Appellate

  • May 13, 2026

    Texas Atty Must Pay $5M For Groping Opposing Counsel

    A Texas state appellate court on Wednesday refused to disturb a $5 million jury verdict against a San Antonio lawyer for grabbing the buttocks of opposing counsel at the courthouse where they were arguing a family law proceeding in 2019.

  • May 13, 2026

    6th Circ. Says Kentucky Judicial Hopefuls May Tout Ideology

    Kentucky judicial hopefuls are cleared to discuss their political leanings on the campaign trail, according to a precedential ruling by the Sixth Circuit, which permanently enjoined the state's Judicial Conduct Commission from pursuing an enforcement action against two candidates who described themselves as "conservatives" and "Republicans" amid the 2022 election season.

  • May 13, 2026

    Murdaugh Murder Conviction Overturned By SC High Court

    The South Carolina Supreme Court on Wednesday overturned a double murder conviction and ordered a new trial for disgraced attorney Alex Murdaugh, finding the jury in his first trial was biased by a clerk of court who allegedly sought a guilty verdict in a ploy to juice sales of her book about the trial.

  • May 13, 2026

    3rd Circ. Pauses Order For Del. To Share Wage Data With DHS

    Third Circuit judges gave the Delaware Department of Labor a brief reprieve from a district court order directing it to comply with a U.S. Department of Homeland Security subpoena requesting business wage reports for an immigration enforcement investigation.

  • May 12, 2026

    Seeger Weiss, Motley Rice Want $675M In Bayer Deal Fees

    Plaintiffs attorneys with Seeger Weiss LLP, Motley Rice LLC, Ketchmark & McCreight PC, Holland Law Firm, Williams Hart Boundas LLP and Waters Kraus Paul & Siegel have asked for a fee award of $675 million for their work on the $7.25 billion Roundup settlement with Bayer AG, according to a petition.

  • May 12, 2026

    Brokerage Urges 10th Circ. To Revive NAR Antitrust Challenge

    Certain rules created by the National Association of Realtors should be considered conspiracy under the Sherman Antitrust Act because they encourage real estate agents to avoid showing listings with low commissions to potential buyers, a Utah-based real estate firm argued to a Tenth Circuit panel Tuesday.

  • May 12, 2026

    7th Circ. Judges Question NLRB's Union Reinstatement Bid

    Seventh Circuit judges weighing the National Labor Relations Board's bid for an injunction requiring a truck seller to recognize a union it has twice rebuked seemed skeptical Tuesday that the company's employees face irreparable harm without it.

  • May 12, 2026

    Conn. Justices Order New Look At $17M Rate Dispute

    The Connecticut Supreme Court on Tuesday revived a lawsuit by Eversource Energy against the Public Utilities Regulatory Authority over $17 million in infrastructure improvements, saying the parties must resolve ambiguities in the settlement agreement before proceeding.

  • May 12, 2026

    DC Circ. Asks Why Gov't Used 'Toxic' Detail In Crypto Trial

    The D.C. Circuit didn't seem sure which way to come down Tuesday morning on the various arguments put forth by the convicted operator of the Bitcoin Fog crypto mixer in an attempt to overturn his conviction.

  • May 12, 2026

    NJ Justices Revive Expert Testimony In Vehicular Death Case

    The New Jersey Supreme Court held Tuesday that a man accused of killing a 94-year-old woman in a crash may present expert testimony challenging whether her death was caused by his alleged recklessness, finding in a reversal that a pretrial evidentiary hearing wasn't needed.

  • May 12, 2026

    NJ Court Not Sure Bristol-Myers Investor Pled Negligence

    A New Jersey appellate panel on Tuesday pushed back on an investor's insistence that his complaint over Bristol-Myers Squibb's $74 billion acquisition of Celgene satisfied pleading standards for securities lawsuits, echoing a trial court judge's concern that claims of disclosure requirement shortfalls sounded more in fraud than negligence.

  • May 12, 2026

    Copyright Chief Says Cox Ruling Merits Congressional Action

    The leader of the U.S. Copyright Office, Shira Perlmutter, told senators Tuesday they may need to respond to the U.S. Supreme Court's March decision that narrowed contributory liability for internet service providers, saying the ruling "left a bit of a hole in the law."

