder attorney told Delaware's justices on Wednesday that the company's board "failed to do a thing" as founder Jeff Bezos convinced directors to pump billions into the Blue Origin space launch business with purportedly scant oversight, looking to salvage a Court of Chancery derivative suit dismissed in January.
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October 29, 2025
Hertz Urges Del. Justices To Reverse $170M Insurance Ruling
Hertz Corp. urged the Delaware Supreme Court Wednesday to overturn a lower court's ruling that freed the car rental giant's insurers from covering $170 million in false-arrest settlements, arguing the settlements all stemmed from a faulty theft-reporting system and trigger just one self-insured retention.
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October 29, 2025
Claire's Gets OK To Exit Ch. 11 After Sale To Ames Watson
Jewelry retailer Claire's on Wednesday won a Delaware bankruptcy judge's approval of a plan to exit Chapter 11 after selling most of its North American business to private equity firm Ames Watson last month.
Expert Analysis
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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.
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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.