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August 06, 2025
States Urge Justices To Back Med Mal Laws In Federal Court
Tennessee and 26 other states on Wednesday urged the U.S. Supreme Court to hold that state statutes requiring an expert affidavit in all medical malpractice suits may be applied in federal court, arguing that overriding these laws under federal procedure rules would undermine state authority.
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August 06, 2025
Fox Corp. Seeks Del. Court Ruling On Class Suit Discovery
Fox Corp. attorneys asked a Delaware vice chancellor Wednesday to set boundaries for summary judgment discovery in a derivative suit linking Fox's board and officers to defamation of 2020 election vote tabulation companies, arguing that counsel for stockholders want an "overbroad" probe.
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August 06, 2025
State AGs Want Final OK For $39M Apotex Price-Fixing Deal
Nearly every state attorney general in the country has asked a Connecticut federal judge to give final approval to a $39.1 million deal to settle claims that drugmaker Apotex Corp. schemed with others to fix prices and allocate markets for generic drugs, noting that the Florida-based company has already made the payment.
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August 06, 2025
Renewable Energy Co. Sued In Del. Over $82M 'Hostage' Loan
Lenders to the purportedly insolvent, Chicago-based renewable energy venture Hecate Holdings LLC have sued the company in Delaware's Court of Chancery for allegedly breaching an $82 million loan agreement, holding collateral "hostage" and shifting collateral sale proceeds to unsecured accounts.
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August 06, 2025
AmeriFirst Financial Floats Global Deal In Ch. 11 Case
Bankrupt mortgage service provider AmeriFirst Financial Inc. proposed a global settlement of disputes in its Chapter 11 case that will break a months-long roadblock to resolution of its bankruptcy proceedings.
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August 06, 2025
Big Lots, Gordon Bros. Strike Deal Over HQ Sale Funds
Liquidating retailer Big Lots told a Delaware bankruptcy judge that it has reached a deal with Gordon Brothers Retail Partners after the consulting firm said it was owed the first $10 million from the $36 million sale of Big Lots' corporate headquarters in Ohio.
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August 06, 2025
Jewelry Chain Claire's Hits Ch. 11 Again, Will Close 700 Stores
The parent company of jewelry chain Claire's filed for Chapter 11 protection Wednesday for the second time in seven years with $690 million in funded debt and plans to close 700 stores.
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August 05, 2025
Fat Brands Shareholder Disputes Settle With $10M Payout
Fat Brands Inc.'s chairman and some of the restaurant franchising company's former directors announced Tuesday they agreed to settle a pair of shareholder derivative lawsuits pending in Delaware's Chancery Court that alleged breaches of fiduciary duties concerning a 2020 merger and a 2021 recapitalization.
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August 05, 2025
Fed. Circ. Presses Brita On Bid To Revive Water Filter Patent
A Federal Circuit panel Tuesday questioned Brita LP's effort to reverse a U.S. International Trade Commission decision that a water filter patent is invalid, suggesting the patent describes little more than an unpredictable scientific formula.
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August 05, 2025
Credit Co. Director Seeks Del. Toss Of Harassment-Tied Suit
A former director of credit repair company Credit Glory, accused of fiduciary duty breaches in Delaware's Court of Chancery for alleged sexual harassment of employees, argued on Tuesday that a co-director's purported conflicts in bringing the suit justified dismissal.
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August 05, 2025
Stewart Won't Reconsider Her 1st Settled Expectations Denial
The acting U.S. Patent and Trademark Office director on Tuesday stood by her first-ever decision that an older patent shouldn't have to face Patent Trial and Appeal Board scrutiny.
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August 05, 2025
States Push DOJ To Crack Down On Illegal Offshore Gambling
Attorneys general from several states have written a letter asking the U.S. Department of Justice to target the "rampant spread" of illicit offshore online sports betting and gambling operations, which they say are harming United States citizens and depriving states of tax revenue.
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August 05, 2025
Chancery Sends Steel Co.'s Fraudulent Transfer Suit To Trial
A steel product company's claims that a bankrupt former customer, for which it was also serving as a creditor, fraudulently transferred away millions that could have covered its debts must go to trial, a Delaware vice chancellor ruled on Tuesday.
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August 05, 2025
Binance Founder Seeks Exit From FTX $1.76B Clawback Suit
Former Binance CEO Changpeng Zhao asked a Delaware bankruptcy judge to dismiss him from a clawback suit filed by the estate of bankrupt crypto exchange FTX seeking to recover $1.76 billion it says FTX illegally transferred before its collapse two years ago, saying the transaction was outside the court's jurisdiction.
