Appellate

  • June 26, 2025

    Immigrants Tell 1st Circ. DHS Can't Justify Parole Program Ax

    A class of nearly 500,000 immigrants from Cuba, Haiti, Nicaragua and Venezuela told the First Circuit on Wednesday that the Trump administration can't show that a Massachusetts federal judge abused her discretion in blocking the government's rescission of temporary Biden-era removal protections.

  • June 26, 2025

    Ex-Trump Atty Chesebro Disbarred In NY For Fake Elector Plot

    President Donald Trump's former attorney Kenneth Chesebro, the so-called "architect" in the plot to use fake electors to overturn Georgia's 2020 election results, has been disbarred from practicing law in the state of New York, according to a unanimous decision issued on Thursday. 

  • June 26, 2025

    Mass. Court Lets Man Try Again To Escape Ankle Monitor

    A convicted rapist in Massachusetts who spent nearly 16 years in prison will get a second shot at challenging how long he must wear a GPS monitor now that he's been released, after a state appellate court on Thursday ruled a lower court did not properly weigh his constitutional rights.

  • June 26, 2025

    Wash. High Court Says State CBAs Are Private Until Funded

    The agency that negotiates Washington state employees' union contracts can reject public records requests for bargaining-related documents until the contracts are finalized and funded, the Washington Supreme Court held in an 8-1 vote Thursday, upholding a Washington Court of Appeals decision.

  • June 26, 2025

    SMU Law Professor's Tenure Suit Partly Revived By 5th Circ.

    The Fifth Circuit on Wednesday partially revived a former Southern Methodist University law professor's suit over the denial of her tenure application following a ruling last month by the Texas Supreme Court.

  • June 26, 2025

    5th Circ. Revives Biz Records Law, Citing Review Safeguard

    The Fifth Circuit on Thursday tossed a permanent injunction blocking a Texas statute requiring businesses to immediately comply with the state's demand to examine business records, saying the Texas Supreme Court recently "harmonized" the law in a way that addresses Spirit AeroSystems Inc.'s constitutional challenge.

  • June 26, 2025

    Del. Justices Mull New Appeal In $1.5B Pipeline Co. Cashout

    An attorney for cashed-out minority unitholders of Boardwalk Pipeline Partners LP urged Delaware's Supreme Court to consider whether a controlling investor's interests "subverted" a crucial attorney fairness opinion used to justify a 2018, $1.5 billion deal that took the company private.

  • June 26, 2025

    6th Circ. Backs Mich. Newborn Blood Testing Program

    A Sixth Circuit panel reversed a win for a group of parents challenging a Michigan newborn health screening program, finding that the way blood samples are stored and used in the program does not violate the parents' right to make medical decisions for their children.

  • June 26, 2025

    10 Years Later: Obergefell Attorneys, In Their Own Words

    Marking the decade anniversary of the Obergefell opinion, Law360 asked the attorneys who argued the case at the Supreme Court what it was like being at the center of such a monumental case, how a ruling favoring same-sex marriage changed the legal landscape over the past decade, and the remaining legal appetite to overturn it.

  • June 26, 2025

    No Work Needed For Military Leave Pay, Wash. Justices Say

    Washington state public employees are entitled to paid military leave even if they are not scheduled to work because they are on active duty during an extended military leave of absence, the state's Supreme Court ruled Thursday, saying the state's paid military leave statute is unambiguous.

  • June 26, 2025

    Ga. Panel Affirms $6.5M Verdict, $1.8M Fees Over Brain Injury

    A Georgia appellate panel said Thursday that a woman who said she was left permanently disabled while recovering from knee replacement surgery can keep her $6.5 million verdict, along with $1.8 million in attorney fees, ruling that neither award was unreasonable in the medical malpractice suit.

  • June 26, 2025

    2nd Circ. Won't Void Aerospace Co.'s $5M Hedge Fund Loan

    The Second Circuit has said a New York federal judge was correct in rejecting aerospace company Xeriant's bid to void a $5 million loan deal with Auctus Fund LLC, ruling that while the hedge fund was not registered with the U.S. Securities and Exchange Commission as a dealer, the contract didn't obligate it to do so.

  • June 26, 2025

    Seattle Jan. 6 Cops Again Ask Justices To Shield Identities

    Four current and former Seattle police officers who attended the Jan. 6, 2021, "Stop the Steal" insurrection have again asked the U.S. Supreme Court for an emergency stay to prevent the public release of their names after an initial denial from the high court, saying the justices have two days to act.  

  • June 26, 2025

    Calif. Judge Rejects CoStar, CREXi's Early Win Bids In IP Row

    A California federal judge has rejected cross partial summary judgment bids made by property listing rivals CoStar Group Inc. and Commercial Real Estate Exchange Inc. in CoStar's copyright infringement suit against CREXi, which is accused of stealing nearly 50,000 CoStar commercial real estate images.

