Appellate

  • April 07, 2026

    Ga. Panel Vacates $662K Interest On $2M Arbitration Award

    A Georgia Court of Appeals panel on Tuesday vacated about $662,000 in interest that was tacked onto an arbitration award in a trade secrets dispute between two medical device companies, ruling that while the assessment of interest was justified, a trial court had miscalculated the total.

  • April 07, 2026

    Fed. Circ. Affirms Samsung PTAB Wins On Display Patents

    The Federal Circuit on Tuesday affirmed a decision from the Patent Trial and Appeal Board that invalidated patents asserted against Samsung covering cooling systems for electronic displays.

  • April 07, 2026

    Mexico Can't Dodge $47M Arbitral Award, DC Circ. Says

    The D.C. Circuit on Tuesday refused to vacate a $47 million arbitral award issued to a Canadian lender following a fraudulent loan scheme, rejecting Mexico's argument that the tribunal misinterpreted part of the North American Free Trade Agreement.

  • April 07, 2026

    2nd Circ. Says Unlicensed Bitcoin-Cash Swaps Can Be Crime

    Exchanging bitcoin for U.S. currency can qualify as transferring funds under the criminal statute against operating an unlicensed money-transmitting business, the Second Circuit held Tuesday in an opinion backing the conviction of a man found guilty of laundering bitcoin that he was told came from drug sales.

  • April 07, 2026

    States, DC Back NY AG James In DOJ Probe Appeal

    Backed by amici including the attorneys general of 20 states and the District of Columbia, New York Attorney General Letitia James is fighting the U.S. Department of Justice's bid to reopen an investigation into her office launched by a federal prosecutor found to have been serving unlawfully.

  • April 07, 2026

    DC Circ. Skeptical Ex-Steward CEO Could Skip Sen. Appearance

    A D.C. Circuit judge told the attorney for the embattled former CEO of Steward Health Care on Tuesday that she couldn't comprehend how his client could invoke his Fifth Amendment rights without showing up to his scheduled appearance before a Senate committee.

  • April 07, 2026

    Labor Firm's Advice Isn't Malicious Prosecution, Court Told

    The Comegno Law Group has urged a New Jersey state court to grant its bid for summary judgment in a discrimination and malicious prosecution suit brought by a former school district administrator, arguing that the undisputed record shows it only acted as counsel to its client.

  • April 07, 2026

    Conn. Justices Uphold Reprimand For Atty's 'Diatribe'

    A divided Connecticut Supreme Court on Tuesday refused to toss out a reprimand imposed on an attorney accused of making disparaging statements about judges amid a long-running fee dispute, finding that John W. Mills failed to show he had "an objective, reasonable belief" that his written comments were true.

  • April 07, 2026

    Fed. Circ. Backs PTAB Decision On Intuit Patent Challenge

    The Federal Circuit on Tuesday backed a decision by the Patent Trial and Appeal Board that software company Intuit had not shown that any of the patent claims it challenged in a patent that covers synchronized internet browsing were invalid.

  • April 07, 2026

    Colo. Justices Say Disputed Costs OK In Public Works Claim

    Disputed or unliquidated costs, including delay and disruption damages, can be included in claims under Colorado's Public Works Act, the state's highest court has ruled, reviving a subcontractor's bid to recover a roughly $13 million claim tied to a Denver-area rail project.

  • April 07, 2026

    DOJ Backs Wrong View Of Accounting Error, 11th Circ. Told

    A hedge fund manager challenging the denial of a $1.9 million tax refund related to his private jet told the Eleventh Circuit that the federal government is wrongly parroting a lower court's unreasonable approach to the accounting error underlying the dispute.

  • April 07, 2026

    Vape Cos. Tell NC Justices To Keep 'Sealed Container' Win

    A vape distributor and seller are urging the North Carolina Supreme Court not to disturb an appeals court ruling in their favor in a suit over an exploding battery, saying the appeals court rightly applied the "sealed container" defense.

  • April 06, 2026

    Wash. Activist Seeks To Force Vote On 'Millionaire Tax'

    A conservative activist urged Washington's highest court to allow voters to weigh in on a newly enacted state income tax on earnings above $1 million, seeking to challenge the secretary of state's position that the new tax isn't eligible to be overturned through a citizen referendum.

  • April 06, 2026

    Ill. AG Urges 7th Circ. To Uphold Landmark Swipe-Fee Law

    Illinois Attorney General Kwame Raoul has urged the Seventh Circuit to rule that his state may fully enforce its Interchange Fee Prohibition Act against national banks and other financial institutions, defending its ban on tax-and-tip swipe fees amid a banking industry appeal.

