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Delaware
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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.
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October 29, 2025
Tesla Urges Del. Justices To Cut $176M Atty Fee In Options Suit
Warning of a "shaking of public confidence," a Tesla Inc. attorney on Wednesday asked Delaware's Supreme Court to cut a $176.2 million class attorney fee award to $40 million in a case that saw Delaware's chancellor cancel $730 million in the electric car company's director stock options.
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October 29, 2025
Energy Co. Asks 3rd Circ. To Undo Union Arbitration Ruling
A nuclear power plant operator told a Third Circuit panel Wednesday that a healthcare plan dispute with union workers should not be considered arbitrable because it stemmed from an old agreement that fell outside the collective bargaining agreement's arbitration provision.
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October 29, 2025
Full 9th Circ. To Rehear Portland National Guard Challenge
The full Ninth Circuit court will reconsider last week's panel ruling that was poised to allow the Trump administration to federalize and deploy National Guard troops to Portland, Oregon, according to an order issued Tuesday by Chief U.S. Circuit Judge Mary Helen Murguia.
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October 28, 2025
5 Federal Circuit Clashes To Watch In November
The Federal Circuit's argument calendar for November includes a challenge to an Idaho state law aimed at hindering "patent trolls," and a bid to revive a $40 million jury verdict against Shopify that a judge discarded, citing "unclear" testimony from the patent owner's expert.
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October 28, 2025
Perceptive Asks Chancery To Block Kindbody Ex-CEO's NY Suit
Attorneys for senior lenders to nationwide fertility clinic chain Kindbody Inc. told a Delaware vice chancellor Tuesday that amendments to a former CEO's suit against the company's controlling lenders and directors in New York triggered a right to pull the dispute into Delaware's Court of Chancery.
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October 28, 2025
Unsecured Creditors Blast Mountain Sports' Ch. 11 Plan
A pair of unsecured creditors of sports retailer Mountain Sports have asked a Delaware bankruptcy judge to reject the company's Chapter 11 plan disclosure, saying the plan attempts to split their claims into a separate creditor class to undermine their power in a vote on the plan.
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October 28, 2025
Exactech Gets Another $19M In DIP Funds Ahead Of Sale
Joint implant maker Exactech Inc. received a Delaware bankruptcy judge's permission Tuesday to borrow an additional $19.1 million in its Chapter 11 case as the company works to complete an asset sale by the end of the week.
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October 28, 2025
Akin Beats Malpractice Claim Over Alleged IP Theft Plot
A Third Circuit panel on Tuesday refused to revive a malpractice claim against Akin Gump Strauss Hauer & Feld LLP lodged in a lawsuit that accused attorneys of manipulating patent litigation to steal a former Cornell University graduate student's DNA sequencing intellectual property.
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October 28, 2025
26 AGs Sue USDA Over Suspension Of Nutrition Benefits
The U.S. Department of Agriculture's decision to suspend Supplemental Nutrition Assistance Program benefits amid the ongoing government shutdown is an abuse of discretion that threatens to take food away from millions of people, according to a lawsuit filed Tuesday by 25 states and the District of Columbia.
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October 28, 2025
HHS Can't Yet Yank Sex Ed Grants Over 'Gender Ideology' Info
An Oregon federal judge has halted the U.S. Department of Health and Human Services' plans to revoke federal funding for teen sexual health education programs that included "gender ideology," agreeing with states that this is likely a case of executive overreach.
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October 28, 2025
Dental Co. Tells Chancery Ex-Executive Stole Business
A California dental lab sued the former CEO of one of its subsidiaries in the Delaware Chancery Court, saying he violated a multimillion-dollar sale agreement when he resigned, purchased a rival business using information he collected through his former job and is now after its customers.
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October 28, 2025
Del. Gives Nod To OpenAI Public Benefit Corp. Restructuring
Artificial intelligence giant OpenAI reported Tuesday that it will convert its Delaware-chartered LLC into a public benefit corporation in the same state after months of wide-ranging negotiations with civic and industry leaders and state justice officials in Delaware and California.
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October 27, 2025
AGs Push Congress To Close Intoxicating Hemp Loophole
Attorneys general from 39 states and U.S. territories are urging Congress to quash the intoxicating hemp products market which they say lawmakers inadvertently created through the 2018 Farm Bill, saying the "laudable legalization of commercial hemp" must be salvaged during the 2026 appropriations process.
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October 27, 2025
3rd Circ. Hints NJ Bias Law Standard No Longer Viable
A Third Circuit panel appeared poised on Monday to reconsider the viability of the "background circumstances" test under New Jersey's Law Against Discrimination as it weighed a white former police officer's bid to revive his discrimination case through the lens of recent U.S. Supreme Court precedent in cases brought by majority-group plaintiffs.
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October 27, 2025
Defunct Biz Asks 3rd Circ. To Revive $100M Caterpillar Win
A defunct equipment importer asked the Third Circuit on Sunday to revive its $100 million contract interference damages award against Caterpillar and give it another shot at antitrust allegations accusing the company of orchestrating a boycott, arguing the district court botched key parts of the jury trial.
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October 27, 2025
Pool-Sharing Co. CEO Sued For Job Protection Poison Pill
A company that lines up third-party pool and private recreation court rentals sued its former chief executive Thursday in Delaware's Court of Chancery, alleging that the officer secretly lined up pay and benefit hikes for three other top executives to be triggered in the event of his removal.
Expert Analysis
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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.
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How Courts Weigh Section 1782 Discovery For UPC Cases
A look at cases from six different federal district courts reveals a number of discretionary factors that influence how courts consider Section 1782 discovery applications in connection with Unified Patent Court proceedings, say attorneys at Finnegan.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.