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Appellate
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May 12, 2025
Full DC Circ. Won't Review Copyright Denial For AI-Created Art
The D.C. Circuit on Monday denied a computer scientist's request for a three-judge panel rehearing or en banc review of an order that found copyright law protects only human creations, nixing his appeal that attempted to obtain copyright for a two-dimensional artwork made by the computer scientist's artificial intelligence system.
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May 12, 2025
Fed. Circ. Won't Revive Sydnexis Eye Drop Patents
The Federal Circuit on Monday backed a series of Patent Trial and Appeal Board rulings that found claims in a trio of patents owned by Sydnexis Inc. relating to ways to treat nearsightedness were invalid.
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May 12, 2025
Will Justices Finally Rein In Universal Injunctions?
The U.S. Supreme Court is expected to address for the first time Thursday the propriety of universal injunctions, a tool federal judges have increasingly used to broadly halt presidential orders and policy initiatives, and whose validity has haunted the high court's merits and emergency dockets for more than a decade.
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May 12, 2025
Florida Entrepreneur Fights Dismissal in RI Cannabis Case
A Florida entrepreneur on Friday told the First Circuit that Rhode Island cannabis regulators have mischaracterized his challenge to the state's cannabis policy, and sought a remand back to district court to pursue his constitutional challenge to the state's licensure scheme.
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May 12, 2025
2nd Circ. Sides With Subway In Russia Franchisee Arbitration
The Second Circuit on Monday affirmed two arbitration awards that allowed sandwich chain Subway International BV to sever ties with its former Russian franchise owner.
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May 12, 2025
AI Training May Need Licensing, Copyright Office Says
Using copyrighted material to train generative artificial intelligence systems may not always be excused by fair use, the U.S. Copyright Office said in a highly anticipated report addressing the issue, suggesting that licensing may be required in some instances.
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May 12, 2025
5th Circ. Pauses DOL Overtime Rule Challenge
The Fifth Circuit paused the U.S. Department of Labor's challenge to a Texas federal court decision vacating a rule that raised salary thresholds for considering employees overtime-exempt under federal wage law, the latest pause affecting Biden-era rules after the change in administration.
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May 12, 2025
Texas Justices Say Nursing Home Can Appeal $7.1M Verdict
The Texas Supreme Court has revived a nursing home's appeal of a $7.1 million injury verdict in favor of one of its employees, saying the nursing home has shown that it did not have actual notice of the judgment and is entitled to an extension to the filing deadline.
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May 09, 2025
Fla. Judge Facing Ethics Charges For Sharing Fake Recording
A judge in Broward County, Florida, has been charged for publicly sharing a fabricated, "likely" artificial intelligence-generated recording of a chief judge disparaging another judge in the midst of her 2024 campaign for reelection, according to a notice filed Friday.
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May 09, 2025
Pa. Top Court Snapshot: Cap & Trade, Prosecutor Power
The scope of powers held by the Pennsylvania governor, the attorney general, and state and local utility authorities will take center stage in Harrisburg when the state Supreme Court convenes for its May session.
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May 09, 2025
Trustees Can't Charge Fees In Tossed Ch. 13s, 2nd Circ. Says
A standing Chapter 13 trustee in the Eastern District of New York must return some $20,000 in fees from a dismissed bankruptcy, the Second Circuit ruled Friday, holding trustees are not entitled to charge a percentage fee on payments a debtor makes unless a plan is confirmed.
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May 09, 2025
2nd Circ. OKs $6.5M Verdict Over Coerced Murder Confession
The Second Circuit on Friday upheld a wrongfully imprisoned man's $6.5 million verdict against a Buffalo police officer for fabricating his confession during an episode of psychosis, saying the jury made reasonable findings based on the evidence.
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May 09, 2025
Fed. Circ. Veers From USPTO Agenda In IPR Estoppel Ruling
The Federal Circuit has cleared patent challengers to pursue grounds in district court that weren't available in inter partes reviews, which attorneys say will likely increase the amount of Patent Trial and Appeal Board challenges at a time when the agency is working toward the opposite.