  • April 06, 2026

    3rd Circ. Backs Sentence Enhancement In $2M COVID Fraud

    A man who was sentenced to more than 12 years in prison for defrauding pandemic-era safety-net programs of more than $2 million cannot challenge his sentence, a Third Circuit panel has ruled, finding he was a ringleader and thus qualified for a sentencing enhancement.

  • April 06, 2026

    Fed. Circ. Questions Army Corps' Contract Award About-Face

    A Federal Circuit judge appeared skeptical on Monday over the U.S. Army Corps of Engineers' about-face on the technical acceptability of a construction company's contract proposal, pressing a government attorney to explain how a once-acceptable proposal now has multiple deficiencies.

  • April 06, 2026

    Feds Seek To Enforce Trans Healthcare Orders During Appeal

    The Trump administration has asked the Fourth Circuit to let it enforce executive orders that ban federal funding for gender-affirming care for patients under age 19 while its appeal of a nationwide injunction is pending, arguing it's likely to succeed in its bid to overturn the trial court's order.

  • April 06, 2026

    Citi Tells 2nd Circ. EFTA Exempts Wire Transfers 'End-To-End'

    A Second Circuit panel Monday seemed responsive to Citibank's arguments that consumer-initiated electronic wire transfers are carved out from the Electronic Funds Transfer Act under a longstanding exemption in the statute, in a suit from the New York attorney general over the bank's response to online wire transfer fraud incidents.

  • April 06, 2026

    9th Circ. Panel Finds Insurer Owed Defense To Wash. Provider

    An Allied World unit unreasonably declined to defend a Washington behavioral health network in a lawsuit alleging sexual misconduct by an employee, a Ninth Circuit panel held Monday, partially reversing a summary judgment win for the insurer.

  • April 06, 2026

    Biz Groups Urge 4th Circ. To End Allergan Overcharge Suit

    Major pharmaceutical and business associations urged the Fourth Circuit to reconsider a panel decision that revived a whistleblower lawsuit accusing an Allergan Sales LLC predecessor of overcharging Medicaid, warning it threatens to become a road map for False Claims Act abuses.

  • April 06, 2026

    Trump Orders Could Chill US Arbitration, Group Warns

    The College of Commercial Arbitrators has urged the D.C. Circuit to reject the Trump administration's consolidated D.C. Circuit appeal seeking to revive executive orders yanking the security clearances of four BigLaw firms, arguing a contrary ruling would "imperil" arbitration in the U.S.

  • April 06, 2026

    ITC Keeps Stiiizy Vape Import Ban In Place Pending Appeal

    The U.S. International Trade Commission won't pause the import and sales bans imposed on cannabis vape company Stiiizy while the company pursues an appeal of the agency's patent infringement ruling in its dispute with rival Pax Labs.

  • April 06, 2026

    RealPage Flags Justices' Therapy Ruling In NY Law Challenge

    RealPage Inc. alerted a New York federal court to the U.S. Supreme Court's recent ruling against Colorado's conversion therapy ban, saying the decision clarifies which standard should be applied in its First Amendment challenge to a state ban on certain rental software.

  • April 06, 2026

    Bausch, MSN Laboratories Settle Patent Battle Over IBS Drug

    Bausch Health and MSN Laboratories have ended their New Jersey patent fight over the irritable bowel medication Trulance after reaching a confidential settlement, filing a stipulation of dismissal that lets MSN keep its patent challenge and lifts the 30‑month stay blocking FDA approval of its proposed generic drug.

  • April 06, 2026

    8th Circ. Rejects Seed Price-Fix Claims Against Bayer, Others

    An Eighth Circuit panel refused Monday to revive antitrust claims accusing Bayer, Cargill, BASF and other seed and crop input giants of boycotting e-commerce platforms to hide price-fixing, agreeing with the district court that the farmer plaintiffs failed to specify what any particular defendant did.

Expert Analysis

  • Justices' Ruling Stresses Quick Action Against Absconders

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    Following the U.S. Supreme Court's recent holding in Rico v. U.S. that a supervised release term is not automatically extended when a defendant absconds, probation officers and prosecutors risk being unable to address later violations if they don't act promptly to secure warrants, say attorneys at Winston & Strawn.

  • Justices May Hesitate To Limit Courts' Arbitration Review

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    Based on Monday's argument in Jules v. Andre Balazs, the U.S. Supreme Court seems poised to preserve federal jurisdiction over arbitral award enforcement stemming from actions originated in federal court, a holding that would markedly limit the court's 2022 Walters v. Badgerow decision, says Ashwini Jayaratnam at DarrowEverett.

