Appellate

  • April 08, 2025

    Pacira Reaches IP Deal Allowing Generic Painkiller In 2030

    Pacira BioSciences has agreed to settle a series of patent infringement lawsuits against Fresenius Kabi and other pharmaceutical companies over Pacira's drug Exparel, a long-acting injectable for managing postsurgical pain.

  • April 08, 2025

    9th Circ. Wary Of Judge Becoming 'King' Of Veteran Housing

    The Ninth Circuit appeared skeptical Tuesday of a California federal court's decision to establish control over a U.S. Department of Veterans Affairs facility due to inadequate homelessness measures, with one panel member expressing concern the district judge gave himself the overbroad powers of a "king."

  • April 08, 2025

    Tribal Leaders Not Immune From Extortion Law, Justices Told

    The government is urging the U.S. Supreme Court to reject claims by the former head of a Native American tribe who says the federal law against extortion does not apply to him or other tribal leaders.

  • April 08, 2025

    3M Tells 2nd Circ. Conn. PFAS Suit Belongs In Federal Court

    3M Co. on Monday told the Second Circuit that Connecticut's lawsuit accusing the company of polluting the environment with forever chemicals contained in its consumer products belongs in federal court.

  • April 08, 2025

    2nd Circ. Sinks Marital Bias Suit From Wendy Williams' Ex

    The Second Circuit reversed a win Tuesday for the ex-husband of television personality Wendy Williams in his suit claiming he lost his producer gig after Williams asked him for a divorce, issuing a ruling that clarified the scope of New York City's marital bias law.

  • April 08, 2025

    Tax-Dodging Ex-Software Exec Denied Bond Pending Appeal

    A former software executive sentenced to a year in prison for failing to pay over $600,000 in employment taxes in the years before his company failed cannot remain free on bond while he appeals his conviction, a North Carolina federal judge said Tuesday.

  • April 08, 2025

    Photographer Tells 9th Circ. Kat Von D Tattoo Is Not Fair Use

    A photographer has urged the Ninth Circuit to reverse a jury verdict that found celebrity tattoo artist Kat Von D did not infringe a Miles Davis picture that was the basis for a tattoo she drew, saying her company admitted that it was "100%" the same as the photograph.

  • April 08, 2025

    Drew Eckl Takes Breakaway Firm Dispute To Ga. High Court

    Drew Eckl & Farnham LLP told the Georgia Supreme Court that Burke Moore Law Group LLP — started by former Drew Eckl partners and others — was wrongly allowed to escape arbitration over fees between the firm and the ex-partners, arguing that Burke Moore implicitly consented to arbitration by participating without objecting to jurisdiction.

  • April 08, 2025

    Split 4th Circ. Lifts Block On DOGE's Access To Gov't Data

    A split Fourth Circuit panel paused Monday a ruling blocking the Department of Government Efficiency from accessing sensitive information on millions of Americans held by the U.S. Department of the Treasury, U.S. Department of Education and the Office of Personnel Management, while a dissenting judge disagreed "with all the energy an old judge can muster."

  • April 08, 2025

    2nd Circ. Rejects Biden Diary Thief's Appeal Over Medical Info

    The Second Circuit denied an appeal on Tuesday from a woman who pled guilty to stealing a diary belonging to former President Joe Biden's daughter, rejecting her arguments that a judge was wrong to allow a probation officer to disclose her pre-sentencing report and prior medical records to mental health providers without first obtaining consent.

  • April 08, 2025

    Conn. Justices OK Debt Negotiator's Suit Against Watchdog

    Connecticut's highest court will allow a trial judge to decide whether the Department of Banking can skirt a restriction on regulating attorneys, declining Tuesday to put an end to a suit that a law firm and its associated debt negotiation group brought against the state watchdog.

  • April 08, 2025

    Fed. Circ. Affirms Alkem's Generic Antibiotic Not Barred By IP

    A Delaware federal court rightly found that Alkem Laboratories' generic version of Azurity Pharmaceuticals' antibiotic Firvanq doesn't infringe the latter's patent, the Federal Circuit said Tuesday.

  • April 08, 2025

    6th Circ. Upholds Mich. Lawyer's Tax Fraud Convictions

    A Michigan personal injury lawyer convicted of filing false tax returns lost a bid for a second trial Monday, as a federal appeals court said he repeated defenses already rejected once by a jury. 

  • April 08, 2025

    Justices Halt Order To Reinstate Federal Workers

    The U.S. Supreme Court on Tuesday hit pause on a California federal court order reinstating tens of thousands of probationary federal workers who were fired from six agencies, agreeing with the Trump administration that the nonprofit groups that obtained the order lack standing to challenge the firings. 

  • April 07, 2025

    Split 5th Circ. Undoes Injunction On Texas Strip Club Fee Law

    The Fifth Circuit on Monday reversed an injunction barring the Texas comptroller from enforcing a state law imposing fees on strip clubs that allow on-site alcohol consumption, saying in a split unpublished opinion that a Houston club challenging the law was bound by a 2011 decision that upheld the law.

