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Appellate

  • June 06, 2025

    Split DC Circ. Says IAF CEO Can Stay In Role

    A split D.C. Circuit panel refused to block the reinstatement of the head of a federal agency that invests in Latin America and the Caribbean, concluding that the Trump administration's firing of the official was "likely invalid."

  • June 06, 2025

    9th Circ. Won't Boost Interest Rate For Worker's FMLA Win

    The Ninth Circuit declined to upend an order applying the federal rate instead of a higher Washington state rate when calculating prejudgment interest that a federal jury awarded to a worker in his lawsuit accusing a manufacturer of firing him for taking leave, saying his federal claim guided his litigation strategy.

  • June 06, 2025

    4th Circ. Denies Bid To Inflate $300K Insurance Payout

    Selective Insurance Company of South Carolina doesn't have to increase its payout to a couple involved in a car wreck, the Fourth Circuit has ruled, finding that North Carolina law doesn't provide that the couple's many insurance policies can be stacked.

  • June 06, 2025

    DOGE Can Access Social Security Data For Now, Justices Say

    The U.S. Supreme Court ruled 6-3 Friday that the Department of Government Efficiency could obtain unlimited access to Social Security Administration data on millions of Americans while a legal dispute over privacy concerns plays out.

  • June 06, 2025

    New York Says It Won't Rescind Native American Mascot Ban

    The New York State Education Department said it won't rescind a ban on the use of Indigenous mascots and names in public schools despite a threat from the Trump administration to pull its federal funding, telling the U.S. Department of Education instead that it's willing to broaden the regulation's reach.

  • June 06, 2025

    Truck Drivers Urge 9th Circ. To Reverse OT Exemption Ruling

    Truck drivers said a California federal court focused on the wrong shipper when it ruled that they were overtime-exempt under the Fair Labor Standards Act, urging the Ninth Circuit to flip the decision granting a win to a food distributor.

  • June 06, 2025

    Calif. Bar Hires Investigator To Review Exam Snafu

    The State Bar of California's board of trustees voted to approve a $185,000 contract with a nonprofit to review "exam scoring irregularities and testing accommodations" from its fraught February 2025 bar exam.

  • June 06, 2025

    Trump Seeks High Court's OK On Education Dept. Job Cuts

    The Trump administration has urged the U.S. Supreme Court to lift a Massachusetts federal judge's order halting massive job cuts at the U.S. Department of Education, arguing that the judge's finding that almost 1,400 employees must be reinstated to ensure the department's continued operation "has no basis in reality."

  • June 06, 2025

    Texas Justices Say 'Reciprocal' Discipline Is Time-Limited

    Texas' four-year time limit on attorney discipline applies to "reciprocal" discipline cases, in which a lawyer is sanctioned in Texas after being similarly sanctioned in another state, the Texas Supreme Court ruled Friday.

  • June 06, 2025

    4th Circ. Stays Ruling Restoring Frozen Federal Grant Funding

    A split Fourth Circuit panel has blocked a South Carolina federal judge's order directing the federal government to restore 32 congressionally funded grants that were frozen by the Trump administration, while casting doubt on nonprofits' and cities' legal challenge.

  • June 06, 2025

    Litigation Funder Can't Stop Attys' Texas Fee Fight Remand

    A divided Texas First Court of Appeals won't disturb a split decision that revived a dispute between an attorney and a former attorney over a fee-sharing agreement in tobacco litigation, rejecting a litigation finance company's en banc request to keep its trial court victory and prevent the case from being remanded.

  • June 06, 2025

    Calif. Panel Remands Fee Claims Over Evidence Exclusion

    A California trial court erred when it blocked any reference to underlying legal malpractice allegations in a trial for recovery of fees brought by a San Francisco lawyer against his former clients, according to a Golden State appeals panel, which found the malpractice claims, though "effectively abandoned," had not reached final judgment on the merits.

