Stockholders challenging advance notice bylaws at AES Corp. and Owens Corning urged the Delaware Supreme Court on Wednesday to revive their dismissed suits, saying boards should face fiduciary duty scrutiny the moment they adopt allegedly entrenching bylaws, not only after a proxy contest is triggered.
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THURSDAY, FEBRUARY 5, 2026 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Stockholders Ask Del. Justices To Revive Bylaw Suits

By Jarek Rutz

Stockholders challenging advance notice bylaws at AES Corp. and Owens Corning urged the Delaware Supreme Court on Wednesday to revive their dismissed suits, saying boards should face fiduciary duty scrutiny the moment they adopt allegedly entrenching bylaws, not only after a proxy contest is triggered.

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Class Attys In Del. Northwest Biotherapeutics Praise Deal

By Jeff Montgomery

Delaware Chancery Court has lined up a March 16 settlement hearing for a four-year stockholder lawsuit alleging insiders of Northwest Biotherapeutics Inc. received $40 million in stock awards, with proposals including a call for the company to forfeit nearly 22.9 million stock options and it receiving $2.25 million.

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Law360 Seeks Members For Its 2026 Editorial Boards

Law360 is looking for avid readers of our publications to serve as members of our 2026 editorial advisory boards.

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POLICY & REGULATION

FERC Says Rejection Of PJM Grid-Planning Change Was Sound

By Keith Goldberg

The Federal Energy Regulatory Commission has defended its rejection of a plan that PJM Interconnection, a regional transmission organization, brokered with transmission owners to make grid-planning decisions without the approval of the regional grid operator's members committee, saying the plan would undermine the independence of PJM.

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COURT OF CHANCERY

Brief

Chancery Asked For 120-Day Stay Of Virgin Galactic Suit

By Jarek Rutz

The Delaware Chancery Court has been asked to temporarily pause a stockholder derivative suit accusing Virgin Galactic founder Richard Branson and other leaders of the spaceflight company of concealing safety risks while selling stock, as related litigation over similar allegations moves toward possible settlement in federal court.

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BANKRUPTCY COURT

American Signature Furniture Gets Ch. 11 Sale OK In Del.

By Jeff Montgomery

The bankrupt American Signature Furniture secured approval late Wednesday to move forward with a nearly $159 million sale to its top creditors — interests of the Schottenstein family of companies — after they emerged as the sole bidders in the company's Chapter 11 sale in Delaware.

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THIRD CIRCUIT

3rd Circ. Asks If Death Scene Photo Row Is Privacy Matter

By P.J. D'Annunzio

The Third Circuit on Wednesday pondered whether the mother of a man who jumped from a bridge to his death was entitled to privacy after a Philadelphia police officer shared a photo of the man's death scene, focusing its questioning on whether there was a reasonable expectation of privacy concerning a public death.

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3rd Circ. Ponders Pa. Professor's Virtual Teaching Denial

By P.J. D'Annunzio

A Third Circuit panel on Wednesday quizzed attorneys in a case involving a Kutztown University professor who was denied remote teaching accommodations about if she should have expected in-person instruction to be an essential function of her position, despite the lack of a job description or written policy saying so.

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DISTRICT COURT

Oracle Oversold AI Infrastructure Spending, Investor Says

By Lauren Berg

An Oracle Corp. shareholder has accused the company in Delaware federal court of overly promising that its increased spending on artificial intelligence infrastructure would accelerate revenue growth despite concerns about its increasing contractual reliance on OpenAI, saying OpenAI itself is beholden to "AI tailwinds continuing and its models being a market leader."

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EXPERT ANALYSIS

Series

Law School's Missed Lessons: Practicing Resilience

Resilience is a skill acquired through daily practices that focus on learning from missteps, recovering quickly without internalizing defeat and moving forward with intention, says Nicholas Meza at Quarles & Brady.

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LEGAL INDUSTRY

Paul Weiss' Karp Steps Back After Epstein Email Revelations

By Hailey Konnath and Aebra Coe

Longtime Paul Weiss Rifkind Wharton & Garrison LLP chair Brad S. Karp has resigned from his leadership role, the firm announced Wednesday, a move that comes after the U.S. Department of Justice released numerous emails between Karp and Jeffrey Epstein.

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Baker McKenzie To Downsize Business Professional Jobs

By Tracey Read

Baker McKenzie, which has a legal services hub in Tampa, Florida, is in the process of downsizing business professionals' jobs, a firm spokesperson confirmed to Law360 Pulse on Wednesday.