  • June 26, 2025

    9th Circ. Rejects Amazon's Bid To Claw Back Antitrust Docs

    A Ninth Circuit panel has summarily refused to reverse a Washington federal court ruling that rejected Amazon's bid to claw back documents inadvertently produced in a trio of proposed antitrust class actions.

  • June 26, 2025

    Pa. Panel Says Fla. Law Applies In Fatal Plane Crash Suit

    A Pennsylvania appeals court has found that Florida strict liability law applies in a suit alleging a defective engine led to a plane crash that killed two people, saying the Sunshine State has more ties and a bigger interest in the case than Pennsylvania.

  • June 26, 2025

    Trump 2.0's First Group Of Judicial Noms Goes To Full Senate

    The first batch of judicial nominations from President Donald Trump's second term were sent to the Senate floor on Thursday, as they were voted out of committee along party lines.

  • June 26, 2025

    Fed. Circ. Pushed To Rethink Part Of Samsung Win In IP Row

    The owner of a patent on stylus detection technology wants the Federal Circuit to rethink part of a May panel decision handing Samsung a win in a challenge to the patent, saying the court should instead affirm part of a Patent Trial and Appeal Board in its favor.

  • June 26, 2025

    Court Allows NASCAR To Subpoena Nonparty Financial Docs

    A North Carolina federal judge will allow NASCAR to subpoena the financial records of 12 chartered racing teams to defend itself in a lawsuit that accuses the organization of antitrust violations, but left safeguards in place.

  • June 26, 2025

    4th Circ. Clears Cab Guard Seller In Trucker's Death Suit

    The Fourth Circuit won't revive a suit by the brother of a deceased truck driver alleging a cab guard intended to protect the truck's driver from its cargo failed, leading to his death, finding there is only speculative evidence that the defendant distributor ever had or sold the guard in question.

  • June 26, 2025

    Justices Expand Reach Of First Step Act In Resentencings

    The U.S. Supreme Court ruled Thursday that defendants can benefit from lighter sentences under the First Step Act if they were sentenced prior to the 2018 criminal justice reform law but later resentenced after their original sentences were tossed.

  • June 26, 2025

    Justices Say DHS Orders Final In Withholding-Removal Cases

    The U.S. Supreme Court held Thursday that the 30-day statutory deadline for challenging deportation orders in withholding of removal cases starts when the U.S. Department of Homeland Security issues a final administrative review order, not when Board of Immigration Appeals proceedings conclude.

  • June 26, 2025

    Justices Allow Texas Death Row Inmate's DNA Suit

    The U.S. Supreme Court on Thursday said a Texas death row inmate can sue state officials in federal court to try to obtain post-conviction DNA testing, a decision that could open the door to broader challenges to how Texas provides access to forensic evidence after conviction.

  • June 26, 2025

    Justices Say SC Medicaid Patient Can't Sue To Pick Provider

    The U.S. Supreme Court on Thursday ruled that a patient can't challenge South Carolina's decision to kick Planned Parenthood from the state Medicaid program because it includes abortions among its services.

  • June 25, 2025

    TCPA Litigants Brace For 'Seismic Shift' After Deference Blow

    The U.S. Supreme Court's backing of broad judicial review for the crush of regulatory orders interpreting the Telephone Consumer Protection Act is poised to turn the litigation landscape on its head, as key statutory determinations that have long been viewed as settled matters are suddenly ripe for scrutiny. 

Expert Analysis

  • An Update On IPR Issue Preclusion In District Court Litigation

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    Two recent Federal Circuit rulings have resolved a district court split regarding issue preclusion based on Patent Trial and Appeal Board outcomes, potentially counseling petitioners in favor of challenging not only all the claims of an asserted patent, but also related patents that have not yet been raised in district court, say attorneys at Alston & Bird.

  • Series

    Adapting To Private Practice: From DOJ Leadership To BigLaw

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    The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.

  • Fed. Circ. Ruling Reaffirms Listing Elements Separately Is Key

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    The Federal Circuit's decision last month in Regeneron v. Mylan reaffirms a critical principle in patent law: When a claim lists elements separately, the clear implication is that they are distinct elements, say attorneys at Taft.

  • Nev. Fraud Ruling Raises Stakes For Proxy Battles

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    Though a Nevada federal court’s recent U.S. v. Boruchowitz decision involved unusual facts, the court's ruling that board members can be defrauded of their seat through misrepresentations increases fraud risks in more typical circumstances involving board elections, especially proxy fights, say attorneys at ArentFox Schiff.

  • Law Firm Executive Orders Create A Legal Ethics Minefield

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    Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.

  • 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.

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