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Delaware
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July 11, 2025
3rd Circ. Nixes Rehire Of Welch's Worker In Harassment Fight
The Third Circuit on Friday vacated an order instructing Welch's to rehire a worker who was accused of using gender-based slurs toward a co-worker, saying an arbitrator needed to clarify whether she'd determined that sexual harassment occurred.
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July 11, 2025
3rd Circ. Revives Benicar MDL Fees Suit Against NJ Law Firm
The Third Circuit on Friday revived a proposed class action against Mazie Slater Katz & Freeman LLC attorneys that claims they took excessive fees from plaintiffs' settlements in multidistrict litigation over the blood pressure drug Benicar, remanding the dispute for the district court to determine whether it has jurisdiction over the case.
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July 11, 2025
MSN Beats Novartis' Patent Suit Over Entresto
A Delaware federal judge on Friday found that Novartis couldn't show that MSN Pharmaceuticals Inc. infringed a patent related to its blockbuster drug Entresto, the latest in the company's wide-ranging fight to keep a generic version of the product off the market.
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July 11, 2025
FTX Trust Says Blockchain Co. Hasn't Delivered $1.3M Coins
A recovery trust for the bankrupt cryptocurrency exchange FTX filed a Chapter 11 adversary proceeding in Delaware bankruptcy court seeking turnover of $1.3 million worth of $XION digital tokens that the debtor's subsidiaries purchased prior to the bankruptcy filing.
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July 11, 2025
Dolphin Co. Says Ex-CEO Blocked Records, Violated Orders
Dolphin encounter company Leisure Investments Holdings LLC told a Delaware bankruptcy court that its former executives ignored the court's order to submit the debtor's business records, therefore it should impose sanctions until they comply with the order.Â
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July 11, 2025
Better Therapeutics Settles SPAC Suit In Del. For $1M
Defunct telehealth provider Better Therapeutics Inc. has reached a roughly $1 million settlement with a shareholder to end a Delaware Chancery Court suit challenging its take-public merger, according to court filings.
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July 11, 2025
Dem States Drop Bid To Block Machine Gun Trigger Returns
Sixteen Democrat-led states and the District of Columbia told a Maryland federal judge Friday that they are dropping their motion to block the federal government from returning forced-reset triggers for guns to their owners, following declarations from the government and others that they would not distribute the products into states where possession is illegal.
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July 11, 2025
Bove Faults 'Heavy-Handed' Jan. 6 Cases
Third Circuit nominee Emil Bove, who is currently serving in the U.S. Department of Justice, in his post-hearing questionnaire obtained by ¼«ËÙÈü³µ on Friday, drew what he says is a distinction between condemning violence against law enforcement officers and over-prosecution of Jan. 6 rioters.
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July 11, 2025
Hess Faces Investor Suit Over $53B Chevron Deal
As the parties await the result of a critical arbitration proceeding that could sink a planned $53 billion sale of Hess to Chevron, a shareholder is arguing that the deal disproportionately benefits CEO John Hess at the expense of the company's investors.
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July 10, 2025
VC Giant Andreessen Rips Del. Courts, Plans Move To Nev.
Venture capital giant Andreessen Horowitz on Wednesday announced plans to reincorporate in Nevada, saying that it was no longer a "no-brainer" to launch a company and incorporate in the historically corporate-friendly state of Delaware.
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July 10, 2025
Fed. Circ. Backs Novartis PTAB Win Over Shilpa MS Patent
The Federal Circuit on Thursday issued a one-word order affirming a Patent Trial and Appeal Board decision invalidating claims in a Shilpa Pharma Inc. patent that it has accused Novartis Pharmaceuticals Corp. of infringing with the drugmaker's multiple sclerosis drug.
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July 10, 2025
Mo' Money Mo' Problems: Biggie Smalls' Widow Sued Over IP
A record executive has sued the Notorious B.I.G.'s widow, Faith Evans, in Delaware Chancery Court, accusing the R&B singer of improperly trying to seize control of her late husband's hip-hop music catalog, which includes chart-topping hits like "Juicy" and "Mo' Money, Mo' Problems," following his mother's recent death.
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July 10, 2025
Joann's Ch. 11 Wind-Down Plan Confirmed In Del.
The Chapter 11 wind-down plan of former arts and crafts retailer Joann Inc. received approval Thursday in Delaware bankruptcy court without opposition from any party in interest.
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July 10, 2025
Tyson Says $55M Del. Poultry Plants Win Blocks Ga. Damages
Tyson Foods wants to block any claim to damages in a poultry rendering company's antitrust lawsuit, telling a Georgia federal judge Wednesday that a Delaware state court already ruled that it overpaid to buy out the company and asserting that precludes any claims that it forced the firm into an underpriced buyout.