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May 09, 2025
BDO Urges Justices To Hear 'Crucial' Auditor Fraud Case
BDO USA LLP is petitioning the U.S. Supreme Court to hear a case that the firm warns could have "devastating" consequences for public companies' auditors, arguing in a Friday filing that the Second Circuit created a "dangerous precedent" by reviving a lawsuit brought by AmTrust Financial Services Inc. shareholders.
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May 09, 2025
Pathology Lab Urges 8th Circ. Not To Revive Antitrust Claims
Iowa Pathology Associates told the Eighth Circuit a lower court was right to toss a rival lab's case accusing it of monopolizing the market because the claims are really about the lab's failure to attract enough clients from the competing practice to achieve its expected profits.
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May 09, 2025
Split 4th Circ. Revives Naval Engineers' No-Poach Case
A split Fourth Circuit panel Friday revived a putative class action accusing major shipbuilders and naval engineering consultants of an illegal "no-poach" conspiracy, with the majority holding that just because the alleged conspirators never formalized their purported agreements in writing, it doesn't mean the conspiracy can't be unlawful.
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May 09, 2025
Texas High Court Says Writing Trumps Verbal Drilling Deal
The Texas Supreme Court handed a victory to an energy company that sold mineral rights it had acquired for about $5 million, reversing a state appeals court in a Friday opinion finding that supposed oral agreements didn't prevent the resale.
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May 09, 2025
Tech-Averse Souter Still Kept Up With The Times In IP Cases
U.S. Supreme Court Justice David Souter, who famously rejected facets of modernity like email and cellphones, nonetheless evinced a willingness to keep up with technology and culture in his writing on intellectual property matters, including important copyright cases on parody and peer-to-peer file sharing, attorneys said.
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May 09, 2025
Texas Justices Let Home Depot Off Hook In Cop Shooting Suit
The Texas Supreme Court on Friday tossed a suit seeking to hold Home Depot and an off-duty police officer serving as a security guard liable for the shooting death of a responding police officer, saying police officers trying to prevent crimes even when off duty are entitled to immunity.
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May 09, 2025
Florida Atty Loses Law School Loan Appeal In Connecticut
A Connecticut state appeals court backed a lower court decision on Friday that said a Florida attorney must repay $30,000 to his ex-girlfriend and mother of his child, a woman whom a state trial court said "unwisely cosigned" on his law school loans and made payments on them.
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May 09, 2025
DC Circ. Tosses DOD's Time-In-Service Appeal As Moot
A D.C. Circuit panel ruled Friday that the U.S. Department of Defense cannot appeal to defend a since-rescinded policy setting service duration requirements for noncitizen soldiers to pursue an expedited path to citizenship.
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May 09, 2025
Fed. Circ. Scolds Apple, Optis For Staying Mum On UK Ruling
The Federal Circuit was in court Friday to decide whether a $300 million verdict against Apple for infringing standard-essential 4G patents owned by Optis ought to be wiped out, kept in place or sent back down to be nearly doubled, but first they had questions about another set of judges.
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May 09, 2025
From Fox News To DOJ: This Is The Next Interim DC US Atty
Former Fox News host and judge Jeanine Pirro will soon take the helm of the U.S. Attorney's Office for the District of Columbia after more than a decade at the network where she was a figure in high-profile defamation cases.
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May 09, 2025
W.Va. Justices Say UIM Coverage Needn't Always Be Offered
West Virginia does not require commercial auto insurers to offer underinsured motorist, or UIM, coverage for all vehicles they insure, the West Virginia Supreme Court of Appeals ruled, answering a question from the Fourth Circuit in a dispute over a policy insuring both owned and "non-owned" vehicles.
