Appellate

  • July 02, 2026

    Fed Nears CRA Rule Repeal As FDIC, OCC Exit 5th Circ. Fight

    Federal regulators plan to take different legal approaches to completing their previously joint effort to unwind Biden-era updates to decades-old community reinvestment rules for banks, according to two filings at the Fifth Circuit.

  • July 02, 2026

    Amgen, Sanofi Team Up To Urge En Banc Antibody IP Review

    Rival pharmaceutical companies that squared off at the U.S. Supreme Court over antibody patents have jointly asked the full Federal Circuit to review an unrelated panel decision reviving migraine drug antibody patents.

  • July 02, 2026

    6th Circ. Won't Rethink NLRB Injunction Standard Shift

    The Sixth Circuit is standing by its decision to make it more difficult for National Labor Relations Board officials to win injunctions compelling employers to bargain, rejecting on Thursday an agency official's petition for a rehearing.

  • July 02, 2026

    4th Circ. Says Fired CIA Officers Must Be Allowed To Appeal

    A split Fourth Circuit panel on Thursday affirmed an order requiring the CIA and Office of the Director of National Intelligence to allow intelligence officers who were fired for their involvement with DEI and accessibility-related assignments to appeal their terminations. 

  • July 02, 2026

    Crypto Developer Urges 5th Circ. To Revive DOJ Challenge

    A cryptocurrency software developer is urging the Fifth Circuit to revive a suit seeking to shield his forthcoming project from any accusations of unlicensed money transmission, telling the appeals court that a Texas federal judge "overly discounted" similar prosecutions when it tossed his challenge for lack of standing.

  • July 02, 2026

    8th Circ. Revives Local Conversion Therapy Ban Challenge

    The Eighth Circuit revived a case Thursday challenging local ordinances passed in Kansas City and Jackson County, Missouri, that prohibited the practice of conversion therapy, as it is commonly known, with minors.

  • July 02, 2026

    7th Circ. Says Immigration Addendums Make Its Job Harder

    The Seventh Circuit criticized a practice by immigration judges in which they attach boilerplate legal citations instead of citing them in the decisions themselves, saying it makes appellate review more difficult, but declined to reject the practice.

  • July 02, 2026

    DC Circ. Told FCC Trying To 'Evade' News Distortion Scrutiny

    A media advocacy group Thursday again pushed its bid to convince the D.C. Circuit to force the Federal Communications Commission to revisit the agency's controversial news distortion policy.

  • July 02, 2026

    Pa. Justices To Hear Jarkesy-Like Appeal Of Securities Fine

    The Pennsylvania Supreme Court has agreed to hear a case challenging the constitutionality of the state's in-house securities enforcement proceedings, joining at least two other state supreme courts that have agreed to hear similar challenges since the U.S. Supreme Court handed down its Jarkesy decision that limited in-house enforcement at the U.S. Securities and Exchange Commission. 

  • July 02, 2026

    Streamer's Reaction Video Is Fair Use, Judge Finds

    A Central California federal judge has tossed a YouTube creator's copyright suit over a Twitch streamer's livestreamed reaction to a YouTube documentary, saying the commentary counted as fair use.

  • July 02, 2026

    Cox, Hikma Rulings Set Stage For Trademark Liability Fights

    After the U.S. Supreme Court narrowed paths to secondary liability in copyright and patent cases this term, trademark law stands apart with an older, potentially broader rule for when intermediaries can be held liable for another party's infringement.

  • July 02, 2026

    Fed. Circ. Rules Contractor's Eligibility Challenge Is Moot

    A Federal Circuit panel ruled Thursday that a contractor's challenge to the U.S. State Department's determination that it wasn't eligible to compete for an award to construct a new consulate in Turkey is moot, since the project was canceled.  

  • July 02, 2026

    Amicus Briefs Split On 9th Circ. Copyright Test In Tattoo Case

    Music labels, writers, photographers and copyright scholars are urging the Ninth Circuit to use the en banc rehearing in Kat Von D's Miles Davis tattoo fight to rework its substantial similarity test, though their amicus briefs are split over whether the court should discard the test entirely or refine it.

  • July 02, 2026

    Fla. High Court Slaps Fake Immigration Atty With Probation

    The Florida Supreme Court on Thursday issued a split opinion handing down a five-month term of probation and a suspended jail sentence to a Miami woman for practicing as an unlicensed immigration attorney after she admitted violating previous orders prohibiting her from the same conduct. 

