Appellate

  • 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.

  • April 06, 2026

    Guo Trustee Can Keep Yacht And $37M, 2nd Circ. Finds

    A Second Circuit panel on Monday affirmed bankruptcy and district court decisions awarding a yacht and a $37 million escrow account to the Chapter 11 estate of Chinese exile Miles Guo, rejecting an appeal from Guo's daughter.

  • April 06, 2026

    Colo. Justices OK Copied Claims If Lawyers Check Facts

    The Colorado Supreme Court ruled Monday that copying allegations from other litigation isn't alone a violation of the Colorado Rules of Civil Procedure, so long as attorneys conduct a "sufficient investigation" into the allegations prior to filing a complaint.

  • April 06, 2026

    1st Circ. Suggests It May Resurrect AdTech Wiretap Case

    A panel of the First Circuit appeared receptive Monday to reinstating federal wiretap claims leveled against a Massachusetts healthcare system over its use of online tracking tools, despite arguments that such a ruling could cripple the industry amid an influx of similar cases nationwide.

  • April 06, 2026

    Full Fed. Circ. Urged To Course Correct On Design Patent Test

    The full Federal Circuit needs to return design patent infringement to a similarities-focused test, rather than one looking at differences between designs, massage device-maker Range of Motion Products LLC said in a bid to revive its suit against Armaid Co.

  • April 06, 2026

    Justices Urged To Curb Post-Mallory Forum Shopping

    Rail industry and legal advocates contend the U.S. Supreme Court's 2023 Mallory ruling unleashed a wave of forum-shopping by plaintiffs lawyers using states' business-registration laws to sue out-of-state companies, and the justices must intervene and stop litigants from unconstitutionally interfering with interstate commerce.

  • April 06, 2026

    Atty Convicted Of Staging Truck Crashes Seeks New Trial

    A disbarred New Orleans attorney has asked a federal judge in Louisiana for a new insurance fraud trial, arguing a suite of issues from her federal trial last month caused her to receive what she described in a filing as a "miscarriage of justice."

  • April 06, 2026

    Mich. Justices Agree To Hear Inmate's Self-Defense Argument

    An inmate convicted of assaulting a prison guard could get a chance for a new trial, as the Michigan Supreme Court has agreed to hear arguments in the case alleging a lower court discounted evidence that shows the guard threatened the inmate prior to the attack.

  • April 06, 2026

    Apple Gets App Store Ruling Paused For High Court Appeal

    The Ninth Circuit granted Apple's request Monday to pause a panel decision in Epic Games Inc.'s favor while it petitions the U.S. Supreme Court to review the ruling, which largely affirmed an injunction barring Apple from charging developers "prohibitive" commissions on certain iPhone app purchases made outside its payment systems.

Expert Analysis

  • Series

    Adapting To Private Practice: 5 Tips From Ex-SEC Unit Chief

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    My move to private practice has reaffirmed my belief in the value of adaptability, collaboration and strategic thinking — qualities that are essential not only for successful client outcomes, but also for sustained professional satisfaction, says Dabney O’Riordan at Fried Frank.

  • 5 Drug Pricing Policy Developments To Watch In 2026

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    2026 may prove to be a critical year for drug pricing in the U.S., with potential major shifts including several legislative initiatives moving forward after being in the works for years, and more experimentation on the horizon concerning GLP-1s and Section 340B pricing, say attorneys at Manatt.

  • 2026 Int'l Arbitration Trends: Awards Against Sovereign States

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    The enforcement of arbitral awards against sovereign states is one of the most contentious and rapidly evolving areas in international arbitration, with three defining issues on the 2026 horizon: the scope of sovereign immunity, assignability of rights, and availability of fraud and corruption defenses, say attorneys at Cleary.

  • Series

    Law School's Missed Lessons: How To Start A Law Firm

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    Launching and sustaining a law firm requires skills most law schools don't teach, but every lawyer should understand a few core principles that can make the leap calculated rather than reckless, says Sam Katz at Athlaw.

  • Opinion

    What Justices Got Right In Candidate Standing Ruling

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    The U.S. Supreme Court's decision this month in Bost v. Illinois State Board of Elections broadens standing for candidates challenging state election rules, marking a welcome shift from other decisions that have impeded access to federal courts, says Daniel Tokaji at the University of Wisconsin Law School.

  • Justices' Med Mal Ruling May Hurt Federal Anti-SLAPP Suits

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    The U.S. Supreme Court's recent decision in Berk v. Choy restricts the application of certain state laws in diversity actions in federal court — and while the ruling concerned affidavit requirements in medical malpractice suits, it may also affect the use of anti-SLAPP statutes in federal litigation, says Travis Chance at Brownstein Hyatt.

  • Fed. Circ. Patent Decisions In 2025: An Empirical Review

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    In 2025, the Federal Circuit's increased output was not enough to keep up with its ever-growing patent case load, and patent owners and applicants fared poorly overall as the court's affirmance rate fell, says Dan Bagatell at Perkins Coie.

  • Key False Claims Act Trends From The Last Year

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    The False Claims Act remains a powerful enforcement tool after some record verdicts and settlements in 2025, and while traditional fraud areas remain a priority, new initiatives are raising questions about its expanding application, says Veronica Nannis at Joseph Greenwald.

  • Series

    Hosting Exchange Students Makes Me A Better Lawyer

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    Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.

  • Postconviction Law In 2026: A Recalibration, Not A Revolution

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    As the U.S. Supreme Court prepares to issue decisions in several federal postconviction cases in the coming months, the justices appear focused on restoring coherence to a system in which sentencing modification, collateral review and finality increasingly overlap, and success for practitioners will depend on strategic clarity, say attorneys at the Law Offices of Alan Ellis.

  • How Mediation Can Lead To Better Environmental Settlements

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    The Tenth Circuit's recent directive to the parties litigating Denver Water's expansion of the Gross Reservoir and Dam to mediate their dispute is a reminder that mediation in environmental matters can save time and money, and achieve a settlement that helps both sides reach their goals, says Heidi Friedman at Thompson Hine.

  • How A 1947 Tugboat Ruling May Shape Work Product In AI Era

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    Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.

  • Opinion

    Faulty Legal Assumptions Obscure Police Self-Defense Law

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    As illustrated by the public commentary surrounding the shooting of Renee Nicole Good by an immigration agent, lawyers sometimes have mistaken assumptions about the applicability of self-defense when law enforcement officers deploy deadly force, but the governing legal standard is clear, says Markus Funk at White & Case.

  • 2026 Int'l Arbitration Trends: Tariffs Drive Transformation

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    In 2025, the Trump administration's sweeping tariffs triggered an unprecedented wave of trade-related disputes — and this, along with evolving M&A practices, the challenges of enforcing arbitral awards against sovereign states, and the role of emerging technologies, will continue to drive international arbitration trends this year, say attorneys at Cleary.

  • Takeaways From 7th Circ.'s Bank Fraud Conviction Reversal

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    The Seventh Circuit’s recent decision in U.S. v. Robinson, holding that a bank fraud conviction must be grounded in a clear misrepresentation to the financial institution itself, signals that the court will not hesitate to correct substantive errors, even in unpreserved challenges, say attorneys at Quinn Emanuel.

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