  • April 07, 2025

    1st Circ. Won't Pause Block Of Unrelated Country Deportation

    The First Circuit on Monday declined to stay a Massachusetts federal judge's order blocking the Trump administration from removing immigrants to countries where they have no prior ties without first providing them with notice of where they are being sent and a "meaningful" opportunity to raise any safety concerns.

  • April 07, 2025

    Ruling Adds To Risk Of Patent Format Tied To Improvements

    A Federal Circuit decision from last month has created pitfalls for entities using a type of patent claim that describes an improvement on previous technology, making the so-called Jepson format, which is already uncommon, even less appealing for applicants, attorneys said.

  • April 07, 2025

    Pa. Supreme Court Snapshot: Electric Bills, Jock Tax

    The Pennsylvania Supreme Court will open its three-day session in Pittsburgh Tuesday with arguments over how to weigh when a coworker or co-owner shares in an employer's immunity from lawsuits under the state's workers' compensation law, and if electricity providers can get additional services put on the utility bills drawn up by power distributors.

  • April 07, 2025

    Policy Group Tells 4th Circ. Drug Discount Law Needs Reform

    The Fourth Circuit on Monday allowed a Boston-based think tank to file an amicus brief supporting a district court's injunction against a West Virginia law that pharmaceutical companies and lobbyists claim unconstitutionally expands a federal drug discount program.

  • April 07, 2025

    NJ Panel Upholds Nix Of Police Unions' Retroactive Pay Suit

    Two New Jersey police unions couldn't convince a state appeals court that Atlantic City and the state owed retroactive raises to officers, an appellate panel ruled Monday, finding a law focused on assisting municipalities with financial troubles supplants agreements about wage increases and promotions.

  • April 07, 2025

    9th Circ. Partially Reverses LA Port Co.'s Coverage Suit

    The Ninth Circuit on Monday held that United National Insurance Company was obligated to defend a Los Angeles Port operator against pollution claims brought by the city, but said a district judge deprived the insurer of a jury trial on the operator's claimed defense costs due to the breach of contract.

  • April 07, 2025

    USAA Wants Full Fed. Circ. To Hear PNC's Patent Board Wins

    A San Antonio-based bank that lost two of its patents covering technology used to deposit checks through smartphones — including one tied to a $218 million jury verdict against PNC Bank — is arguing that a Federal Circuit panel has allowed the patent board "to escape its obligation to explain itself."

  • April 07, 2025

    VLSI Argues Fintiv Memo Withdrawal Enhances PTAB Appeal

    The U.S. Patent and Trademark Office's recent decision to withdraw guidance on its discretionary denial policy means the Federal Circuit should revive a VLSI Technology chip patent reviewed explicitly based on that policy, the patent owner said Friday.

  • April 07, 2025

    6th Circ. Says Job Performance Dooms Ex-Exec's Bias Suit

    The Sixth Circuit backed security company Idemia's defeat of a former executive's lawsuit claiming he was forced out because he was over 50 and undergoing prostate cancer treatment, finding Monday he couldn't overcome the explanation that his boss had lost confidence in his leadership abilities.

  • April 07, 2025

    Fed. Circ. Stumbles Over The Word 'Unit' In Cross-Patent Fight

    The Federal Circuit spent a chunk of its morning Monday grappling with whether a limitation in a patent specification describes a specific unit or a type of unit as it heard cross-appeals from Mondis Technology and LG Electronics in a patent fight they have been battling out for over a decade.

Expert Analysis

  • How To Accelerate Your Post-Attorney Career Transition

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    Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.

  • Series

    Law School's Missed Lessons: Be An Indispensable Associate

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    While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.

  • Series

    Birding Makes Me A Better Lawyer

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    Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.

  • Justices May Clarify What IP Competitors In Litigation Can Say

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    If the U.S. Supreme Court agrees to weigh in on Atturo Tire v. Toyo Tire, it may be able to provide guidance on the murky questions surrounding what companies enforcing their intellectual property against competitors are allowed to say in public, say attorneys at Ballard Spahr.

  • How Del. Law Rework Limits Corporate Records Requests

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    Newly enacted amendments to a section of the Delaware General Corporation Law that allows stockholders and beneficial owners to demand inspection of Delaware corporations' books and records likely curtails the scope of such inspections and aids defendants in framing motions to dismiss at the pleading stage, says Jonathan Richman at Brown Rudnick.

  • A Recurring Atty Fee Question Returns To Texas High Court

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    As the Texas Supreme Court is poised to decide if it will once again address — in Maciejack v. City of Oak Point — when a party must segregate attorney fees it seeks to recover, litigators would be wise to contemporaneously classify fees as either recoverable or unrecoverable, say attorneys at Munck Wilson.

  • Alien Enemies Act Case Could Reshape Executive Power

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    President Donald Trump’s invocation of the Alien Enemies Act to deport Venezuelan nationals raises fundamental questions about statutory interpretation, executive power and constitutional structure, which now lay on the U.S. Supreme Court's doorstep, says Mauni Jalali at Quinn Emanuel.

  • 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.

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