Appellate

  • October 30, 2026

    'Why Would I Deceive You?': Fact-Checking The Holmes Doc

    With former Theranos CEO Elizabeth Holmes' criminal case receiving renewed attention following the recent release of Nathan Fielder and Lance Oppenheim's documentary "You Can See Everything," Law360 answers questions about Holmes' 2022 securities fraud conviction and fact-checks some of the documentary's most talked-about moments.

  • October 30, 2026

    Custodia Urges High Court To Curb Fed 'Tyranny'

    Custodia Bank again urged the U.S. Supreme Court to review a Tenth Circuit ruling allowing regional Federal Reserve banks to deny eligible banks master accounts, saying only the high court can "put an end to the Fed's tyranny over financial innovation."

  • October 30, 2026

    Amazon Aims For Quick Appeal Of Partial Antitrust Class Cert.

    Amazon is seeking permission from the Ninth Circuit to immediately appeal a Washington federal judge's decision partly granting a group of online shoppers' class certification bid in an antitrust lawsuit alleging its vendor pricing policies inflated prices on Walmart and eBay's online marketplaces, according to a recent docket entry. 

  • October 30, 2026

    6th Circ. Backs Gun Ban For Mentally Incompetent People

    A man who law enforcement believes was planning an attack on Fort Knox, Kentucky, can be disarmed without violating his Second Amendment rights, because there is a historical tradition of not allowing people with a mental illness to own firearms, the Sixth Circuit has ruled.

  • October 30, 2026

    What To Know About The North Carolina Supreme Court Race

    The race for one seat on the North Carolina Supreme Court pits a Democratic incumbent looking to safeguard the party's dwindling faction on the court against a former Republican state representative who could increase the GOP's stronghold on the Tar Heel State's often contentious highest bench.

  • October 30, 2026

    Mich. High Court OKs Counting Ballots With Stub Errors

    With Election Day less than a week away, the Michigan Supreme Court denied a bid by the Republican National Committee to review a state appellate court opinion signing off on the state's procedure for counting absentee ballots with missing tabs or with numbers that do not match the number on their secrecy sleeves.

  • October 30, 2026

    9th Circ. Backs Meta In Publisher's Appeal Over Account Ban

    The Ninth Circuit Friday affirmed a lower court's dismissal of a Canadian news site's claim that Meta breached their agreement when it canceled the site's Facebook account, finding that Meta was acting in its capacity as a publisher and is therefore shielded by Section 230 of the Communications Decency Act.

  • October 30, 2026

    Colo. Justices Keep Graduated Income Tax Measure On Ballot

    The Colorado Supreme Court Friday affirmed the dismissal of a man's complaint seeking to have an initiative to raise taxes on the state's wealthiest residents removed from the ballot due to some petition entities not registering their circulators properly with the state.

  • October 30, 2026

    NY Pot Business Program Not Preempted By CSA, Court Says

    A New York state appeals court ended a lawsuit by a group of anti-cannabis activists that challenged state funding for recreational marijuana dispensary buildouts, ruling the funding doesn't conflict with federal drug law.

  • October 30, 2026

    2nd Circ. Rejects Reed Smith's Bid To Halt File Turnover

    The Second Circuit denied Reed Smith LLP's emergency stay request to pause lower court decisions requiring it to turn over client files related to shipping company Eletson on Friday, saying in a succinct order the same day that the bid didn't meet requirements outlined by the U.S. Supreme Court.

  • October 30, 2026

    2nd Circ. To Hear CFTC At Kalshi, Conn. Oral Arguments

    The Second Circuit on Friday said it would permit the U.S. Commodity Futures Trading Commission to share its views on prediction market regulation at upcoming oral arguments between Kalshi and Connecticut regulators.

  • October 30, 2026

    Kalshi Taps Clement For High Court Sports Contracts Fight

    Kalshi has hired appellate heavyweight Paul D. Clement of Clement & Murphy PLLC to represent the company in its potential U.S. Supreme Court battle over whether the prediction markets platform's sports wagering is subject to state or federal oversight.

  • October 30, 2026

    9th Circ. Revives NFL Sunday Ticket Antitrust Verdict

    The Ninth Circuit ruled Friday that a lower court was wrong to scrap a $4.7 billion jury verdict against the National Football League in a class action over the price of its Sunday Ticket broadcast package, but ordered a new trial on the damages.