  • July 02, 2026

    Fed. Circ. Wants More Analysis In Amazon Transcribing IP Suit

    The Federal Circuit on Thursday said a lower court needed to revisit a claim construction issue in an infringement case against Amazon over audio transcription patents, saying the question of whether the relevant claims were in the means-plus-function format needs a more thorough analysis.

  • July 02, 2026

    Ga. Court Revives Electrocution Suit Against Engineering Firm

    A Georgia appeals court on Thursday revived a lineman's electrocution injury suit against Burns & McDonnell Engineering Co., finding the engineering firm owed him a duty of care over its role coordinating power outage planning at a Georgia Power substation.

  • July 02, 2026

    Fed. Circ. Won't Restore Doctor's Intubation Patent Suit

    The Federal Circuit on Thursday declined to give a doctor another chance to pursue a suit against medical supplies company Teleflex Medical Inc. alleging infringement of a patent covering a laryngoscope used to intubate a patient, affirming the claim construction of a lower court.

  • July 02, 2026

    NJ Top Court Snapshot: Indemnity Provisions, Truth Defense

    Three of the most recent cases to head to the New Jersey Supreme Court will address the admission of evidence in criminal proceedings and civil issues including indemnification.

  • July 02, 2026

    Sinclair Convinces Ga. Panel To Sink Doctor's Defamation Suit

    A Georgia appellate panel sided with media conglomerate Sinclair Broadcast Group and a nurse who was interviewed about alleged forced sterilizations of U.S. Immigration and Customs Enforcement detainees, saying a trial court erred by letting a doctor's defamation suit proceed.  

  • July 02, 2026

    Paralegals Take NC Legal Advice Law Challenge To 4th Circ.

    Two paralegals and a nonprofit have asked the Fourth Circuit to revive their challenge to a North Carolina law that blocks nonlawyers from providing legal advice.

  • July 02, 2026

    Intel Asks Justices To Affirm 9th Circ. End To 401(k) Fund Suit

    Intel urged the U.S. Supreme Court on Thursday to back the Ninth Circuit's end to a proposed class action from 401(k) participants who challenged the technology company's retirement plan investment offerings, arguing the appellate court properly backed dismissal of their case because the pleadings lacked sufficient comparisons.

  • July 02, 2026

    'Embarrassed' Conn. Atty Details ChatGPT Briefing Errors

    With a sanctions hearing on the horizon, a Connecticut attorney has told the state's highest court he is "extremely embarrassed" by artificial intelligence errors in briefs filed in two recently decided cases, explaining he used ChatGPT to edit his research without knowing it could make "unprompted changes to the content."

  • July 02, 2026

    Fed. Circ. Agrees Alice Ends Website Creation Patent Suit

    The Federal Circuit on Thursday refused to revive a lawsuit accusing marketing software company HighLevel Inc. of infringing a pair of website-generation patents, agreeing with a Delaware federal court's finding that the claims at issue in the patents were invalid.

  • July 02, 2026

    Immigration Board Ties Bond Hearings To Detention Venue

    The Board of Immigration Appeals has overturned an immigration judge's decision to release a detained man facing removal from the U.S., saying his bond hearing did not take place in the jurisdiction where he was being held in immigration detention.

  • July 02, 2026

    2nd Circ. Denies Tether, Bitfinex Bid For Class Cert. Appeal

    The Second Circuit has declined a request from digital asset companies Tether and Bitfinex to immediately review a New York federal judge's decision to grant class certification to plaintiffs accusing the companies of rigging the cryptocurrency market and costing investors hundreds of billions of dollars.

Expert Analysis

  • Opinion

    5th Circ.'s Abortion Pill Order Is Shaky On Multiple Grounds

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    The Fifth Circuit's recent order in Louisiana v. U.S. Food and Drug Administration, reinstating an in-person dispensing requirement for the abortion medication mifepristone, seems to turn federalism upside-down, and is also questionable for several other reasons, says Gregory Curtner at Curtner Law.

  • Series

    The Biz Court Digest: Georgia Court Has Business On Its Mind

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    Thanks to recent legislation, the Georgia State-wide Business Court will soon offer business litigants greater access to the court than ever before, further enhancing the court's emphasis on efficiency, predictability and accessibility for sophisticated commercial disputes, says former GSBC judge Walt Davis at Jones Day.