  • May 12, 2026

    Colo. Justices Weigh Discovery Rights In Condemnation Suit

    The Colorado Supreme Court seemed poised Tuesday to send back to a lower court a landowner's challenge of a quasimunicipal corporation's use of eminent domain, appearing to agree with the landowner that the trial court had discretion to grant discovery.

  • May 12, 2026

    Mass. AG OKs Auditor Lawsuit, Ending Constitutional Spat

    The Massachusetts attorney general said on Tuesday she will allow litigation to proceed over whether the state legislature can be audited and will appoint special counsel to represent the state auditor, ending a high-profile showdown between two high-ranking elected officials.

  • May 12, 2026

    4th Circ. Allows $3.6M Seizure In IPhone Trafficking Case

    The Fourth Circuit ruled Tuesday that federal prosecutors can seize over $3.6 million in assets from a North Carolina man who was convicted on multiple counts of selling illegally obtained iPhones and other electronics to buyers overseas.

  • May 12, 2026

    AliveCor Wants Apple Health Monitor Patent Claims Tossed

    A medical software company has told a California federal court that claims in a pair of health monitoring patents Apple has accused it of infringing are actually invalid, saying they only cover abstract ideas without a technological innovation to save them.

  • May 12, 2026

    7th Circ. Urged To Revive Hartford $4M Wire Fraud Fight

    An Illinois agency that administers financially distressed insurers' estates Tuesday urged the Seventh Circuit to revive its lawsuit seeking insurance coverage for a cyberattack during which its financial chief provided confidential login information to hackers, who used his email account to instruct employees to wire them nearly $7 million.

  • May 12, 2026

    Feds Tell 9th Circ. They Have Last Word On Pipeline Restart

    A federal pipeline regulator told the Ninth Circuit on Monday it reasonably asserted jurisdiction over an oil pipeline system near Santa Barbara, California, and approved a Texas company's restart plan, saying challenges brought by California and environmental groups are unfounded.

  • May 12, 2026

    9th Circ. Orders New Tax Fraud Trial Over Juror's Racial Bias

    An Idaho federal court wrongly denied a man of Mexican descent a new trial after discovering a juror had made racially biased comments about people of Mexican ethnicity during deliberations on whether to convict him of preparing false tax returns, a split Ninth Circuit panel said Tuesday.

  • May 12, 2026

    Mich. Panel Backs Contempt Orders Against Disbarred Atty

    A disbarred northern Michigan attorney accused of mishandling trust funds properly faced contempt sanctions for abruptly leaving a Zoom hearing and failing to comply with orders to transfer money and provide accounting, a Michigan appellate panel ruled, even as it found the trial judge later violated her Fifth Amendment rights during questioning. 

  • May 12, 2026

    5th Circ. Judge Hints PWFA Fight May Be Headed For Justices

    The full Fifth Circuit grappled Tuesday with whether lawmakers had to be physically present to have validly enacted the Pregnant Workers Fairness Act, in a case one judge said will head to the U.S. Supreme Court if a lower court ruling barring PWFA enforcement against Texas stands.

  • May 12, 2026

    DC Circ. Doubts Cleaner's Process Complaints In NLRB Fight

    The D.C. Circuit appeared skeptical Tuesday that the National Labor Relations Board unfairly refused to admit certain evidence in a picketing dispute as it probed a cleaning contractor's attempt to escape a redone ruling that it punished workers over a protected protest more than a decade ago.

  • May 12, 2026

    Fed. Circ. Vacates Order Making Army Corps Award Contract

    A Federal Circuit panel vacated an injunction on Tuesday requiring the U.S. Army Corps of Engineers to award Anders Construction a $5 million diving services contract, saying the agency properly found that the company's proposal was technically unacceptable.

  • May 12, 2026

    Ex-FCA Exec Must Answer GM Discovery In UAW Bribery Suit

    Former Fiat Chrysler labor executive Alphons Iacobelli, who was convicted for his role in a union bribery scheme, must answer hundreds of deposition questions in General Motors' sprawling civil suit, a Michigan appellate panel ruled.

  • May 12, 2026

    DOE Accused Of Stretching Emergency Power For Pa. Plant

    A group of consumer and environmental advocates has told the D.C. Circuit that the U.S. Department of Energy illegally substituted long-term electricity planning reserved for states with its own emergency authority to keep open a Pennsylvania power plant.

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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