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Delaware
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December 09, 2025
3rd Circ. Won't Let Post-Gazette Duck Benefits Injunction
A Third Circuit panel is standing by its decision to let an injunction against the Pittsburgh Post-Gazette remain active while the newspaper appeals, saying it won't reconsider its Nov. 24 refusal to stay an injunction requiring the paper to restore its workers' pre-2020 benefits.
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December 08, 2025
Trump's 'Unlawful' Freeze Of Wind Projects Gets Blocked
A Massachusetts federal judge Monday blocked President Donald Trump's executive order indefinitely pausing permits for wind farm projects, ruling that the order was arbitrary and capricious and contrary to the law.
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December 08, 2025
Trump SPAC's Ex-CEO Seeks $50K Daily Sanctions In Fee Row
A former CEO of Donald Trump-tied blank check company Digital World Acquisition Corp. has urged the Delaware Chancery Court to impose a $50,000-per-day sanction against the company for allegedly "throwing a tantrum" and refusing to pay roughly $2 million of a $2.9 million and growing legal fee advancement order in connection with litigation in Florida.
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December 08, 2025
1st Circ. Keeps Planned Parenthood Funding Ban In Place
The First Circuit on Monday issued an administrative stay that temporarily keeps in place a ban on Medicaid funding for Planned Parenthood, pausing a lower court's ruling.
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December 08, 2025
Fed. Circ. Won't Revive Express Mobile's Patents Or $40M Win
The Patent Trial and Appeal Board rightfully invalidated claims of three Express Mobile web-design patents, and a Delaware federal judge properly found Shopify didn't infringe additional, related patents, the Federal Circuit held Monday.
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December 08, 2025
Chancery Blocks Opt-Out In $32M Emisphere Settlement
The Delaware Chancery Court on Monday signed off on a $32 million class settlement over Emisphere Technologies Inc.'s $1.8 billion sale to Novo Nordisk AS, rejecting Emisphere investor IsZo Capital LP's push to opt out and pursue its own claims and trimming the investors' fee request to a 23.5% cut of the fund.
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December 08, 2025
Judge Backs Cutting $800M In FTX Ch. 11 Claims
A federal appellate judge has upheld the Delaware bankruptcy court's decision to pay out almost nothing on $800 million in claims against collapsed cryptocurrency exchange FTX, agreeing with the bankruptcy judge that the crypto assets tied to those claims were essentially worthless.
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December 08, 2025
Bernstein Litowitz Corp. Founder Returns To 'Stabilize' Group
Bernstein Litowitz Berger & Grossmann LLP announced Monday that it has welcomed back a prominent shareholder lawyer to co-lead its corporate governance practice following the controversial departure of the group's former leader to launch a boutique firm.
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December 08, 2025
Del. Chancellor Finds Prince Estate Battle Will Play On
Delaware's chancellor on Monday tossed some but not all amended counterclaims in a long-running battle among some relatives of the musician known as Prince and managing members of his estate, while saying a neutral party could help resolve the case.
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December 08, 2025
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court delivered a busy first week of December, featuring commercial disputes, post-closing merger and acquisition battles and renewed scrutiny of fiduciary conduct ranging from oil and gas investments to healthcare acquisitions.
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December 08, 2025
Justices Turn Down Machine Learning Patent Eligibility Case
The U.S. Supreme Court on Monday left intact a decision that Recentive Analytics Inc. machine learning patents are invalid for claiming only abstract ideas, turning aside the company's argument in a dispute with Fox Corp. that the ruling effectively bars many artificial intelligence patents.
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December 05, 2025
Fed. Circ. Questions Whether Ingevity Can Duck $85M Verdict
The Federal Circuit spent Friday morning debating whether Ingevity Corp.'s argument that it should be immune from an $85 million antitrust verdict holds water because the chemical and carbon product maker thought it was enforcing its patent rights, even though the jury said it was illegal tying.
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December 05, 2025
SG Urges Justices To Hear Hikma's 'Skinny Label' Patent Case
The U.S. solicitor general on Friday urged the U.S. Supreme Court to hear Hikma Pharmaceuticals Inc.'s appeal of a decision reviving a patent suit involving its "skinny label" on a generic heart drug, saying the ruling puts the availability of lower-cost generics at risk.
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December 05, 2025
Constellation To Sell Power Plants For $26.6B Calpine Deal
The U.S. Department of Justice said on Friday that enforcers have reached a deal allowing Constellation Energy Corp.'s $26.6 billion purchase of Calpine Corp. to move ahead, with the sale of power plants located in Delaware, Pennsylvania and Texas.
