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July 28, 2025
Judge Again Cites Bias In NIH Fund Freeze As Gov't Appeals
A Massachusetts federal judge on Monday reiterated his conclusion that the Trump administration's freeze of $783 million worth of National Institutes of Health grants was based on "palpable" gender and racial discrimination, as he acknowledged a pending request by the government to the U.S. Supreme Court to stay his order that the money be released.
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July 28, 2025
Judge To Weigh If FTX Prosecutors Broke Plea Promise
A Manhattan federal judge said Monday he will investigate an allegation by crypto lobbyist Michelle Bond that she was charged with campaign finance crimes despite a promise that a guilty plea by her husband, former FTX executive Ryan Salame, would leave her in the clear.
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July 25, 2025
Coffee Co. Says Tech Firm Brewed Trademark Conflict
A coffee roaster is accusing a coffee-focused tech firm of wrongly trademarking the phrase "meet the farmer" and waging an anticompetitive campaign to damage the roaster over its use of the phrase.
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July 25, 2025
AI Tech Co. Execs Sued Over Insider Trading, Related Claims
A UiPath stockholder has sued the company's current and former top brass in Delaware Chancery Court, alleging they schemed to discount UiPath's artificial intelligence-related services to pump up business while trading on insider information and reaping more than $500 million in total proceeds.
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July 25, 2025
Real Estate Recap: Private REITs, Farms, Crypto In Escrow?
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney perspectives on private real estate investment trusts, national security concerns raised by farmland and a recent California listing that could lead to the state's largest real estate deal using digital currency.
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July 25, 2025
Kalshi Tells 3rd Circ. Fed Law Bars NJ From Restricting Its Biz
Sports betting company Kalshi's so-called prediction market that allows users to wager on the outcome of real-world events counts as a federal derivative exchange and, as a result, can't be regulated by state enforcers, the gambling company told the Third Circuit.
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July 25, 2025
Sports & Betting Cases To Watch In The Second Half Of 2025
Certain court cases have become staples on both the midyear and end-of-year must-watch lists in sports and betting at Law360. One that seemed best positioned to finally fall off the list, as it turns out, is far from over: the multibillion-dollar NCAA settlement regarding name, image and likeness payments and revenue sharing with hundreds of thousands of college athletes. A handful of other suits from past years will also continue to bear watching through the end of 2025.
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July 25, 2025
Venezuela Urges Del. Judge To Reject $7B Citgo Sale
Venezuela called on a Delaware federal judge to reject a Gold Reserve subsidiary's $7.4 billion bid to buy Citgo's parent company, arguing that the purchase price is well below half of the shares' fair market value of $18.6 billion.
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July 25, 2025
Insurers Seek Quick Win Over Meta Social Media Suits
Various Hartford and Chubb units told a Delaware state court they should have no duty to defend Meta Platforms Inc. in thousands of pending lawsuits accusing the social media giant of deliberately designing its platforms to be addictive to adolescents, arguing there was no insurable "accident" that allegedly occurred.
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July 25, 2025
Reviewing Stewart's Latest Discretionary Denial Decisions
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart issued just eight discretionary denial decisions over the last week, including one that addressed arguments tying in the Biologics Price Competition and Innovation Act for the first time.
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July 25, 2025
3rd Circ. Won't Revive Unraised Claims In Immigration Appeal
The Third Circuit has rejected a Guatemalan mother and son's bid to overturn the Board of Immigration Appeals' denial of asylum and other removal protections, ruling that the board's summary affirmance of the underlying immigration judge's decision can't revive unexhausted claims.
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July 25, 2025
NGM Biopharma Investors Take $6M Deal To End Sale Suit
The Column Group and former stockholders of NGM Biopharmaceuticals have agreed to settle for $6 million a Delaware Court of Chancery lawsuit challenging NGM's $135 million, $1.55-per-share sale to The Column Group, its pre-deal venture capital controller.
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July 25, 2025
3rd Circ. Won't Review $3.2M Wawa Breach Fee Award
The Third Circuit on Thursday won't revisit its prior decision upholding $3.2 million in fees to plaintiffs' counsel in a case that secured a $12 million deal for Wawa shoppers affected by a data breach after attorney Ted Frank argued the fees were disproportionate to the class' recovery.
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July 25, 2025
Charter School Funder Can Sell Business For $80M In Ch. 11
A Delaware bankruptcy judge on Friday allowed Charter School Capital Inc., a company that provides funding for charter schools across the country, to sell its business for $80 million, $15.5 million of that in cash.
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July 25, 2025
Chancery Tosses UpHealth Affiliate's Suit For SPAC Damages
Pointing to "numerous defects" in the complaint, a Delaware vice chancellor on Friday tossed every count in a suit filed by investors who alleged they were misled in the run-up to a multi-business special purpose acquisition company deal to take public now-bankrupt UpHealth Holdings and Cloudbreak Health.
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July 25, 2025
Dentons Stalling Discovery In Terraform Ch. 11, Court Told
The bankruptcy plan administrator for failed cryptocurrency platform Terraform Labs has accused Dentons US LLP of blocking his discovery requests in an attempt to secure final approval of some $25 million in fees, saying the law firm is seeking to "run out the clock" to dodge an investigation into its role in Terraform's collapse.
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July 24, 2025
Trump Admin Asks Justices To Stay Block On NIH Grant Cuts
The Trump administration on Thursday urged the U.S. Supreme Court to stay a district court's preliminary injunction so that the National Institutes of Health can resume terminating $783 million in grants, saying the lower court, under a recent high court ruling, lacked jurisdiction to make the government pay the grants.