  • June 06, 2025

    OpenAI CEO Calls NYT's ChatGPT Log Demand 'Inappropriate'

    OpenAI CEO Sam Altman and his company have said they intend to appeal a Manhattan federal court order mandating the preservation of ChatGPT logs at the request of The New York Times and other news agencies in ongoing copyright infringement litigation, saying the demand goes too far.

  • June 06, 2025

    Off The Bench: NASCAR Antitrust Saga, White Sox Transfer

    In this week's Off The Bench, an appeals court says Michael Jordan's auto racing team cannot compete amid an antitrust suit against NASCAR, the Chicago White Sox start a long ownership transfer process, and the woman who accused a college football coach of sexual harassment sues the university over its handling of the complaint.

  • June 05, 2025

    Fla. High Court Denies Property Rights In Special Taxi Permits

    The Florida Supreme Court on Thursday ruled taxi permits that weren't recognized by a county jurisdiction after a special district was dissolved don't constitute an unconstitutional taking by the government without compensation, saying the state Legislature repealed the licenses' property rights in 2017.

  • June 05, 2025

    9th Circ. Broadens Test For ERISA Claim Releases

    The Ninth Circuit on Thursday reversed a finding that releases signed by two former microchip manufacturer employees bar them from leading a class action over claims the company illegally revoked its severance program, finding that the court should consider whether the company breached its fiduciary duty in obtaining the releases.

  • June 05, 2025

    Infant Cushion Maker Urges DC Circ. To Vacate CPSC Rule

    A company that manufactures infant support cushions has told the D.C. Circuit that the U.S. Consumer Product Safety Commission overstepped its authority by issuing a rule regulating the products as "durable" and thus skirting congressional limits on its ability to issue mandatory product safety standards.

  • June 05, 2025

    Fed. Circ. Probes IGT Claim That Zynga Couldn't Target Patent

    Gambling technology company IGT faced hurdles Thursday as it argued to the Federal Circuit that mobile game maker Zynga should have been stopped from challenging one of its patents due to an earlier dispute, as the judges questioned whether the issue is appealable.

  • June 05, 2025

    SEC Wants 8th Circ. To Remand 'Dealer' Suit After Dismissals

    The U.S. Securities and Exchange Commission asked the Eighth Circuit on Thursday to send a $12 million case it won against Carebourn Capital back to the district court in light of its recent decision to take a less expansive approach to the definition of "securities dealer."

  • June 05, 2025

    DC Circ. Won't Make FCC Reconsider LTD Broadband Funds

    The D.C. Circuit isn't going to touch a Federal Communications Commission decision denying LTD Broadband LLC $1.3 billion in rural network deployment funds after the company failed to convince the agency that it could connect the half-million locations that came with the money.

  • June 05, 2025

    Venezuela Asks To Undo $17M Loss Over Bolivar Artifacts

    The government of Venezuela asked the Eleventh Circuit on Thursday to undo a $17 million default judgment against it over the theft of a Florida man's collection of South American liberator and military general Simón Bolívar's possessions.

  • June 05, 2025

    Med Mal Juror Misconduct Claim Won't Mean New Trial

    An Indiana state appeals court Thursday upheld a defense win in a medical malpractice trial despite a juror's post-verdict revelation that she had previously heard of a defense expert witness.

  • June 05, 2025

    Wash. Judge Rejects Spiritual Group's Revived Guru IP Claims

    A Seattle religious group has failed to prove copyright claims against an ex-member over the spiritual teachings of its late founder, a Washington federal judge has ruled following the case's revival on appeal, quipping that time and money spent on the case "vastly exceeds" any evidence of harm.

  • June 05, 2025

    States, Attys, Groups Push 8th Circ. For ND Tribes' Voting Rights

    Nineteen states, 16 former federal attorneys and a slew of civil rights groups are backing two North Dakota tribes in their efforts for an Eighth Circuit rehearing, arguing the appellate court's semantic shift regarding voting rights presents important questions that merit its full consideration.

