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Delaware
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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
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June 13, 2025
Real Estate Recap: Builders' Hack, Korean Mezz, Hotel Angst
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including an inside look at California's Builder's Remedy, aggressive moves by South Korean mezzanine lenders, and why one BigLaw hospitality leader says hotels are "scared to death."Â
Expert Analysis
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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.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.