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Delaware
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April 25, 2025
CFPB Abandons $2.25M Student Loan Trust Deal, Drops Case
The Consumer Financial Protection Bureau on Friday voluntarily dismissed its long-running debt collection practices suit against the National Collegiate Student Loan Trusts, abandoning a $2.25 million proposed settlement that had been held up by objectors.
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April 25, 2025
19 AGs Sue Trump Admin Over Anti-DEI School Funding Threat
Nearly 20 state attorneys general sued the U.S. Department of Education in Massachusetts federal court Friday accusing it of embarking on efforts to withhold funding from educational institutions that engage in vague, undefined, "illegal" diversity, equity and inclusion practices through an agency action passed earlier this month.
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April 25, 2025
Tesla, Allies Urge Reversal Of Musk's $56B Pay Veto
Pointing to solid Tesla stockholder approval of Elon Musk's $56 billion, multiyear compensation plan, the Chamber of Commerce's national office has urged Delaware's Supreme Court to reverse a Chancery Court strikedown of the plan and reconsider a $345 million winning-side class attorney fee.
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April 25, 2025
Judge Asks How Ed Dept. Can Fulfill Mandates Without Staff
A Massachusetts federal judge on Friday appeared skeptical of arguments by the Trump administration that it can continue delivering legally mandated services without reinstating hundreds of U.S. Department of Education employees who were fired last month.
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April 25, 2025
Feds Say Tariff Fight Belongs In International Trade Court
The Trump administration wants to litigate a challenge to its tariffs in a federal trade court, not the D.C. district court, arguing that the U.S. Court of International Trade is the only venue with jurisdiction to hear the case.
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April 25, 2025
US Trustee Says Benson Hill Can't Seal Exec Bonus Info
The U.S. Trustee's Office on Friday asked a Delaware bankruptcy judge to reject bankrupt soybean company Benson Hill's request to seal the names of executives it wants to pay bonuses to, along with the amounts it wants to pay.
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April 25, 2025
Chemours Hit With New Derivative Duty Breach, Waste Suit
A Chemours Inc. stockholder launched a new derivative damage suit against 13 former or current top officers and directors in Delaware's Court of Chancery Friday, adding to state and federal court challenges targeting allegedly conflicted and misleading disclosures about revenues and performance in 2022 and 2023.
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April 25, 2025
3rd Circ. Nixes Legal Group's Win In Pa. Voter Records Case
The Third Circuit overturned a victory for a conservative legal group that seeks to scour state voter registries for ineligible voters, finding Friday the group had not shown harm from Pennsylvania's denial of records in a way that went against the purpose of the National Voter Registration Act.
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April 24, 2025
Circuit-By-Circuit Guide As Justices Confront Class Cert. Split
The U.S. Supreme Court is set for climactic arguments over class certification standards that have cleaved circuits from coast to coast for much of the past two decades, teeing up a make-or-break ruling for many class actions and a transformative event for legal practice in the swelling litigation realm.
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April 24, 2025
PCMag, Mashable Publisher Latest To Sue OpenAI Over IP
Ziff Davis, the publisher behind digital publications like PCMag, Mashable and Everyday Health, on Thursday became the latest media company to launch a lawsuit accusing OpenAI of ripping off copyrighted content to train its artificial intelligence products.
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April 24, 2025
21 Democratic AGs Back Susman Godfrey In Trump EO Fight
Twenty-one Democratic attorneys general filed a brief Thursday supporting Susman Godfrey LLP's fight against President Donald Trump's executive order revoking its access to government resources, saying it threatens lawyers' freedom to represent clients disfavored by the government, such as when John Adams defended British soldiers accused in the Boston Massacre.
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April 24, 2025
Ex-OpenAI Workers, Nobel Laureates Back Musk OpenAI Fight
A group of former OpenAI employees and artificial intelligence experts, including some Nobel laureates, have urged the California and Delaware attorneys general to block OpenAI's move to take the company private, arguing that the attorneys general "have both the authority and duty to protect OpenAI's charitable trust and purpose."
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April 24, 2025
3rd Circ. Revives Sanctions For Undisclosed Bankruptcy Fees
Citing a "legal question of significant public importance," a Third Circuit Court of Appeals panel on Thursday reversed a district court's reversal of a bankruptcy judge's sanctioning of Spector Gadon Rosen & Vinci PC for pursuing additional fees initially undisclosed to the court from a bankrupt couple after agreeing to a flat amount.
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April 24, 2025
FDIC's Hill Faces Dems' Questions Over DOGE Access, Job Cuts
U.S. Sen. Elizabeth Warren and other Democrats called Thursday for the Federal Deposit Insurance Corp. to provide details about the presence of Elon Musk's Department of Government Efficiency at the agency, citing concerns the regulator could be weakened as it looks to reduce its headcount by roughly 1,250 staffers.
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April 24, 2025
Rivian Secures Calif. State Court Win Over Investors' IPO Suit
A California state appellate court affirmed the dismissal of a suit brought against Rivian Automotive accusing the electric vehicle manufacturer and its underwriters of misleading investors ahead of its blockbuster 2021 initial public offering, finding that Rivian's articles of incorporation direct any federal securities-related claims to federal court.
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April 24, 2025
Chancery Nixes Toss Of Crypto Co. Board Cut Challenge
Stockholders of cryptocurrency mining venture Ionic Digital Inc., formed out of the bankruptcy of Celsius Network LLC in Delaware, beat a motion Thursday to toss their suit challenging a one-seat board reduction, with a trial over the matter and other related claims slated to go forward on May 8.
