Citing in part aversion to "speculative litigation," Delaware's Supreme Court on Tuesday reversed a ruling that kept in play potential stockholder damage claims in connection with the proposed reincorporation in Nevada of TripAdvisor and its parent, finding that business judgment deference should govern the court challenge.
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WEDNESDAY, FEBRUARY 5, 2025 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Del. Justices Nix Fairness Ruling In TripAdvisor Nevada Move

By Jeff Montgomery

Citing in part aversion to "speculative litigation," Delaware's Supreme Court on Tuesday reversed a ruling that kept in play potential stockholder damage claims in connection with the proposed reincorporation in Nevada of TripAdvisor and its parent, finding that business judgment deference should govern the court challenge.

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Fidelity National Urges Del. Toss Of Weak F&G Deal 'Gripe'

By Jeff Montgomery

An attorney for Fidelity National Financial Inc. told a Delaware vice chancellor Tuesday that stockholders failed to do more than "fundamentally gripe" about terms of a $250 million investment in spun-off F&G Annuities & Life Inc. when the shareholders sued for breaches of fiduciary duty last year.

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Del. Judge Tells Fuel Cell Co. Investors To Filter Imprecise Suit

By Sydney Price

A Delaware federal judge on Tuesday ruled that investors of hydrogen fuel cell company Plug Power Inc. must submit more particular details to support their allegation that shareholders were damaged by the company's failure to disclose production challenges, saying it is not the court's responsibility to filter out evidence.

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Law360 Seeks Members For Its 2025 Editorial Boards

Law360 is looking for avid readers of our publications to serve as members of our 2025 editorial advisory boards.

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BANKRUPTCY COURT

Liberated Brands Gets OK To Tap $25M In Ch. 11 Financing

By Emily Lever

A Delaware bankruptcy judge on Tuesday agreed to give interim approval for outdoors and athletic clothing retailer Liberated Brands LLC to access $25 million of its $35 million debtor-in-possession financing.

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Judge Rejects Blink Fitness Ch. 11 Plan Exculpations

By Rick Archer

A Delaware bankruptcy judge Tuesday rejected Blink Fitness' request to shield the administrator of its Chapter 11 wind-down plan from legal liability, saying she can't release claims for future acts.

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THIRD CIRCUIT

3rd Circ. Urged To Nix Tax On $191M In Family Pharma Feud

By Anna Scott Farrell

A pharmaceutical company's $191 million payment settling a family feud over shares of the business did not include imputed interest triggering higher taxes as the U.S. government claims, a trust for family members who received the money told the Third Circuit.

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DISTRICT COURT

AI Clean Energy Co. SPAC Suit Should Be Zapped, Judge Says

By Katryna Perera

A federal magistrate judge has recommended the dismissal of a derivative shareholder suit accusing the top brass of Stem Inc., an artificial intelligence-driven clean energy company, of making misleading statements leading up to a conflicted merger with a special purpose acquisition company, saying no one should have to "connect the dots" to figure out what is specifically being alleged against them. 

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Meta Attacks Insurers' Bid To Remand Social Media MDL Row

By Hope Patti

Meta asked a Delaware federal court to postpone ruling on its insurers' request to remand a dispute over coverage for thousands of suits alleging harm from the company's social media platforms, saying the action will likely soon be transferred to multidistrict litigation in California alongside the underlying claims.

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EXPERT ANALYSIS

Losing A Motion To Dismiss Ruling Isn't Necessarily The End

A recent Delaware Court of Chancery ruling, that the Manti Group had not demonstrated any conflicts of interest favoring private equity fund operator The Carlyle Group, serves as an important reminder that a decision on a pleading motion is not the end of the story, say attorneys at Sidley.

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Imagine The Possibilities Of Openly Autistic Lawyering

Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.

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LEGAL INDUSTRY

Senate Confirms Pam Bondi To Be AG

By Courtney Bublé

The U.S. Senate voted 54-46 on Tuesday to confirm Pam Bondi to be attorney general.

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'Is This A Joke?' Judge Denies Atty Fees For Grocery Patrons

By Bryan Koenig

A California federal judge had so little tolerance for shoppers claiming victory and seeking attorney fees from the abandoned Kroger-Albertsons merger that in tossing their motion and underlying lawsuit he noted with incredulity, "Plaintiffs are actually making these arguments."

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Trump Selects McKinsey CLO For Commerce Department GC

By Hailey Konnath

President Donald Trump on Monday nominated McKinsey & Co.'s Chief Legal Officer Pierre Gentin to serve as the next general counsel at the U.S. Department of Commerce, according to congressional records.

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Haynes Boone Adds 7-Atty Seward & Kissel Team In NY

By Christine DeRosa

Haynes Boone has grown its fund finance and securitization practices with the addition of seven attorneys from Seward & Kissel LLP, including the head of the firm's asset securitization and CLO practice group.