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August 05, 2025
States Win Ruling To Shield FEMA Disaster Prevention Funds
A Massachusetts federal judge on Tuesday temporarily barred the Trump administration from redirecting more than $4 billion in funds allocated by Congress for natural disaster mitigation efforts toward other Federal Emergency Management Agency programs.
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August 04, 2025
Inventor Sanctioned In Water Meter Patent Case
A Delaware federal judge has sanctioned an attorney and president of a company that sued utility meter reading company Mueller Systems for patent infringement, blocking him from reading any material in the case designated for attorneys' eyes only.
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August 04, 2025
Chancery Bars 'D-Day' Data Block By Nielsen Holdings Spinoff
A Delaware vice chancellor on Monday permanently barred Nielsen Holdings Ltd. spinoff NIQ from carrying out a "fairly blatant" plan to cut off its parent and a competitor from accessing its data, a move the spinoff purportedly described as "D-Day."
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August 04, 2025
Chancery Spreading Workload, Automating Case Assignments
Citing in part efforts to balance jurist workloads, Delaware's ever-slammed Court of Chancery reported plans on Monday to field a new, automated case assignment regime in September that will pull more factors into the mix when distributing new cases.
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August 04, 2025
Catching Up With Delaware's Chancery Court
Last week at the Delaware Court of Chancery, insurance brokerage and risk management giant Marsh & McLennan Cos. sought injunctive relief in a new suit accusing U.S. affiliates of London-based Howden Holdings Ltd. of a poaching scheme that involved over 100 M&M employees resigning on July 21.Â
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August 04, 2025
Moderna Seeks To Be Cleared In $5B COVID Vax Patent Case
Moderna has urged a Delaware federal judge to clear it in a rival mRNA vaccine developer's $5 billion patent suit over the company's COVID-19 vaccines, saying it is shielded because it made them for the federal government.
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August 04, 2025
3rd Circ. Denies Tribal Lender Immunity In Payday Loan Suit
The Third Circuit ruled Monday that tribal immunity doesn't shield GreatPlains Finance LLC from class claims over payday loan interest rates, reasoning that a judgment wouldn't affect the tribe's revenue.
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August 04, 2025
NYC Music Venue Operator Hits Ch. 11 After Project Delays
Avant Gardner, a New York City music venue owner, filed for Chapter 11 in Delaware on Monday, saying renovation and permitting troubles at the Brooklyn Mirage, its largest venue, stopped it from hosting events in the space for the 2025 season.
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August 04, 2025
DuPont Inks $2.5B Deal With NJ Over PFAS Pollution
E.I. du Pont de Nemours and New Jersey have reached a more than $2 billion landmark deal to remedy long-standing "forever chemical" contamination at the company's manufacturing sites across the Garden State, including a longtime facility in Salem County.
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August 01, 2025
PE Investor Can't Move Suit to Del., NC Judge Says
A North Carolina Business Court judge declined to allow a private equity investor to voluntarily dismiss its derivative lawsuit against the fund's asset manager and majority owner and move the case to Delaware, finding that the shareholder failed to plead facts demonstrating a legitimate derivative claim under Delaware law.
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August 01, 2025
Wheeling & Appealing: Midyear Highlights For Every Circuit
In this special edition of Wheeling & Appealing, we're spotlighting key decisions and developments in every circuit court during the first half of 2025, while also previewing August's most intriguing oral arguments, including a remarkably "fierce" showdown between Edible Arrangements and 1-800-Flowers with millions of dollars in attorney fees on the line.
Expert Analysis
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Chancery Ruling Raises Bar For Advance Notice Bylaws Suits
The Delaware Court of Chancery's recent ruling in Siegel v. Morse will make it more difficult for plaintiffs to successfully challenge advance notice bylaws before the emergence of an actual or threatened proxy contest, presumably reducing the occurrence of such challenges, say attorneys at Venable.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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Patenting AI And Machine Learning In The Wake Of Recentive
Though the Federal Circuit's recent decision in Recentive Analytics v. Fox Corp. initially appears to doom patents related to artificial intelligence and machine learning, a closer look shows that strategies for successfully drafting and prosecuting such patents offer hope despite increased pushback from the U.S. Patent and Trademark Office, say attorneys at Banner Witcoff.
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Del. Bill Reflects Nat'l Tug-Of-War Between Cannabis, Alcohol
As Delaware's bill targeting hemp-derived THC beverages and ingestible products moves through the general assembly, it reads like a local regulatory fix — but in reality, it's a microcosm of a national power struggle playing out state-by-state across the cannabis frontier, says attorney Peter Murphy.
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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.