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August 21, 2025
Consumer Advocates Blast FERC Inaction On Power Auction
Consumer advocates and municipal utilities have told the D.C. Circuit that the Federal Energy Regulatory Commission can't use a Third Circuit ruling to claim it is powerless to prevent the rerunning of a flawed electricity capacity auction that overcharged consumers by $183 million.
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August 21, 2025
States Urge 2nd Look At $185M Metals Fraud Ruling
State regulators are asking a Texas federal judge to reconsider a ruling that threatens a $185 million fraud case before it can be brought to trial in October, saying that the judge contradicted ruling precedent when he decided that metals like gold and silver don't qualify as commodities in some instances.
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August 21, 2025
Claire's Gets Interim Approval For $22.5M DIP Facility
A Delaware bankruptcy judge on Thursday gave interim approval to bankrupt jewelry chain Claire's to receive a $22.5 million debtor-in-possession facility from a private holding company that plans to buy the majority of the company's U.S. stores through an asset purchaser agreement.Â
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August 21, 2025
Nikola Ch. 11 Plan Ignores Trump Pardon, Founder Says
Trevor Milton, the founder and former CEO of electric-truck maker Nikola who was convicted of securities fraud, has asked the Delaware bankruptcy court not to allow the company to subordinate his $69 million claim, saying its Chapter 11 plan doesn't accurately account for the full presidential pardon he received earlier this year.
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August 21, 2025
High Court Allows Trump Admin To Cancel $783M In NIH Grants
The U.S. Supreme Court on Thursday allowed the Trump administration to resume the mass termination of scientific grants, overturning rulings by lower courts that had kept the funds flowing to universities and other recipients.Â
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August 21, 2025
Tyson Foods Sued In Del. For Docs On Poultry Care, Deaths
A Tyson Foods Inc. stockholder on Thursday sued the company — which is the largest among the nation's chicken producers — for a Delaware Court of Chancery ruling compelling release of records on alleged child labor violations and failures by Tyson to assure proper feeding and treatment of poultry grown on contract farms.
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August 21, 2025
Ore. Whiskey Distillery Asks To Add $500K To Ch. 11 Loan
Portland, Oregon-based whiskey producer House Spirits has asked a Delaware bankruptcy judge for permission to borrow an additional $500,000 in cash to finance its Chapter 11 case, raising the amount of its debtor-in-possession loan to more than $2 million.
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August 20, 2025
17 States, DC Urge FDA To Lift Mifepristone Restrictions
Seventeen states and the District of Columbia Wednesday joined four others in urging the U.S. Food and Drug Administration to lift restrictions on the abortion drug mifepristone, saying that data their health departments collected overwhelmingly back the drug's safety.
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August 20, 2025
Masimo Targets CBP Over Latest Apple Watch Import Ruling
Masimo sued U.S. Customs and Border Protection in D.C. federal court Wednesday, arguing the agency defied the law by issuing a ruling that found a newly redesigned version of Apple's smartwatches is not subject to an import ban in the companies' patent dispute.
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August 20, 2025
Envestnet Didn't Preserve Data In IP Suit, Special Master Says
A special master in Delaware federal court has recommended sanctioning Envestnet for failing to properly preserve data from a piece of log management software as part of a suit, accusing it of scheming to steal rival fintech software company FinApps' trade secrets.
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August 20, 2025
States Say Kidde-Fenwal Ch. 11 Disclosures Still Inadequate
Attorneys for seven states and Washington, D.C., have told a Delaware bankruptcy court that firefighting foam maker Kidde-Fenwal Inc. failed to meet court-directed disclosure statement requirements for its latest, fifth-amended Chapter 11 liquidation plan and called for rejection of the document.
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August 20, 2025
Reinsurer Must Face Investors' Omission Suit, 3rd Circ. Says
The Third Circuit Wednesday wiped out Maiden Holdings' summary judgment win over investors accusing the reinsurance company of misrepresenting its underwriting and risk management practices, saying the district court misapplied U.S. Supreme Court precedent regarding the materiality of withheld information.
