Appellate

  • November 08, 2024

    Meet The Attys Arguing Nvidia Securities Case At High Court

    Two former BigLaw colleagues and a onetime Consumer Financial Protection Bureau litigator are set to appear before the U.S. Supreme Court on Wednesday to argue a closely watched case that could change the pleading standards shareholders have to meet to sue companies like Nvidia Corp.

  • November 08, 2024

    Up Next At High Court: Self-Deportation Deadlines & Murder

    The U.S. Supreme Court will be closed Monday for Veterans Day, but the justices will return to the bench Tuesday to consider whether a 60-day deadline for immigrants to voluntarily leave the country has a grace period and what evidence is needed to allege securities fraud.

  • November 08, 2024

    Fed. Circ. Backs Invalidation Of Geolocation IP Under Alice

    The Federal Circuit won't breathe new life into GeoComply's infringement suit against its geolocation competitor XPoint over an anti-location-spoofing patent, affirming a lower court's dismissal.

  • November 08, 2024

    Fed. Circ. Unclear If Teva Inhaler IP Belongs In Orange Book

    A trio of Federal Circuit judges took a complex question tied to whether Teva should be able to include inhaler patents in the U.S. Food and Drug Administration's Orange Book and tried to make it simple: Does owning a patent for a steering wheel mean you claim the whole car?

  • November 08, 2024

    Biden Announces SDNY Judicial Pick As Lame Duck Kicks Off

    President Joe Biden announced judicial nominees for the Southern District of New York and the District Court of Guam on Friday night.

  • November 08, 2024

    Facts In Emails Aren't Confidential For Deposition, Judge Says

    A government contractor implicated in allegations that the U.S. infringed patents for contactless data carriers must turn over portions of a former employee's emails because the correspondence contains facts not protected by attorney-client privilege, the U.S. Court of Federal Claims has ruled.

  • November 08, 2024

    Sullivan & Cromwell Fees Questioned In Kidde-Fenwal Ch. 11

    Sullivan & Cromwell LLP and the attorney general of California clashed in Delaware bankruptcy court over the firm's interim fee requests for its representation of debtor chemical company Kidde-Fenwal Inc., with the state alleging overbilling and Sullivan & Cromwell claiming California is seeking "payback" for the results of a recent mediation.

  • November 08, 2024

    Fed. Circ. Wonders If Italian Pasta Duties Are Bad Math

    The Federal Circuit had semolina on its mind Friday, and it didn't seem convinced the U.S. Department of Commerce had made the right call when relying on what two pasta manufacturers have said are faulty calculations to set antidumping duties for their imports.

  • November 08, 2024

    Justices Urged To Review Amazon Patent Program Case

    A company alleging patent infringement through Amazon's patent evaluation program is urging the U.S. Supreme Court to take up its appeal of a Federal Circuit ruling that said it had to face a declaratory judgment suit in the purported infringer's home state.

  • November 08, 2024

    9th Circ. Says Univ. Wrongly Deprived Of Tax-Exempt Status

    The Ninth Circuit on Friday reversed a decision by an Arizona district court backing the U.S. Department of Education's determination that the privately owned Grand Canyon University didn't qualify as a nonprofit institution for classification related to federal loan and grant programs.

  • November 08, 2024

    NC Forest Service Workers Defend OT Wage Suit Win

    A group of state foresters urged the North Carolina Court of Appeals to affirm a trial court order requiring they be paid overtime for work combating forest fires, saying state agencies clearly agreed to compensate them at a rate of time-and-a-half of their regular pay under a reimbursement deal with the federal government.

  • November 08, 2024

    9th Circ. Doubts Weight Loss Doc's Fraud Conviction Appeal

    A Ninth Circuit panel appeared skeptical Friday of a former Hollywood doctor's bid to undo his conviction for conning insurance companies into covering his famous 1-800-GET-THIN lap-band weight loss surgeries, with one appellate judge saying there was "overwhelming" evidence that the physician directed subordinates to falsify sleep studies.

  • November 08, 2024

    Kentucky Utility Asks High Court To Stay EPA Coal Ash Rule

    A Kentucky electric utility called on the U.S. Supreme Court to halt the U.S. Environmental Protection Agency's rule strengthening federal regulations requiring safe management of coal ash dumped at operating and retired power plants, while it appeals the D.C. Circuit's refusal to block the rule.

  • November 08, 2024

    'Love Is Blind' Producer Urges Arbitration For Assault Case

    A producer behind the Netflix reality show "Love Is Blind" has asked the Texas Supreme Court to send a former contestant's sexual assault suit to arbitration, arguing that her allegations do not apply to a federal act that invalidates arbitration agreements victims enter into before allegations are made.

  • November 08, 2024

    Mich. Court Of Claims Defeats Constitutional Challenge, Again

    The Sixth Circuit has rejected Michigan residents' attempt to reopen what the panel called a centuries-old debate about the constitutionality of judges reviewing their colleagues' opinions, upholding the dismissal of residents' claims their lawsuits suffered because of appellate judges' hesitance to disagree with each other.

  • November 08, 2024

    5th Circ. Remands Texas Social Media Law Challenge

    The Fifth Circuit remanded to the district court a challenge to Texas' social media law prohibiting platforms from employing certain content moderation practices, ruling that the record on the case is still too undeveloped to resolve.

  • November 08, 2024

    Attys Ask 11th Circ. To Affirm Arbitration Denial In ERISA Case

    The American Association for Justice has urged the Eleventh Circuit to find that a legal technology company's arbitration clauses are unenforceable, arguing that the company should face workers' Employee Retirement Income Security Act suit in court.

