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Delaware
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July 23, 2025
Full Fed. Circ. Won't Disturb Machine Learning Patent Ruling
The full Federal Circuit on Wednesday declined to reconsider its first-ever patent eligibility decision involving machine learning, leaving in place a panel's April findings that applying established machine learning methods to a new area cannot be patented.
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July 23, 2025
Astellas, Generics Scolded For 'Abusive' Discovery In IP Case
A Delaware federal magistrate judge on Wednesday rebuked Astellas Pharma and makers of generic drugs for what she deemed exploitation of the discovery dispute process in the brand-name company's patent infringement case, calling their dozens of fights "not just excessive" but also "abusive of the discovery dispute process."
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July 23, 2025
MicroStrategy Sued In Del. After No-Vote Stock Expansion
A stockholder of cryptocurrency venture MicroStrategy Inc. has launched a proposed class suit in Delaware's Court of Chancery, accusing the company and its chairman and former CEO, Michael Saylor, of amending — without a stockholder vote — liquidation preference rules for some preferred company stock.Â
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July 23, 2025
3rd Circ. Backs Off 2nd Look At Class Action Fraud Sanction
The Third Circuit has reissued an opinion upholding the conviction of a man accused of defrauding shareholder settlement funds, but saying it should not have previously ordered the lower court to potentially increase the $31 million judgment against the man.
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July 23, 2025
Dolphin Co. Unit Nears Court Approval Of Bid Procedures
A Delaware bankruptcy judge said Wednesday she will approve the bidding procedures that an insolvent subsidiary of The Dolphin Co. proposed for a sale of all its assets, once the debtor makes certain revisions to its requests.
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July 23, 2025
Judge Clears Mylan On 1 Novo Nordisk Patent In Wegovy Suit
A Delaware federal judge has found that proposed labeling for a generic version of the weight loss drug Wegovy doesn't recommend doctors prescribe it in a way covered by a Novo Nordisk patent on the brand-name treatment.
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July 23, 2025
Chancery Denies Toss Of AT&T Cos.' Investor Payout Suits
A Delaware vice chancellor sent toward trial Wednesday a fleet of coordinated, derivative suits seeking hundreds of millions of dollars in damages from AT&T and affiliates for allegedly claiming excessive shares of partnership revenues, in a ruling that also limited time windows for some claims.
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July 23, 2025
Sen. Collins Opposes Bove For 3rd Circ. Over Bias Concerns
Sen. Susan Collins, R-Maine, will oppose the confirmation of Emil Bove to the Third Circuit, and Sen. Lisa Murkowski, R-Alaska, has also indicated her likely opposition.
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July 23, 2025
Avon Ch. 11 Plan Needs 'Tweaks,' Judge Says
A Delaware bankruptcy judge told Avon on Wednesday that the wording of its Chapter 11 plan needs some work before he can approve it, finding the company's insurance carriers had raised objections worth addressing.
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July 22, 2025
States, Asbestos Claimants Seek Claim Purge Block In Del.
An attorney for companies embroiled in asbestos injury suits urged a Delaware vice chancellor Tuesday to block plans by asbestos bankruptcy claims trusts to begin routine destruction of exposure-related data, arguing that the move would cut off a potential last-resort source of information.
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July 22, 2025
Fed. Circ. Won't Stop Entresto Generic During Novartis Appeal
The Federal Circuit won't stop MSN Pharmaceuticals from releasing its generic version of Novartis' blockbuster cardiovascular drug Entresto while the latter appeals a noninfringement ruling, according to a Tuesday order.
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July 22, 2025
Del. Boutique Wins 'Heated' Battle To Lead Endeavor Suit
Litigation boutique Abrams & Bayliss LLP has been handed the reins to a potential blockbuster lawsuit alleging that sports and entertainment giant Endeavor Group Holdings was undervalued in a $13 billion take-private deal, with a Delaware vice chancellor on Tuesday settling what she described as a "heated," and at times personal, leadership fight in the case.
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July 22, 2025
Power Cos., PJM Back FERC Auction Rerun Decision
Power producers and PJM Interconnection LLC told the D.C. Circuit Monday the Federal Energy Regulatory Commission was right to let PJM rerun an electricity capacity auction with an inflated reliability requirement after the Third Circuit ruled changes to it were retroactive ratemaking.
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July 22, 2025
Phone Co.'s Stockholder Disputes Not Covered, Insurers Say
A former smartphone developer's insurers told a New York federal court they owe no coverage for a suit seeking access to the company's books and records and a stockholder derivative action accusing the CEO of misusing company funds while the board of directors failed to provide oversight.
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July 22, 2025
Divided 3rd Circ. Backs ICE Detention Contracts In NJ
A split Third Circuit panel on Tuesday backed a lower court's decision invalidating a New Jersey state law barring detention centers from contracting with U.S. Immigration and Customs Enforcement, ruling that the law directly regulates the federal government.
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July 22, 2025
Chancery Tosses Derivative Suit For Pharma Lawsuit Costs
A Delaware vice chancellor tossed on Tuesday a Corcept Therapeutics Inc. stockholder suit seeking derivative recovery of millions the company paid out to regulators for "aggressive" off-label marketing and sales of its sole drug, used to treat complications of the rare disease Cushing's syndrome.
