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Appellate

  • 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.

  • June 05, 2025

    3rd Circ. Says Amgen Can Proceed With Subpoena In IP Suit

    The Third Circuit on Thursday sided with biotechnology company Amgen Inc. in its efforts to subpoena a competitor that it accused of patent infringement, reasoning that the panel lacked jurisdiction to hear the case because the lower court's decision regarding discovery was not ripe for appeal.

  • June 05, 2025

    Fed. Circ. Backs Apple Loss In PTAB Gesture Patent Fight

    The Federal Circuit on Thursday backed the Patent Trial and Appeal Board's finding that Apple failed to show that a Gesture Technology patent on using cameras to recognize human gestures is invalid, with the majority panel saying the "case should serve as a warning."

  • June 05, 2025

    Pa. City's Receiver Asks Court To Rein In Stormwater Board

    The receiver for the bankrupt city of Chester, Pennsylvania, told a state court Thursday that the city-created stormwater authority and its board of directors violated their charter and state law by expanding the board and paying the elected officials who were on it.

  • June 05, 2025

    Ga. Court Nixes 'Massive' $65M Punitive Award In Fraud Case

    The Georgia Court of Appeals on Thursday struck down $65 million in punitive damages awarded to a doctor who was defrauded of his investments in a series of restaurants, ruling that the verdict was "grossly excessive" at more than 100 times the value of the compensatory damages awarded by a state court jury.

  • June 05, 2025

    NJ Justices To Take Look At Boys & Girls Club Abuse Claims

    Garden State justices have agreed to hear whether New Jersey courts have jurisdiction over the alleged sexual abuse in the 1970s and '80s by a counselor for the Hudson County chapter of the Boys & Girls Clubs of America, according to a court order.

  • June 05, 2025

    4th Circ. Won't Revive Ex-Fire Captain's Free Speech Suit

    The Fourth Circuit refused to reopen a former Lynchburg, Virginia, fire captain's suit alleging he was unconstitutionally fired for social media posts that citizens called transphobic and racist, ruling Thursday that he failed to show why the city should be held liable.

  • June 05, 2025

    Actors Ask 9th Circ. To Revive SAG Vax Mandate Fight

    SAG-AFTRA members urged the Ninth Circuit on Thursday to revive their claims that the union betrayed them by allowing studios to impose COVID-19 vaccine mandates against members with medical and religious objections, arguing that the state claims aren't preempted and "not everything that involves these guilds is a federal matter."

  • June 05, 2025

    NJ High Court Will Review Injury Suits Against Walmart, Clinic

    New Jersey justices have agreed to weigh in on personal injury suits against Walmart and a Garden State health clinic involving an overturned $1.3 million verdict in one case and the immunity of medical nonprofits in the other, according to a pair of court orders.

  • June 05, 2025

    Orgs. Clash At DC Circ. Over FCC's Spectrum Revamp

    Public safety groups are clashing at the D.C. Circuit over whether the Federal Communications Commission overstepped its authority when it expanded spectrum rights in the 4.9 gigahertz band, a segment of airwaves long relied on by emergency responders.

  • June 05, 2025

    Major Co. Group Asks Full Fed. Circ. To Review Lashify ITC Case

    A coalition representing big companies including Google and Apple is backing the U.S. International Trade Commission's request that the Federal Circuit rethink its finding that the commission had been wrongly barring domestic expenses related to sales, marketing and other activities from ITC patent cases.

  • June 05, 2025

    Dems, GOP Question Contempt Section Of Reconciliation Bill

    Senate Democrats have vowed to do whatever they can to defeat a provision in the budget reconciliation that would limit federal courts' ability to hold federal officials in contempt, and some Republicans are wary of it as well. 

  • June 05, 2025

    Convicted Fla. Atty Urges 11th Circ. To Reexamine Sentence

    A Florida lawyer sentenced to 75 months in prison over a COVID-19 loan fraud scheme has asked the Eleventh Circuit to rehear her sentencing en banc, arguing the appellate court should reexamine the district court's so-called Keane statement allegedly disregarding sentencing guidelines.