  • June 05, 2025

    Fed. Circ. Says Dolby Can't Appeal PTAB Decision In Its Favor

    The Federal Circuit on Thursday dismissed Dolby Laboratories Licensing Corp.'s challenge to Patent Trial and Appeal Board proceedings that it prevailed on, spurning the company's appeal asserting that Unified Patents' failure to identify all of the interested parties should have nullified its case.

Expert Analysis

  • Alien Enemies Act Case Could Reshape Executive Power

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    President Donald Trump’s invocation of the Alien Enemies Act to deport Venezuelan nationals raises fundamental questions about statutory interpretation, executive power and constitutional structure, which now lay on the U.S. Supreme Court's doorstep, says Mauni Jalali at Quinn Emanuel.

  • An Update On IPR Issue Preclusion In District Court Litigation

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    Two recent Federal Circuit rulings have resolved a district court split regarding issue preclusion based on Patent Trial and Appeal Board outcomes, potentially counseling petitioners in favor of challenging not only all the claims of an asserted patent, but also related patents that have not yet been raised in district court, say attorneys at Alston & Bird.

  • Series

    Adapting To Private Practice: From DOJ Leadership To BigLaw

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    The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.

  • Fed. Circ. Ruling Reaffirms Listing Elements Separately Is Key

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    The Federal Circuit's decision last month in Regeneron v. Mylan reaffirms a critical principle in patent law: When a claim lists elements separately, the clear implication is that they are distinct elements, say attorneys at Taft.

  • Nev. Fraud Ruling Raises Stakes For Proxy Battles

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    Though a Nevada federal court’s recent U.S. v. Boruchowitz decision involved unusual facts, the court's ruling that board members can be defrauded of their seat through misrepresentations increases fraud risks in more typical circumstances involving board elections, especially proxy fights, say attorneys at ArentFox Schiff.

  • Law Firm Executive Orders Create A Legal Ethics Minefield

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    Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.

  • NLRB Firing May Need Justices' Input On Removal Power

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    President Donald Trump's unprecedented removal of National Labor Relations Board member Gwynne Wilcox spurred a lawsuit that is sure to be closely watched, as it may cause the U.S. Supreme Court to reexamine a 1935 precedent that has limited the president's removal powers, say attorneys at Kelley Drye.

  • Firms Must Embrace Alternative Billing Models Or Fall Behind

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    As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.

  • Risks Of Today's Proffer Agreements May Outweigh Benefits

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    Modern-day proffer agreements offer fewer protections to individuals as U.S. attorney's offices take different approaches to information-sharing, so counsel must consider pushing for provisions in such agreements that bar the prosecuting office from sharing information with nonparty government agencies, say attorneys at Lankler Siffert & Wohl.

  • SDNY Sentencing Ruling Is Boon For White Collar Defendants

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    Defense attorneys should consider how to maximize the impact of a New York federal court’s recent groundbreaking ruling in U.S. v. Tavberidze, which held that a sentencing guidelines provision unconstitutionally penalizes the right to a jury trial, says Sarah Sulkowski at Gelber & Santillo.

  • How Attorneys Can Master The Art Of On-Camera Presence

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    As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.

  • What Del. Corporate Law Rework Means For Founder-Led Cos.

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    Although the amendments to the Delaware General Corporation Law have proven somewhat divisive, they will provide greater clarity and predictability in the rules that apply to founder-led companies navigating transactions concerning controlling stockholders and responding to books-and-records requests, say attorneys at Munger Tolles.

  • Patent Drafting Pointers From Fed. Circ. COVID Test Ruling

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    The Federal Circuit's recent decision in DNA Genotek v. Spectrum Solutions provides several best practice pointers for drafting and prosecuting patent applications, highlighting how nuances in wording can potentially limit the scope of claims or otherwise affect claim constructions, says Irah Donner at Manatt.

  • Series

    Baseball Fantasy Camp Makes Me A Better Lawyer

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    With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.

  • Series

    Adapting To Private Practice: From Fed. Prosecutor To BigLaw

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    Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.

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