Law360 MVP Awards Go To Top Attys From 74 Firms

By Adam LoBelia

The attorneys chosen as Law360's 2024 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.

Read full article » | Save to favorites »

Judge Slams 'Lazy Lawyering' In Amazon Biometric Data Suit

By Rachel Scharf

The judge overseeing a proposed biometric privacy class action against Amazon Web Services Inc. in Delaware federal court chastised the plaintiffs' counsel for identically repleading a previously dismissed claim, calling the move "lazy lawyering" and warning of potential ramifications for "lying to the court."

Order attached | Read full article » | Save to favorites »

Paramount-Skydance Merger Triggers Class Atty Fight In Del.

By Jeff Montgomery

A five-firm stockholder attorney team investigating the proposed $7 billion Paramount Global-Skydance Media LLC merger has urged Delaware's Court of Chancery to put the brakes on another firm's motion for co-lead plaintiff appointment for a deal challenge, arguing that the move would reward a rush to the courthouse.

1 document attached | Read full article » | Save to favorites »

AGs Slam 4th Circ. Bid To Restore NC Abortion Drug Limits

By Brian Steele

In a joint amicus brief to the Fourth Circuit, a coalition of 17 states and the District of Columbia has said the abortion drug mifepristone is a part of women's reproductive healthcare, assailing the "needless" limits that states including North Carolina have sought to impose on the drug's access.

Brief attached | Read full article » | Save to favorites »

Chancery Keeps Better Therapeutics SPAC Suit Alive

By Katryna Perera

A Delaware vice chancellor on Friday refused to dismiss a suit challenging the take-public merger of now-defunct Better Therapeutics, saying the investors have sufficiently pleaded direct breach of fiduciary duty claims against the medical technology business' special purpose acquisition company partner and its directors.

Decision attached | Read full article » | Save to favorites »

Chancery Calls For Status Quo Order In Del Monte Loan Suit

By Jeff Montgomery

A Delaware vice chancellor has given the nod for a hold-the-status quo order sought by a collateral agent accusing Del Monte Foods Inc. officials of carrying out a corporate restructuring and "lien-stripping" said to have jeopardized lender claims under a $725 million term loan agreement.

3 documents attached | Read full article » | Save to favorites »

SunPower Corp. Gets OK For Chapter 11 Plan

By Rick Archer

A Delaware bankruptcy judge Friday approved residential solar technology company SunPower Corp.'s plans to distribute the proceeds of its asset sales to the creditors in its Chapter 11 case after hearing all objections had been resolved or put off.

Read full article » | Save to favorites »

Fed. Circ. Won't Question Reviving Vascepa Skinny Label Row

By Adam Lidgett

The Federal Circuit has said the full appellate court will not rethink a panel's decision reinstating Vascepa maker Amarin Pharma Inc.'s skinny label patent case against rival U.K. drugmaker Hikma.

Order attached | Read full article » | Save to favorites »

Avoiding Merger Disputes Via Careful LLC Agreement Drafting

The Delaware Court of Chancery recently upheld a merger in a dispute over the process of amending the target's limited liability company agreement, underscoring the importance of understanding the Delaware LLC Act default rules and careful drafting to allow for contractual modifications, says Jane Trueper at Lathrop.

Decision attached | Read full article » | Save to favorites »

5 Considerations For Obviousness-Type Double Patenting

The U.S. Supreme Court’s recent denial of certiorari for In re: Cellect highlights the current state of obviousness-type double patenting based on that case and another recent Federal Circuit decision, including that ODP is not fatal, that divisional applications are protected from ODP and more, says Fabian Koenigbauer at Ice Miller.

Read full article » | Save to favorites »

An Update On Legal Issues In The Drone Market

Marialuisa Gallozzi and Alex Slawson at Covington examine recent developments in the legal issues surrounding the growing drone market, including possible First Amendment protections, Fourth Amendment surveillance, and litigation involving criminal and civil penalties, evidentiary pursuits, and insurance.

Read full article » | Save to favorites »

Series

Home Canning Makes Me A Better Lawyer

Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

Read full article » | Save to favorites »

9th Circ. Revives Atty's ADA Suit Against Calif. Bar

By Jack Karp

The State Bar of California may not have sovereign immunity that would allow it to duck an attorney's federal lawsuit claiming it failed to provide him with adequate disability accommodations during a bar exam amid the height of the COVID-19 pandemic, the Ninth Circuit said Monday.

Read full article » | Save to favorites »

Paul Hastings Adds Baker McKenzie Employment Team In NY

By Tracey Read

Paul Hastings LLP said Monday that it has landed a top-tier, four-partner employment litigation team in New York from Baker McKenzie LLP to strengthen its East Coast practice.

Read full article » | Save to favorites »

High Court Will Review Clean Air Act Jurisdiction Cases

By Juan-Carlos Rodriguez

The U.S. Supreme Court on Monday agreed to review Tenth Circuit and Fifth Circuit rulings that reached different conclusions about whether legal challenges to U.S. Environmental Protection Agency air pollution rules belong in the D.C. Circuit.

Order List attached | Read full article » | Save to favorites »

High Court Takes Case On Sentencing For Release Infractions

By Brian Dowling

The U.S. Supreme Court on Monday agreed to address a circuit split over what factors judges can consider when sentencing a person for violating conditions of supervised release, an issue estimated to affect thousands of defendants each year.

2 documents attached | Read full article » | Save to favorites »

Judge Cites University Ties To Bow Out Of Aid-Fixing Suit

By Jared Foretek

An Illinois federal judge has recused herself from a proposed antitrust class action against 40 private colleges, reasoning that she has a relationship with one of the university defendants.

Order attached | Read full article » | Save to favorites »

Wade Says Trump Probe Plans Began Before Willis Took Office

By Kelcey Caulder

Former Fulton County special prosecutor Nathan Wade told Georgia House Judiciary Committee staff last week that Fulton County District Attorney Fani Willis planned to pursue charges against former president Donald Trump before she officially took the job and admitted to meeting with White House officials at least twice during the Georgia investigation.

Transcript attached | Read full article » | Save to favorites »

Fla. Dept.'s Ex-GC Says Gov.'s Office Directed TV Ad Letters

By Carolina Bolado

The former general counsel for the Florida Department of Health said Monday that he was directed by Gov. Ron DeSantis' office to send out letters threatening television stations with criminal prosecution if they did not pull a campaign ad promoting an abortion rights ballot initiative.

2 documents attached | Read full article » | Save to favorites »

Interview

Ex-Morgan Lewis Atty Seeks Moderation In LA County DA Bid

By Rachel Scharf

Nathan Hochman, a former federal prosecutor and onetime partner at Morgan Lewis & Bockius LLP, is running on a "hard middle" platform as he looks to unseat progressive Los Angeles County District Attorney George Gascón, the candidate told Law360 in an interview delving into his experience on both sides of the bar.

Read full article » | Save to favorites »

How Cos. Can Build A Strong In-House Pro Bono Program

During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

Read full article » | Save to favorites »