Appellate

  • June 09, 2026

    The Law360 400: A Look At The Top 100 Firms

    The race to build the legal industry's largest law firm accelerated in 2025, with major firms leaning on mergers, lateral hiring and strategic expansion to climb the ranks of the Law360 400.

  • June 09, 2026

    Georgia County, Trans Deputy OK End To Surgery Bias Fight

    A Georgia county and a transgender sheriff's deputy who sued over her employee health plan's coverage exclusions for gender-affirming surgery have struck a deal to resolve her case, nine months after the en banc Eleventh Circuit issued a ruling that sided with the county. 

  • June 09, 2026

    Fed. Circ. Doubtful Contractor's Eligibility Challenge Isn't Moot

    The Federal Circuit seemed skeptical of a contractor's attempt to keep alive a challenge to the U.S. State Department's determination that it wasn't eligible to compete for an award to construct a new consulate in Turkey, after the project was canceled. 

  • June 09, 2026

    Conn. Murder Defendant Loses Bid To Halt Anonymous Jury

    The Connecticut Supreme Court on Tuesday granted expedited review but denied immediate relief to a defendant who claimed a trial judge violated his right to a fair trial and constitutional separation of powers principles by creating what defense counsel described as a new procedure for empaneling an anonymous jury.

  • June 08, 2026

    Fed. Circ. Scrutinizes UT's 'Inflammatory' Comments In IP Trial

    The "inflammatory" language used by the University of Texas to secure a $42 million patent infringement verdict against Boston Scientific is "about as good an example as one can possibly think of," U.S. Circuit Judge Richard G. Taranto told the university's attorney on Monday.

  • June 08, 2026

    9th Circ. Judge Faces Inquiry, Charges After Idaho Altercation

    The Ninth Circuit on Monday identified a judicial misconduct complaint against U.S. Circuit Judge Ryan D. Nelson after he was charged with misdemeanor battery stemming from an argument in an Idaho Falls parking lot that ended with him allegedly stomping a man's eyeglasses on the asphalt.

  • June 08, 2026

    AIPLA, NAM Rally Behind Moderna's Fight Over Vax Patents

    The American Intellectual Property Law Association, National Association of Manufacturers and others urged the Federal Circuit to undo a lower court's ruling that Moderna, and not the government, must face a multibillion-dollar patent infringement suit over its COVID-19 vaccine.

  • June 08, 2026

    DC Circ. Backs FERC Rejection Of Grid-Planning Deal

    The Federal Energy Regulatory Commission was allowed to reject a proposal by PJM transmission owners that would've allowed the regional grid operator to make grid-planning decisions without the approval of its members committee over an issue with a single amendment, the D.C. Circuit has said.

  • June 08, 2026

    Spain Says DOJ Downplays Sovereigns' Risks In Awards Feud

    Spain told the U.S. Supreme Court on Monday that the Trump administration's recent brief urging the justices not to disturb a D.C. Circuit opinion greenlighting litigation to enforce more than $400 million in arbitral awards nevertheless "largely confirms" that its sovereign immunity defense deserves a second look.

  • June 08, 2026

    8th Circ. Backs SD Forum For Deadwood Tobacco TM Suit

    Cigar manufacturer Drew Estate and the creator of the Deadwood cigar line must take their trademark infringement suit against a South Dakota retailer to state court, the Eighth Circuit ruled on Monday, saying the dispute arises out of a stock purchase agreement that contains a binding forum selection clause.

  • June 08, 2026

    PNC Beats Suit Over Bank Customer's Investor Fraud

    The Sixth Circuit ruled Monday that investors who gave millions of dollars to a man who lost their money before taking his own life cannot sue PNC or a bank employee, and the court held the plaintiffs improperly added the employee to their case to have it heard in state court.

  • June 08, 2026

    11th Circ. Backs Haitian Man's Removal Over Florida Assault

    The Eleventh Circuit on Monday declined to reopen removal proceedings for a Haitian man who was deported after he was found guilty of aggravated assault, finding that he was eligible for removal because his conviction involved a violent crime. 