  • October 30, 2026

    Pa. Justices Nix Damages For CEO Who Was Paid Late

    The Pennsylvania Supreme Court has ruled an employee can't sue an employer for liquidated damages stemming from unpaid wages if those wages were paid before the lawsuit was filed, even if the payday came late.

  • October 30, 2026

    Seed-Drill Patent Dispute Sent Back To PTAB By Fed. Circ.

    The Federal Circuit on Friday vacated a Patent Trial and Appeal Board decision finding that agricultural services firm Precision Planting LLC had not shown that a patent covering seed drills was obvious.

  • October 30, 2026

    Fed. Circ. Backs Sonos In Google Encryption Patent Fight

    The Federal Circuit on Friday said it won't reinstate Google's allegations that Sonos infringed a wireless technology patent, agreeing with how a California federal judge interpreted key language in the patent when looking at two of the search engine giant's infringement theories.

  • October 30, 2026

    Up Next At High Court: Religious Liberty & Unpled Defenses

    The U.S. Supreme Court will begin its November sitting by hearing oral arguments in a case challenging the constitutionality of Colorado's universal preschool program and a dispute asking the justices to settle a circuit split over whether defendants in civil lawsuits can seek summary judgment based on unpled affirmative defenses.

  • October 30, 2026

    Google Search Judge 'Increasingly Concerned' By Fix Delays

    Nearly a year after issuing his final mandates ordering Google to prop up search engine rivals with data and syndicated search results, a D.C. federal judge expressed concern during a hearing Friday that the process of readying the monopolization fixes won by the U.S. Department of Justice continues to drag on.

  • October 30, 2026

    4th Circ. Probes Class Cert. In Utility Group 401(k) Fee Suit

    The Fourth Circuit on Friday wrestled with an electric utility trade group's bid to undo class certification of a suit alleging excessive fees were charged to a 401(k) plan comprising workers from hundreds of employers, weighing the impact of recent precedent that revoked certification in another retirement plan suit.

  • October 30, 2026

    3rd Circ. Judge Notes 'Privilege' Of Voting In Pa. Ballot Fight

    A Third Circuit judge said Thursday that he believed there was "no indefeasible individual right to vote," splitting from his colleagues in an appeal over fee awards in an election case to opine on collective rights, who can enforce them and who benefits from litigation over election rules.

  • October 30, 2026

    Fed. Circ. Upholds BeSang Patent, Keeps Micron Ruling Intact

    The Federal Circuit on Friday affirmed the Patent Trial and Appeal Board's rejection of Micron Technology's and Intel Corp.'s challenges to a BeSang Inc. computer memory patent, but also upheld a ruling that led BeSang to concede Micron doesn't infringe.

  • October 30, 2026

    Alleged Stalker's Car Search Lawful, Texas High Court Rules

    The highest criminal court in Texas has ruled that a man cannot suppress evidence that he had an illegal firearm in his car because a vehicle inventory taken by police did not violate his Fourth Amendment rights, even if the search did not follow department policy.

  • October 30, 2026

    $9.1M Fee Award Against ChromaDex Erased By Fed. Circ.

    The Federal Circuit Friday overturned a $9.1 million attorney fee award issued to Elysium Health Inc. stemming from a patent infringement case brought by ChromaDex and Dartmouth College, ruling that a district judge had not gone far enough in his patent eligibility analysis.

  • October 30, 2026

    Humanitarian Nonprofit Won't Face Sex Harassment Claims

    A California appeals court refused to revive claims that a former employee of actor Sean Penn's nongovernmental organization was sexually harassed on the job by a firefighter, concluding an arbitrator did not overstep when he found the worker had filed her case too late.

  • October 30, 2026

    Tesla Drivers Urge Full 9th Circ. To Save False Ad Class

    Drivers have asked the full Ninth Circuit to clarify the standard for certifying class actions accusing companies of deceptive advertising, saying they should be allowed to forge ahead with classwide claims alleging Tesla misled customers about the autonomous or self-driving capabilities of its vehicles.

Expert Analysis

  • Series

    Ballet Makes Me A Better Lawyer

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    A lifetime of learning and performing ballet taught me that success — whether in dance or practicing law — comes only through hours of thorough preparation, boundless energy and relentless effort, says Sharon Katz-Pearlman at Greenberg Traurig.

  • Rejection Of NLRB Successor Bar Renews An Employer Tool

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    Although the D.C. Circuit's recent ruling in Hospital Menonita v. National Labor Relations Board does not allow purchasers to disregard incumbent unions, employers acquiring a unionized business have regained a tool to challenge a union's majority support, say attorneys at Bass Berry.