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April 24, 2025
Wilmington Solicitor To Step Down After 6 Years
The solicitor of Wilmington, Delaware, who has spent more than 30 years working as an attorney in the public sector, is retiring from the post after six years, the city has announced.
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April 23, 2025
NY, 11 Other States Sue Trump Administration To Block Tariffs
A dozen states are seeking to block tariffs the Trump administration imposed under the International Emergency Economic Powers Act, claiming in a lawsuit Wednesday the tariffs illegally constitute unprecedented tax hikes on Americans and violate constitutional separations of powers
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April 23, 2025
3rd Circ. Backs Health Network In Suit Over Malpractice Case
The Third Circuit on Wednesday declined to reinstate a retired lawyer's case against the Rothman Institute Orthopedic Foundation for not giving him an affidavit of merit to support medical malpractice claims against different healthcare providers, with the panel ruling the institute did not interfere with his ability to seek legal recourse.
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April 23, 2025
Meta MDL Judge Doubts Insurers' Bid To Kick Fight To Del.
A California federal judge presiding over sprawling social media personal injury multidistrict litigation doubted on Wednesday insurers' arguments their multimillion-dollar coverage fight with Meta belongs in Delaware state court, questioning how moving the case would preserve judicial resources, while observing that Hartford's pre-litigation conduct may have been in bad faith.
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April 23, 2025
Del. Justices Mull Scope Of Jenzabar Founders' Control Feud
A Delaware Supreme Court justice on Wednesday pressed an attorney for a co-founder of higher education software venture Jenzabar Inc. on whether he had adopted a "rather expansive reading" for claims of continuing wrongs in an appeal from rulings tied to a divorcing couple's sprawling battles over control of the business.
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April 23, 2025
Liberty TripAdvisor Sued In Del. For Docs On $435M Sale
A Liberty TripAdvisor Holdings Inc. stockholder sued in Delaware's Court of Chancery on Thursday for documents on the company's planned $435 million sale of its stake in online travel agency giant TripAdvisor, citing a purported lowball price for public shares and potential conflicts involving Liberty's controlling investor.
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April 23, 2025
Fed. Circ. Won't Revive Web Patent Suit Against Meta, Others
The Federal Circuit on Wednesday backed a district court's denial of an inventor's bid to undo a finding that a website hot spot patent he accused Meta, Microsoft and others of infringing was invalid, rejecting his argument he didn't get a fair shot when he was at the Federal Circuit before because U.S. Circuit Judge Pauline Newman was on an earlier panel.
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April 23, 2025
Dolphin Encounter Co. Says Ex-CEO Took Over HQ By Force
A restructuring professional retained by the bankrupt subsidiaries of The Dolphin Co. said in sworn court filings that the debtor's former CEO seized control of the business's Mexican headquarters earlier this month with the help of a cadre of armed men.
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April 23, 2025
Silvergate Settles Securities Class Action For $37.5M In Ch. 11
The parent company of Silvergate Bank has asked a Delaware bankruptcy judge to approve a new deal to settle a securities class action for $37.5 million and resolve a slew of indemnification issues in its Chapter 11, a resolution that the debtor said would save it potentially millions of dollars in legal fees.
Expert Analysis
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.
A Delaware bankruptcy court’s recent decision, examining trucking company Yellow Corp.’s abrupt termination of roughly 25,500 employees, offers financially distressed businesses a road map for navigating layoffs under the Worker Adjustment and Retraining Notification Act, say attorneys at King & Spalding.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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UK Lawyers Can Access Broad US Discovery To Win Cases
Given its breadth, U.S. discovery can be a powerful tool in litigation in the U.K. and other jurisdictions outside the U.S., and a survey of recent cases indicates that discovery requests made in the U.S. are likely to be granted — with many applications even proceeding without contest, say lawyers at Miller & Chevalier.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Predicting Where State AGs Will Direct Their Attention In 2025
In 2025, we expect state attorneys general will navigate a new presidential administration while continuing to further regulate and police financial services, artificial intelligence, junk fees and antitrust, say attorneys at Troutman Pepper.
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A Look At Sweepstakes Casinos' Legal Issues In Fla., Beyond
Scheduled for trial in Florida federal court this fall, the VGW sweepstakes case underscores the growing urgency for gambling states to clarify and enforce their laws in response to emerging online gaming models, as the expansion of sweepstakes casinos challenges traditional interpretations of gambling regulations, say attorneys at Holland & Knight.
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Chancery May Have Raised Bar For Books, Records Requests
The Delaware Court of Chancery recently approved the denial of a books and records demand against Amazon, raising important questions about what evidence and purpose a stockholder is required to show to succeed on such a request, say attorneys at Selendy Gay.
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The Fed. Circ. In 2024: 5 Major Rulings To Know
In 2024, the Federal Circuit provided a number of important clarifications to distinct areas of patent law – including design patent obviousness, expert testimony admissions and patent term adjustments – all of which are poised to have an influence going forward, say attorneys at Knobbe Martens.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Issues To Watch In 2025's ERISA Litigation Landscape
Whether 2024’s uptick in new Employee Retirement Income Security Act cases will continue this year will likely depend on federal courts’ resolution of several issues, including those related to excessive fees, defined contribution plan forfeitures, and pleading standards for ERISA-prohibited transaction claims, say attorneys at Groom Law.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Looking Back At 2024's Noteworthy State AG Litigation
State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.