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May 09, 2025
Food Importer Can't Secure Lower Duty Rate On Frozen Fruit
The Federal Circuit on Friday denied a company's efforts to have its mixed frozen fruit imports from Canada reclassified as "other food preparations" instead of frozen fruit in order to secure duty-free treatment for the products.
Expert Analysis
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Lessons From Two New Year's Eve Uptier Exchange Decisions
On the last day of 2024, two different courts issued important decisions relating to non-pro rata uptier exchanges — and while they differ, both rulings highlight that transactions effected in reliance on undefined terms in debt agreements come with increased risk, say attorneys at Simpson Thacher.
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Public Corruption Enforcement In 2024 Has Clues For 2025
If 2024 activity is any indication, the U.S. Supreme Court will likely continue to rein in expansive prosecutorial theories of fraud in the year to come, but it’s harder to predict what the new administration will mean for public corruption prosecutions in 2025, says Cathy Fleming at Offit Kurman.
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Issues To Watch In 2025's ERISA Litigation Landscape
Whether 2024’s uptick in new Employee Retirement Income Security Act cases will continue this year will likely depend on federal courts’ resolution of several issues, including those related to excessive fees, defined contribution plan forfeitures, and pleading standards for ERISA-prohibited transaction claims, say attorneys at Groom Law.
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Patent Ruling Sheds Light On Printed Matter Doctrine
Patent attorneys should pay attention to the claim language highlighted in Ioengine v. Ingenico, where the Federal Circuit held that program code was not printed matter, but essentially instructions or content, and therefore not subject to the printed matter doctrine for patent challenges, says Irah Donner at Manatt.
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Calif. Justices' Options In Insurance Exhaustion Case
Fox Paine v. Twin City Fire Insurance may serve as the California Supreme Court's opportunity to firmly establish precedent with respect to a strict adherence to excess insurance policies' exhaustion provisions when the language is clear and explicit, says Aiden Spencer at Langsam Stevens.
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Justices Could Stitch Up ERISA Circuit Split With Cornell Case
In Cunningham v. Cornell, scheduled for oral arguments next week, the U.S. Supreme Court has the opportunity to provide uniform pleading standards for Section 1106(a) of the Employee Retirement Income Security Act, the lack of which has vexed circuit courts and benefits counsel for years, says Scott Tippett at Offit Kurman.
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Considering The Status Of The US Doctrine Of Patent Misuse
A recent Ninth Circuit decision and a U.K. Court of Appeal decision demonstrate the impact that the U.S. Supreme Court's 2015 decision in Kimble v. Marvel Entertainment has had on the principle that post-patent-expiration royalty payments amount to patent misuse, not only in the U.S. but in English courts as well, say attorneys at Covington.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Looking Back At 2024's Noteworthy State AG Litigation
State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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The Compliance Trends And Imperatives On Tap In 2025
The corporate ethics and compliance landscape is rapidly evolving, posing challenges from conflicting stakeholder expectations to technological disruptions, and businesses will need to explore human-centered, data-driven and evidence-based practices, says Hui Chen at CDE Advisors.
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Opinion
Congress Should Finally Add Clarity To Section 101
With both the U.S. House of Representatives and Senate introducing bills to provide guidance on what qualifies as patentable subject matter under the Patent Act, Congress will hopefully put an end at last to 10 years of uncertainty surrounding the question, says David Carstens at Carstens Allen.
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5 Advertising Law Trends To Watch In 2025
Although advertisers are encouraged by the incoming Trump administration's focus on deregulation, this year could feel like wading through uncharted waters, and decreased federal government regulation may mean increased state regulation, say attorneys at Reed Smith.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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NY Plastic Pollution Verdict May Not Bode Well For Other Suits
The dismissal of New York state's public nuisance complaint against PepsiCo over pollution of the Buffalo River with the company's single use plastic bottles may not augur well for similar lawsuits filed by Baltimore and Los Angeles County, although tort law varies from state to state, say attorneys at Winston & Strawn.