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Appellate
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July 01, 2024
Fed. Circ. Won't Hold Off VLSI Appeal For Lynk-Samsung Case
The Federal Circuit on Monday denied a stay request from VLSI Technology LLC, where the chip patent owner had argued that related litigation between Lynk Labs and Samsung could affect the outcome of its appeal.
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July 01, 2024
JPMorgan Can't Collect Atty Fees, Oil Company Says
An oil and gas company says JPMorgan Chase Bank is not entitled to attorney fees because the company did not assert any violations of the trust code, asking the Texas Supreme Court to overturn an appeals court decision to award about $2.4 million to the bank.
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July 01, 2024
NC Doctor Takes Abortion Drug Limits Fight To 4th Circ.
A North Carolina doctor who challenged the state's restrictions on abortion drug mifepristone asked the Fourth Circuit to review a district court's decision to allow certain limits to stand.
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July 01, 2024
Texas Agency Urges Top Court To End Court Reporter's Suit
The administrative agency tasked with oversight of court stenography in Texas asked the state's Supreme Court on Friday to shut down a court reporter's push to force it to investigate a digital transcription company, arguing that the agency doesn't have jurisdiction.
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July 01, 2024
2nd Circ. Throws Out Disbarred Ex-BigLaw Atty's RICO Suit
Former BigLaw associate Anthony Zappin is now 0-for-16 in the flurry of lawsuits he filed after a 2015 divorce sanctions ruling led to him being fired, disbarred and routinely mocked in the New York City tabloids, after the Second Circuit on Monday upheld the dismissal of a racketeering case against three foes he blames for his predicament.
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July 01, 2024
CFTC Opponent Says No Chevron, No Election Betting Ban
Online trading platform operator KalshiEx told a D.C. federal court that Friday's U.S. Supreme Court ruling shutting down Chevron deference is the end of the road for the U.S. Commodity Futures Trading Commission's attempts to ban election gambling on derivatives trading platforms.
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July 01, 2024
8th Circ. Reverses Sanctions On Ark. Firm Over Fee Award
The Eighth Circuit has reversed a district court's sanction barring a law firm from participating in Fair Labor Standards Act lawsuits in the Eastern District of Arkansas over reported violations of the rules of civil procedure.
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July 01, 2024
Social Media Laws Need More Analysis, Justices Say
The U.S. Supreme Court on Monday returned to the lower courts challenges to Florida and Texas laws prohibiting social media platforms from removing content or users based on viewpoint, saying that the Fifth and Eleventh circuits did not conduct the proper analysis on the facial First Amendment challenges to the laws.
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July 01, 2024
Supreme Court Gives Trump Immunity For Official Acts
Former presidents are entitled to absolute immunity from prosecution related to an indefinite list of official acts, the U.S. Supreme Court ruled Monday, partially releasing Donald Trump from liability for allegedly interfering with the 2020 presidential election, but ultimately tasking lower courts with sussing out the full extent of his immunity.
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July 01, 2024
Supreme Court Widens Window To Challenge Federal Regs
Legal challenges to federal regulations can be brought outside the normal statute of limitations if someone isn't adversely affected until after the six-year window of time to file suit, the U.S. Supreme Court ruled Monday.
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June 28, 2024
Chevron's End Is Just The Start For Energized Agency Foes
By knocking down a powerful precedent that has towered over administrative law for 40 years, the U.S. Supreme Court's right wing Friday gave a crowning achievement to anti-agency attorneys. But for those attorneys, the achievement is merely a means to an end, and experts expect a litigation blitzkrieg to materialize quickly in the aftermath.
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June 28, 2024
Paxton 5th Circ. Doc. Signals 'Unprecedented' Move By AG
The recent publication of a Fifth Circuit opinion indicating that federal agencies are moving forward with a corruption investigation against Texas Attorney General Ken Paxton, while not unusual, suggests an "unprecedented" attempt from the state's chief legal officer to block witnesses from having to give grand jury testimony, experts told Law360.
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June 28, 2024
Will 'Moral Victory' In Purdue Ruling Help Plaintiffs?
