Analysis

Chancery Footnotes Raise Post-SB 21 Stir In Delaware

By Jeff Montgomery

A Delaware vice chancellor has created a stir with expansive opinion footnotes pushing back on the state Supreme Court's rejection of a controller's liability to stockholders after rechartering a business in more board-friendly Nevada, close on the heels of a bitter legislative debate over reworking Delaware corporate law.

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Tesla Asks Delaware Justices To Slash $176M Class Atty Fee

By Jeff Montgomery

Attorneys for Tesla Inc. have told Delaware's Supreme Court that counsel for stockholders who secured a disputed $735 million in savings from director cash and options rollbacks deserve less than the $176.2 million fee awarded the team.

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Expert Says DuPont Knew Of PFAS Risk At NJ Site

By George Woolston

A former U.S. Environmental Protection Agency policy adviser told a New Jersey federal court on Tuesday that E.I. du Pont de Nemours knew of the risk of "forever chemicals" and failed to disclose that risk to federal and Garden State regulators despite its obligation to do so.

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Nikola Creditors Ask To Examine Founder Over $100M Award

By Yun Park

The creditors committee in Nikola Corp.'s Chapter 11 case has asked a Delaware bankruptcy court for permission to conduct discovery on the company's founder to investigate whether he is dissipating personal assets that should be used to satisfy a $100 million arbitration award owed to the debtor.

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Fortress' Power On VLSI Board Takes Spotlight At Trial's Start

By Dani Kass

Fortress Investment Group's head of intellectual property told a Texas federal jury Tuesday that his company's overlap with investment funds that run VLSI Technology and Finjan Holdings highlights its dedication to overseeing investors' best interests, not that Fortress controls the funds.

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Citgo Auction Deadline Extended Amid Venezuela Debt Fight

By Caroline Simson

A Delaware federal judge agreed Tuesday to extend a crucial deadline in a forthcoming auction of Citgo's parent company to satisfy billions of dollars of Venezuelan debt, following a "monumental" ruling in New York partially shutting down parallel litigation by creditors outside the Citgo sales process.

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Trump's WilmerHale Order Struck Down In Forceful Decision

By Dorothy Atkins

A D.C. federal judge struck down President Donald Trump's executive order targeting WilmerHale in an impassioned opinion Tuesday, writing that Trump's entire order is unconstitutional, and "to rule otherwise would be unfaithful to the judgment and vision of the Founding Fathers!"

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Feds Ask Justices To Lift Due Process Order For Migrants

By Julie Manganis and Chris Villani

The Trump administration on Tuesday asked the U.S. Supreme Court to halt a Massachusetts federal judge's order requiring the government to provide due process to deportees sent to countries where they have no ties, arguing that the ruling is "wreaking havoc" on the removal process.

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Atty Avoids Sanctions After Adding AI Hallucinations To Brief

By Lauraann Wood

A California attorney who represented a software company in a trade secret dispute will not be sanctioned for filing a brief that included two ChatGPT-hallucinated case citations under circumstances so unusual they "couldn't have been made up," an Illinois federal judge said Tuesday.

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ArentFox Schiff Says Workers' 'Antics' Should Get Suit Tossed

By Lauraann Wood

An Illinois federal judge handling age discrimination claims from two longtime former ArentFox Schiff LLP information technology contractors should permanently dismiss their lawsuit as a consequence for routinely destroying case evidence and discarding their mobile phones while the litigation has been pending, the firm says.

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CFTC Member Speaks On Agency Exits: 'Not A Great Situation'

By Jessica Corso

Departing U.S. Commodity Futures Trading Commission member Christy Goldsmith Romero said Tuesday that a possible leadership void at the agency could do a "great disservice to regulation" at a time when Congress is thinking of handing the agency the keys to the cryptocurrency industry.

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'I Need To Be Careful': Judge Wades Into Musk-Firm Conflict

By Jessica Corso

A New York federal judge questioned his authority to weigh in on Bernstein Litowitz Berger & Grossmann LLP's hiring decisions after it sought permission to employ a former U.S. Securities and Exchange Commission attorney who Elon Musk claims could disadvantage him in a shareholder lawsuit, asking the firm and Musk to brief him on what may be an issue of first impression.

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Trump, Ex-Copyright Head Duel Over Her Firing

By Adam Lidgett

Former U.S. Copyright Office director Shira Perlmutter on Tuesday said a Washington, D.C., federal judge should ignore the Trump administration's argument that her recent firing was legal, the latest salvo in her lawsuit against the federal government as she seeks to block her removal.

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Trump To Pardon 'Chrisley' Stars Convicted Of Tax Evasion

By Anna Scott Farrell

President Donald Trump is planning to pardon reality TV stars Todd and Julie Chrisley, the Georgia duo sentenced to prison after being convicted of running a yearslong bank fraud scheme and dodging federal taxes, according to a post Tuesday on X by Trump's communications adviser.

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Crypto Industry Urges CFTC Action On Perpetual Contracts

By Aislinn Keely

Derivatives marketplaces and cryptocurrency firms told the U.S. Commodity Futures Trading Commission that setting rules for so-called perpetual derivatives would bring significant crypto trading activity onshore, but the regulator will have to contend with round-the-clock trading, novel risks and characteristics that don't fit neatly into existing classifications.

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Tort Report: 'High-Low' Deal Nets Plaintiff Extra $10M

By Y. Peter Kang

A last-minute "high-low" agreement that turned out to be a stroke of genius by lawyers for an injured motorcyclist and a $26 million verdict for a crash caused by a postal worker lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

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Calif. Bar Seeks More Remedies After Problematic Feb. Exam

By Emily Sawicki

The state bar of California has formally asked the state Supreme Court to approve measures including a limited provisional licensure program and a more direct pathway to admission for out-of-state attorneys, in the state bar's latest attempt to seek equitable remedies amid the fallout from the bungled February 2025 California bar exam.

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Titan Of The Plaintiffs Bar: Slater Slater's Adam Slater

By Jonathan Capriel

Securing multibillion-dollar settlements against major institutions like the Boy Scouts and Catholic dioceses on behalf of thousands of victims who were sexually assaulted as children has become Adam Slater's life work, but at least some of the skills he's used to secure this monetary justice come from his years as a poker player.

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