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Delaware
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September 30, 2025
3rd Circ. Parses 'Could' And 'Would' In Lipitor Lawsuit
A Third Circuit panel questioned Tuesday whether drug wholesalers and health plans had offered enough evidence that Pfizer Inc. and Ranbaxy Laboratories Ltd. conspired to delay generic competition for the cholesterol drug Lipitor, focusing on whether the U.S. Food and Drug Administration would have approved the competitor earlier than November 2011.
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September 30, 2025
4 Federal Circuit Clashes To Watch In October
The Federal Circuit will hear arguments next week in cases where a nearly $42 million patent win for Seagen hangs in the balance due to a later post-grant review invalidity decision and where Regenxbio is seeking to undo the invalidation of its gene therapy patent for covering a natural product.
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September 30, 2025
Regions Bank Brass Must Face Suit Over $191M sa¹ú¼Ê´«Ã½ Fine
A Delaware chancellor ruled Tuesday that most board members of Regions Bank cannot escape a shareholder derivative suit over a $191 million fine the bank paid to the Consumer Financial Protection Bureau in 2022 for charging unlawful "surprise" overdraft fees on certain debit card transactions and ATM withdrawals.
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September 30, 2025
$200M Investor In Studio 8 Asks Chancery For Records
A Chinese investor has asked the Delaware Chancery Court to force Studio 8 Holdings LLC to open its books, alleging the Hollywood film and television production company squandered a $200 million investment the investor made in June 2014.
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September 30, 2025
3rd Circ. Mulls Liens On Casino Revenue In Pa. City's Ch. 9
The Third Circuit Court of Appeals on Tuesday pressed attorneys for Delaware County and municipal bondholders on why their liens on city-generated revenues carried forward when the Pennsylvania city of Chester filed for bankruptcy in 2022.
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September 30, 2025
NPR Fights CPB's $30M Grant Shift In Court
A federal judge got assurances from Corporation for Public Broadcasting lawyers Tuesday that it won't commit $30 million to a new National Public Radio alternative for managing the public radio satellite system for at least the next month as he considers a motion from NPR for an injunction blocking the move indefinitely.
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September 30, 2025
Del. Justices Won't Revive Gellert Seitz Malpractice Case
The Delaware Supreme Court on Tuesday rejected a homebuilder's bid to revive its legal malpractice suit against Gellert Seitz Busenkell & Brown LLC over damages the builder said it suffered due to the firm's negligence in loan restructuring disputes with a bank.
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September 30, 2025
Deel Urges Court To DQ Quinn Emanuel In Trade Secrets Fight
Payroll and human resources company Deel Inc. is urging a Delaware state court to disqualify Quinn Emanuel Urquhart & Sullivan LLP from representing its competitor Rippling in a trade secrets fight, saying its request is "a textbook case for disqualification" due to a conflict of interest.
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September 30, 2025
Law Professors, Tech Groups Back ROSS In Westlaw IP Fight
A tech startup appealing an adverse fair use ruling to the Third Circuit has received nearly a dozen briefs in support of its position that it did not infringe copyrighted material from Thomson Reuters' Westlaw platform to create a competing legal research tool driven by artificial intelligence.
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September 30, 2025
Musk Escapes X Corp. Workers' Severance Suit In Del.
A federal judge in Delaware has tossed 14 counts naming billionaire Elon Musk in a suit filed by six former X Corp. employees seeking severance benefits, with all but two dismissed with prejudice.
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September 29, 2025
Supreme Court Considers 7 Patent Petitions
The U.S. Supreme Court held its first conference Monday, presenting the justices with several petitions of interest to patent practitioners before the court's new term kicks off next week.
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September 29, 2025
Pfizer Says Drugmaker Moving Too Early On Arthritis Generic
Pfizer has asked a Delaware federal court to block generic-drug maker Prinston Pharmaceutical from moving forward with plans to sell a generic version of the arthritis drug Xeljanz that would allegedly infringe Pfizer's patent.
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September 29, 2025
DHS Can't Tie FEMA Funds To Immigration Agenda, AGs Say
A dozen state attorneys general sued the Department of Homeland Security in Rhode Island federal court on Monday, accusing it of holding emergency response funding hostage unless they help enforce federal immigration laws, despite a recent court order blocking the department's attempts to condition funds on such assistance.
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September 29, 2025
Del. Heavyweight Firms Get Lead Spot For Endeavor Deal Suit
The Delaware Chancery Court tapped Bernstein Litowitz Berger & Grossmann LLP and Grant & Eisenhofer PA on Monday as lead co-counsel for the shareholder class action over sports and entertainment company Endeavor Group Holdings Inc.'s $13 billion take-private merger.
