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November 20, 2025
Thomson Reuters Balks At AI Co.'s Fair Use Appeal
Thomson Reuters wants the Third Circuit to back a district court's decision that an artificial intelligence-powered legal search engine's use of Westlaw headnotes did not constitute fair use, saying the AI company "pilfered" copyrightable content to make a competing business.
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November 20, 2025
Chancery Nixes Toss Of West Coast Diner Failure Suit
Three fiduciaries of a now-shuttered Pacific states restaurant chain and its affiliates must face a claim in Delaware that they breached or aided breaches of fiduciary duties to the venture's Oregon-based affiliate, brought by an investor that pumped $18 million into the business, a vice chancellor ruled on Wednesday.
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November 20, 2025
Where Apple And Masimo's Watch Patent Fight Stands Now
The high-octane fight between Apple and Masimo over smartwatch patents escalated again last week, when a California federal jury hit Apple with a $634 million infringement verdict and the U.S. International Trade Commission agreed to assess whether its redesigned products infringe Masimo's patents.
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November 20, 2025
Chancery Says $33M Nikola Deal 'More Than Fair'
Delaware Chancellor Kathaleen St. J. McCormick granted final approval Thursday to a pair of settlements totaling more than $33 million, including more than $1.8 million in fees and expenses, resolving years of shareholder litigation tied to Nikola Corp.'s fraud-shadowed SPAC merger.
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November 20, 2025
Pa. Paper Asks 3rd Circ. To Stay Healthcare Restoration
The Pittsburgh Post-Gazette urged the Third Circuit to pause its obligation to restore workers' union healthcare plan while it challenges a recent ruling that its shift to a company plan violated federal labor law, saying the order threatens to impose costs it can't recover if it wins its challenge.
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November 20, 2025
Del. Court OKs Marriott Role In Sonder Ch. 7 Wind-Down
A Delaware bankruptcy judge has approved Marriott International Inc.'s limited management intervention in a sudden liquidation by former short-term rental partner Sonder Hospitality Holdings, after Marriott cited risks to guests from Sonder's lockdown and Chapter 7 filing.
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November 20, 2025
Ex-Flooring Co. CEO Sues Over $0 Stock Repurchase
The former CEO of a Pennsylvania-based flooring company has filed a lawsuit in the Delaware Chancery Court accusing two acquiring companies of weaponizing a cause termination to justify repurchasing his equity for zero dollars after he pursued an outside career opportunity.
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November 20, 2025
Ex-SDNY Chief Rejects Claim Of Broken FTX Plea Promise
Former interim Manhattan U.S. Attorney Danielle Sassoon told a federal judge Thursday that she never promised crypto lobbyist Michelle Bond any kind of no-prosecute deal as the government negotiated a guilty plea with Bond's husband, former FTX executive Ryan Salame.
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November 19, 2025
Med Co. Sellers Urge Del. Justices To Revive Suit
An attorney for former investors in urgent care provider CityMD urged Delaware's Supreme Court on Wednesday to reverse a lower court's dismissal of claims they were coerced into giving up purported rights to the same consideration a private equity controller received in a 2021 merger.
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November 19, 2025
La. Gets Access To BEAD Funds, 17 Other State Plans Get OK
Louisiana has become the first state to gain access to Broadband Equity, Access and Deployment program funds, according to the National Telecommunications and Information Administration, which said it has also given the green light to 17 other states and territories' final plans.
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November 19, 2025
Pool Co. Directors Hit With Derivative Suit In Del.
Three stockholders of pool equipment company Hayward Holdings Inc. sued the company's directors and officers in Delaware's Court of Chancery late Tuesday, seeking derivative damages based on claims that — after thriving during the pandemic — the company failed to report ballooning customer inventories as insiders traded on bogus, upbeat news.
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November 19, 2025
Pirate-Ship Venture Ruling Tested At Del. Supreme Court
The Delaware Supreme Court pressed attorneys Wednesday on whether a Chancery Court ruling correctly upheld decades-old stock issuances and sidestepped a final determination on a joint-venture agreement at the center of a saga involving the Whydah pirate-treasure venture.
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November 19, 2025
Food-Ingredients Sellers Say Buyer Sabotaged $72M Earnout
A holding company and two members of the family that built its subsidiary food business have accused the company's buyer in the Delaware Chancery Court of deliberately stripping them of promised operational autonomy and sabotaging its performance to avoid paying an earnout of up to $72 million.
