Appellate

  • January 13, 2025

    Supreme Court Won't Hear Broker's Fee Bid In Copyright Case

    The U.S. Supreme Court declined Monday to hear a Florida real estate broker's bid for attorney fees incurred defending himself from a copyright infringement suit by an aerial photography company, leaving in place a ruling saying he was not a prevailing party once the case was voluntarily dismissed.

  • January 13, 2025

    Justices Won't Review Reversal Of Firm's Tax Penalty Win

    The U.S. Supreme Court let stand Monday a Fifth Circuit decision overturning a jury ruling that a wealth management company didn't owe $579,000 in tax penalties because an employee's mental health problems excused the company's failure to file information returns on time.

  • January 13, 2025

    Justices Want Solicitor General To Weigh Alaska Land Feud

    The U.S. Supreme Court asked the solicitor general Monday to weigh in on a review petition filed by an Alaskan property owner embroiled in a land feud with his neighbor.

  • January 13, 2025

    Supreme Court Won't Hear ND Native Voting Rights Dispute

    The U.S. Supreme Court won't hear a challenge by two local North Dakota Republican Party officials to a lower court's ruling that said two of the state's new House subdistricts created to prevent Native American voter dilution were legally drawn under Section 2 of the Voting Rights Act.

  • January 13, 2025

    Justices Won't Hear Auto Parts Co.'s ERISA Arbitration Push

    The U.S. Supreme Court declined Monday to review the Sixth Circuit's refusal to force arbitration of a suit accusing an auto parts company of packing its employee retirement plan with subpar investment options.

  • January 13, 2025

    Justices Won't Eye 7th Circ.'s Stay Of Trade Secrets Fight

    The U.S. Supreme Court on Monday declined to review whether the Seventh Circuit correctly paused an Illinois trade secrets case involving a company that sells nail polish while a dispute over who owns the business plays out in New Jersey state court.

  • January 13, 2025

    Supreme Court Turns Away IP Safe Harbor Dispute

    The U.S. Supreme Court on Monday said it won't consider whether the Federal Circuit has overexpanded a safe harbor for drug development, in litigation where Meril Life Sciences escaped allegations that it infringed Edwards Lifesciences' heart valve patents.

  • January 13, 2025

    Justices Snub Roku Patent Feud Over ITC Power

    The U.S. Supreme Court said Monday it will not consider Roku Inc.'s challenge to a ruling that upheld a U.S. International Trade Commission decision blocking the importation of certain streaming products deemed to infringe a Universal Electronics Inc. patent, in a case that targeted the scope of the ITC's authority to issue such orders.

  • January 13, 2025

    Justices Won't Hear Bid To Quash Antitrust Probe Of Realtors

    The Supreme Court refused on Monday to review the National Association of Realtors' bid to block a reopened U.S. Department of Justice antitrust investigation of the trade group's rules.

  • January 13, 2025

    High Court Skips 9th Circ. Sesame Oil TM Decision

    The U.S. Supreme Court said Monday it would not consider an India-based sesame oil company's challenge to a Ninth Circuit opinion siding against it in its trademark infringement case against a New Jersey business.

  • January 13, 2025

    Justices Mull Petition Over FSIA Terrorism Exception

    The U.S. Supreme Court said Monday it wanted the U.S.'s perspective as it considers a case relating to whether the Foreign Sovereign Immunities Act's terrorism exception extends jurisdiction to claims arising from a terrorist attack that seriously injures but does not kill its intended victims.

  • January 13, 2025

    Justices Remand 'Beyond Doubt' Green Card Applicant Rule

    The U.S. Supreme Court on Monday sent a case back to the Fourth Circuit to reconsider whether previously admitted noncitizens must meet a higher standard of proof when applying for a green card from within the U.S. as a form of removal protection.

  • January 13, 2025

    High Court Won't Scrutinize Huge Class Of Meta Advertisers

    The U.S. Supreme Court declined Monday to assess the certification of an enormous class of businesses that social media colossus Meta Platforms allegedly defrauded by inflating the reach of Facebook and Instagram advertisements, upping the odds of a major payout in the closely watched case.

  • January 13, 2025

    Justices Wants DOJ's Input In Wash. Port Water Permit Row

    The U.S. Supreme Court on Monday asked the U.S. solicitor general to weigh in on a dispute over whether private lawsuits can proceed in federal court when they seek to enforce permit conditions that go beyond what's required by the Clean Water Act for discharging substances into state water bodies.

  • January 13, 2025

    Justices Reject Utah's Effort To Wrest Land From Feds

    The U.S. Supreme Court on Monday rejected Utah's claims that the federal government is stifling economic activity in the state by unconstitutionally hoarding and profiting from public lands.

  • January 13, 2025

    Justices Won't Hear Farm's Bid To Retake Denver Airport Land

    The U.S. Supreme Court on Monday declined to hear a Colorado farm company's petition arguing Denver can't hold onto land originally seized for the Denver International Airport now that the city plans to build a private commercial complex on the property.