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September 29, 2025
Chancery Mulls Bid To Toss AI-Linked Battery Co. SPAC Suit
Attorneys representing a blank-check company that took artificial intelligence-driven energy storage business Stem Inc. public in April 2021 argued in Delaware's Court of Chancery on Monday that investors suing over the deal are following a "free pass to trial" strategy that the court has cautioned against.
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September 29, 2025
In Chancery, Bankrupt First Brands Accused Of Deal Breach
Automotive manufacturer Grammer Inc. filed a suit in the Delaware Chancery Court accusing APC Parent LLC and guarantor First Brands Group, which filed for Chapter 11 protection on Sunday, of breaching multiple agreements and withholding more than $20 million in payments involved with a $40 million merger.
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September 29, 2025
Chancery Urged To Keep Alive Ukrainian Oligarch Suit
An attorney for an investor seeking to recover $58.5 million allegedly lost to individuals and entities entangled in decades-old fraud-related allegations involving two Ukrainian oligarchs and others urged a Delaware vice chancellor Monday to reject claims that time ran out for the case years ago.
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September 29, 2025
Claire's To Sell 156 UK Stores In Ch. 11
Jewelry retailer Claire's has secured a sale for some of its business in the U.K. and Ireland to private equity firm Modella Capital, the company's British restructuring administrator announced Monday.
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September 29, 2025
3rd Circ. Denies Pilots' Bid To Revive Military Leave Class
The Third Circuit will not review a Pennsylvania federal judge's order decertifying a class of American Airlines pilots who claim they were denied pay and profit-sharing benefits during their time off on military leave, the court announced Monday.
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September 29, 2025
Fed. Circ. Backs Lyft Win In PTAB Car ID Patent Challenge
The Federal Circuit on Monday refused to revive claims across five vehicle identification system patents, affirming Patent Trial and Appeal Board decisions that rideshare giant Lyft was able to show that the claims were invalid.
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September 29, 2025
Catching Up With Delaware's Chancery Court
A Delaware vice chancellor expressed disappointment and concern over what she says is a "breakdown" in "civility and respect" that has emerged in recent Delaware corporate litigation. A $30 million settlement was approved in the five-year running Match.com reverse spinoff suit, and the top brass of Estée Lauder were hit with a derivative suit for allegedly covering up the company's reliance on prohibited, duty-free "gray market" sales of its products in China.
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September 26, 2025
States Sue HHS For Order Erasing Gender Ideology In Sex Ed
More than a dozen state attorneys general sued the U.S. Department of Health and Human Services in Oregon federal court Friday, accusing it of violating the Administrative Procedure Act by threatening to revoke grant funding for teen sexual health education unless they eliminate language concerning "gender ideology" from their program materials.
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September 26, 2025
CareDx Asks 3rd Circ. To Rethink $45M False Ad Case
Medical testing company CareDx has asked the Third Circuit for a panel rehearing or a rehearing before the entire circuit to consider reinstating a $45 million jury award in a false advertisement case over genetic testing technology against rival Natera.
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September 26, 2025
Del. Suit Alleges Fast-Break Betrayal In NBA Team Bid Plan
RAJ Sports Holdings LLC is accusing co-CEOs of Panda Express and their family trust of breaching an exclusivity and confidentiality agreement by exiting a nearly completed deal to buy the NBA's Portland Trail Blazers and joining forces with another multibillion-dollar bidder.
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September 26, 2025
Dr. Evil Gets Brief Callout In Del. Take-Public Merger Suit
Attorneys for a blank-check company that claimed at least $30 million in damages in Delaware's Court of Chancery after an alleged take-public merger breach on Friday branded the accused breacher's $2.1 billion counterclaim as being "worthy of Dr. Evil in the 'Austin Powers' movies."
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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Junior Attys Must Beware Of 5 Common Legal Brief Mistakes
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Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.
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3rd Circ. Clarifies Ch. 11 3rd-Party Liability Scope Post-Purdue
A recent Third Circuit decision that tort claims against the purchaser of a debtor's business belong to the debtor's bankruptcy estate reinvigorates the use of Chapter 11 for the resolution of nondebtor liability in mass tort bankruptcies following last year's U.S. Supreme Court ruling in Purdue Pharma, say attorneys at Sullivan & Cromwell.
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Series
Power To The Paralegals: How And Why Training Must Evolve
Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.
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Series
Playing Softball Makes Me A Better Lawyer
My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.
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And Now A Word From The Panel: Choosing MDL Venues
One of the most interesting yet least predictable facets of the Judicial Panel on Multidistrict Litigation's practice is venue — namely where the panel decides to place a new MDL proceeding — and its choices reflect the tension between neutrality and case-specific factors, says Alan Rothman at Sidley.
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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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Series
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.