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Delaware
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April 24, 2025
FDIC's Hill Faces Dems' Questions Over DOGE Access, Job Cuts
U.S. Sen. Elizabeth Warren and other Democrats called Thursday for the Federal Deposit Insurance Corp. to provide details about the presence of Elon Musk's Department of Government Efficiency at the agency, citing concerns the regulator could be weakened as it looks to reduce its headcount by roughly 1,250 staffers.
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April 24, 2025
Rivian Secures Calif. State Court Win Over Investors' IPO Suit
A California state appellate court affirmed the dismissal of a suit brought against Rivian Automotive accusing the electric vehicle manufacturer and its underwriters of misleading investors ahead of its blockbuster 2021 initial public offering, finding that Rivian's articles of incorporation direct any federal securities-related claims to federal court.
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April 24, 2025
Chancery Nixes Toss Of Crypto Co. Board Cut Challenge
Stockholders of cryptocurrency mining venture Ionic Digital Inc., formed out of the bankruptcy of Celsius Network LLC in Delaware, beat a motion Thursday to toss their suit challenging a one-seat board reduction, with a trial over the matter and other related claims slated to go forward on May 8.
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April 24, 2025
Wilmington Solicitor To Step Down After 6 Years
The solicitor of Wilmington, Delaware, who has spent more than 30 years working as an attorney in the public sector, is retiring from the post after six years, the city has announced.
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April 23, 2025
NY, 11 Other States Sue Trump Administration To Block Tariffs
A dozen states are seeking to block tariffs the Trump administration imposed under the International Emergency Economic Powers Act, claiming in a lawsuit Wednesday the tariffs illegally constitute unprecedented tax hikes on Americans and violate constitutional separations of powers
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April 23, 2025
3rd Circ. Backs Health Network In Suit Over Malpractice Case
The Third Circuit on Wednesday declined to reinstate a retired lawyer's case against the Rothman Institute Orthopedic Foundation for not giving him an affidavit of merit to support medical malpractice claims against different healthcare providers, with the panel ruling the institute did not interfere with his ability to seek legal recourse.
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April 23, 2025
Meta MDL Judge Doubts Insurers' Bid To Kick Fight To Del.
A California federal judge presiding over sprawling social media personal injury multidistrict litigation doubted on Wednesday insurers' arguments their multimillion-dollar coverage fight with Meta belongs in Delaware state court, questioning how moving the case would preserve judicial resources, while observing that Hartford's pre-litigation conduct may have been in bad faith.
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April 23, 2025
Del. Justices Mull Scope Of Jenzabar Founders' Control Feud
A Delaware Supreme Court justice on Wednesday pressed an attorney for a co-founder of higher education software venture Jenzabar Inc. on whether he had adopted a "rather expansive reading" for claims of continuing wrongs in an appeal from rulings tied to a divorcing couple's sprawling battles over control of the business.
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April 23, 2025
Liberty TripAdvisor Sued In Del. For Docs On $435M Sale
A Liberty TripAdvisor Holdings Inc. stockholder sued in Delaware's Court of Chancery on Thursday for documents on the company's planned $435 million sale of its stake in online travel agency giant TripAdvisor, citing a purported lowball price for public shares and potential conflicts involving Liberty's controlling investor.
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April 23, 2025
Fed. Circ. Won't Revive Web Patent Suit Against Meta, Others
The Federal Circuit on Wednesday backed a district court's denial of an inventor's bid to undo a finding that a website hot spot patent he accused Meta, Microsoft and others of infringing was invalid, rejecting his argument he didn't get a fair shot when he was at the Federal Circuit before because U.S. Circuit Judge Pauline Newman was on an earlier panel.
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April 23, 2025
Dolphin Encounter Co. Says Ex-CEO Took Over HQ By Force
A restructuring professional retained by the bankrupt subsidiaries of The Dolphin Co. said in sworn court filings that the debtor's former CEO seized control of the business's Mexican headquarters earlier this month with the help of a cadre of armed men.
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April 23, 2025
Silvergate Settles Securities Class Action For $37.5M In Ch. 11
The parent company of Silvergate Bank has asked a Delaware bankruptcy judge to approve a new deal to settle a securities class action for $37.5 million and resolve a slew of indemnification issues in its Chapter 11, a resolution that the debtor said would save it potentially millions of dollars in legal fees.
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April 22, 2025
FTX Ch. 11 Trust Says Ex-Exec's Wife Spent $600K Since Dec.
The FTX Recovery Trust urged a Delaware bankruptcy judge to enjoin the wife of former FTX executive Ryan Salame from spending additional money that the trust said was fraudulently taken from the company before its bankruptcy filing, saying Michelle Bond has spent more than $600,000 since mid-December on legal fees, luxury vacations and credit card bills.
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April 22, 2025
Imerys Ch. 11 Plan Trial Starts With Claims Rep Uncertainty
Several critical legal questions remained open Tuesday in the Chapter 11 cases of talc producer Imerys Talc America and its affiliates as a five-day confirmation trial kicked off, but the Delaware bankruptcy judge presiding over the proceedings said they could begin despite the question marks surrounding the appointment of a future talc claims representative for a foreign co-debtor of Imerys.