  • June 05, 2025

    Senate Panel Advances Picks For Nat. Sec. Post, Iowa US Atty

    The Senate voted 52-43 along party lines on Thursday to confirm John Andrew Eisenberg to be assistant attorney general for national security.

  • June 05, 2025

    How Trump's Pardons Could Sway Prosecutorial Discretion

    As President Donald Trump dismantles a growing list of white collar criminal cases with a flurry of clemency grants early in his second term, erasing years of investigative and prosecutorial work with a stroke of his black Sharpie, experts worry his actions will have a chilling effect on prosecutorial decision-making.

  • June 05, 2025

    4th Circ. Stalls Jordan's NASCAR Team During Antitrust Suit

    The Fourth Circuit on Thursday threw a caution flag in a much-publicized antitrust suit against NASCAR by vacating an injunction that let two teams — including one co-owned by NBA legend Michael Jordan — keep their charter status while they pursue claims against the league.

  • June 05, 2025

    High Court Drops Class Cert. Clarification Bid

    The U.S. Supreme Court declined Thursday to weigh in on whether federal courts can certify classes that include uninjured members, holding it improperly agreed to hear a disability discrimination case against diagnostics company Labcorp that raised the important question.

  • June 05, 2025

    Justices Revive Bid To Enforce $1.3B Indian Satellite Award

    The U.S. Supreme Court on Thursday overturned a Ninth Circuit decision refusing to enforce a $1.3 billion arbitral award issued to an Indian satellite communications company, ruling that the court's outlier interpretation of a jurisdictional question was incorrect.

  • June 05, 2025

    Supreme Court Bars Hamas Victims From Reviving Bank Suit

    The U.S. Supreme Court ruled Thursday that victims of Hamas terrorist attacks cannot get a second shot at filing a lawsuit that seeks to hold a Lebanese bank liable for aiding and abetting Hamas, reasserting that final judgments can only be reopened under "extraordinary circumstances."

Expert Analysis

  • 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.

  • How Justices Rule On Straight Bias May Shift Worker Suits

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    Following oral argument at the U.S. Supreme Court in Ames v. Ohio Department of Youth Services, in which a heterosexual woman sued her employer for sexual orientation discrimination, the forthcoming decision may create a perfect storm for employers amid recent attacks on diversity, equity and inclusion, say attorneys at Proskauer.

  • How Del. Supreme Court, Legislature Have Clarified 'Control'

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    The Delaware Supreme Court's January decision in In re: Oracle and the General Assembly's passage of amendments to the Delaware General Corporation Law this week, when taken together, help make the controlling-stockholder analysis clearer and more predictable for companies with large stockholders, say attorneys at Baker Botts.

  • Service By Token Is Transforming Crypto Litigation Landscape

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    As the Trump administration advocates a new course of cryptocurrency regulation, courts in the U.S. and abroad are authorizing innovative methods of process service, including via nonfungible tokens and blockchain messaging, offering practical solutions for litigators grappling with the anonymity of cyber defendants, says Jose Ceide at Salazar Law.

  • Fed. Circ. In Feb.: Lessons On Cases With Many Patent Claims

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    The Federal Circuit's decision in Kroy IP v. Groupon last month establishes that inter partes review petitioners cannot rely on collateral estoppel to invalidate patent claims after challenging a smaller subset, highlighting the benefit that patent owners may gain from seeking patents with many claims, say attorneys at Knobbe Martens.

  • PG&E Win Boosts Employers' Defamation Defense

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    A California appeals court's recent Hearn v. PG&E ruling, reversing a $2 million verdict against PG&E related to an ex-employee’s retaliation claims, provides employers with a stronger defense against defamation claims tied to termination, but also highlights the need for fairness and diligence in internal investigations and communications, say attorneys at Kaufman Dolowich.

  • Justices' False Statement Ruling Curbs Half-Truth Liability

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    The U.S. Supreme Court’s recent Thompson v. U.S. decision clarified that a federal statute used to prosecute false statements made to bank regulators only criminalizes outright falsehoods, narrowing prosecutors’ reach and providing defense counsel a stronger basis to challenge indictments of merely misleading statements, says Tamara de Silva at De Silva Law Offices.

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