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November 19, 2025
Latham DQ'd From Sleep Apnea Device Co.'s Patent Fight
A Delaware federal court has disqualified Latham & Watkins LLP from representing the creator of a sleep apnea implant in its patent dispute after the firm served as counsel to the rival's underwriters, saying the "appearance of impropriety is glaring."
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November 19, 2025
Dallas Stars Ask Bankruptcy Court To Stop Mavericks Suit
The owner of the Dallas Stars hockey team asked a Texas bankruptcy judge to reopen the club's 2011 bankruptcy case to enforce its confirmation order and stop a suit from the NBA's Dallas Mavericks seeking to remove the NHL team from their American Airlines Center arena lease.
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November 18, 2025
TP-Link Accuses Wi-Fi Rival Netgear Of 'Smear Campaign'
TP-Link Systems Inc. has filed suit in Delaware federal court, accusing rival Wi-Fi hardware maker Netgear Inc. of again pushing an "unlawful smear campaign" that falsely casts TP-Link products as infiltrated by the Chinese government, despite agreeing in a recent settlement that it would no longer make disparaging claims about TP-Link's business.
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November 18, 2025
J&J Unit Fights $12M Verdict While Rival Wants More Money
A Delaware federal jury was wrong when it determined that Johnson & Johnson subsidiary DePuy Synthes should pay RSB Spine $12 million for infringing spinal fusion patents under the doctrine of equivalents, DePuy said Monday.
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November 18, 2025
JPMorgan Seeks Fast-Track End To Javice's Fee Advancement
JPMorgan Chase & Co. asked the Delaware Chancery Court on Monday to cut off any more legal fee advancements to Charlie Javice, the convicted founder of college financial aid startup Frank, saying her demands for fees to appeal her criminal conviction "exceed any semblance of reasonableness."
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November 18, 2025
Delaware Chancery Atty Fee Awards Under Fire In New Report
Attorney fees in Delaware's Court of Chancery lack "consistent benchmarks" and, for big awards, may fail to reflect "risk or performance," according to a report Tuesday that potentially ratchets up pressure on state lawmakers wary of jeopardizing Delaware's standing as the national hub for corporate law disputes.
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November 18, 2025
Lugano Diamonds' $12M Ch. 11 Financing Gets Interim OK
Luxury jewelry house Lugano Diamonds & Jewelry Inc. can access up to $1.5 million in Chapter 11 financing from its majority owner as it pursues a buyer during the holiday shopping season.
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November 18, 2025
1st Circ. May Nix Trump Funding Freeze In 'Weird' Case
The First Circuit on Tuesday hinted that a federal judge may have been in bounds when blocking the Trump administration from withholding certain funds for states, expressing skepticism that the judge's order was improper or overly broad.
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November 18, 2025
3rd Circ. Backs Burger King's Win In Miscarriage Bias Suit
The Third Circuit upheld an arbitrator's ruling that Burger King didn't discriminate against an ex-employee's pregnancy when her superiors wouldn't relieve her when she miscarried during a shift, finding the arbitrator rationally determined that bias did not infect company decision-making.
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November 18, 2025
Car Services Co.'s $851M Write-Down Sparks Del. Suit
A car services conglomerate's board and senior leadership face a stockholder derivative suit filed Tuesday in the Delaware Chancery Court alleging they ignored clear signs of operational deterioration, concealed significant deficiencies in the company's internal controls and allowed public misstatements that preceded an $851 million write-down.
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November 18, 2025
Judge Questions If Trump's Say-So Makes Wind Edict Legal
A Massachusetts federal judge on Tuesday lamented a lack of clear guidance from higher courts as she considered whether wind farm permits can be put on hold indefinitely based solely on a directive from the president.
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November 18, 2025
Warner Bros. Appeals Village Roadshow's Ch. 11 Rights Sale
Hollywood studio Warner Brothers asked a Delaware bankruptcy judge on Tuesday to pause the $18.5 million sale of its bankrupt former business partner Village Roadshow's derivative film rights while it challenges the deal.
Expert Analysis
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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A Changing Playbook For Fighting Records Requests In Del.
The Delaware Supreme Court's recent decision in Wong v. Amazon, reversing the denial of an inspection demand brought by a stockholder, serves as a stark warning to corporations challenging books and records requests, making clear that companies cannot defeat such demands solely by attacking the scope of their stated purpose, say attorneys at Duane Morris.
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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.