The U.S. Supreme Court's decision that the Sackler family members who own Purdue Pharma LP cannot be shielded by the bankruptcy code from lawsuits over the opioid crisis reflects the widespread public outrage over their role in the epidemic, but experts say it remains unclear what will happen next for the individuals and governments that have sued the company.
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June 28, 2024
Quinn Slammed By Columbia For Its 'Continuing Audacity'
Columbia University shot back Friday against arguments from Quinn Emanuel Urquhart & Sullivan LLP that Federal Circuit judges should disregard arguments made by the firm's former client, who says the firm lied to a federal court in Virginia to avoid damaging testimony in a $600 million patent case.
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June 28, 2024
Split SCOTX Revives Judge's Same-Sex Wedding Challenge
A split Texas Supreme Court revived a judge's lawsuit against the state judicial ethics commission over sanctions for her refusal to officiate same-sex marriages, with the majority finding the judge's claims are not barred because she did not go through the administrative process.
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June 28, 2024
Texas Justices Back Ban On Gender Affirming Care For Minors
The Texas Supreme Court upheld a state ban on medical treatments that affirm the gender identity of transgender youths, saying Friday that the legislature "made a permissible, rational policy choice," though a dissenting justice said the court allowed the state "to legislate away fundamental parental rights."
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June 28, 2024
Stock Clearing Orgs Slam Firm's 'Bizarre' Constitutional Attack
Two of the nation's largest securities clearing agencies are fighting an attempt to declare their in-house disciplinary procedures unconstitutional, telling the Tenth Circuit that brokerage firm Alpine Securities Corp.'s attack on the private entities is unprecedented and threatens the stability of the capital markets.
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June 28, 2024
Custodia Bank Asks 10th Circ. For Fed Master Account Win
Crypto-focused Custodia Bank has argued in an opening brief before the Tenth Circuit that it is entitled to a Federal Reserve master account and should be given approval to open one, kicking off its appeal of a Wyoming federal judge's decision that said otherwise.
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June 28, 2024
In Chevron Case, Justices Trade One Unknown For Another
The U.S. Supreme Court's decision to overrule a decades-old judicial deference doctrine may cause the "eternal fog of uncertainty" surrounding federal agency actions to dissipate and level the playing field in challenges of government policies, but lawyers warn it raises new questions over what rules courts must follow and how judges will implement them.
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June 28, 2024
Chevron's End May Put Target On ITC And Patent Office Policy
The U.S. Supreme Court's decision Friday striking down precedent that gave deference to the legal interpretations of government agencies could spur new attacks on patent office rules and decisions governing U.S. International Trade Commission patent disputes, attorneys said.
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June 28, 2024
Justices' SEC Ruling Unlikely To Bear On Immigration Actions
The U.S. Supreme Court's decision reining in the U.S. Securities and Exchange Commission's use of administrative courts is unlikely to help Walmart and SpaceX escape proceedings for alleged immigration-related violations, with the justices punting on the authority of administrative law judges.
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June 28, 2024
Split 9th Circ. Revives Part Of Sprout Baby Food Label Suit
A California couple suing Sprout Foods over nutrient statements on its baby food pouches can pursue a Golden State law claim but not fraud-based claims, a split Ninth Circuit panel ruled Friday, saying federal law doesn't preempt the state's labeling standards, but the parents haven't shown the products were misleading.
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June 28, 2024
Conn. Court Shouldn't Hear Anti-Dispensary Appeal, City Says
A Connecticut appeals court should not hear a case brought by an anti-cannabis organization in Stamford that is trying to undo a court-approved settlement that allowed for the opening of a dispensary, the city's Zoning Board has argued.
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June 28, 2024
FCC Subsidy Opponents File New 5th Circ. Challenge
A free-market group and others seeking to overturn the Federal Communications Commission's telecom subsidy system has again filed suit in the Fifth Circuit to oppose the industry fees that fund the programs.
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June 28, 2024
Shkreli Asks High Court To Toss $64M Disgorgement Order
Former pharmaceutical executive Martin Shkreli, who gained notoriety for hiking the price of HIV/AIDS medication before serving more than four years in prison for securities fraud, is asking the U.S. Supreme Court to toss a disgorgement order requiring him to pay $64 million for monopolistic price-gouging.