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December 05, 2025
9th Circ. Won't Unfreeze Trump Cuts To Student Mental Health
The Ninth Circuit rejected the Trump administration's effort to undo a lower court's pause on federal funding reductions to K-12 mental health services, siding with a coalition of 16 states seeking to preserve programs established in the wake of high-profile school shootings.
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December 05, 2025
Judge Won't Lift Stay On Hopewell Drug Launch
A Delaware federal judge has shot down Hopewell Pharma Ventures' bid to lift a regulatory stay on approval of its planned generic version of German drugmaker Merck's blockbuster multiple sclerosis drug Mavenclad.
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December 05, 2025
3rd Circ. Backs NJ In-State Rule For Medical Aid In Dying
A Delaware woman with terminal cancer cannot end her life with medical assistance in New Jersey, the Third Circuit ruled Friday in a precedential opinion, finding that the Garden State residency requirement for medical aid in dying is restricted solely to New Jerseyans.
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December 05, 2025
3rd Circ. Clears Philadelphia Cops In Fatal Chase Crash
The Third Circuit ruled Friday that Philadelphia police aren't liable for the death of a bystander struck by an alleged drug dealer fleeing the cops, reasoning in a precedential decision that the officers didn't intend to harm.
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December 05, 2025
Energy Dept. Defends $7.5B Grant Cuts In Political Bias Case
The U.S. Department of Energy has urged a federal judge in Washington not to block its termination of energy project grants worth more than $7.5 billion, arguing there is no merit to claims alleging the federal government unconstitutionally targeted funds for Democratic-leaning states.
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December 05, 2025
Miss. Casino Owner Pressured Lowball Buyout, Suit Says
Former minority stockholders of a Mississippi-based gambling resort sued the casino operator's majority owner in the Delaware Chancery Court on Friday, alleging he used a coercive and information-starved tender offer to scoop up shares cheaply before the company issued a multimillion dividend.
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December 05, 2025
US Magnesium Creditors Again Ask Judge To Nix Ch. 11 Loan
US Magnesium's unsecured creditors committee has once again urged a Delaware bankruptcy judge not to give final approval to the former magnesium producer's $10 million Chapter 11 loan, saying it only benefits US Magnesium's secured lenders and parent company.
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December 05, 2025
Insurance Broker Accuses Ex-Producers Of Client, Info Theft
Insurance brokerage Trucordia told the Delaware Chancery Court that it has lost tens of thousands of dollars in annual commission revenue after two former producers diverted clients, employees and confidential information to a competing firm and their new venture in violation of various employment and equity holder agreements.
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December 05, 2025
Medline Accused In Chancery Of Withholding $10M Earnout
A Florida-based holding company and its founder have sued medical supplier Medline in the Delaware Chancery Court, alleging it deliberately refused to make a $10 million payment tied to a 2023 acquisition, missed a hard deadline and is now acting in bad faith to avoid paying the key portion of the sale price.
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December 04, 2025
Judge Weighs Venue For $146M Chilean Hospital Award Feud
A Connecticut federal judge Wednesday appeared sympathetic to arguments that a Chilean construction company's petition to enforce a $146.5 million arbitral award against Italian construction giant Webuild belongs in Italy.
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December 04, 2025
Insurance Broker Tech Leader Sued In Del. Over Market Power
Alleging potential "mid-nine figures" in damages, insurance broker software venture Ardent Labs Inc. has filed a five-count suit in Delaware's Court of Chancery accusing an industry leader — Applied Systems Inc. — of "anticompetitive conduct that violates the letter and spirit of antitrust law."
Expert Analysis
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven decisions pertaining to attorney fees in class action settlements, the predominance requirement in automobile insurance cases, how the no mootness exception applies if the named plaintiff is potentially subject to a strong individual defense, and more.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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The Crucial Question Left Unanswered In EpicentRx Decision
The California Supreme Court recently issued its long-awaited decision in EpicentRx Inc. v. Superior Court, resolving a dispute regarding the enforceability of forum selection clauses, but the question remains whether private companies can trust that courts will continue to consistently enforce forum selection clauses in corporate charters, says John Yow at Yow PC.
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Why EpicentRx Ruling Is A Major Win For Business Certainty
The California Supreme Court's recent decision in EpicentRx v. Superior Court removes a significant source of uncertainty that plagued commercial litigation in California by clarifying that forum selection clauses shouldn't be invalidated solely because the selected forum lacks the right to a jury trial, say attorneys at Clark Hill.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Drafting M&A Docs After Delaware Corp. Law Amendments
Attorneys at Greenberg Traurig discuss how the March and June amendments to the Delaware General Corporation Law affect the drafting of corporate and M&A documents, including board resolutions, governing documents, and books and records demands.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.