  • 5 Takeaways From Justices' Subpoena Fight Ruling

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    The U.S. Supreme Court's recent decision in First Choice v. Davenport fortifies a line of First Amendment associational privacy cases stretching back nearly 70 years, and ensures that organizations subject to government demands for donor information have a meaningful federal forum in which to defend their constitutional rights, say attorneys at DLA Piper.

  • Where The Preemption Fight Over Prediction Markets Stands

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    While the Third Circuit's recent ruling in Kalshi v. Flaherty remains a significant win for the federal government in its quest to regulate prediction markets, the Fourth, Sixth and Ninth Circuits appear more skeptical, indicating that this fight is likely headed for the Supreme Court, says Johnny ElHachem at Holland & Knight.

  • Md. Justices' State Climate Tort Ban May Shape National Path

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    The Maryland Supreme Court’s recent ruling that federal law preempted state-level deceptive marketing tort claims brought by several municipalities could offer the U.S. Supreme Court a road map to use in the pending Suncor Energy v. Boulder County case to exclude states from the business of regulating global emissions, say attorneys at ArentFox Schiff.

  • 4 Emerging Approaches To AI Protective Order Language

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    Over the last year, at least five federal district courts have issued or analyzed specific protective order provisions restricting the use of generative artificial intelligence platforms with protected materials, establishing that proactive AI-specific provisions are now standard practice and demonstrating that no single model works for every case, says Joel Bush at Kilpatrick.

  • What Justices Are Focusing On In 'Skinny Label' Patent Case

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    Though Hikma v. Amarin appears to be a patent dispute that could reshape inducement doctrine in the pharmaceutical context, oral argument suggests the U.S. Supreme Court may treat this as primarily a pleading-stage dispute, with important unresolved questions lurking beneath the surface, says Shashank Upadhye at Upadhye Tang.

  • Employer Tips After 4th Circ. Rejects Trimmed Suit Deadlines

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    The Fourth Circuit's recent holding in Thomas v. EOTech that employers cannot use contractual provisions to shorten statutory filing periods for Title VII or Age Discrimination in Employment Act claims offers a warning for employers to review any such documents and reassess their litigation risk, say attorneys at Ogletree.

  • Binance Win Shows Constraints On Anti-Terrorism Act Claims

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    The Southern District of New York's recent ruling in Troell v. Binance illustrates that the Second Circuit's earlier decision in Ashley v. Deutsche Bank is holding weight with courts, and companies facing aiding and abetting risk should thus monitor evolving case law and assess exposure based on nexus allegations, say attorneys at Freshfields.

  • Understanding The Insider Trading Gap In Prediction Markets

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    While the first-ever insider trading indictment involving a prediction market — the recent prosecution of a service member involved in the capture of Nicolás Maduro — comprised extreme facts and straightforward legal theories, future cases will test the bounds of insider trading law, say attorneys at Baker McKenzie.

  • Heppner Ruling Left AI Privilege Risk For Lawyers Unresolved

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    While a New York federal judge’s recent ruling in U.S. v. Heppner resolved a privilege question surrounding client-side artificial intelligence use, it did not address how to mitigate the risks that can arise when confidential information enters the operative context of an AI system used by an attorney, says Jianfei Chen at Quarles & Brady​​​​​​​.

  • How 10 Years Of Case Law Have Shaped The DTSA

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    As the Defend Trade Secrets Act reaches its 10th anniversary, attorneys at Ropes & Gray examine recent DTSA case law and highlight key takeaways regarding pleading requirements, damages and risk factors.

  • The Ethics And Practicalities Of Representing AI Agents

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    With autonomous artificial intelligence agents now able to take action without explicit instructions from — or the awareness of — their human owners, the bar must confront whether existing frameworks like informed consent and client privilege will be sufficient on the day an AI agent calls seeking counsel, say attorneys at Morrison Cohen.

  • Notable Q1 Updates In Insurance Class Actions

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    Notable insurance class action decisions from the first quarter of the year included reminders about the statute of limitations as a key defense for claims relating to allegedly deficient forms, the importance of focus on the specific contract at issue and further guidance on the contours of Rule 23, says Kevin Zimmerman at BakerHostetler.

  • 9th Circ.'s Silence Prolongs Uncertainty On Cemex Framework

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    By affirming a bargaining order in Cemex Construction Materials v. National Labor Relations Board without opining on the NLRB’s 2023 expansion of its authority to issue such orders, the Ninth Circuit avoided direct conflict with the Sixth Circuit’s rejection of the same framework, prolonging uncertainty for employers facing union elections, say attorneys at Dinsmore & Shohl.

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