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Delaware
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June 17, 2025
States Say Trump Admin Can't Freeze EV Charging Funds
An attorney for the Washington Attorney General's Office on Tuesday urged a federal judge in Seattle to issue a preliminary injunction requiring the Trump administration to release funding for electric vehicle charging infrastructure projects in 16 states, saying the administration cannot "go back in time" and eliminate congressionally approved funding.
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June 17, 2025
Decarb Investors Reach $8.8M Deal In Hyzon Motors SPAC Suit
An investor who challenged a $2.1 billion take-public merger for Hyzon Motors Inc. in 2021 that he says deprived them of the opportunity to make an informed choice between sticking with the deal or cashing out told a Delaware vice chancellor Monday they've settled the case for $8.8 million.
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June 17, 2025
Del. Justices Undo $200M Award In TransCanada Case
Pointing in part to an earlier appellate ruling, Delaware's highest court on Tuesday reversed a Court of Chancery decision that ordered the former TransCanada Corp. to pay $199 million to former Columbia Pipeline Group Inc. shareholders allegedly shorted in a 2016 merger.
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June 17, 2025
Novartis Narrows Entresto Fight With MSN, Noratech Deals
Novartis Pharmaceuticals Corp. has come closer to fully keeping a generic version of its blockbuster drug Entresto off the market, with MSN Pharmaceuticals Inc. backing down on its most contentious appeal and Noratech Pharmaceutical settling.
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June 17, 2025
SilverRock's $60M Ch. 11 Stalking Horse Bid Gets Green Light
Acknowledging property owner and creditor valuation objections and unsettled claims, a Delaware bankruptcy judge on Tuesday approved a $60 million stalking horse offer intended to jumpstart bidding for a 134-acre tract southeast of Los Angeles that was once part of a resort development plan.
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June 17, 2025
Cannabis REIT Reckless To Claim Due Diligence, 3rd Circ. Told
Investors in a cannabis-focused real estate investment trust urged the Third Circuit on Tuesday to revive their proposed class action alleging it violated securities laws by ignoring information about a tenant, saying it was reckless to have claimed it conducted due diligence when it knew it did not.
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June 17, 2025
Commodities Scheme Operator Gets 65 Years, Owes $75M
The operator of a commodities scheme who evaded taxes and stole precious metals from his clients was sentenced to 65 years in prison and ordered to pay more than $75 million in restitution Tuesday by a Delaware federal court that also denied his request for a new trial.
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June 17, 2025
Nielsen Sues Consumer Behavior Co. Over 'Buyer's Remorse'
The Nielsen Co. has sued consumer behavior adviser Circana in Delaware Chancery Court seeking an order requiring it to close on the deal it reached to buy two of its marketing and advertising businesses, saying Circana has "buyer's remorse" despite knowing a competitor was ready to sabotage one of the businesses.
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June 17, 2025
Judge Hints Zantac Makers Likely Stuck With Cancer Risk Suit
Despite parallel litigation in Delaware, a Connecticut judge on Tuesday hinted that he might not be able to dismiss an estate's generic Zantac lawsuit against three brand-name drugmakers over the heartburn medication's alleged link to cancer risk, saying binding precedents allow him to toss similar cases between the same parties only if both cases were filed in Connecticut.
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June 17, 2025
3rd Circ. To Review AI Ruling In Fight Over Westlaw Data
The Third Circuit on Tuesday granted an interlocutory appeal from tech startup Ross Intelligence, which is challenging a ruling from a Delaware federal court that concluded it infringed copyrighted material from Thomson Reuters' Westlaw platform to create a competing legal research tool powered by artificial intelligence.
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June 17, 2025
WeightWatchers Cleared To Exit Ch. 11 And Cut $1.15B In Debt
WeightWatchers on Tuesday secured a Delaware bankruptcy judge's blessing to exit Chapter 11 less than two months after filing the case with a leaner balance sheet and new owners, allowing the dieting company to refocus its business after new weight-loss drugs threatened its main product.
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June 16, 2025
Asian Bar Groups Jump Into Fight Over Trump Birthright Ban
The National Asian Pacific American Bar Association and dozens of other affiliated legal organizations urged the First Circuit on Monday to uphold a Massachusetts federal judge's decision blocking President Donald Trump's executive order limiting birthright citizenship, saying the White House order is unconstitutional and would "disproportionately harm" Asian American communities.
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June 16, 2025
Catching Up With Delaware's Chancery Court
Delaware's Court of Chancery this past week sought answers in the high-stakes battle over the constitutionality of newly enacted Delaware corporation law amendments, which will hitch a ride to the state's Supreme Court via a suit contesting a $117 million acquisition of Clearway Energy Inc. by its majority shareholder.
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June 16, 2025
Chancery Taps Lead Counsel For Chemours Disclosures Suit
Schubert Jonckheer & Kolbe and The Brown Law Firm PC got the nod in Delaware's Court of Chancery on Monday to lead a consolidated stockholder derivative suit seeking damages on behalf of Chemours Inc. arising from an alleged $575 million manipulation of company reports over two years.
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June 16, 2025
Burgess Biopower Gets OK For Ch. 11 Debt-Equity Swap
A Delaware bankruptcy judge on Monday approved the Chapter 11 debt-equity-swap reorganization of New Hampshire power plant operator Burgess BioPower.