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July 24, 2025
Tyson's $55M Delaware Win Won't Aid Ga. Suit, Rival Says
Poultry rendering company American Proteins Inc. told a Georgia federal judge Wednesday that a Delaware court's award of $55 million to Tyson Foods for overpaying to acquire the company has no bearing on their antitrust suit over whether Tyson forced the buyout through strong-arm tactics.
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July 24, 2025
JBS S.A. Sued In Del. Over Pilgrim's Pride Control Moves
Pension fund stockholders of poultry industry giant Pilgrim's Pride Corp. have sued Brazil-based meat giant JBS S.A., its affiliates and its Pilgrim's board appointees in Delaware's Court of Chancery, alleging actions that unfairly increased JBS' clout and access to dividends and tax benefits at minority shareholder expense.
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July 24, 2025
Fiber Co. Tilson Sues Gigapower For Breach Of Contract
Fiber network developer Tilson Technology Management Inc. has filed a lawsuit in Texas against joint venture Gigapower LLC, alleging wrongful breach of contract tied to large-scale infrastructure projects that ultimately pushed Tilson into bankruptcy.
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July 24, 2025
FTX Ends 6 Suits Over Political Donations In Ch. 11
Fallen cryptocurrency exchange FTX has agreed to dismiss adversary proceedings in Delaware bankruptcy court against six political organizations, lawsuits that were aimed at recovering roughly $28.75 million in donations made to the groups prior to FTX's bankruptcy.
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July 24, 2025
Green Groups Cleared To Join EV Funding Freeze Challenge
A Washington federal judge will let the Sierra Club and other environmental organizations enter a multistate lawsuit against the federal government seeking to preserve funding for new electric-vehicle charging infrastructure, concluding the groups have a significant interest in protecting the project funds.
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July 24, 2025
Chancery OKs $12.75M Settlement In MoneyLion SPAC Suit
Saying parts of the deal "reflect a poster-child scenario for the problems and malincentives associated with the de-SPAC form," a Delaware vice chancellor on Thursday approved a $12.75 million settlement in a stockholder suit challenging a take-public deal for digital finance platform MoneyLion.
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July 24, 2025
Senate Tees Up Vote On Emil Bove To 3rd Circ.
The Senate voted 50-48 on Thursday to tee up the confirmation of Emil Bove to the Third Circuit, which will likely happen next week.
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July 24, 2025
3rd Circ. Rules Philly Injection Site Equals Religious 'Person'
A nonprofit battling government resistance to its planned safe drug injection site in Philadelphia can qualify for religious freedom protections, the Third Circuit said in a precedential opinion on Thursday, reasoning the organization meets the definition of a "person" practicing religion.
Editor's Picks
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DocuSign's Bad Conduct Warrants Fee Shift, Ex-CEO Says
DocuSign's ex-CEO wants the Delaware Chancery Court to order the e-signature company to pay at least $709,000 for legal fees he has incurred in litigation alleging the company tried to "bully" him into resigning from its board and made false filings saying he resigned as a director.
Expert Analysis
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New DOJ Penalty Policy Could Spell Trouble For Cos.
In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.
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High Court Cert Spotlights Varying Tests For Federal Removal
A recent decision by the U.S. Supreme Court to review Chevron v. Plaquemines Parish, a case involving the federal officer removal statute, highlights three other recent circuit court decisions raising federal removal questions, and serves as a reminder that defendants are the masters of removal actions, says Varun Aery at Hollingsworth.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.
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3rd Circ. Bias Ruling Offers Safety Policy Exception Lessons
The Third Circuit's decision in Smith v. City of Atlantic City, partially reinstating a religious bias suit over a policy requiring firefighters to be clean-shaven, cautions employers on the legal risk of including practical or discretionary exceptions in safety procedures, say Joseph Quinn and Mark Schaeffer at Cozen O'Connor.
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APA Relief May Blunt Justices' Universal Injunction Ruling
The Administrative Procedure Act’s avenue for universal preliminary relief seems to hold the most promise for neutralizing the U.S. Supreme Court’s decision in Trump v. CASA to limit federal district courts' nationally applicable orders, say attorneys at Crowell.
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Building Better Earnouts In The Current M&A Climate
In the face of market uncertainty, we've seen a continued reliance on earnouts in M&A deals so far this year, but to reduce the risk of related litigation, it's important to use objective standards, apply company metrics cautiously and ensure short time periods, among other best practices, say attorneys at White & Case.
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Managing Risks As State AGs Seek To Fill Enforcement Gap
Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.
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Special Committees Gain Traction In Chapter 11 Investigations
Excerpt from Practical Guidance
Tara Pakrouh at Morris James discusses why special committees are becoming more common in Chapter 11 bankruptcies, how they've been used in real cases and what makes them effective.
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How Real Estate Funds Can Leverage Del. Statutory Trusts
Over the last two years, traditional real estate fund sponsors have begun to more frequently adopt Delaware Statutory Trust programs, which can help diversify capital-raising strategies and access to new sources of capital, among other benefits, say attorneys at Polsinelli.
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Litigation Inspiration: How To Respond After A Loss
Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.
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FDA's Hasty Policymaking Approach Faces APA Challenges
Though the U.S. Food and Drug Administration has abandoned its usual notice-and-comment process for implementing new regulatory initiatives, two recent district court decisions make clear that these programs are still susceptible to Administrative Procedure Act challenges, says Rachel Turow at Skadden.
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The Metamorphosis Of The Major Questions Doctrine
The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.
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'Loss' Policy Definition Is Key For Noncash Settlements
A recent Delaware decision in AMC Entertainment v. XL Specialty Insurance, holding that the definition of loss includes noncash settlement payments, is important to note for policyholders considering other settlement options — like two other class actions that recently settled for vouchers, say attorneys at Reed Smith.
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Series
Playing Mah-Jongg Makes Me A Better Mediator
Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.