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Former Conn. US Attorney Returns To McCarter & English

By Christine DeRosa

Vanessa Roberts Avery, who recently stepped down as U.S. attorney for the District of Connecticut, has returned to her roots as a business litigator at McCarter & English LLP in Hartford, Connecticut.

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Analysis

Wheeling & Appealing: The Latest Must-Know Appellate Action

By Jeff Overley

February is off to a rip-roaring start in several circuits, and there's plenty more action ahead, including a moment of truth for judiciary policymaking that has managed to anger both the defense and plaintiffs bars. We'll explore all that in this edition of Wheeling & Appealing, which also includes an appellate quiz pegged to recent presidential news.

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DOJ Criminal Division Leader Joins White & Case's DC Shop

By Jack Rodgers

White & Case LLP announced on Tuesday it was growing its white collar team with the addition of partner Brent Wible, who told Law360 Pulse that it was time for him to step back into private practice following a five-year stint with the U.S. Department of Justice.

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Trump Picks AG Paxton Atty For Homeland Security Dept.

By Catherine Marfin

Texas Attorney General Ken Paxton's special counsel, who is also a former member of President Donald Trump's reelection campaign, has been tapped for the U.S. Department of Homeland Security, Paxton announced Tuesday.

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LAW FIRMS IN TODAY'S NEWS

Alioto Law Firm

Arnold & Porter

Asher Kelly

Ballard Spahr

Bayard PA

Bernstein Litowitz

Bielli & Klauder

Block & Leviton

Boies Schiller

Bronstein Gewirtz

Brown Law Firm

Cahill Gordon

Clement & Murphy

Cooper & Kirk

Covington & Burling

Cummings & Lockwood

DLA Piper

Debevoise & Plimpton

Dechert LLP

Dilworth Paxson

Farnan LLP

Freshfields

Friedlander & Gorris

Friedman Oster

Goodwin Procter

Haynes Boone

Hogan Lovells

Holtzman Vogel

Holwell Shuster

Jones Day

Kelley Drye

Kessler Topaz

Kirkland & Ellis

Klehr Harrison

Kramer Levin

Labaton Keller

Latham & Watkins

Law Offices of Lawrence G. Papale

McCarter & English

McDermott Will & Emery

O'Melveny & Myers

Orrick Herrington

Potter Anderson

Quinn Emanuel

Richards Layton

Robbins Geller

Ross Aronstam

Ruggeri Parks

Seward & Kissel

Sidley Austin

Stamoulis & Weinblatt

Sullivan & Cromwell

Troutman

Veen Firm

Vinson & Elkins

Weil Gotshal

White & Case

Young Conaway

COMPANIES IN TODAY'S NEWS

Amazon.com Inc.

American Association for Justice

American Chemistry Council Inc.

American Petroleum Institute Inc.

Authentic Brands Group LLC

Ballard Partners Inc.

Berwind Corporation

Billabong Inc.

Boardriders Inc.

Campaign Legal Center

Chevron Corp.

Citadel Securities LLC

Citizens for Responsibility & Ethics in Washington

Colorcon Inc.

Credit Suisse Group AG

Earthjustice

Epic Games Inc.

Fidelity National Financial Inc.

Fordham University

Google LLC

Instagram Inc.

JPMorgan Chase & Co.

JetBlue Airways Corp.

LegitScript LLC

LinkedIn Corp.

Major League Baseball Inc.

McKinsey & Co. Inc.

Meta Platforms Inc.

Microsoft Corp.

National Association of Realtors

National Retail Federation Inc.

Natural Resources Defense Council

Pharmaceutical Research & Manufacturers of America

Plug Power, Inc.

Quiksilver Inc.

Rocket Mortgage LLC

SAP AG

Salesforce.com Inc.

Saudi Arabian Oil Co.

Sierra Club

Space Exploration Technologies Corp.

Spectrum Management Holding Co.

Stem Inc.

Texas Bankers Association

The Carlyle Group Inc.

The Geo Group Inc.

The Goldman Sachs Group Inc.

The Kroger Co.

TransUnion LLC

TripAdvisor Inc.

U.S. Chamber of Commerce

Uber Technologies Inc.

United Food & Commercial Workers International Union

United Natural Foods Inc.

Volcom, Inc.

Washington Legal Foundation

Zillow Group Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Consumer Financial Protection Bureau

Delaware Court of Chancery

Equal Employment Opportunity Commission

Federal Communications Commission

Federal Election Commission

Federal Energy Regulatory Commission

Federal Trade Commission

Internal Revenue Service

Library of Congress

National Labor Relations Board

Texas Supreme Court

U.S. Bankruptcy Court for the District of Delaware

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Department of Commerce

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. Department of the Interior

U.S. District Court for the District of Connecticut

U.S. District Court for the District of Delaware

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of New York

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

U.S. Tax Court