  • June 08, 2026

    Mich. Panel Lets Class Suit Against Drainage District Proceed

    Residents in Royal Oak, Michigan, can seek financial restitution from their local drainage district for what the residents claim is almost a decade of overcharges for sewage treatment and disposal, a Michigan state appeals court has affirmed.

  • June 08, 2026

    Trump Asks Justices For Extension In CNN Defamation Appeal

    President Donald Trump intends to ask the U.S. Supreme Court to revive his $475 million defamation lawsuit against CNN over the network calling his claims of fraud in the 2020 presidential election a "Big Lie," according to a recent filing asking the justices for more time to do so. 

  • June 08, 2026

    7th Circ. Says Wis. County Jail Must Face Forced Labor Suit

    The Seventh Circuit revived a lawsuit alleging Kenosha County forced civil immigrant detainees housed at its jail to do unpaid janitorial work or be punished, ruling Friday the forced labor statute doesn't allow local jails to force detainees to work "on pain of solitary confinement" or loss of phone privileges. 

  • June 08, 2026

    Fed. Circ. Panel Backs Invalidation Of OxyContin Patent

    The Federal Circuit on Monday upheld a Delaware federal court's decision that deemed invalid a Purdue Pharma patent covering an abuse-deterrent version of the opioid OxyContin, rebuffing the company's arguments that the lower court got its obviousness analysis wrong.

  • June 08, 2026

    Colo. Justices Bar Retrial After Jury's Partial Acquittal

    In a split 4-2 decision Monday, the Colorado Supreme Court departed from federal precedent, finding that a defendant's double jeopardy protections were violated when a trial court declared a mistrial though a jury "spontaneously and unequivocally" signaled it acquitted a defendant of certain offenses.

  • June 08, 2026

    Ohio Justices Back $29M Duke Energy Gas Rate Increase

    Duke Energy Ohio Inc. can raise natural gas distribution rates to offset roughly $29 million tied to the retirement of man-made underground propane storage caverns used since the late 1950s to supply customers during spikes in demand, the Ohio Supreme Court has ruled.

  • June 08, 2026

    Colo. Justices OK Extra Evidence In Insurer Breach Cases

    The Colorado Supreme Court unanimously ruled Monday that judges evaluating breach of contract claims against insurers are not bound to only allow evidence available to a carrier at the time of an accident, upholding a decision ordering a woman to provide certain documents in her suit seeking uninsured motorist coverage.

  • June 08, 2026

    7th Circ. Denies Spousal Petition Review After Conviction

    An American man convicted of sexually abusing a minor cannot sponsor his wife for a green card, the Seventh Circuit ruled after concluding it lacks the authority to review immigration officials' assessment that he may pose a risk to her.

  • June 08, 2026

    Todd Blanche Officially Nominated To Be AG

    President Donald Trump on Monday officially nominated Todd Blanche to be attorney general.

  • June 08, 2026

    5th Circ. Says Estate's $17M Transfer Was Mainly Tax-Driven

    The Internal Revenue Service properly denied an estate's attempt to reduce the value of assets moved to a partnership, the Fifth Circuit ruled Monday, rejecting arguments that the $17 million transfer was driven by reasons other than a lower estate tax bill.

  • June 08, 2026

    Fed. Circ. Upholds Apple PTAB Win In Voice Recognition Case

    The Federal Circuit on Monday refused to revive claims in a Zentian Ltd. patent related to voice recognition technology, backing a split Patent Trial and Appeal Board decision in favor of Apple.

  • June 08, 2026

    1st Circ. Partially Revives IRobot, Amazon Merger Suit

    The First Circuit has partially revived a shareholder proposed class action accusing iRobot Corp. of misleading investors about expected regulatory opposition that ultimately led to the abandonment of a proposed $1.7 billion merger with Amazon, finding that a modified 2023 proxy statement "omitted important contrary information about European approval."

  • June 08, 2026

    9th Circ. Seems Inclined To Reinstate EEOC Pain Med Suit

    The Ninth Circuit appeared willing Monday to revive a U.S. Equal Employment Opportunity Commission disability bias suit accusing a company of spurning an applicant who took prescribed pain medication, with one judge saying the trial court had a muddled view of the evidence.  