  • NY Ethics Opinion Warns Attys On Qui Tam Deception

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    A recent New York State Bar Association ethics opinion cautions that counsel representing whistleblowers may not induce, supervise or facilitate a client's deceptive prefiling investigations, creating a potential vulnerability for qui tam complaints built on questionable evidence-gathering methods, say attorneys at Sidley.

  • Pa. Anti-SLAPP Ruling Shows Risks Of Atty Defamation Suits

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    A Pennsylvania federal court’s recent Lento Law Group v. Estrada ruling addressed an unsettled question about mandatory fee-shifting provisions in the state’s anti-SLAPP law — and illustrates why attorneys should think twice before suing former clients over negative online reviews, say attorneys at Pietragallo Gordon.

  • 9th Circ. 'Bad Spaniels' Ruling Rewrites TM Dilution Playbook

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    The Ninth Circuit’s recent ruling that each element of the Jack Daniel's packaging parodied by the Bad Spaniels dog toy must be independently assessed for fame narrows trademark owners' ability to use a flagship mark's halo effect to protect the entire brand from tarnishment, say attorneys at Reed Smith.

  • Fed. Circ. In July: Meeting The Enablement Requirement

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    The Federal Circuit's decision in Wyeth v. AstraZeneca last month exemplifies when a generalized conception of an invention is insufficient to enable the full scope of asserted patent infringement claims, and may lead to more enablement challenges, say attorneys at Knobbe Martens.

  • Calif. Ruling Opens Del. Cos. Up To Stockholder Inspection

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    A California appellate court's recent decision in Salamon v. Orchid Global underscores that despite last year's amendments to the Delaware General Corporation Law, Delaware companies with principal operations in California remain subject to California's broader and more stockholder-protective inspection regime, say attorneys at Sheppard.

  • What 9th Circ. Devas Ruling Means For AI Infrastructure Deals

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    The Ninth Circuit's recent confirmation of a $2 billion arbitration award in Devas Multimedia's arbitration against a state-owned commercial arm of India’s space agency creates a cross-border enforcement road map for disputes that are bound to arise from the current generation of artificial intelligence infrastructure deals, says Fernanda Merouco at Davis Wright.

  • 9th Circ. Wage Ruling Shows Arbitration Pacts Are Still Useful

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    After years of uncertainty for California employers, the Ninth Circuit’s recent Cocom v. ABM Aviation decision signals that workplace arbitration agreements remain a powerful and enforceable tool — if thoughtfully drafted and employment-focused, says Benjamin Runge at Thompson Coburn.

  • Series

    Taekwondo Makes Me A Better Lawyer

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    Taekwondo has taught me to recognize when to fight for a position and when to focus on finding a solution, and that the best outcomes are often achieved by solving problems — all of which has improved my work as a bankruptcy lawyer, mediator and Subchapter V trustee, says Amy Denton Mayer at Berger Singerman.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven recent rulings from cases involving Class Action Fairness Act jurisdiction, appellate jurisdiction, attorney fees and employment rights.

  • 3rd Circ. Hotel Ruling Flags Key Issues In Dynamic Pricing

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    The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment relies on allegations that competitors used nonpublic data to set real-time rates considered exorbitant, highlighting both the potential risks and substantial benefits of utilizing emerging technologies, say attorneys at Baker McKenzie.

  • 4th Circ. Class Cert. Ruling Offers Tips For Damages Experts

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    The Fourth Circuit's recent decision reversing class certification in litigation against Boeing raises the cost of a bare-bones damages model proposal for plaintiffs, but it also clarifies what a defensible proposal should contain, say Alok Khare and Erica Rose at FTI Consulting.

  • Opinion

    'Plain Meaning' Requires Plainer Meaning In IP Litigation

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    The Federal Circuit's recent decision in Socket Solutions v. Import Global highlights the frequent ambiguity surrounding courts' references to "plain meaning" in patent claim construction — an ambiguity that should be resolved by courts, not litigants, say attorneys at Klarquist Sparkman.

  • What To Know As Legal Duty To Consider AI Takes Shape

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    While the U.K. Jurisdiction Taskforce’s recent statement on liability for artificial intelligence harms is nonbinding for both U.K. and U.S. lawyers, it highlights the importance of being able to distinguish between the availability of a tool and a professional obligation to use it, say Jonny Frank and Michael Costa at StoneTurn.

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