  • January 13, 2025

    Justices Won't Weigh Calif. Arbitration Rule In Cable Case

    The U.S. Supreme Court declined Monday to review whether federal law preempts a California appeals court rule that says arbitration agreements cannot be used to bar plaintiffs from seeking public injunctive relief.

  • January 13, 2025

    Justices Pass On Challenge To Mass. Offshore Wind Project

    The U.S. Supreme Court on Monday declined to review the federal government's approval of a large offshore wind energy project in the waters off of Martha's Vineyard and Nantucket.

  • January 13, 2025

    Justices Won't Weigh Del. Gun Laws, Injunction Standards

    The U.S. Supreme Court turned away a challenge to Delaware's gun laws that could also reset expectations for getting interim relief in cases involving constitutional rights, according to orders released Monday.

  • January 13, 2025

    Justices Won't Review Biden's Contractor Wage Hike

    The U.S. Supreme Court won't review President Joe Biden's authority to raise the minimum wage for federal contract workers, the high court said Monday, shutting down a bid to overturn a Tenth Circuit decision.

  • January 13, 2025

    Justices Again Refuse To Review State Climate Torts

    The U.S. Supreme Court on Monday again refused to wade into climate change tort litigation brought by state and local governments against fossil fuel companies, rejecting a request by energy giants to nix a suit lodged by Honolulu.

  • January 12, 2025

    Justices To Review Whether Ex-Wife Can Challenge Tax Levy

    The U.S. Supreme Court will review a Third Circuit decision allowing a woman to continue challenging what she claims was an improper application of her tax payment to her ex-husband's bill even after the Internal Revenue Service stopped pursuing a proposed property seizure against her.

  • January 10, 2025

    Up Next At High Court: Porn ID Check & Retiree Discrimination

    The U.S. Supreme Court will return to the bench Monday for a full argument session, in which the justices will debate whether a Texas law requiring pornography websites to verify their visitors aren't minors violates the First Amendment and if retirees have the right to sue former employers for benefits discrimination. 

  • January 10, 2025

    4 Lessons For Contractors From The Bitmanagement Saga

    A software company's damages award of just $150,000 after years of litigation over the U.S. Navy violating a licensing deal offers several lessons for federal software contractors about carefully negotiating contractual terms and making sure they can adequately enforce those terms.

  • January 10, 2025

    Trade Deadline Fight Causes Headaches With Fed. Circ. Panel

    A Federal Circuit panel seemed increasingly frustrated Friday as attorneys for both the U.S. Department of Commerce and a company it says should face adverse inferences for missing filing deadlines talked in circles about when such a significant penalty is proper.

Expert Analysis

  • Lessons Learned From 2024's Top ADA Decisions

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    Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.

  • Series

    Playing Esports Makes Me A Better Lawyer

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    Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.

  • The 6 Most Significant FCRA Litigation Developments Of 2024

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    From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.

  • Fed. Circ. In December: A Patent Prosecution History Lesson

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    Despite relying on two rock-solid principles of patent law, DDR lost its Federal Circuit case against Priceline.com, highlighting how a change in the scope of the invention from the provisional to the nonprovisional application can affect the court's analysis of how a skilled artisan would understand claim terms after reading the prosecution history, say attorneys at Knobbe Martens.

  • An Associate's Guide To Career Development In 2025

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    As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.

  • The Securities Litigation Trends That Will Matter Most In 2025

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    2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.

  • What To Watch For In The 2025 Benefits Landscape

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    While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.

  • Reviewing 2024's Crucial Patent Law Developments

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    As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.

  • Contract Disputes Recap: Adjustments, Preclusion, Waivers

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    Ken Kanzawa at Seyfarth examines three recent decisions from the Civilian Board of Contract Appeals, the U.S. Court of Federal Claims and the Armed Services Board of Contract Appeals that examine distinctions between requests for equitable adjustments and claims, forum selection and res judicata, and the waiver of penalties for expressly unallowable costs.

  • The Justices' Securities Rulings, Dismissals That Defined '24

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    The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.

  • 10 Noteworthy CFPB Developments From 2024

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    In a banner year for consumer finance regulation, the Consumer Financial Protection Bureau made significant strides in its efforts to rein in Big Tech and nonbank financial firms, including via rules regarding open banking, credit card late fees, and buy now, pay later products, say attorneys at Wiley.

  • Series

    Fixing Up Cars Makes Me A Better Lawyer

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    From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.

  • 2024 Has Been A Momentous Year For ESG

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    Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.

  • Making The Pitch To Grow Your Company's Legal Team

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    In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.

  • Justices May Find Gov't Can Keep Fraudulent Transfer Benefit

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    Based on the justices' questions at the recently argued U.S. v. Miller, the Supreme Court appears prepared to hold that the U.S. — unlike any other creditor — is permitted to retain the benefits of a fraudulent transfer to the detriment of other bankruptcy creditors, says Kevin Morse at Clark Hill.

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