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July 10, 2025
Jazz Looks To Block Avadel From Asking For Sleep Drug OK
Jazz Pharmaceuticals wants a Delaware federal judge to block Avadel CNS Pharmaceuticals from seeking U.S. Food and Drug Administration approval for its Lumryz drug to treat the sleep disorder idiopathic hypersomnia, after the Federal Circuit sent the case back to the lower court.
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July 10, 2025
Dems Say 3rd Circ. Nominee Urged DOJ To Ignore Courts
Senate Democrats on the Judiciary Committee on Thursday unveiled 150 pages of documents, which they say substantiate whistleblower allegations against Third Circuit nominee Emil Bove and raise concerns about his conduct during his tenure at the U.S. Department of Justice.
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July 09, 2025
Judge Unlikely To Halt ATF Return Of 'Machine Gun' Triggers
A Maryland federal judge said she was unlikely to block settlements between the federal government and gun-component manufacturers allowing the Bureau of Alcohol, Tobacco, Firearms and Explosives to return "forced reset triggers" to their owners and questioned the standing of states that claim the returns would break their laws.
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July 09, 2025
3rd Circ. Probes 'Disruption' By Alt-Right Ex-Prof's Speech
A Third Circuit panel pressed the New Jersey Institute of Technology on Wednesday to show that what it called racist off-campus comments by a professor had caused such a disruption that it had to fire him, with one judge asking where they should draw the First Amendment line for free speech.
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July 09, 2025
Quinn Emanuel Says 'Spite' Behind Unpaid $30M Legal Tab
The new owners of a business that was forced by Quinn Emanuel Urquhart & Sullivan LLP attorneys to honor a merger agreement are refusing to pay a $30 million legal bill "out of spite," the firm has alleged in Massachusetts state court.
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July 09, 2025
Fed. Circ. Cements Arthrex PTAB Wins Over Medical Device IP
The Federal Circuit on Wednesday affirmed without explanation decisions from the Patent Trial and Appeal Board invalidating claims in a group of medical device patents challenged by Arthrex Inc.
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July 09, 2025
FDA Gets Early Win In Blue States' Abortion Pill Suit
A Washington federal judge has granted an early win to the federal government in a lawsuit from 17 Democratic attorneys general challenging the U.S. Food and Drug Administration's restrictions on access to the abortion drug mifepristone, finding the agency has properly reviewed the drug when issuing regulations.
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July 09, 2025
Stone And Tile Seller Hits Ch. 11 With $65M In Debt, Sale Plans
Mosaic Cos., the parent of stone and tile distributors Walker & Zanger and Surfaces Southeast, filed for Chapter 11 protection in Delaware with $65 million of secured debt after it struggled to rebound from pandemic-caused supply chain disruptions.
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July 08, 2025
IRhythm Argues Patent Owner's Inaction Shouldn't Doom IPRs
A heart monitoring company told the acting U.S. Patent and Trademark Office director that it shouldn't be barred from challenging a patent just because the company had known about it for 12 years, especially when the owner didn't assert it during that time.
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July 08, 2025
Breaking Down Stewart's Nonstop Discretionary Denial Orders
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart inundated the patent community in May and June with dozens of rulings altering the landscape of discretionary denials at the Patent Trial and Appeal Board. Here, ¼«ËÙÈü³µ goes through what you should know.
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July 08, 2025
Chancery OKs Spike Of Bumble Committee Stock Suit
A Delaware vice chancellor cleared the way late Tuesday for termination of a suit seeking derivative damages for Bumble Inc. arising from a $1.1 billion sale of shares by the dating app giant's private equity controller ahead of a stock drop allegedly fueled by bad news in late 2021.
Expert Analysis
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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How Courts Weigh Section 1782 Discovery For UPC Cases
A look at cases from six different federal district courts reveals a number of discretionary factors that influence how courts consider Section 1782 discovery applications in connection with Unified Patent Court proceedings, say attorneys at Finnegan.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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2 Del. Rulings Reinforce Proof Needed For Records Demands
Two recent Delaware Court of Chancery decisions involving Amazon and Paramount Global illustrate the significance of the credible basis standard on books and records requests, underscoring that stockholders seeking to investigate wrongdoing must come forward with actual evidence of misconduct — not mere allegations, say attorneys at Cleary.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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A Higher Bar For Expert Witnesses In Drug Patent Litigation
With recent decisions emphasizing courts' growing insistence on robust methodologies in pharmaceutical patent disputes, litigators must be strategic in how they utilize expert testimony and adapt to venue-specific expectations, says Jeremy Scholem at WIT Legal.