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August 20, 2025
Feds Lose Bid To Seal In Vax Patent Case Against Moderna
The U.S. government has failed to show why names and contact information of certain U.S. Department of the Army employees should be hidden in an mRNA vaccine developer's $5 billion patent suit over Moderna's COVID-19 vaccines, a federal judge has found.
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August 20, 2025
Honeywell Ex-Worker Appeals 401(k) Forfeiture Suit Toss
A former employee for Honeywell will seek Third Circuit review of a New Jersey federal judge's decision to toss a proposed class action alleging Honeywell violated federal benefits law by putting 401(k) forfeitures toward employer-side contribution obligations instead of defraying administrative expenses.
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August 20, 2025
Claire's Pitches Over $104M Sale Of US Stores In Ch. 11
Bankrupt jewelry chain Claire's announced plans Wednesday to sell intellectual property and some of its U.S. stores to a private holding company for $104 million in cash as well as other inducements.
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August 19, 2025
PE Firm Hit With Contempt, Receiver In Del. Over Legal Bills
A magistrate in the Delaware Chancery Court has entered an order for contempt and sanctions, as well as a receivership, against private equity firm 777 Partners in its former chief financial officer's suit seeking advancement of legal fees in connection with a fraud investigation and multiple lawsuits related to the company's business.
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August 19, 2025
Inovalon Investor Suit Over $7.3B Nordic Deal Gets Class Cert.
A Delaware chancellor has certified a class of Inovalon Holdings common stockholders who challenged the $7.3 billion go-private sale of the company to Nordic Capital and claimed Inovalon failed to disclose that the investors who bought it paid $400 million in fees to its financial adviser before the transaction.Â
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August 19, 2025
Insurers Pull Back From Discord Liability Coverage Fight
Four insurers jointly have agreed to dismiss a complaint, counterclaims and crossclaims focused on insurer risks and liability related to social media site Discord Inc., now the target of multiple suits accusing the site of facilitating child exposure to graphic content, abuse and exploitation.
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August 19, 2025
Chancery Dings Marsh McLennan Over Defection Suit Conduct
In sometimes chiding language, a Delaware vice chancellor ruled on Tuesday a New York federal judge will go first in a multicourt battle over Delaware-chartered insurance brokerage Marsh McLennan's challenges to employee defections allegedly orchestrated by Howden Holdings Ltd.
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August 19, 2025
3rd Circ. Upholds Conviction After Traffic Stop 'Small Talk'
A man sentenced to 10 years in prison after police found guns and drugs in his car during a traffic stop can't have the evidence suppressed even though the police engaged him in small talk unrelated to the stop, the Third Circuit affirmed Tuesday, finding that the rapport-building conversation was warranted.
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August 19, 2025
Dredging Vehicle Patent Sinks Over On-Sale Bar At Fed. Circ.
The Federal Circuit on Tuesday affirmed a Louisiana federal court's axing of claims in a Wilco Marsh Buggies and Draglines Inc.'s excavator and dredging vehicle patent, saying they were invalid because the product detailed in the patent was sold in the 1990s.
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August 19, 2025
Credit Union Seeks Coverage For ITM Hack, Fraud Schemes
An insurer owes nearly $715,000 for two separate losses a credit union incurred after a crime ring hacked a number of its interactive teller machines and a counterfeit check fraud scheme affected multiple account holders, the credit union said in a lawsuit removed to Delaware federal court.
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August 19, 2025
Title Insurer Says No Fiduciary Duty Owed To Board Members
A Connecticut-based title insurance company and its subsidiary have argued in a court filing that a former board member lacks standing under Delaware and Florida law to assert fiduciary duty claims against fellow directors, the companies and their in-house counsel.
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August 19, 2025
Linqto Says Ch. 11 Plan Will Have In-Kind Customer Payment
Linqto and its unsecured creditors committee told a Texas bankruptcy judge Tuesday that they have come to an agreement to give customers the chance for in-kind payment in the investment platform's Chapter 11 plan.
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August 18, 2025
HHS Says Layoffs, Reorganization Are Within Its Authority
The Trump administration urged a Rhode Island federal judge to toss claims that massive cuts to the Health and Human Services Department violate the U.S. Constitution and usurp congressional authority, arguing the state plaintiffs don't have the authority to dictate how the executive branch manages its personnel.
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.