• December 04, 2023

    Texas Land Co. Investors See Share-Expansion Suit Tossed

    A Texas Pacific Land Corp. stockholder group lost on Friday their challenge to a company demand that they vote their shares in favor of a six-fold increase in stock held by one of the state's largest landholders.

  • December 04, 2023

    Catching Up With Delaware's Chancery Court

    Blockchain gaming, lithium-battery production, nutrition supplements and Activision's $68.7 billion sale to Microsoft — nothing is too big or complicated for Delaware's Chancery Court to put on its agenda. The year is winding down, but things haven't slowed in the nation's top court of equity. Check here for all the latest news from the Chancery Court.

  • December 01, 2023

    Justices Call O'Connor 'American Hero,' 'Perfect Trailblazer'

    Following news of retired U.S. Supreme Court Justice Sandra Day O'Connor's death at the age of 93, current and former high court justices paid public homage to her trailblazing career, devotion to the rule of law and illuminating charisma.

  • December 01, 2023

    Google Ends 2 Patent Cases In Western Texas

    Google lawyers managed to hash out their legal fights with two patent-licensing outfits represented by the same powerhouse Delaware patent law firm, over a year after U.S. District Judge Alan Albright of the Western District of Texas sent one of the lawsuits to the Northern District of California, but months after he decided to keep the second in Waco. 

  • December 01, 2023

    Natera Wins Cancer Test Injunction After $19M IP Verdict

    A Delaware federal judge has barred Invitae Corp. from using its Personalized Cancer Monitoring test in certain ways that infringe patents owned by Natera Inc., according to a rare injunction made public Friday.

  • December 01, 2023

    Ex-CEO For Space Cargo Biz Can't Revive Legal Fee Suit

    Delaware's Supreme Court let stand on Friday a Court of Chancery ruling that space infrastructure company Momentus Inc. has no obligation to advance legal fees to its co-founder and former CEO after he waived most of his rights to indemnification and advancement when he left the company in 2021.

  • December 01, 2023

    Former Clerks Say Justice O'Connor Still Worth Emulating

    BigLaw attorneys mentored by former U.S. Supreme Court Justice Sandra Day O'Connor, who died Friday after a lengthy battle with dementia, say she'll be remembered as an incisive jurist who always put facts and practical considerations above abstract ideological commitments, as well as a deeply gracious and down-to-earth woman who never let her dedication to the law overshadow her zest for life.

  • December 01, 2023

    Beauty Tech Co. Hid Compliance Issues, Shareholder Says

    Beauty technology company Cutera exaggerated its financial sustainability and hid compliance issues, which caused stock prices to plummet from $40 to $14 in a five month period, a shareholder said in a lawsuit filed in Delaware federal court.

  • December 01, 2023

    Therapy Co. SPAC Investors Fight Del. Stock-Drop Suit Toss

    An attorney for a blank-check company that took ATI Physical Therapy Inc. public in a deal valued at $2.5 billion in 2021 told a Delaware chancellor Friday that a shareholder lawsuit seeking damages for the venture's immediate nose-dive in stock price failed to acknowledge the deal architects' shared stake.

  • December 01, 2023

    3rd Circ. Lets Rule Stand In Case Where FERC Deadlocked

    The Third Circuit on Friday upheld a rule change allowing the nation's largest grid operator to no longer require state-backed renewable energy sources to meet a price floor in electricity capacity auctions, holding that the appellate court can review the Federal Energy Regulatory Commission deadlock that allowed the rule to take effect.

  • December 01, 2023

    Alecto Health Can Continue With Subchapter V Designation

    Bankrupt hospital owner Alecto Healthcare Services can continue its Chapter 11 case as a small business debtor under Subchapter V of the Bankruptcy Code after a Delaware bankruptcy judge ruled Friday its debts fall under the statutory cap for eligibility.

  • December 01, 2023

    Del. Suit Targets E-Commerce Biz Advance Notice Rule

    Stockholders of online commerce site Wish sought a preliminary injunction in Delaware's Court of Chancery Thursday targeting an advance notice bylaw provision requiring stockholders to disclose other parties with whom they may be acting in concert for director nominations — even if they are unaware of the other party.

  • December 01, 2023

    Kidde-Fenwal Creditors Seek To Sue Parent Companies

    Creditors of bankrupt Kidde-Fenwal Inc. are asking for permission in a Delaware court to sue the fire suppression firm's current and former parent companies, saying they should pay billions of dollars to the estate for their roles in perpetuating the widespread use of unhealthy "forever chemicals" in firefighting foam.

  • December 01, 2023

    3 December Argument Sessions Benefits Attys Should Watch

    Physicians' groups will ask the Sixth Circuit to reinstate their suit claiming the federal government is illegally forcing them to provide gender transition-related care, while American Airlines pilots will try to get their military leave class action back on track at the Third Circuit. Here, Law360 looks at three appellate argument sessions that should be on benefits attorneys' radar in December.

  • December 01, 2023

    4 Decisions For Which Justice O'Connor Will Be Remembered

    Many of the hotly divided cases at the U.S. Supreme Court came down to Justice Sandra Day O’Connor, a central force on the bench whose savviness at striking compromises and taking a pragmatic approach to resolve disputes is on full display in four opinions.

