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Delaware
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September 24, 2025
DHS Barred From Tying Disaster Aid To Immigration Agenda
The Trump administration unlawfully attached conditions to emergency service funding that required states to cooperate with the U.S. Department of Homeland Security's immigration enforcement, a Rhode Island federal judge ruled Wednesday, agreeing with a multistate coalition that the conditions are unconstitutional, arbitrary and capricious.
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September 24, 2025
Skechers Investor Seeks Chancery Appraisal Of $9.4B Deal
A Skechers shareholder is asking the Delaware Chancery Court for an appraisal to determine the fairness of the $63-per-share buyout price of nearly 700,000 shares in the footwear company after its $9.4 billion take-private deal with 3G Capital.
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September 24, 2025
Judge Denies Tron Founder's Bid To Block Bloomberg Report
A Delaware federal judge declined to direct Bloomberg LP to remove reporting about Justin Sun's crypto holdings for now in an opinion that said he remains unconvinced the media outlet made any promise of confidentiality to the Tron founder.
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September 24, 2025
Del. Justices Uphold $10.5B Zendesk Take-Private Deal
Delaware's Supreme Court early Wednesday upheld the Court of Chancery's Sept. 10 dismissal of a stockholder challenge to the $10.5 billion take-private deal for software as a service business Zendesk Inc., closing the book on the case in two sentences issued two weeks after appeal arguments.
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September 24, 2025
Chancery OKs TRO In Marshall Wace-Lukka Financing Battle
Affiliates of British hedge fund Marshall Wace LLP won a Delaware Court of Chancery temporary restraining order Wednesday barring crypto data provider Lukka Inc. from completing, pending trial, a new "cram-down, pay-to-play" convertible note financing that would supersede current liquidation preferences and voting rights currently more favorable to MW's Lukka stake.
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September 24, 2025
Olo Investor Sues For Records On $2B Thoma Bravo Deal
A hedge fund has filed a books and records demand against a restaurant software company in Delaware Chancery Court, hoping to investigate whether the stock price in its $2 billion merger with Thoma Bravo was fair and threatening a potential appraisal action.
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September 24, 2025
Judge Says No Dispute Exists In Video File Licensing Case
A Delaware federal judge has granted dismissal to DivX LLC in a case brought by a former business ally who was seeking a declaration that it didn't run afoul of a licensing agreement between the two, saying the court has no jurisdiction in the matter.
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September 24, 2025
States Say Ed Dept. Must Face Suit Over Mental Health Cuts
A group of 16 states led by Washington has asked a federal judge not to let the U.S. Department of Education escape the states' claims that the agency violated federal law by discontinuing mental health grants given to public schools to help students cope with school shootings.
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September 24, 2025
Labcorp, Natera Resolve DNA Sequencing IP Suits Midtrial
Labcorp and Natera have reached a midtrial settlement over the laboratory testing giant's claims that its competitor infringed a group of DNA sequencing patents through the sale of a cancer testing product, a Delaware federal judge said.
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September 23, 2025
Sandisk Gets Support In 'Settled Expectations' Challenge
Industry groups, professors and Unified Patents are backing Sandisk Technologies Inc.'s Federal Circuit challenge to the U.S. Patent and Trademark Office's policy of denying review of patents based on the owner's "settled expectations," saying it flouts the law and undermines the patent review system.
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September 23, 2025
Jenzabar Investor Faces Multiple Suit Challenges In Del.
A Delaware vice chancellor pressed an attorney for a trust stockholder of educational software company Jenzabar Inc. Tuesday to explain how another state's court empowered it with standing to bring derivative claims against a Delaware chartered company.
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September 23, 2025
DHS Floats H-1B Rule To Prioritize Higher-Paid Workers
The Trump administration proposed a rule on Tuesday to change the H-1B lottery process to one that gives priority to higher-skilled workers at companies offering better pay, according to a Federal Register notice.
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September 23, 2025
Fed. Circ. Gives Bayer Chance To Save Xarelto Patent Claims
The Federal Circuit revived several claims of a patent underpinning Bayer Pharma Aktiengesellschaft's blockbuster blood thinner Xarelto on Tuesday, sending the challenge brought by Mylan Pharmaceuticals Inc., Teva Pharmaceuticals USA Inc. and a Cipla unit back to the Patent Trial and Appeal Board.
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September 23, 2025
Apple Gets Judge To Ax MyPort Patent Suit Under Alice
A Delaware federal court on Tuesday tossed for now MyPort Technologies Inc.'s lawsuit claiming Apple Inc. infringed four patents with its smartphones and tablets, finding all the patents were just "conventional."
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September 23, 2025
Software Co. Says Seller Is Trying To Back Out Of Merger Deal
Software company Livefront LLC has sued in the Delaware Chancery Court to force through a stalled acquisition, accusing seller Zeal IT Consultants of trying to get out of an already agreed-upon deal.
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September 23, 2025
FTX Trust Seeks $1B From Crypto Miner Genesis Digital
The recovery trust created under FTX's Chapter 11 plan has filed a lawsuit in Delaware bankruptcy court that aims to claw back more than $1 billion that FTX's founder invested in Genesis Digital Assets Ltd., accusing the bitcoin mining firm of overinflating its value and projections to secure the funds.