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June 16, 2025
NJ Judicial Privacy Act Suits Too Fuzzy On Details, Cos. Say
Companies accused by data security firm Atlas Data Privacy Corp. of violating New Jersey's judicial privacy law argued in federal court Monday that the suits should be dismissed because they lack enough facts to carry their claims.
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June 16, 2025
Joann Seeks Ch. 11 Block For Vendors' Ohio Suit
Bankrupt fabric retailer Joann Inc. has asked a Delaware bankruptcy judge to block an Ohio state suit filed against seven top company officials by vendors who claim they were deceived into extending credit to the 80-year-old fabric retailer between its first and second retreat into Chapter 11.
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June 16, 2025
X Workers Say Musk Personally Liable In Severance Spat
Elon Musk should be held personally liable for workers' unpaid severance benefits claims, the former X Corp. employees told a Delaware federal court, saying he retained so much control over the social media company that the company alone cannot be at fault.
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June 16, 2025
Water Filter Co. Seeks Help Getting Clorox's Deleted Emails
A water filtration company accusing Clorox Co. and its Brita brand of a "patent ambush" to corner the market on home water filters has told a Pennsylvania federal court it needs assistance obtaining emails Clorox purportedly admitted to getting rid of through an auto-delete policy.
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June 16, 2025
Mass. Judge Blocks NIH Grant Cuts, Points To 'Discrimination'
A Massachusetts federal judge on Monday blocked the National Institutes of Health from cutting hundreds of grant programs to universities, hospitals and other organizations, saying that in his 40 years on the bench he had never seen such "palpable" racial and LGBTQ discrimination from the government.
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June 16, 2025
All 50 States Agree To Purdue Pharma's $7.4B Settlement
Attorneys general from 55 U.S. states and territories on Monday backed Purdue Pharma's $7.4 billion deal to settle opioid injury claims against the company and the Sackler family, almost a year after the U.S. Supreme Court threw out Purdue's previous plan to end litigation over its role in the opioid epidemic.
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June 16, 2025
Home Decor Retailer Blames Tariffs For New Ch. 11 Filing
Household furnishing retail chain At Home Group Inc. filed for Chapter 11 protection Monday with just shy of $2 billion of debt, saying recent uncertainty over tariffs worsened its highly leveraged balance sheet and drove it into bankruptcy.
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June 16, 2025
Justices Turn Away Merck's Bone Drug Warning Label Row
The U.S. Supreme Court on Monday rejected Merck Sharp & Dohme Corp.'s request to review a Third Circuit decision that more than 1,000 failure-to-warn claims over its osteoporosis drug Fosamax can continue despite the company's assertion that the litigation is barred by federal law.
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June 16, 2025
Justices Take Up NJ Anti-Abortion Group's Subpoena Fight
The U.S. Supreme Court on Monday agreed to review the Third Circuit's dismissal of an anti-abortion pregnancy center's federal lawsuit challenging a subpoena from the New Jersey attorney general demanding information about its donors.
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June 16, 2025
High Court Skips NexStep's Patent Fight With Comcast
The U.S. Supreme Court on Monday rejected NexStep Inc.'s bid to revive its patent suit against Comcast in a case that had implicated patent law's doctrine of equivalents.Â
Editor's Picks
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DocuSign's Bad Conduct Warrants Fee Shift, Ex-CEO Says
DocuSign's ex-CEO wants the Delaware Chancery Court to order the e-signature company to pay at least $709,000 for legal fees he has incurred in litigation alleging the company tried to "bully" him into resigning from its board and made false filings saying he resigned as a director.
Expert Analysis
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How IPR Estoppel Ruling May Clash With PTAB Landscape
Though the Federal Circuit's narrowing of inter partes review estoppel in Ingenico v. Ioengine might encourage more petitions, tougher standards for discretionary denial established by the U.S. Patent and Trademark Office could be a counterbalancing factor, say attorneys at Troutman Pepper.
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Texas Targets Del. Primacy With Trio Of New Corporate Laws
Delaware has long positioned itself as the leader in attracting business formation, but a flurry of new legislation in Texas aimed at attracting businesses to the Lone Star State is aggressively trying to change that, says Andrew Oringer at the Wagner Law Group.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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Cos. Considering DExit Should Assess D&O Insurance Effects
As companies consider incorporating in less-regulated states than Delaware, they shouldn't neglect to balance the long-term insurance implications against the short-term benefits of lower taxes and a more permissive legal regime, say attorneys at Pillsbury.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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A Look At Texas Corp. Law Changes Aimed At Dethroning Del.
Seeking to displace Delaware as the preferred locale for incorporation, Texas recently significantly amended its business code, including changes like codifying the business judgment rule, restricting books and records demands, and giving greater protections for officers and directors in interested transactions, say attorneys at Fenwick.
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High Court Birthright Case Could Reshape Judicial Power
Recent arguments before the U.S. Supreme Court in cases challenging President Donald Trump’s birthright citizenship executive order primarily focused on federal judges’ power to issue nationwide injunctions and suggest that the upcoming decision may fundamentally change how federal courts operate, says Mauni Jalali at Quinn Emanuel.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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Del. Corporate Law Rework May Not Stem M&A Challenges
While Delaware's S.B. 21 introduced significant changes regarding controllers and conflicted transactions by limiting what counts as a controlling stake and improving safe harbors, which would seem to narrow the opportunities to challenge a transaction as conflicted, plaintiffs bringing shareholder derivative claims may merely become more resourceful in asserting them, say attorneys at Debevoise.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.
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Series
Running Marathons Makes Me A Better Lawyer
After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.