  • December 01, 2023

    Ex-Morris James Worker Loses Jobless Pay Bid In Delaware

    A Delaware Superior Court judge has affirmed an unemployment board's decision denying an ex-Morris James LLP paralegal a year's worth of unemployment benefits after he agreed to leave the firm amid claims that he was retaliated against after he accused one of its partners of misconduct.

  • December 01, 2023

    Justice O'Connor Shattered Barriers, Built Bridges

    A Southwestern cowgirl who will always be known as the first woman to sit on the U.S. Supreme Court, Justice Sandra Day O’Connor inspired those around her with an indomitable work ethic, a deep affection for public service and an innate ability to drive consensus among her colleagues.

  • December 01, 2023

    Sandra Day O'Connor, First Woman On Supreme Court, Dies

    Retired U.S. Supreme Court Justice Sandra Day O'Connor, the court's first female member, died Friday at 93, according to the court. Justice O'Connor's position at the ideological center of the court gave her outsized influence in controversial cases during her 25-year tenure.

  • November 30, 2023

    Chancery Won't Compel Slate For Ocean Data Co. Board Vote

    Citing limited records and conflicting allegations, a Delaware vice chancellor on Thursday refused to issue a preliminary injunction sought by an investment fund that challenged Ocean Power Technologies Inc.'s rejections of the fund's candidate slate and stock purchase plans.

  • November 30, 2023

    Del. Power Struggle For NY Lithium Battery Co. Heats Up

    An investor in a New York-based lithium-ion cell manufacturer that sued in Delaware's Court of Chancery to stop its majority equity holder from carrying out a board coup now says an unnamed secured lender for the startup has intervened in the dispute and is alleging it has the right to replace the company's board.

  • November 30, 2023

    Stockholders Tell Del. Chancellor $69B Activision Deal Void

    Attorneys for Activision Blizzard shareholders told Delaware's chancellor Thursday that the company's now-closed, $68.7 billion sale to Microsoft should be deemed void by the court, based on multiple board and company breaches of merger-and-acquisition mandates for state-chartered corporations.

  • November 30, 2023

    FTX Says IRS Tax Estimate Is $24B Too High

    Bankrupt cryptocurrency exchange FTX asked a Delaware bankruptcy judge to set its tax bill at zero dollars, arguing that the Internal Revenue Service's estimated $24 billion in claims threaten to halt any progress in getting a Chapter 11 plan approved.

  • November 30, 2023

    Unsecured Creditors Oppose Vesttoo's Bid To Hire Israeli Firm

    Unsecured creditors of bankrupt Israel-based fintech business Vesttoo are asking a Delaware federal judge to deny the company's request to retain an Israeli law firm in its Chapter 11 case, saying it hasn't yet been explained what services the firm will provide.

  • November 30, 2023

    LifeVantage Stockholders Sue In Del. Over Board Protections

    Stockholders in LifeVantage Corp. filed a proposed class action against the company and its board of directors in Delaware's Court of Chancery on Wednesday, seeking a declaration that the company's recent effort to shield its directors from liability is invalid and violates state law.

  • November 29, 2023

    PTAB Axes Conveyor Belt Patent Claims

    The Patent Trial and Appeal Board has found part of a conveyor belt patent was invalid, saying five claims in the patent owned by Laitram LLC were invalid.

Expert Analysis

  • Managing ANDA Venue Issues As Del. And NJ Filings Rise

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    Delaware and New Jersey have prevailed as the primary forum for pharmaceutical litigation as more generic companies file abbreviated new drug applications, but this venue scheme presents traps for the unwary, and legislation may still be necessary to ensure fairness and predictability, say Timothy Cook and Kevin Yurkerwich at WilmerHale.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • Chancery's 'Unfair Deal, Fair Price' Ruling Part Of A Trend

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    The Delaware Court of Chancery's recent decision in In re: Straight Path Communications is the latest in a line of recent post-trial rulings by the court that seem to prioritize a fair price in determining damage awards — even when a transaction has been clouded by an unfair process, say attorneys at V&E.

  • Asserting 'Presence-Of-Counsel' Defense In Securities Trials

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    As illustrated by the fraud trial of FTX founder Sam Bankman-Fried, defense attorneys in securities trials might consider arguing that counsel had some involvement in the conduct at issue — if the more formal advice-of-counsel defense is unavailable and circumstances allow for a privilege waiver, say Joseph Dever and Matthew Elkin at Cozen O'Connor.

  • An Overview Of Circuit Courts' Interlocutory Motion Standards

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    The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • 10 Essential Bankruptcy Litigation Tips For In-House Counsel

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    Bankruptcy litigation is a complex and multifaceted area of law that poses unique challenges for in-house counsel, and there are several tools at legal professionals' disposal, like appraisals and understanding jurisdictions, to stay well-informed and protect their companies' interests, says Alison Ashmore at Dykema.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Tips For Avoiding Disputes From M&A Earnout Provisions

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    Attorneys at Freshfields review key Delaware cases to outline several important considerations that may reduce the risk of an earnout dispute arising from a merger agreement and help the parties navigate disputes when they do occur.

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