SUPREME COURT
Analysis
The Moments That Shaped The Universal Injunction Case
By Cara Bayles and Steven Trader
The U.S. Supreme Court voted along ideological lines when it hindered the ability of federal district court judges to issue nationwide pauses on presidential policies, but that outcome didn't seem like a foregone conclusion during oral arguments earlier this year. What do the colloquies suggest about the justices' thinking? Here are some moments that may have swayed them.
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COURT OF CHANCERY
BANKRUPTCY COURT
NY Landlord Sues Walmart, Others In Del. Alleging Fraud
By Jeff Montgomery
A New York City landlord sued Walmart Inc. and the bankruptcy successor to Bonobos Inc. in Delaware's Court of Chancery late Thursday, asserting hundreds of million in claims and compensatory and punitive damages under both Delaware and New York law arising from an allegedly fraudulent transfer of a Fifth Avenue retailer's lease and obligations.
Complaint attached |
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ROUNDUPS
EXPERT ANALYSIS
Opinion
IPR Denial In IRhythm Should Not Set A Blanket Rule
Though the Patent Trial and Appeal Board's discretionary denial in iRhythm v. Welch Allyn last month raised concerns that mere knowledge of a patent could bar inter partes review institution, a closer look at the facts and reasoning reveals why this case's holdings should not be reflexively applied to all petitioners, says David McCombs at Haynes Boone.
Decision attached |
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LEGAL INDUSTRY
Supreme Court Takes Up Transgender Sports Bans
By Katie Buehler and Alex Lawson
The U.S. Supreme Court agreed Thursday to hear challenges to West Virginia and Idaho laws barring transgender athletes from competing on sports teams consistent with their gender identity, putting yet more anti-trans legislation to the test after upholding Tennessee's ban on gender-affirming care for minors this term.
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Pa. Judge's COVID Fraud Charges Survive Dismissal Bid
By P.J. D'Annunzio
A Pennsylvania state judge accused of misusing COVID-19 unemployment relief money to pay his law firm's staff has lost a bid to shake the criminal charges he's facing, as a federal judge rejected the state judge's argument that prosecutors withheld his ex-workers' employment records that he sought to determine their credibility.
Order attached |
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Analysis
SEC Signals Openness To Novel Crypto ETPs
By Aislinn Keely
The U.S. Securities and Exchange Commission appears to be laying the groundwork to approve increasingly innovative crypto exchange-traded products with a staff statement on disclosure expectations and the recent approval of a novel fund, but experts said the commission's openness comes with a focus on fulsome disclosure.
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GC Cheat Sheet: The Hottest Corporate News Of The Week
By Michele Gorman
Target's board faces a shareholder derivative suit that accuses the retail giant of damaging the company by implementing an LGBTQ+ Pride-themed marketing campaign, despite knowing the risk of "public backlash." Meanwhile, SolarWinds and the SEC are close to resolving a novel case that alleges the software developer hid faulty cybersecurity practices before a major breach. These are some of the stories in corporate legal news you may have missed in the past week.
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Law360's Legal Lions Of The Week
By Kevin Penton
The Becket Fund for Religious Liberty leads this week's edition of Law360 Legal Lions, after the U.S. Supreme Court ruled that a Maryland school district burdened parents' religious rights when it declined to provide opt-outs from a policy that introduced LGBTQ-themed storybooks into its K-12 English curriculum.
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