Catching Up With Delaware's Chancery Court

By Jarek Rutz

The Delaware Chancery Court saw a slate of corporate law clashes this past week, from fast-moving injunction fights in consumer product and real estate markets to multibillion-dollar oversight claims against crypto executives and fresh battles over control for two sports teams.

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3rd Circ. Says Habba Barred From Serving As Acting US Atty

By Carla Baranauckas

President Donald Trump's former personal lawyer cannot serve as acting U.S. attorney for New Jersey, the Third Circuit ruled Monday in a precedential opinion holding that her appointment violated the Federal Vacancies Reform Act and undermined the constitutional safeguards of Senate confirmation.

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Chancery OKs $9.4M Deal To End Sears Take-Private Suit

By Jeff Montgomery

Terming it a settlement that is "easy to approve," a Delaware vice chancellor on Monday OK'd a $9.37 million deal to end a suit contesting investor payouts after a take-private deal for Sears Hometown and Outlet stores in 2019.

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AGs Push For Law To Boost Tribal Access To US Marshals

By Crystal Owens

Thirty-nine state attorneys general are calling on federal lawmakers to pass legislation that would allow the U.S. Marshal's Service to assist tribal law enforcement in tracking down individuals with felony warrants, saying it's vital to public safety and to address the Missing and Murdered Indigenous People crisis.

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Chancery Sets Standard In Scottish Re Case

By Jarek Rutz

The Delaware Chancery Court has signed off on the framework that will govern how scores of insurers press claims in the liquidation of Scottish Re (U.S.) Inc., issuing an opinion to spell out when courts must defer to the state insurance commissioner and when they must step in.

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Chancery Tosses Suit Challenging Auto Repair Biz Sale Nix

By Jeff Montgomery

Investors in affiliates of auto repair venture Repairify Inc. failed to show an enforceable fiduciary duty breach when they launched a derivative suit accusing the company's controller and others of snubbing a push to sell the business, a Delaware vice chancellor declared on Monday.

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Chancery Says Harassment Doesn't Breach Fiduciary Duty

By Grace Elletson

Delaware's Chancery Court tossed a suit from the founder of a credit repair company who claimed an ex-director breached his fiduciary duties by engaging in sexual harassment that led to $1.8 million in judgments, ruling that workplace sexual misconduct can't trigger corporate liability.

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Merck Wants Fed. Circ. Redo On Decision Backing Axed IP

By Adam Lidgett

German drugmaker Merck has asked the Federal Circuit to rethink its decision upholding the invalidation of claims in two patents on the blockbuster multiple sclerosis drug Mavenclad, saying the ruling creates a rule where inventors' work can later be used against them.

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Venezuela Will Challenge $5.9B Sale Of Citgo Parent

By Alex Wittenberg

Venezuela, the country's state-owned oil company and others have appealed a Delaware federal judge's order approving the $5.89 billion sale of Citgo Petroleum's parent company to an affiliate of hedge fund Elliott Investment Management LP, potentially delaying the long-awaited sale of Venezuela's most significant seizable asset.

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Series

The Law Firm Merger Diaries: How To Build On Cultural Fit

Law firm mergers should start with people, then move to strategy: A two-level screening that puts finding a cultural fit at the pinnacle of the process can unearth shared values that are instrumental to deciding to move forward with a combination, says Matthew Madsen at Harrison.

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Ex-Immigration Judge Accuses DOJ Of Political Retaliation

By Dorothy Atkins

A former Ohio immigration judge sued the U.S. Department of Justice in D.C. federal court Monday, alleging she was discriminated against and unconstitutionally fired for her liberal political beliefs while slamming the Trump administration's recent "unprecedented assault" against longstanding civil service laws that protect millions of federal employees.

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Feature

Meet The Attys Arguing Gov't Subpoena Power At High Court

By Mark Payne

Law360 introduces the lawyers appearing at the U.S. Supreme Court on Tuesday in a case focused on an anti-abortion crisis center and a state attorney general's attempt to subpoena details on its donors.

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Calif. Ban On Fee-Sharing With 'Alternative' Firms Challenged

By Jack Karp

A new law barring California lawyers and firms from sharing fees with out-of-state law firms owned by nonlawyers is unconstitutional and will harm the state's mass tort lawyers and their clients, according to a lawsuit filed last week.

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Analysis

What MDL Judges Can Get Done With A New Civil Rule

By Cara Salvatore

As the first federal procedure rule geared toward multidistrict litigation goes into effect, judges will have a new buffet of best practices to guide them, but little in the way of hand-tying mandates.

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White House Crypto Czar Hired Clare Locke Amid NYT Probe

By Aislinn Keely

The tech founder-turned-White House crypto and artificial intelligence czar David Sacks has hired defamation specialists at Clare Locke LLP to combat a New York Times investigation into potential conflicts of interest arising from his personal tech investments and role as a White House policy adviser.

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Suit Against Erika Girardi's Atty Tossed As 'Shotgun Pleading'

By Madison Arnold

A Florida federal court has dismissed a clothing company's abuse of process suit against an attorney of "Real Housewives of Beverly Hills" star Erika Jayne for being a shotgun pleading.

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