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Delaware
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August 29, 2025
Chancery Unwinds Wireless Co. Founder's Ouster
The Delaware Court of Chancery ruled Friday that an executive's January removal from the board of kids phone company Gabb Wireless was invalid, saying the stockholder vote to strip Stephen Dalby from his position was orchestrated by obscuring that the company's early investors were behind the ouster.
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August 29, 2025
3rd Circ. Backs Walmart In Opioid Securities Disclosure Suit
A proposed class action by Walmart investors claiming the company misled them by failing to disclose a federal opioid investigation was rejected Friday by the Third Circuit, which held the retailer's U.S. Securities and Exchange Commission filings were not false or misleading.
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August 29, 2025
Del. Justices Say Mattel Sleeper Suit Not Ripe For Review
The Delaware Supreme Court has declined to step in and review a pretrial order in an insurance dispute in which Mattel Inc. and Fisher-Price Inc. seek coverage of settlements in suits over infant injuries, saying a review at this time would not terminate the case, and that there's no reason not to wait for it to be resolved at the trial court.
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August 29, 2025
Quinn Emanuel, Nano Dimension Debate $30M Fee Spat Venue
Quinn Emanuel Urquhart & Sullivan LLP has urged a Massachusetts federal court to send a dispute over $30 million in legal fees allegedly owed by former client Desktop Metal back to state court to hash out claims with its parent company Nano Dimension, while Nano says the dispute belongs in Texas bankruptcy court.
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August 29, 2025
Concrete Co. Challenges Stockholder's Second Books Suit
Attorneys for a concrete company taken private in an $11.5 billion merger in February have called for dismissal of a stockholder's document suit, saying he lost standing to sue for deal-related books and records when he dropped an earlier books demand and challenged the merger outright.
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August 29, 2025
Ex-NephroSant CEO Gets Docs Claim Tossed In Fee Row
A Delaware vice chancellor has granted a request from NephroSant Inc.'s founder and former CEO to toss a counterclaim alleging she unlawfully accessed and deleted confidential company documents amid an investigation into her conduct, as she continues to fight to have the company cover her legal costs.
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August 29, 2025
Furniture Co. Walker Edison Hits Ch. 11 With Quick Sale Plans
Online furniture retailer Walker Edison filed for bankruptcy in Delaware to hold a swift Chapter 11 auction and press on with litigation alleging its former owners saddled it with unsustainable debt to fund a dividend.
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August 28, 2025
3rd Circ. Agrees Natera Doesn't Owe $45M In False Ad Fight
The Third Circuit Thursday affirmed a lower court's decision to take genetic testing company Natera off the hook from paying $45 million in damages to rival CareDx, saying in an unpublished opinion that CareDx failed to prove Natera actually deceived consumers through false statements about a Natera test's superiority.
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August 28, 2025
CBP, ITC Say Masimo Suit Over Apple Watch Ruling Misplaced
The U.S. International Trade Commission and U.S. Customs and Border Protection balked at Masimo's request that a D.C. federal court temporarily block a ruling allowing imports of redesigned Apple Watches despite the companies' patent dispute, saying it's seeking relief in the wrong places.
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August 28, 2025
Del. Judge Rejects J&J Unit's $12M Interference Claim
Johnson & Johnson unit DePuy Synthes Sales Inc. could not persuade a Delaware federal judge that it invented the technology behind an RSB Spine LLC spinal fusion surgery patent a jury says it owes $12 million for infringing.
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August 28, 2025
Attys, Judge Mull Next Steps In 'Ugly House' Trademark Trial
A Delaware federal judge took a stab on Thursday at focusing post-trial briefing after three days of testimony on home-selling franchise HomeVestors of America Inc.'s claims that Warner Bros. Discovery's "Ugliest House In America" series has infringed its trademarks and confused customers.
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August 28, 2025
Yellow Corp. Shareholders Blast 4th Try At Ch. 11 Plan
Yellow Corp.'s largest public shareholders are ripping the trucking company's fourth attempt at getting a Chapter 11 liquidating plan approved, telling a Delaware bankruptcy judge the newest one would leave "the fox guarding the henhouse."
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August 28, 2025
Energy Dept. Extends Pa. Plant's Lifespan, Citing Power Risks
U.S. Department of Energy Secretary Chris Wright on Thursday ordered PJM Interconnection and Constellation Energy to continue operating a Pennsylvania power plant that was supposed to have closed in May.
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August 28, 2025
Chancery Says Docket For 'Routine' Matters Shows Success
As it continues to pursue ways to streamline its docket and ease burnout concerns for its judges, Delaware's Chancery Court announced this week that a new procedure for handling "routine matters" is already showing success.
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August 27, 2025
47 AGs Push Search, Payment Platforms To Stop 'Deepfakes'
A bipartisan coalition of 47 attorneys general called on search engine giants Google, Microsoft and Yahoo, as well as PayPal, Apple and other payment platforms, to step up their efforts to stop the spread of computer-generated "deepfake" images and videos, warning about the need to protect young internet users.
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August 27, 2025
$75K In Atty Fees Awarded After $1M Ask In Trump Media Case
After much wrangling, a Delaware vice chancellor has granted a $75,000 attorney fee for ARC Global Investments II LLC, the investment sponsor behind the deal that took Trump Media & Technology Group public in 2024 — far from ARC's most recent ask of $1 million.
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August 27, 2025
3rd Circ. Backs Special Master In NFL Concussion Fee Fight
The Third Circuit on Wednesday upheld a lower court decision that rejected awarding a law firm $3,000 in fees for representing a retired NFL player in his concussion injury litigation against the league, finding a special master properly applied Pennsylvania's lien law.
