Billionaire investor Carl Icahn may not put his Chancery Court litigation against biotechnology company Illumina Inc.'s board on hold for a review of a decision that struck portions of the complaint that were based on confidential information, Delaware's Supreme Court said Thursday, upholding the lower court's rejection of the midcase appeal.
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TOP NEWS

Del. Justices OK Denial Of Icahn-Illumina Midcase Appeal Bid

By Leslie A. Pappas

Billionaire investor Carl Icahn may not put his Chancery Court litigation against biotechnology company Illumina Inc.'s board on hold for a review of a decision that struck portions of the complaint that were based on confidential information, Delaware's Supreme Court said Thursday, upholding the lower court's rejection of the midcase appeal.

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FTX Brass, Investors Can't Move Bankruptcy Suit To MDL

By Elliot Weld

The Judicial Panel on Multidistrict Litigation on Thursday denied a bid to move a Delaware bankruptcy proceeding regarding the collapse of cryptocurrency exchange FTX Trading Ltd. to an ongoing multidistrict litigation brought by the company's investors seeking to recoup their losses.

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Fired Yellow Corp. Workers Can Proceed With Class Action

By Alex Wittenberg

A Delaware bankruptcy judge on Thursday lent support to a group of laid off Yellow Corp. workers in their bid to bring a class action against the insolvent trucking company, saying he would recognize claims tied to the terminations brought by both union members and others.

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Flopped Casino SPAC Investor Sues In Del. To Block Payout

By Leslie A. Pappas

An investor in a special purpose acquisition company that made a doomed, $2.7 billion effort to buy a casino in the Philippines has asked Delaware's Court of Chancery to prevent the SPAC from redeeming its outstanding shares, arguing it would violate Delaware law because the SPAC is insolvent.

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State Rules Can't 'Obliterate' Federal Rights, Justices Told

By Katie Buehler

The U.S. Supreme Court must clarify that states are categorically prohibited from requiring plaintiffs to exhaust local administrative remedies before pursuing claims that state officials violated federal rights, several Alabamans told the court Thursday, warning that state prerequisites obliterate federal rights.

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BANKRUPTCY COURT

Nogin Can Get Another $3M In Ch. 11 Cash To Get Plan Done

By Vince Sullivan

E-commerce company Nogin Inc. received permission Thursday from a Delaware bankruptcy court to draw another $3 million in Chapter 11 financing as it continues working toward implementing its court-approved restructuring plan.

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Canadian Trucking Co. Needs More Time For US DIP Approval

By Ben Zigterman

At a hearing Thursday in Delaware bankruptcy court, Canadian trucking company Pride Group was unable to reach an agreement on provisional approval of its debtor-in-possession facility that received the go-ahead in Canadian court, as the U.S. Trustee warned of the expanding scope of Chapter 15 provisional relief hearings.

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DISTRICT COURT

NJ Climate Suit Goes 'Far Beyond' Boundaries, Oil Cos. Say

By George Woolston

Six oil companies and an energy trade group told a judge Thursday that New Jersey Attorney General Matthew Platkin is attempting to stretch the state's tort law "far beyond" any manageable boundaries in attempting to hold them liable for allegedly misleading Garden State residents about the climate impacts of fossil fuels.

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Fed. Circ. Blocks Alvogen Generic Of Bausch Diarrhea Drug

By Ryan Davis

The Federal Circuit upheld a decision Thursday that prevents Alvogen from releasing a generic version of Bausch Health's blockbuster diarrhea and brain disease drug Xifaxan until 2029, rejecting Alvogen's bid to launch sooner because it was cleared of infringing some patents.

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NPE Patent Suits Up 24% In First Quarter Of 2024

By Andrew Karpan

Patent lawsuits from nonpracticing entities are on the rise yet again, with many being filed in the Eastern District of Texas, according to a new report.

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LEGAL INDUSTRY

Orrick To Pay $8M To Settle Data Breach Litigation

By Lauren Berg

A proposed class of data-breach victims asked a California federal judge Thursday to greenlight an $8 million settlement with Orrick Herrington & Sutcliffe LLP in litigation over a March 2023 data breach that purportedly exposed Social Security numbers and other personal information of more than 638,000 individuals.

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Analysis

OJ Simpson's Jury Was Sequestered. Why Not Trump's?

By Phillip Bantz

Unlike jurors in the murder case of O.J. Simpson, the 12 Manhattanites picked to hear criminal charges against Donald Trump likely won't be sequestered during the trial — easing psychological and financial burdens but potentially exposing them to outside pressures.