Expert Analysis

  • Series

    NY Times Word Puzzles Make Me A Better Lawyer

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    Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

  • Tracking Tech Suit Is A Risk Management Reminder For Cos.

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    The Fifth Circuit recently heard oral argument in Rand v. Eyemart Express — an appeal that could reshape the legal landscape for businesses that deploy tracking tech on their websites — underscoring the importance of proactive risk management for companies across multiple industries, say attorneys at Blank Rome.

  • Series

    Law School's Missed Lesson: Diagnose Before Arguing

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    Law school often skips over explicitly teaching students how to determine what kind of problem a case presents before they commit to a particular doctrinal path, which risks building arguments that are internally coherent but externally misaligned, says Melanie Oxhorn at Kobre & Kim.

  • A Fed. Circ. Blueprint For Drafting Medical Device Patents

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    The Federal Circuit's decision in Constellation Designs v. LG last month, among other recent rulings, underscores the importance of emphasizing engineering, rather than clinical goals, when drafting patent claims for medical devices and software as a medical device, says Brandon Theiss at Volpe Koenig.

  • Decoding Arbitral Disputes: EU's Arb. Defense From Russia

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    The EU's latest package of restrictive measures against Russia marks a significant shift from merely resisting Russian jurisdictional tactics to proactively protecting arbitration and exclusive jurisdiction agreements, elevating the procedural importance of dispute resolution clauses, says Josep Galvez at 4-5 Gray's Inn Square.

  • Becoming The Biz-Savvy GC That Portfolio Companies Need

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    Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

  • Nielsen Appeal Tests Antitrust Limits Of Pricing And Bundling

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    In Cumulus v. Nielsen, the Second Circuit is considering a structural pattern in which a monopolist exploits upstream market power to foreclose downstream competition, which could potentially offer broad insight into how courts will assess exclusionary bundling and pricing defenses under antitrust law, says Luke Hasskamp at Bona Law.

  • Series

    Judges On AI: How Courts Can Survive The Tech Revolution

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    Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

  • 'Skinny Label' Arguments Spotlight Induced Infringement Risk

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    Recent oral arguments before the U.S. Supreme Court in Hikma Pharmaceuticals v. Amarin Pharma highlight the uncertain boundary between lawful generic competition through so-called skinny labels and induced patent infringement, with potential implications for patent holders’ communication, enforcement and causation strategies across industries, says Anton Hopen at Trenam.

  • A Framework For Habeas Relief After 5th Circ. Bond Ruling

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    Following the Fifth Circuit’s recent Buenrostro-Mendez v. Bondi decision foreclosing statutory bond for detained nonimmigrants not deemed admitted to the U.S., lawyers should adopt a framework that requests habeas relief pursuant to the Fifth Amendment’s due process clause, says Kemal Hepsen at Mandamus Lawyers.

  • 4th Circ. Ruling Will Rewrite Class Action Litigation Strategies

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    The Fourth Circuit's recent decision in Oliver v. Navy Federal Credit Union is the first from a federal circuit court to hold that motions to strike are inappropriate vehicles for challenging class allegations at the pleading stage, invalidating a tactic that had been used for decades, says Jim Francis at Francis Mailman.

  • Startup Founder Disputes Increasingly Turn On Governance

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    Recent Delaware developments suggest that as courts place increasing emphasis on board process, independence and oversight in founder-led startups, the growing intersection of governance, technology risk and investor oversight is accelerating both the emergence and escalation of founder disputes, says mediator Frank Burke.

  • 3 AI Adoption Mistakes GCs Should Avoid

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    The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

  • Series

    Playing Basketball Makes Me A Better Lawyer

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    My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

  • Salt-N-Pepa Suit May Shake Up Music Copyright Issue

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    James v. UMG Recordings is a copyright termination rights case that provides an opportunity for the Second Circuit to make concrete choices about grant language, authorship, work-for-hire status and survival of derivative works, says attorney Abdul Abdullahi.

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