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Delaware
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August 18, 2025
Catching Up With Delaware's Chancery Court
Executives and board members of Cencora Corp. tentatively settled a stockholder derivative suit for $111.25 million, VectoIQ board members reached a $6.3 million deal on stockholder claims over electric carmaker Nikola's prospects, and class attorneys who secured a $50 million derivative suit settlement saw their proposed 25% attorney fee cut by almost half. Here's the latest from the Delaware Chancery Court.
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August 18, 2025
Del. Justices Reject CVS Bid For Opioid Claim Insurance
CVS Corp. lost its bid on Monday for Delaware Supreme Court reversal of a lower court ruling rejecting the healthcare giant's argument that insurers should cover government, hospital and third-party payer claims for economic losses related to the company's opioid dispensing practices.
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August 18, 2025
AGs Sue DOJ For Tying Victim Aid To ICE Enforcement
A coalition of 21 state attorneys general, led by Matthew Platkin of New Jersey, filed suit against the Trump administration on Monday, accusing it of unlawfully tying $1 billion in crime victim funding to immigration enforcement, a move they say defies congressional intent and jeopardizes critical support for survivors.
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August 18, 2025
3rd Circ. Says IRS Can Pursue Taxes In Decades-Old Fraud
The IRS can go after a woman's unpaid taxes more than 20 years later because her return preparer committed fraud on her filings, even though the woman did not mean to evade taxes, the Third Circuit ruled Monday.
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August 18, 2025
Del. OKs Property Tax Installment Payments, Refund Change
Delaware made property tax changes, including allowing installment payments and changing refund rules, under bills signed by the governor.
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August 18, 2025
3rd Circ. Backs Pittsburgh In Row Over Zoning Board Conflict
The Third Circuit has backed the dismissal of a mixed-use project developer's million-dollar lawsuit against the Pittsburgh Zoning Board of Adjustment over variance delays caused by a conflict of interest dispute, saying its due process rights weren't violated.
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August 18, 2025
Newsmax Settles Dominion Defamation Suit For $67M In Del.
Newsmax Inc. and Dominion Voting Systems Inc. have settled for $67 million Dominion claims that Newsmax falsely accused the voting machine company of rigging the 2020 election in favor of former President Joe Biden.
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August 15, 2025
18 AGs, Governors Sue To Block DOE Funding Cap
A coalition of 19 states and Washington, D.C., on Friday hauled the U.S. Department of Energy into Oregon federal court, challenging a policy they say places a new cap on reimbursements for administrative and staffing costs, and thus slashes funds needed for state-run energy programs.
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August 15, 2025
Stewart Issues Dozens More Discretionary Denial Decisions
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart denied numerous petitions challenging patents on discretionary grounds this week, while referring a smaller number of cases to the Patent Trial and Appeal Board.
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August 15, 2025
Defense Attys Predict Rise In Shareholder Suits, Report Says
Nearly three-quarters of defense attorneys surveyed by high-risk insurance firm Inigo believe there will be an increase in private securities litigation over the next year, especially in the area of artificial intelligence, according to a report released by Inigo.
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August 15, 2025
Life Spine Owes $9.5M In Implant Patent Suit, Jury Says
A Delaware federal jury on Friday found that medical technology manufacturer Life Spine Inc. owes $9.5 million for infringing a Globus Medical Inc. patent on parts used to make expandable implant devices used in spinal fusion surgeries.
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August 15, 2025
Real Estate Recap: Water Law, Risky Debt, NYC Rezone
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney insights into coastal development, one bank's bullish outlook on construction financing, and Midtown Manhattan's greenlight for denser residential development.
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August 15, 2025
Investors' Suit Claims Fla. Tower Developer Stole $3M
Dozens of investors have brought a Florida state court lawsuit accusing a Delaware-based developer of fleecing them out $3 million that was provided toward the construction of a residential high-rise, saying their money is wrongfully being held despite no meaningful progress on the building.Â
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August 15, 2025
Technology Co. Says Zurich Must Defend Shareholder Suit
A technology company behind a brain fitness app told a Delaware federal court Friday that a Zurich unit must defend it in an underlying shareholder suit accusing the company and its directors of misappropriating funds, misleading investors and violating corporate obligations.
