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Delaware
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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.
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August 15, 2025
Truck Leasing Co. Hits Ch. 11 With More Than $50M Debt
Arizona-based truck leasing company Titan Transportation Equipment Leasing has filed for Chapter 11 protection in Delaware with $50 million to $100 million in liabilities against $10 million to $50 million in assets.
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August 14, 2025
Judge Says Patents In $50M Amgen Jury Loss Unenforceable
A Delaware federal judge on Thursday found that two Lindis Biotech immunotherapy patents at the heart of the German company's $50.3 million infringement verdict against Amgen are unenforceable.
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August 14, 2025
Armistice Capital Beats Derivative Suit In Chancery
An Aytu Biopharma Inc. stockholder's derivative lawsuit in Delaware against Armistice Capital LLC crumbled on Thursday after a vice chancellor rejected breach of fiduciary duty, unjust enrichment, and aiding and abetting claims against the New York hedge fund.
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August 14, 2025
Del. Challenge To Squarespace Doc Suit Toss Moves Forward
A Delaware vice chancellor on Thursday ordered an October hearing over stockholder exceptions to a posttrial dismissal of a lawsuit for records on Squarespace Inc.'s $7.2 billion take-private deal, following objections that the ruling "would require the court to possess impossible prescience."
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August 14, 2025
20 States Win Injunction Against ICE's Use Of Medicaid Data
A California federal judge has blocked the federal government from using Medicaid information from 20 states for immigration enforcement purposes, marking a partial victory for the coalition of states challenging a new data-sharing arrangement between the U.S. Department of Health and Human Services and the Department of Homeland Security. Â Â
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August 14, 2025
3rd Circ. Clarifies 'New Evidence' In Immigration Cases
The Third Circuit on Thursday declined to stop the deportation of a Guatemalan citizen, determining that although the Board of Immigration Appeals erred in finding the birth of his daughter was introduced too late in his appeal, the error was ultimately harmless.
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August 14, 2025
Judicial Panel Consolidates SAP Patent Suits In Del.
The U.S. Judicial Panel on Multidistrict Litigation has consolidated four patent infringement cases filed by software firm SAP SE against subsidiaries of Canadian financial services company TMX Group in the District of Delaware, saying this forum will be convenient for the parties and witnesses.
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August 14, 2025
Del. Lawmakers Seek Study To Fix Property Tax Assessments
Delaware's General Assembly called for an immediate review of a recent statewide property reassessment to develop legislation to improve the state's property tax assessment process under a Senate concurrent resolution passed by state lawmakers.
Expert Analysis
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Maintaining Legal Compliance For GenAI In Life Sciences
As companies continue to implement generative artificial intelligence to enhance all phases of drug discovery, they must remain mindful of legal, regulatory and practical considerations as best practices in this space emerge and evolve, say attorneys at Sullivan & Cromwell.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Navigating The Expanding Frontier Of Premerger Notice Laws
Washington's newly enacted law requiring premerger notification to state enforcers builds upon a growing trend of state scrutiny into transactions in the healthcare sector and beyond, and may inspire other states to enact similar legislation, say attorneys at Simpson Thacher.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Maneuvering The Weeds Of Cannabis Vertical Integration
The conversation around vertical integration has taken on new urgency as the cannabis market expands, despite federal reform remaining a distant dream, so the best strategy for cannabis operators is to approach vertical integration on a state-by-state basis, say attorneys at Sweetspot Brands.
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Patent Takeaways In Fed. Circ.'s 1st Machine Learning Ruling
The Federal Circuit’s recent decision in Recentive Analytics v. Fox, a case of first impression affirming the invalidity of patents that applied general machine learning methods to conventional tasks, serves as a cautionary guide for patent practitioners navigating the complexities of machine learning inventions, say attorneys at Foley & Lardner.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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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.