Expert Analysis
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How 3 Unfolding Cases Could Affect The Energy Industry
Three judicial decisions now in the pipeline — Texas' challenge to the U.S. Environmental Protection Agency's methane regulations, Delaware's climate suit against big energy companies, and a case before the Supreme Court of Texas on royalty lease interpretation — could have important implications for the energy industry, say Michelle Scheffler and Rachael Cox at Skadden.
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Conn. Bankruptcy Ruling Furthers Limitation Extension Split
A recent Connecticut bankruptcy court decision further solidifies a split of authority on whether Bankruptcy Rule 9006(b) may be used to extend the limitations period, meaning practitioners seeking to extend should serve the motion on all applicable parties and, where possible, rely on the doctrine of equitable tolling, says Shane Ramsey at Nelson Mullins.
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How Purdue Pharma High Court Case May Change Bankruptcy
The U.S. Supreme Court’s upcoming ruling in Purdue Pharma may be the death of most third-party releases in Chapter 11 cases, and depending on the decision’s breadth, could have much more far-reaching effects on the entire bankruptcy system, say Brian Shaw and David Doyle at Cozen O'Connor.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Fears About The End Of Chevron Deference Are Overblown
While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.
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What A Post-Chevron Landscape Could Mean For Labor Law
With the U.S. Supreme Court’s ruling on Chevron deference expected by the end of June, it’s not too soon to consider how National Labor Relations Act interpretations could be affected if federal courts no longer defer to administrative agencies’ statutory interpretation and regulatory actions, say attorneys at Morgan Lewis.
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Perspectives
Context Is Everything In Justices' Sentencing Relief Decision
In the U.S. Supreme Court’s recent Pulsifer v. U.S. decision, limiting the number of drug offenders eligible for sentencing relief, the majority and dissent adopted very different contextual frames for interpreting the meaning of “and” — with the practical impact being that thousands more defendants will be subject to severe mandatory minimums, says Douglas Berman at Moritz College of Law.
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Opinion
The SEC Is Engaging In Regulation By Destruction
The U.S. Securities and Exchange Commission's recent use of regulation by enforcement against digital assets indicates it's more interested in causing harm to crypto companies than providing guidance to the markets or protecting investors, says J.W. Verret at George Mason University.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Studying NY, NJ Case Law On Employee Social Media Rights
While a New Jersey state appeals court has twice determined that an employee's termination by a private employer for social media posts is not prohibited, New York has yet to take a stand on the issue — so employers' decisions on such matters still need to be assessed on a case-by-case basis, say Julie Levinson Werner and Jessica Kriegsfeld at Lowenstein Sandler.
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A 5th Circ. Lesson On Preserving Indemnification Rights
The Fifth Circuit's recent decision in Raymond James & Associates v. Jalbert offers an important lesson for creditors and parties to indemnification agreements: If a debtor has indemnified a creditor, the creditor should consider participating in the bankruptcy case to avoid being deemed to have forfeited its indemnification rights, say Dania Slim and Alana Lyman at Pillsbury.
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ShapeShift Fine Epitomizes SEC's Crypto Policy, And Its Flaws
A recent U.S. Securities and Exchange Commission order imposing a fine on former cryptocurrency exchange ShapeShift for failing to register as a securities dealer showcases the SEC's regulation-by-enforcement approach, but the dissent by two commissioners raises valid concerns that the agency's embrace of ambiguity over clarity risks hampering the growth of the crypto economy, says Keith Blackman at Bracewell.
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2nd Circ. Adviser Liability Ruling May Shape SEC Enforcement
The Second Circuit’s recent decision in U.S. Securities and Exchange Commission v. Rashid, applying basic negligence principles to reverse a finding of investment adviser liability, provides a road map for future fraud enforcement proceedings, says Elisha Kobre at Bradley Arant.
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In Bribery Case, High Court's Past Is Probably Prologue
The U.S. Supreme Court will soon hear oral arguments in Snyder v. U.S. on the issue of whether federal law criminalizes gratuities that are not tied to an explicit quid pro quo, and precedent strongly indicates the court will limit an expansive reading of the bribery statute, say attorneys Sami Azhari and Don Davidson.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.