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August 27, 2025
MSN Warns Justices Of 'Double Standard' In Entresto Appeal
MSN Pharmaceuticals is urging the U.S. Supreme Court to step in after the Federal Circuit barred its generic version of Novartis' blockbuster cardiovascular drug Entresto, saying the circuit court used a broad construction of the patent to find infringement and a narrow version to uphold validity.
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August 27, 2025
Chancery Pressed For Faster Track In Skechers Doc Suit
Citing post-deal deadlines for share appraisal demands, attorneys for Skechers USA Inc. stockholders asked Delaware's chancellor on Wednesday for an emergency reargument on expediting a books and records demand suit, saying that the court's "more leisurely" timetable might have overlooked the urgency.
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August 27, 2025
Solar Co. Failed To Give Proper Layoff Notice, Suit Says
Solar energy company PosiGen failed to provide proper notice before terminating hundreds of employees as part of a mass layoff affecting workers at sites in Pennsylvania, Louisiana and other states, according to a proposed class action filed in Delaware federal court.
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August 27, 2025
Feds, Blue States Clash Over Future Of EV Funding Fight
The Trump administration says its recent decision to release funding for new electric-vehicle charging infrastructure moots Democratic-led states' litigation challenging the prior revocation of the funding, but the states said they're still being harmed and their lawsuit should proceed.
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August 27, 2025
Investors Accuse Suns Owner Of Undermining Minority Stakes
Two groups holding minority stakes in the NBA's Phoenix Suns and WNBA's Phoenix Mercury sued for company documents in Delaware's Court of Chancery Wednesday, alleging there is a lack of transparency and majority owner Mat Ishbia is attempting to dilute their investment.
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August 27, 2025
DOJ Seeks To Expedite Appeal Over NJ US Atty Role Dispute
The U.S. Department of Justice asked the Third Circuit to expedite its appeal of a Pennsylvania federal judge's ruling disqualifying acting U.S. Attorney Alina Habba from overseeing two criminal cases, emphasizing the critical questions about her authority under federal law and the fact that the dispute has delayed multiple pending trials.
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August 26, 2025
Disney Prevails In Multimedia Patent Challenge At PTAB
The Patent Trial and Appeal Board has sided with Disney in its challenge to claims in a patent for marketing and distributing multimedia, finding that prior inventions rendered the claims too obvious for patent protection.
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August 26, 2025
Expert Sees No 'Ugly House' Mixup In Warner Bros. IP Case
During the second day of trial in Delaware federal court, a trademark litigation survey expert testified she found no public confusion with respect to Warner Bros. Discovery Inc.'s "Ugliest House in America" series and HomeVestors Inc.'s house-flipping business and "Ugliest House of the Year" campaign.
Expert Analysis
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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.
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NCAA Rulings Signal Game Change For Athlete Classification
A Tennessee federal court's recent decision in Pavia v. NCAA adds to a growing call to consider classifying college athletes as employees under federal law, a change that would have unexpected, potentially prohibitive costs for schools, says J.R. Webster Cucovatz at Gilson Daub.
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Bankruptcy Ruling Provides Guidance On 363 Asset Sales
HE v. Avadim Holdings, a recent ruling from the District of Delaware, underscores the principle that rejection of executory contracts does not unwind completed transfers of property and the importance of clear and precise language in sale orders and asset purchase agreements in bankruptcy cases, say attorneys at Eversheds Sutherland.
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When Reincorporation Out Of Del. Isn't A Good Idea
While recent high-profile corporate moves out of Delaware have prompted discussion about the benefits of incorporation elsewhere, for many, remaining in the First State may be the right decision due to its deep body of business law, tradition of nonjury trials and other factors, say attorneys at Goodwin.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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Terraform Case May Be Bellwether For Crypto Enforcement
The prosecution of crypto company Terraform Labs and its CEO, Do Kwon, offers a unique test of the line between lawful and unlawful conduct in digital transactions, and the Trump administration’s posture toward the case will provide clues about its cryptocurrency enforcement agenda in the years to come, say attorneys at Brooks Pierce.
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Opinion
2 Errors Limit The Potential Influence Of AI Fair Use Case
The recent opinion in Thomson Reuters v. ROSS Intelligence may have little predictive value for artificial intelligence litigation, because the decision failed to engage with an important line of case law on intermediate copying, and misapplied the concepts of commercial substitution and superseding use, says Brandon Butler at Jaszi Butler PLLC.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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What Remedies Under New Admin's SEC Could Look Like
The U.S. Securities and Exchange Commission is likely to substantially narrow the remedies it pursues over the next few years, driven by the mounting challenges it faces in court, as well as the views of its incoming chair and fellow Republican commissioners on injunctions, penalties and disgorgement, say attorneys at Milbank.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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Notable Q4 Updates In Insurance Class Actions
In a continuation of trends in property and casualty insurance class actions, last quarter insurers struggled with defending the merits and class certification of sales tax and fee suits, and labor depreciation cases, but succeeded in dismissing privacy class actions at the pleading stages, says Mathew Drocton at BakerHostetler.
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What Reuters Ruling Means For AI Fair Use And Copyright
A Delaware federal court's recent decision in Thomson Reuters v. ROSS Intelligence is not likely to have lasting effect in view of the avalanche of artificial intelligence decisions to come, but the court made two points that will resonate with copyright owners who are disputing technology companies' unlicensed use of copyright-protected materials to train generative AI models, says David Ben-Meir at Ben-Meir Law Group.
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Chancery Ruling Holds Authorized Share Takeaways For Cos.
The Delaware Chancery Court’s recent ruling in Salama v. Simon resolved statutory ambiguity in favor of boards seeking authorized share increases, and has important implications for litigators presenting extrinsic evidence in support of contract or statutory interpretation arguments, says Robin Wechkin at Sidley.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.