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August 15, 2025
Chancery Says Failed FTX Claim Buy Is Outside Its Jurisdiction
A Delaware Chancery Court judge on Friday ruled that a lawsuit over a failed deal to buy a claim in the Chapter 11 case of cryptocurrency platform FTX does not belong in his court, saying the fact the bankruptcy is being heard in Delaware does not constitute a sufficient connection to the state.
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August 15, 2025
Getty Refiles Copyright Case Against Stability AI In Calif.
Getty Images voluntarily dropped a copyright infringement suit in Delaware against an artificial intelligence startup it claims used millions of photos without permission, but refiled in California where the startup contends the case can be heard.
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August 15, 2025
$111.25M Del. Settlement Proposed For Cencora Opioid Suits
Executives and board members of Cencora Corp. — formerly AmerisourceBergen — have tentatively settled for $111.25 million a Delaware Court of Chancery stockholder derivative suit accusing them of taking a "devil may care" attitude toward the illegal distribution of opioid painkillers at the center of a nationwide addiction epidemic.
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August 15, 2025
Wholesalers Want Final OK For $51M AstraZeneca Settlement
Drug wholesalers asked a Delaware federal judge Thursday for the final stamp of approval on a combined $51.4 million in settlements AstraZeneca Pharmaceuticals LP and Handa Pharmaceuticals LLC agreed to pay to resolve allegations AstraZeneca paid off generic-drug makers, including Handa, to protect its brand antipsychotic Seroquel XR.
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August 15, 2025
Paragon Tech, Ex-CEO End Legal Fee Dispute In Del.
Holding company Paragon Technologies Inc. and its ousted CEO have ended a legal fees dispute in Delaware Chancery Court, ending a chapter of a power struggle at the top of the company following allegations of misconduct.
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August 15, 2025
3rd Circ. Says Barring Testimony OK In Deportation Case
The Third Circuit ruled Friday that an immigration judge did not violate a Mexican man's due process rights by barring testimony from his wife and psychologist since the seriousness of multiple drunken driving convictions precluded a finding of good moral character.
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August 15, 2025
'Creative' $2.5B DuPont Deal In NJ Is PFAS Road Map For AGs
After six years of litigation between New Jersey and E.I. du Pont de Nemours, including a series of bench trials, the chemical manufacturer agreed to a deal that committed more than $2 billion to cleaning up the Garden State from "forever chemical" contamination at four of its facilities, in the largest environmental settlement ever achieved by a single state.
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August 15, 2025
Twitter Investor Cites New Del. Backing For Musk Suit Reboot
A Twitter investor who lost a suit for damages after selling his shares when Elon Musk briefly balked at closing on his buyout of the social media giant has asked Delaware's Court of Chancery to reconsider, citing an agency document that purportedly contradicts Musk's defenses.
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August 15, 2025
3rd Circ. Won't Rehear Pa. County's Dominion Contract Suit
The Third Circuit has declined to revisit a ruling that a Pennsylvania county's commissioners lacked standing to sue Dominion Voting Systems over alleged security flaws during the 2020 election.
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August 15, 2025
3rd Circ. OKs Notice Rules For New Information In Sentencing
The Third Circuit ruled Thursday that courts must notify defendants when new information is used in sentencing, even as it upheld the sentence of an ex-accountant who pled guilty to wire fraud and claimed his due process rights were violated.
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August 15, 2025
Yellow Corp. Seeks OK For $16M In Real Estate Sales
Trucking company Yellow Corp. asked a Delaware bankruptcy judge to approve the sale of three of its remaining truck depots for a total of just over $16 million.
Expert Analysis
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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Opinion
Third-Party Funding Transparency Is Key In Patent Suits
Third-party litigation funding is a growing industry that could benefit from enhanced disclosure standards to ensure transparency, as challenges in obtaining discovery of such funding can complicate patent litigation against nonpracticing entities, say attorneys at Skadden.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Del. Dispatch: Open Issues After Corp. Law Amendments
Recent amendments to the Delaware General Corporation Law represent a significant change in the future structuring of boards and how the First State will approach conflicted transactions, but Delaware courts may interpret the amendments narrowly, limiting their impact, say attorneys at Fried Frank.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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What Del. Supreme Court LKQ Decision Means For M&A Deals
The Delaware Supreme Court's recent decision in LKQ v. Rutledge greatly increases the enforceability of forfeiture-for-competition provisions, representing an important affirmation of earlier precedent and making it likely that such agreements will become more common in M&A transactions, say attorneys at Mayer Brown.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Notable Q1 Updates In Insurance Class Actions
The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.
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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.