  • November 08, 2024

    Mass. Auditor Ready For Beacon Hill Oversight Rumble

    The Massachusetts state auditor told Law360 she's ready to scrap with Beacon Hill over expansive new powers that a majority of voters handed her office to scrutinize the legislature, a constitutional clash that seems destined for the state's highest court.

  • November 08, 2024

    Gov't Union Continues Organizing Push For DOJ Attys

    Attorneys in the U.S. Department of Justice's civil rights and environment divisions are stepping up their efforts to organize with the National Treasury Employees Union, the union confirmed Friday, as federal workers brace for coming changes under President-elect Donald Trump's new administration.

  • November 08, 2024

    NJ Appeals Panel Rejects Convicted Ex-Atty's Bid For Relief

    The New Jersey Appellate Division turned down on Friday a former attorney's bid for review of her conviction on participating in an $873,000 mortgage fraud scheme, in which she claimed she was barred from the full range of cross-examination at trial that she should have had the right to.

  • November 08, 2024

    3rd Circ. Unsure Progressive Can Undo Car Value Suit Cert.

    A Third Circuit panel on Friday grappled with whether an adjustment that Progressive Specialty Insurance Co. did every time it calculated the value of a totaled vehicle was enough to warrant class certification for a lawsuit claiming the adjustment was unfair, or if classwide treatment was inappropriate when each class member could have a different outcome of that assessment.

  • November 08, 2024

    Mass. Hay Farm Not Eligible For Ag Tax Break, Court Affirms

    A Massachusetts land parcel that is used for growing and harvesting hay is not eligible for a reduced tax assessment as agricultural land because not enough of the parcel is devoted to the haying operation, the state Court of Appeals affirmed Friday.

  • November 08, 2024

    DC Judge Freezes Election Subversion Case Against Trump

    A D.C. federal judge on Friday wiped out the schedule in the case accusing President-elect Donald Trump of plotting to overturn the 2020 election, granting a postelection request from the special counsel's office prosecuting the case.

  • November 08, 2024

    Mass. Justices Order Return Of Failed Engagement Ring

    Massachusetts' highest court on Friday told a jilted bride seeking to hold on to a $70,000 Tiffany diamond engagement ring that she must return it to her former fiancé, calling it quits on a 65-year-old precedent concerning who gets to keep a ring after a breakup.

  • November 07, 2024

    Man Gets 2 Yrs. For Illegally Accessing Ginsburg's Health Info

    A former healthcare industry worker who was accused of illegally accessing U.S. Supreme Court Justice Ruth Bader Ginsburg's healthcare records and posting them online was sentenced Thursday in Virginia federal court to two years in prison, the U.S. Department of Justice said.

Expert Analysis

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Series

    After Chevron: The Future Of AI And Copyright Law

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    In the wake of the U.S. Supreme Court’s recent decision to overrule the Chevron doctrine, leaders in the artificial intelligence industry may seek to shift the balance of power to courts to exercise more independent statutory interpretation without constraints from the U.S. Copyright Office, says Greg Derin at Signature Resolution.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.

  • Planning Law Firm Content Calendars: What, When, Where

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    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

  • 3 Presidential Privilege Questions After Trump Ruling

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    The U.S. Supreme Court's recent decision in Trump v. U.S., carving out a new evidentiary privilege for presidents, leaves unanswered several key questions concerning whether this new privilege is waivable or subject to various exceptions, says Jeremy Bates at Frankfurt Kurnit.

  • Notable Q2 Updates In Insurance Class Actions

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    Mark Johnson and Mathew Drocton at BakerHostetler discuss the muted nature of the property and casualty insurance class action space in the second quarter of the year, with no large waves made in labor depreciation and total-loss vehicle class actions, but a new offensive theory emerging for insurance companies.

  • What To Know About Major Fla. Civil Procedure Rule Changes

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    The Florida Supreme Court recently amended the state's Rules of Civil Procedure, touching on pretrial procedure, discovery, motion and trial practice, and while the amendments are intended to streamline cases, the breadth of the changes may initially present some litigation growing pains, say Brian Briz, Benjamin Tyler and Yarenis Cruz at Holland & Knight.

  • Prior Art Takeaways From Fed. Circ. Public Disclosure Ruling

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    While the Federal Circuit’s recent ruling in Sanho v. Kaijet clarified that a private sale is not a public disclosure under patent law, there remains significant room for advocacy, as the opinion lacked meaningful guidance on how to satisfy the public disclosure exception to prior art, says Derrick Carman at Robins Kaplan.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.

  • Perspectives

    2 High Court Rulings Boost Protections Against Gov't Reprisal

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    The U.S. Supreme Court’s recent decisions in Gonzalez v. Trevino and Chiaverini v. City of Napoleon significantly strengthen legal protections against retaliatory arrests and malicious prosecution, and establish clear precedents that promote accountability in law enforcement, say Corey Stoughton and Amanda Miner at Selendy Gay.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

  • 3 High Court Rulings May Shape Health Org. Litigation Tactics

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    Three separate decisions from the U.S. Supreme Court's most recent term — Loper Bright, Corner Post and Jarkesy — will likely strengthen healthcare organizations' ability to affirmatively sue executive agencies to challenge regulations governing operations and enforcement actions, say attorneys at McDermott.

  • Opinion

    The Big Issues A BigLaw Associates' Union Could Address

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    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

  • Opinion

    It's Time For A BigLaw Associates' Union

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    As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.

  • How Calif. Justices' Prop 22 Ruling Affects The Gig Industry

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    The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.

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