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Goodwin

UK National Security and Investment Regime: Government Publishes Latest Annual Report

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The UK government has released its latest annual report on the National Security and Investment (NSI) Act, covering the period from 1 April 2023 to 31 March 2024. The report outlines key trends, statistics, and developments...more

Miller Starr Regalia

First District Holds CEQA Class 1 Categorical Exemption Applies To Approval of Project Converting Existing Oil Well Into...

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In a published decision filed September 6, 2024, the First District Court of Appeal (Div. 5) reversed the trial court’s judgment granting a writ of mandate and upheld the use of CEQA’s Class 1 categorical exemption (CEQA...more

Fenwick & West LLP

Director Review in Recent Patent Cases: Focus on Substantive Issues

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Recent cases show the U.S. Patent and Trademark Office director's interest in using director review to address substantive issues like obviousness, not just procedural matters or changes in the law. Grants in these cases,...more

Miller Starr Regalia

Second District Rejects CEQA Challenges To LA City Planning Commission’s EIR Certification and Categorical Exemption Determination...

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In an opinion filed on July 24, and later ordered published on August 19, 2024, the Second District Court of Appeal (Div. 4) affirmed the trial court’s judgment denying a writ petition challenging actions taken by the Los...more

Fish & Richardson

How the Timing of Director Review May Affect Co-Pending Litigation

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Director Review at the Patent Trial and Appeal Board (PTAB) remains a hot topic in patent law. The Director first established an interim process for Director Review in the wake of the Supreme Court’s 2021 decision in United...more

Polsinelli

The Chevron Doctrine: Part II—Congress’s Reaction to the Repeal and the Legislative Process

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On June 28th, in Loper Bright Enterprises v. Raimondo, the U.S. Supreme Court overturned the Chevron Doctrine. The 6-3 decision was anticipated. But its breadth marks the Court’s opinion as a modern-day Marbury v. Madison....more

Miller Starr Regalia

First District Affirms Judgment Rejecting Challenge to CEQA Guidelines Class 32 Infill Development Exemption for 12-Unit...

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In an opinion filed June 27, and later ordered published (with slight modifications) on July 18, 2024, the First District Court of Appeal affirmed the trial court’s judgment denying a writ petition challenging the City of...more

Oliva Gibbs LLP

(Injection Well) Pressure Mounts as Omni Energy Group, LLC, Gets Another Chance

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As oil and natural gas are produced, brine and other wastewater are brought to the surface.  This waste is then disposed of by Class II injection wells, categorized into three subclasses: saltwater disposal wells, enhanced...more

A&O Shearman

Delaware Court Of Chancery Holds That Corwin Cleansing Applies To Claims Related To Reduction Of Acquisition Price

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On June 21, 2024, Vice Chancellor Nathan A. Cook of the Delaware Court of Chancery granted a motion to dismiss a putative stockholder class action asserting breach of fiduciary duty claims against the officers and directors...more

WilmerHale

New Chinese Regulation on Fair Competition Review

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On June 6, 2024, Premier Li Qiang signed a State Council decree introducing the Regulation on Fair Competition Reviews (the Regulation) effective August 1.  According to the Regulation, administrative agencies and...more

Carlton Fields

Michigan Supreme Court Declines Application for Leave to Appeal Lower Court’s Vacation of Arbitration Award

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In Michigan AFSCME Council 25 v. County of Wayne, the Supreme Court of Michigan declined an application filed by Michigan AFSCME Council 25 and Affiliated Local 101 for leave to appeal a judgment of the circuit court and...more

Miller Starr Regalia

Third District Reverses Order Prematurely Discharging CEQA Writ for Failure to Address Objections That Certified Revised EIR Was...

