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Appellate
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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."
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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.
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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.
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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.
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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.
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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.
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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.
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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."
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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."
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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.
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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 BolÃvar's possessions.
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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.
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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.
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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.
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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
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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30 Years Later: How PSLRA Has Improved Securities Litigation
In the 30 years since the Private Securities Litigation Reform Act's passage, the statute has achieved its purpose of shifting securities class actions to investors most capable of monitoring the litigation, selecting competent counsel at competitive rates and maximizing recoveries for the investor classes they represent, say attorneys at Bernstein Litowitz.
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Terraform Case May Be Bellwether For Crypto Enforcement
The prosecution of crypto company Terraform Labs and its CEO, Do Kwon, offers a unique test of the line between lawful and unlawful conduct in digital transactions, and the Trump administration’s posture toward the case will provide clues about its cryptocurrency enforcement agenda in the years to come, say attorneys at Brooks Pierce.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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What's At Stake In High Court's Class Member Standing Case
The U.S. Supreme Court’s eventual decision in Labcorp v. Davis could significantly alter how parties prosecute and defend class actions in federal court, particularly if the court determines some proof of member standing is required before a class may be certified, say attorneys at Reed Smith.
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What Remedies Under New Admin's SEC Could Look Like
The U.S. Securities and Exchange Commission is likely to substantially narrow the remedies it pursues over the next few years, driven by the mounting challenges it faces in court, as well as the views of its incoming chair and fellow Republican commissioners on injunctions, penalties and disgorgement, say attorneys at Milbank.
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Patent Eligibility Insights From Fed. Circ.'s Drill Bit Ruling
The Federal Circuit's recent decision in US Synthetic Corp. v. ITC addresses critical issues in patent eligibility jurisprudence, especially regarding composition-of-matter claims and Section 101 challenges, says Daniel Yannuzzi at Sheppard Mullin.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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What SDNY Judge Can And Can't Do In Adams Case
The federal judge in the Southern District of New York overseeing the criminal case against New York City Mayor Eric Adams deferred making a decision on the government's motion to dismiss the indictment, and while he does have limited authority to deny the motion, that would ultimately be a futile gesture, says Ethan Greenberg at Anderson Kill.
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Drug Kickback Ruling Will Make FCA Liability Harder To Prove
The First Circuit's ruling in U.S. v. Regeneron Pharmaceuticals, requiring the government to prove but-for causation to establish False Claims Act liability based on violations of the Anti-Kickback Statute, raises the bar for FCA enforcement and deepens a circuit split that the U.S. Supreme Court may need to resolve, say attorneys at Baker Donelson.
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Notable Q4 Updates In Insurance Class Actions
In a continuation of trends in property and casualty insurance class actions, last quarter insurers struggled with defending the merits and class certification of sales tax and fee suits, and labor depreciation cases, but succeeded in dismissing privacy class actions at the pleading stages, says Mathew Drocton at BakerHostetler.
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Expropriation Claims After Justices' Holocaust Asset Ruling
The U.S. Supreme Court's recent decision in Hungary v. Simon, rejecting Holocaust survivors' claims against the Hungarian government under the Foreign Sovereign Immunities Act's expropriation exception, continues the trend of narrowly interpreting that exception and offers important guidance for future plaintiffs considering such claims, say attorneys at MoloLamken.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Questions Remain After Justices' Narrow E-Rate FCA Ruling
The U.S. Supreme Court’s recent decision in Wisconsin Bell, holding that requests for reimbursement from the Federal Communications Commission's E-Rate program are subject to False Claims Act liability, resolves one important question but leaves several others open, says Jason Neal at HWG.