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Calif., NY And SD Judicial Nominees Advance To Full Senate

By Courtney Buble

Four judicial nominees were voted out of the Senate Judiciary Committee on Thursday, including one scrutinized for his affiliation with the National Asian Pacific American Bar Association and the group's position on hot button issues.

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Leonard Leo Rebuffs Senate Judiciary Committee Subpoena

By Courtney Bublé

Sen. Dick Durbin, D-Ill., chair of the Senate Judiciary Committee, served influential conservative and longtime Federalist Society executive Leonard Leo with a subpoena on Thursday as part of his U.S. Supreme Court ethics probe, which Leo is refusing to comply with.

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Tax Controversy Quintet Joins Bradley Arant In Atlanta

By Adrian Cruz

Bradley Arant Boult Cummings LLP announced that it hired a five-person tax controversy team from Chamberlain Hrdlicka White Williams & Aughtry highlighted by the addition of three experienced partners, including two former Internal Revenue Service trial attorneys.

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Ex-Ellenoff Grossman Atty Faces Possible Firing Suit Remand

By Patrick Hoff

A former Ellenoff Grossman & Schole LLP associate's suit saying she was fired for protesting sexual harassment should return to state court, a New York federal judge recommended, saying the federal court can't enforce arbitration pacts invalidated by a 2022 amendment to the Federal Arbitration Act.

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Jewish Attys Sue Union Over Dues After Pro-Palestine Stance

By Emily Brill

A public defenders union violated the First Amendment by forcing two Jewish attorneys who oppose its pro-Palestine rhetoric to continue paying dues, the New York City-based attorneys claimed in a federal lawsuit filed Thursday, naming the city and their employer as defendants as well.

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LAW FIRMS IN TODAY'S NEWS

Abrams & Bayliss

Alston & Bird

Archer & Greiner

Arnold & Porter

Axinn Veltrop

Baker & Hostetler

Bartlit Beck

Boies Schiller

Bradley Arant

Chamberlain Hrdlicka

Chapman & Cutler

Chiesa Shahinian

Chimicles Schwartz

Choate Hall

Cole Schotz

Cooksey Toolen

Cravath Swaine

Culp Elliott

Daniel G. Suber & Associates

Davenport Evans

Ellenoff Grossman

Entwistle & Cappucci

Federman & Sherwood

Ford O'Brien

Fox Rothschild

Gardner Firm PC

Gibson Dunn

Green & Noblin PC

Greenberg Traurig

Jenner & Block

K&L Gates

Kasowitz Benson

Kellogg Hansen

Kirkland & Ellis

Lankenau & Miller

Latham & Watkins

Linklaters

Margolis Edelstein

McGuireWoods

Morgan Lewis

Morris Nichols

Moskowitz Law Firm

Nelson Mullins

Orrick Herrington

Pachulski Stang

Paduano & Weintraub

Paul Weiss

Porzio Bromberg

Potter Anderson

Raisner Roupinian

Richards Layton

Riker Danzig

Schubert Jonckheer

Schulte Roth

Schwartz Perry

Sher Edling

Stern Kilcullen

Susman Godfrey

Thornton Grout

Venable LLP

Wachtell Lipton

Walsh Pizzi

White and Williams

Womble Bond

Young Conaway

COMPANIES IN TODAY'S NEWS

Alvogen Group Inc.

American Bar Association

American Federation of State County & Municipal Employees

American Petroleum Institute Inc.

B. Riley Financial Inc.

BP PLC

Bausch Health Cos. Inc.

Chevron Corp.

ConocoPhillips Co.

Daimler Truck Financial Services USA LLC

Exxon Mobil Corp.

Federalist Society

GRAIL Inc.

Icahn Enterprises LP

Illumina Inc.

Jacksonville Jaguars LLC

KPMG International

Legal Services Alabama Inc.

LinkedIn Corp.

Nogin

Okada Manila

Panasonic Corp.

Phillips 66

RPX Corp.

Royal Bank of Canada

Salix Pharmaceuticals, Ltd.

Shell PLC

Teva Pharmaceutical Industries Ltd.

United Auto Workers

University of Southern California

Yellow Corp.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Alabama Attorney General's Office

City of New York

Delaware Court of Chancery

Federal Bureau of Investigation

Federal Trade Commission

Food and Drug Administration

Internal Revenue Service

Manhattan District Attorney's Office

U.S. Bankruptcy Court for the District of Delaware

U.S. Court of Appeals for the Federal Circuit

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

U.S. District Court for the Southern District of Florida

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

U.S. Supreme Court

United Nations