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April 22, 2025
Pharmaceutical Co. Buyers Win Del. Fraud Suit Revival
Multiple reasonable interpretations of a letter agreement in a $35 million deal for three pharmaceutical companies proved enough Tuesday to trigger a Delaware Supreme Court reversal of a lower court decision tossing buyers' fraudulent inducement claims.
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April 22, 2025
Del. Suit Alleges Execs Eroded Value Of Texas Auto Repair Biz
Two investors from Florida and Canada overhauled their Delaware state court derivative shareholder lawsuit alleging gross mismanagement against executives of a Texas auto repair technology business, saying a private equity firm helped them drain the company's value and prevent it from being sold in order to artificially inflate its worth.
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April 22, 2025
Jury Issues Mixed Verdict In Surgeon's NuVasive Patent Fight
A Delaware federal jury delivered a mixed patent infringement verdict late Monday in a surgeon's case against NuVasive over spinal implant products, although damages are up in the air because the judge already rejected his $61.8 million damages bid before the trial began.
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April 22, 2025
Judge Approves Prospect Medical's Pa. Hospitals' Closure
A Texas bankruptcy judge on Tuesday approved Prospect Medical Holdings' request to close two Pennsylvania hospitals after the bankrupt operator was unable to secure another entity to run the hospitals despite support from government and community organizations to keep them open.
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April 22, 2025
Del. Justices Order Matterport CEO Cash-Out Recalculation
Delaware's Supreme Court reversed and ordered a recalculation Tuesday for a $79 million Court of Chancery ruling on additional damages and interest due a former CEO of 3D building imaging company Matterport Inc. who challenged his $80 million cash-out in a 2021 go-public sale.
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April 21, 2025
Contrarian Unit's $3.7B Citgo Bid Gets OK Despite Objections
A Delaware federal judge on Monday approved a Contrarian Capital Management affiliate's floor-setting $3.699 billion bid for Citgo's parent company, adopting the recommendation of a special master despite resistance from other bidders.
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April 21, 2025
Del. Court Nixes Litigation Support Co. Noncompete Injunction
Citing in part "overbroad" claims, Delaware's Court of Chancery denied an HKA Global Inc. preliminary injunction bid Monday seeking damages from and restrictions on former employees of the risk mitigation and litigation support company who allegedly jumped to a competitor and then lured away colleagues.
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April 21, 2025
Paramount Global, Stockholders Pause Skydance Doc Suit
Paramount Global and three pension fund stockholders have agreed to pause a suit seeking records on the entertainment giant's planned $8 billion merger with Skydance Media pending further negotiations or closing on the deal.
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April 21, 2025
PTAB Invalidates Inpria Patent But Allows It To Amend Claims
The Patent Trial and Appeal Board has invalidated all the challenged claims in an Inpria Corp. patent related to extreme ultraviolet light semiconductor processing, but allowed the company the opportunity to amend its claims.
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April 21, 2025
X Gets Arbitral Awards Booted From Workers' Severance Case
The arbitration awards a group of X workers tried to present to a Delaware federal court don't add anything to their suit claiming the social media platform owes them additional severance payments, the court ruled, striking them from the docket.
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April 21, 2025
GenapSys Fights Paul Hastings Bid To Ax Malpractice Suit
GenapSys Inc. is pushing back on Paul Hastings LLP's motion for summary judgment in the legal malpractice suit the gene sequencing company filed, contending it was not required to disclose the legal malpractice suit to a bankruptcy court.
Expert Analysis
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Losing A Motion To Dismiss Ruling Isn't Necessarily The End
A recent Delaware Court of Chancery ruling, that the Manti Group had not demonstrated any conflicts of interest favoring private equity fund operator The Carlyle Group, serves as an important reminder that a decision on a pleading motion is not the end of the story, say attorneys at Sidley.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Parsing 3rd Circ. Ruling On Cannabis, Employee Private Suits
The Third Circuit recently upheld a decision that individuals don't have a private right of action for alleged violations of New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act, but employers should stay informed as the court encouraged the state Legislature to amend the law, say attorneys at Mandelbaum Barrett.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Del. Dispatch: Lessons From Failed Albertsons-Kroger Merger
The allegations in Albertsons' lawsuit against Kroger following the grocery stores' blocked merger demonstrate how a target company can best ensure that a buyer timely and effectively complies with its obligations to pursue the necessary regulatory approvals for a deal, say attorneys at Fried Frank.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.
A Delaware bankruptcy court’s recent decision, examining trucking company Yellow Corp.’s abrupt termination of roughly 25,500 employees, offers financially distressed businesses a road map for navigating layoffs under the Worker Adjustment and Retraining Notification Act, say attorneys at King & Spalding.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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UK Lawyers Can Access Broad US Discovery To Win Cases
Given its breadth, U.S. discovery can be a powerful tool in litigation in the U.K. and other jurisdictions outside the U.S., and a survey of recent cases indicates that discovery requests made in the U.S. are likely to be granted — with many applications even proceeding without contest, say lawyers at Miller & Chevalier.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Predicting Where State AGs Will Direct Their Attention In 2025
In 2025, we expect state attorneys general will navigate a new presidential administration while continuing to further regulate and police financial services, artificial intelligence, junk fees and antitrust, say attorneys at Troutman Pepper.