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In an opinion filed April 18, and belatedly ordered published on May 15, 2024, the Third District Court of Appeal reversed the trial court’s order discharging the peremptory writ of mandate that was issued following the Court...more

Mayer Brown

In re Match Group, Inc.: Delaware Supreme Court Clarifies Standard of Review for Controlling Stockholder Transactions

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In a recent decision, the Delaware Supreme Court clarified the proper standard to apply to a non-freeze-out merger transaction involving a controlling stockholder. Litigators who practice in the Delaware Court of Chancery are...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Ninth Circuit Speaks Out on Mental Health Parity

On April 11, 2024, the U.S. Court of Appeals for the Ninth Circuit, in Ryan S. v. UnitedHealth Group, Inc., set a very broad pleading standard to allege a violation of the Paul Wellstone and Pete Domenici Mental Health Parity...more

Troutman Pepper

Delaware Supreme Court Confirms Dual MFW Protections Are Needed Outside of the Freeze-Out Merger Context for Application of...

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In In re Match Group, Inc. Derivative Litigation, the Delaware Supreme Court held that the dual procedural protections announced in the seminal case of Kahn v. M & F Worldwide Corp. (MFW) are required in order to shift the...more

A&O Shearman

Delaware Supreme Court Holds MFW Is Applicable To Controlling Stockholder Transactions Even Outside Of Freeze-Out Context

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On April 4, 2024, in an opinion authored by Chief Justice Collins J. Seitz, Jr., the Supreme Court of Delaware sitting en banc held that the framework articulated in Kahn v. M&F Worldwide Corp., 88 A.3d 635 (Del. 2014)...more

Lathrop GPM

Delaware Supreme Court Clarifies Standard of Review for Conflicted Stockholder Transactions with In re Match Group Opinion

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On April 4, 2024, the Delaware Supreme Court issued its opinion in In re Match Group, Inc. Derivative Litigation, clarifying that the heightened entire fairness standard of review applies to judicial review of any transaction...more

Morgan Lewis

Delaware Supreme Court Holds MFW Doctrine Applies to Any Controlling Stockholder Transaction Resulting in Non-Ratable Benefit

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In a case with implications for companies with controlling stockholders, the Delaware Supreme Court held that the MWF Doctrine applies to any transaction involving a controlling shareholder receiving a non-ratable benefit,...more

McGuireWoods LLP

Delaware Supreme Court Clarifies Application of Entire Fairness Review

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On April 4, 2024, the Delaware Supreme Court issued its decision in In re Match Group, Inc. Derivative Litigation, holding that the MFW framework established in Kahn v. M&F Worldwide Corp. (MFW) applies to all controlling...more

Miller Starr Regalia

First District Holds CEQA Challenge To Shooting Range Project On City-Owned Land In Unincorporated County Was Not Mooted By...

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In a partially published opinion filed March 29, 2024, the First District Court of Appeal (Div. 4) rejected contentions that the pre-judgment completion of construction of a shooting range mooted a CEQA challenge to the...more

A&O Shearman

Delaware Chancery Court Applies Entire Fairness To State Of Incorporation Conversions

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On February 20, 2024, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery denied in part and granted in part a motion to dismiss a stockholder action against TripAdvisor, Inc. and its parent (together, the...more

Miller Starr Regalia

Fifth District Clarifies That Agricultural Conservation Easements (ACE’s) Qualify As Legally Permissible “Compensatory Mitigation”...

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In a partially published (but mostly unpublished) opinion filed on March 7, 2024, the Fifth District Court of Appeal reversed the trial court’s judgment and writ-discharge order which had upheld Kern County’s most recently...more

Saul Ewing LLP

Supreme Court Declines to Review Magnet School Admissions Policy Which Targeted a More “Diverse” Student Body and Shaped Racial...

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On February 20, 2024, the United States Supreme Court denied a petition for a writ of certiorari in Coalition for TJ v. Fairfax County School Board. Coalition for TJ involves an admissions policy at a prestigious public...more

A&O Shearman

Court Of Chancery Rescinds CEO Compensation Package Under Entire Fairness Review

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In a January 30, 2024, post-trial ruling, Vice Chancellor Kathaleen St. J. McCormick of the Delaware Court of Chancery rescinded a compensation package valued at $55.8 billion awarded by Tesla, Inc. to its CEO,...more

A&O Shearman

Delaware Court Of Chancery Holds That Controlling Stockholder Conduct Did Not Breach Fiduciary Duties But Rendered Buyout...

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On January 24, 2024, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery awarded a stockholder plaintiff class more than $18 million, finding that the acquisition of the “Hometown” division of Sears Hometown...more

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