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September 23, 2025
Westlaw Notes Uncopyrightable, AI Company Tells 3rd Circ.
An artificial intelligence-powered legal search engine has asked the Third Circuit to reverse a district court's decision that its use of Westlaw headnotes did not constitute fair use, arguing its utilization of them "radically promoted scientific progress" and increased access to justice.
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September 22, 2025
$100K H-1B Fee Will Likely Hurt Both US And Foreign Workers
The new $100,000 fee for H-1B visas, which took effect on Sunday with little advance notice, blindsided immigration attorneys who told Law360 that it could ultimately hurt domestic workers by driving U.S. companies to do business elsewhere.
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September 22, 2025
Investors Dunk Battle For Portland Hoops Team In Chancery
An arm of sports, real estate and consumer goods venture RAJ Capital LLC sued on Monday in Delaware's Court of Chancery for a temporary restraining order enjoining interests of the Cherng Family Trust from pursuing deals, equity or other involvement in the NBA's Portland Trail Blazers.
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September 22, 2025
Chancery Orders New Doc Handover In Crypto Co. Merger Suit
A busted crypto-venture merger battle resurrected by Delaware's Supreme Court last year took another turn Monday with a ruling by Delaware's chancellor compelling Galaxy Digital Holdings LLC's handover of records that crypto-wallet business Bitgo Holdings Inc. said ties Galaxy to an alleged crypto pump-and-dump scheme.
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September 22, 2025
J&J Ruling Misapplied Goldman Precedent, 3rd Circ. Told
The U.S. Chamber of Commerce and other business organizations are supporting Johnson & Johnson's call for the full Third Circuit to reconsider a ruling that the groups argue could "saddle" companies with investor class-action suits through the misapplication of a recent U.S. Supreme Court ruling.Â
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September 22, 2025
Ligado OK'd For $7.8B Debt-For-Equity Swap Ch. 11 Plan
A Delaware bankruptcy judge Monday agreed to approve telecommunications group Ligado Networks' debt-for-equity swap Chapter 11 plan, overruling the U.S. Trustee's objection over the plan potentially not taking effect for three years.
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September 22, 2025
Lighting Patent Case Against Warner Bros., Sony Stays Alive
A Delaware federal court has refused to let entertainment industry titans Warner Bros. Entertainment, Sony Pictures Entertainment and Fox Corp. dodge a suit claiming they infringed various lighting patents, but agreed to trim some of the case.
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September 22, 2025
Catching Up With Delaware's Chancery Court
Last week, Match.com secured approval for a $30M settlement over its 2019 reverse spinoff from IAC, and Vice Chancellor Morgan T. Zurn urged decorum among Delaware lawyers, comparing recent legal turmoil to dark times in British monarchy history. Here's the latest from the Chancery Court.
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September 22, 2025
3rd Circ. Slams Attys For Debt Disputes Designed To Fail
Pittsburgh law firm J.P. Ward & Associates sent rambling, handwritten debt dispute letters in its clients' names that were intended to fail so the attorneys could sue collectors for not recognizing the dispute, a Third Circuit panel said Monday in upholding sanctions against the firm in a pair of lawsuits.
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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Series
Law School's Missed Lessons: Mastering Time Management
Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.
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Courts Keep Upping Standing Ante In ERISA Healthcare Suits
As Article III standing becomes increasingly important in litigation brought by employer-sponsored health plan members under the Employee Retirement Income Security Act, several recent cases suggest that courts are taking a more scrutinizing approach to the standing inquiry in both class actions and individual matters, say attorneys at Crowell & Moring.
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Rare Del. Oversight Ruling Sends Governance Wake-Up Call
An unusual ruling from the Delaware Court of Chancery recently allowed Caremark oversight claims to proceed against former executives of a company previously known as Teligent, sending a clear reminder that boards and officers must actively monitor and document oversight efforts when addressing mission-critical risks, say attorneys at WilmerHale.
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How Hyperlinks Are Changing E-Discovery Responsibilities
A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.
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Series
Writing Musicals Makes Me A Better Lawyer
My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.
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Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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Rebutting Price Impact In Securities Class Actions
Defendants litigating securities cases historically faced long odds in defeating class certification, but that paradigm has recently begun to shift, with recent cases ushering in a more searching analysis of price impact and changing the evidence courts can consider at the class certification stage, say attorneys at Katten.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Resilience Planning Is New Key To Corporate Sustainability
While the current wave of deregulation may reduce government enforcement related to climate issues, businesses still need to evaluate how climate volatility may affect their operations and create new legal risks — making the apolitical concept of resilience increasingly important for companies, says J. Michael Showalter at ArentFox Schiff.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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A Changing Playbook For Fighting Records Requests In Del.
The Delaware Supreme Court's recent decision in Wong v. Amazon, reversing the denial of an inspection demand brought by a stockholder, serves as a stark warning to corporations challenging books and records requests, making clear that companies cannot defeat such demands solely by attacking the scope of their stated purpose, say attorneys at Duane Morris.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.