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July 22, 2025
IP Notebook: Cox Piracy Appeal, Ugliest House, Keyword Feud
The U.S. Supreme Court's decision to review Cox Communications Inc.'s appeal regarding the liability of internet service providers for their customers' music piracy has prompted defendants to request stays in separate intellectual property litigation until the question is resolved, but plaintiffs say that's no reason for delays.
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July 21, 2025
Novartis Can't Block Generic Entresto Amid TM Feud Appeal
The Third Circuit said no way to Novartis AG's attempt to block a competitor from selling a generic version of a heart failure drug while the pair duke it out in federal court over Novartis' allegations that an Indian drugmaker is infringing its trademarks.
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July 21, 2025
Feds Tell 3rd Circ. Gun Rights Not Automatic After Crime
The Third Circuit heard oral arguments Monday over whether the Second Amendment gives a man convicted of driving under the influence of alcohol the automatic right to own weapons after serving his time.
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July 21, 2025
Avon, Insurers Spar At Ch. 11 Plan Hearing Over Talc Trust
Avon made its case Monday to a Delaware bankruptcy judge for its Chapter 11 liquidation plan, while insurers that issued policies to the cosmetics company alleged its proposal to pay talc injury claims through a trust funded by insurance coverage was unfair to them.
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July 21, 2025
$10M Deal Proposed To End Gaming Co. SPAC Suit In Del.
Attorneys for online gaming company Skillz Inc. stockholders have proposed a $10 million settlement for a blank check company merger suit alleging $13.5 million in damages following a deal in December 2020 that valued the company at $3.5 billion.
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July 21, 2025
Calif. High Court Says Biotech Investor Suit Belongs In Del.
The California Supreme Court on Monday ruled that a lawsuit pursued by a minority investor alleging San Diego-based EpicentRx and its officers bamboozled investors belongs in Delaware Chancery Court, rejecting arguments that enforcing the biopharmaceutical company's forum selection clause violated Golden State jury trial protections.
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July 21, 2025
Catching Up With Delaware's Chancery Court
Last week at the Delaware Court of Chancery, a major settlement between Meta Platforms Inc. and its investors reached on the proverbial courthouse steps during day two of a trial ended an $8 billion-plus suit accusing the company's directors and officers of breaching privacy regulations and corporate fiduciary duties tied to allegations dating to the Cambridge Analytica scandal more than a decade ago.
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July 21, 2025
Pet Care App Wag! Plans To Go Private In Ch. 11
The pet care app Wag! filed for bankruptcy on Monday, saying it expects to have a prepackaged restructuring plan confirmed in just over a month that will transfer ownership of the publicly traded company to its secured lender.
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July 21, 2025
Archer Aviation Can't Ditch Suit Over $1.7B SPAC Merger
Most claims moved toward trial Monday in a Delaware Court of Chancery suit accusing principals of a blank-check company that took vertical takeoff-and-landing aircraft venture Archer Aviation Inc. public of overhyping its strength and outlook, breaching their fiduciary duties and unjustly enriching themselves.
Expert Analysis
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Parsing 3rd Circ. Ruling On Cannabis, Employee Private Suits
The Third Circuit recently upheld a decision that individuals don't have a private right of action for alleged violations of New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act, but employers should stay informed as the court encouraged the state Legislature to amend the law, say attorneys at Mandelbaum Barrett.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Del. Dispatch: Lessons From Failed Albertsons-Kroger Merger
The allegations in Albertsons' lawsuit against Kroger following the grocery stores' blocked merger demonstrate how a target company can best ensure that a buyer timely and effectively complies with its obligations to pursue the necessary regulatory approvals for a deal, say attorneys at Fried Frank.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.
A Delaware bankruptcy court’s recent decision, examining trucking company Yellow Corp.’s abrupt termination of roughly 25,500 employees, offers financially distressed businesses a road map for navigating layoffs under the Worker Adjustment and Retraining Notification Act, say attorneys at King & Spalding.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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UK Lawyers Can Access Broad US Discovery To Win Cases
Given its breadth, U.S. discovery can be a powerful tool in litigation in the U.K. and other jurisdictions outside the U.S., and a survey of recent cases indicates that discovery requests made in the U.S. are likely to be granted — with many applications even proceeding without contest, say lawyers at Miller & Chevalier.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Predicting Where State AGs Will Direct Their Attention In 2025
In 2025, we expect state attorneys general will navigate a new presidential administration while continuing to further regulate and police financial services, artificial intelligence, junk fees and antitrust, say attorneys at Troutman Pepper.
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A Look At Sweepstakes Casinos' Legal Issues In Fla., Beyond
Scheduled for trial in Florida federal court this fall, the VGW sweepstakes case underscores the growing urgency for gambling states to clarify and enforce their laws in response to emerging online gaming models, as the expansion of sweepstakes casinos challenges traditional interpretations of gambling regulations, say attorneys at Holland & Knight.
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Chancery May Have Raised Bar For Books, Records Requests
The Delaware Court of Chancery recently approved the denial of a books and records demand against Amazon, raising important questions about what evidence and purpose a stockholder is required to show to succeed on such a request, say attorneys at Selendy Gay.