  • Series

    Ultramarathons Make Me A Better Lawyer

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    Completing a 100-mile ultramarathon was tougher, more humbling and more rewarding than I ever imagined, and the experience highlighted how long-distance running has sharpened my ability to adapt to the evolving nature of antitrust law and strengthened my resolve to handle demanding, unforeseen challenges, says Dan Oakes at Axinn.

  • State FARA Laws Pose Unique Constitutional Challenges

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    Several states have recently enacted foreign agent registration and disclosure regimes that were modeled after the Foreign Agents Registration Act, but these state laws raise several constitutional questions, including concerns about preemption, speech and petition, and vagueness, says Alexandra Langton at Covington.

  • Series

    Pa. Banking Brief: All The Notable Legal Updates In Q1

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    The first quarter of 2026 brought several consequential developments for Pennsylvania financial institutions, including the state banking department's first assessment overhaul in 10 years, a bill prohibiting interchange fees on card transaction sales taxes and a federal appeals court's upholding of a $52 million enforcement action, say attorneys at Gross McGinley.

  • Determining When Engineered Biologics May Be Patentable

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    The Federal Circuit's recent decision in Regenxbio v. Sarepta, concluding that engineered cells with DNA from different organisms are not patent-ineligible natural phenomena, raises questions surrounding what framework courts will use to evaluate the patent eligibility of engineered biologics moving forward, says Robert Frederickson at Goodwin.

  • In First For DOJ, Action Signals New CFIUS Enforcement Era

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    The U.S. Department of Justice is seeking judicial enforcement of a divestment order, an unprecedented action for the agency that ushers in a new phase for the Committee on Foreign Investment in the United States, one in which judicial proceedings complement administrative oversight and presidential divestment orders may be enforced through litigation, says attorney Sohan Dasgupta.

  • 6th Circ. Can Extend Insurance Valuation Clarity Beyond Auto

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    In rehearing Clippinger v. State Farm, the Sixth Circuit can align itself with the recent drumbeat of other circuits rejecting class certification of auto total loss claims and set standards that apply to similar claims brought under homeowners and other types of insurance policies, say attorneys at Jackson Walker.

  • 9th Circ. Ruling Clarifies Doc Protection Limits In Gov't Probes

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    The Ninth Circuit's recent decision in Kalbers v. U.S. Department of Justice confirms that Rule 6(e) provides robust protections when documents are in the government's possession only through a grand jury subpoena, emphasizing for companies the importance of careful labeling from the outset of an investigation, say attorneys at Cooley.

  • Berk May Spur More Pushback Against Med Mal Gatekeeping

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    The U.S. Supreme Court’s recent decision in Berk v. Choy may appear to be a run-of-the-mill reminder that a federal procedural rule trumps its state counterpart, but it could inspire more challenges to state-created prerequisites to filing medical malpractice lawsuits, say attorneys at Decof Mega.

  • Getting The Most Out Of Learning And Development Programs

    Excerpt from Practical Guidance
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    Junior associates can better develop the legal, business and interpersonal skills they need for long-term success by approaching their firms’ learning and development programs armed with five tips for getting the most out of these resources, says Lauren Hakala at Reed Smith.

  • A Shift In Fed. Circ.'s Approach To Patent Summary Judgment

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    The Federal Circuit's recent decision in Range of Motion v. Armaid may come to be seen as a seminal opinion for potentially exposing and entrenching the Federal Circuit's movement away from its previous framework for identifying obvious noninfringement cases, says Nicholas Nowak at Nowak IP Group.

  • Considering The Risks That Arise When IP Outlives Its Owner

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    Federal and state court decisions show that the statutory regime for each category of intellectual property promises continuity after the owner's death, but the law does not provide a succession framework for how those rights are to be exercised, says Erin Daly at Daly Law & Strategy.

  • Del. Blackbaud Ruling Signals A New Era For Cyberinsurance

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    The recent Delaware Supreme Court ruling in Travelers v. Blackbaud shows that cyberinsurance is moving into a second maturity phase, in which insurers will increasingly attempt to recover their payments from vendors and insureds will face new pressure to justify cyber incident reimbursements, say Steven Teppler at Mandelbaum Barrett and Jade Davis at Shumaker.

  • How A High Court Music Piracy Ruling Shrinks ISP Liability

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    The U.S. Supreme Court's recent opinion in Cox Communications Inc. v. Sony Music Entertainment, which concerned the boundaries of contributory copyright infringement for internet service providers, dramatically lessens both the risk that an ISP will be held contributorily liable and, relatedly, the incentives an ISP may have to help combat online copyright infringement, say attorneys at Debevoise.

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