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Ex-DLA Piper Partner Aims To Toss Claim He Raped Associate

By Jack Karp

Allegations that an ex-DLA Piper partner raped a former Boston-based associate in Delaware in 2022 should be tossed since the Massachusetts state court the case was filed in has no jurisdiction over the Delaware claim, according to the accused former partner.

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Goldstein Accountant Admits Tax Return Errors

By Jared Foretek

A star government witness and the top outside accountant for SCOTUSblog founder Thomas Goldstein and his law firm admitted to making mistakes on Goldstein's tax returns and offering the grand jury erroneous testimony, under cross-examination in the U.S. Supreme Court lawyer's tax fraud trial Wednesday.

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Analysis

Clemency Was 'Broken' Long Before Trump. Can It Be Fixed?

By Phillip Bantz

President Donald Trump has transformed what has historically been a bureaucratic process for seeking federal pardons and commutations into a more freewheeling affair with few clear rules — and no easy solutions for reform, experts say.

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Wachtel Missry Settles Liability In $26M Atty Malpractice Case

By Emily Sawicki

A dispute over who is liable for a former Wachtel Missry LLP partner's alleged exploitation of an elderly client has been settled on the eve of trial, while the Brooklyn federal judge declined to consider recusing himself despite "inadvertently" meeting with the firm's founding partner before the matter was fully put to rest.

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Ex-Fox News Host Decries Judge Pick's Arbitration Stance

By Courtney Buble

Gretchen Carlson, a former Fox News anchor and a leading advocate for ending forced arbitration of sexual harassment and assault in the workplace, has come out against a federal judicial nominee for Louisiana for her past comments on the issue.

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Trump Bid To Move NY Appeal Faces 'Fatal' Error, Judge Says

By Frank G. Runyeon

A Manhattan federal judge on Wednesday repeatedly aired doubts that President Donald Trump can upend the pending New York state appeal of his hush-money conviction by moving the case to federal court.

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Promo that reads 2025 Practice Groups of the Year

LAW FIRMS IN TODAY'S NEWS

Ashby & Geddes

Baker McKenzie

Barton Gilman

Bernstein Litowitz

Ciardi Ciardi

Cole Schotz

Cravath Swaine

DLA Piper

Gibson Dunn

Goldstein & Russell

Grant & Eisenhofer

Hamilton Lincoln

Jones Day

K&L Gates

Kelley Drye

Kessler Topaz

Leach & Walker

Lehotsky Keller

Libby Hoopes

Marshall Dennehey

Munger Tolles

Nelson Mullins

Olshan Frome

Pachulski Stang

Paul Weiss

Pollard PLLC

Pryor Cashman

Purcell & Lefkowitz

Quarles & Brady

Richards Layton

Rosenberg Freedman

Seyfarth Shaw

Shah Litigation

Shapiro Arato

Smith Katzenstein

Steptoe LLP

Sullivan & Cromwell

Wachtel Missry

Whiteford Taylor

Wright & Talisman

COMPANIES IN TODAY'S NEWS

Apollo Global Management LLC

Binance Holdings Ltd.

Blue Owl Capital Inc.

CreditSights Inc.

Deloitte Touche Tohmatsu Ltd.

LinkedIn Corp.

New York University

Northwest Biotherapeutics Inc.

OpenAI OpCo LLC

Oracle Corp.

Owens Corning Corp.

PJM Interconnection LLC

Parabellum Capital LLC

Rothschild & Co. SCA

S&P Global Inc.

The AES Corp.

The New York Times Co.

Value City Furniture Inc.

Virgin Galactic Holdings Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Alaska Department of Law

Delaware Court of Chancery

Executive Office of the President

Federal Election Commission

Federal Energy Regulatory Commission

Internal Revenue Service

Manhattan District Attorney's Office

National Archives and Records Administration

Superior Court of Massachusetts

U.S. Attorney's Office for the District of Maryland

U.S. Bankruptcy Court for the District of Delaware

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Department of Justice

U.S. District Court for the District of Alaska

U.S. District Court for the District of Delaware

U.S. District Court for the District of Maryland

U.S. District Court for the Eastern District of Louisiana

U.S. District Court for the Eastern District of New York

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Arkansas

U.S. District Court for the Western District of Missouri

U.S. District Court for the Western District of Texas

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court