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Justices Decline To Revisit Landmark Press Freedom Ruling

The U.S. Supreme Court on Monday denied casino mogul and Trump donor Steve Wynn's bid to overturn a landmark ruling on press freedom that established a high evidentiary standard for public figures to pursue defamation claims.
April 24, 2025
Circuit-By-Circuit Guide As Justices Confront Class Cert. Split

The U.S. Supreme Court is set for climactic arguments over class certification standards that have cleaved circuits from coast to coast for much of the past two decades, teeing up a make-or-break ruling for many class actions and a transformative event for legal practice in the swelling litigation realm.
April 24, 2025
DC Circ. Fears Newman Atty Would Impeach Disabled Judges

The attorney fighting Federal Circuit Judge Pauline Newman's suspension alarmed the D.C. Circuit on Thursday when he argued that judges can only have their work taken from them if they voluntarily resign or are impeached.
April 24, 2025
1st Circ. Revives Honeywell Ex-Manager's Bias Suit

The First Circuit on Thursday revived a former Honeywell Aerospace manager's employment discrimination claims against the aircraft manufacturer, ruling in a published opinion that a federal court in Puerto Rico erroneously tossed the former employee's case for being untimely.
April 24, 2025
11th Circ. Considers Sackett's Impact In Clean Water Suit

Green groups and citizens who alleged Georgia's Sea Island resort misled the Army Corps of Engineers about a wetlands filling project urged the Eleventh Circuit to revive their suit Thursday, with the groups and resort arguing the Supreme Court's 2023 ruling in Sackett v. EPA worked in their favor.
April 24, 2025
Funds Manager Raided Coffers Before Ouster, Court Told

A Texas appeals court on Thursday questioned whether multiple commercial real estate funds had taken a vote before ousting a former manager accused of helping himself to company accounts, asking during oral arguments if the funds had followed correct procedures.
April 24, 2025
3rd Circ. Revives Sanctions For Undisclosed Bankruptcy Fees

Citing a "legal question of significant public importance," a Third Circuit Court of Appeals panel on Thursday reversed a district court's reversal of a bankruptcy judge's sanctioning of Spector Gadon Rosen & Vinci PC for pursuing additional fees initially undisclosed to the court from a bankrupt couple after agreeing to a flat amount.
April 24, 2025
Ex-OneTaste Execs Ask Justices To Nix 'Stolen' Docs

Former OneTaste executives facing forced-labor conspiracy charges asked the U.S. Supreme Court on Thursday to bar allegedly stolen and attorney-client privileged documents from being used at a May trial, saying corporate legal communications are broadly at risk.
April 24, 2025
10th Circ. Says City's COVID-19 Town Hall Calls Weren't Illegal

Albuquerque didn't break federal robocall laws when it sent residents automated calls to inform them that it would be hosting virtual public meetings during the early years of the coronavirus pandemic, the Tenth Circuit has ruled.
April 24, 2025
AI Patents Face Eligibility Hurdles After 1st Fed. Circ. Case

The Federal Circuit's first-ever patent eligibility decision involving machine learning made clear that using artificial intelligence technology to make a task faster or more efficient is not sufficient, while leaving uncertainty about what type of technical improvements would pass muster, attorneys say.
April 24, 2025
8th Circ. Quizzes SEC About Fate Of Climate Regs

The U.S. Securities and Exchange Commission has been ordered by the Eighth Circuit to say whether it plans to withdraw or rewrite corporate climate disclosure rules that it is no longer defending in court, with the litigation surrounding the rules being put on hold at the request of several blue states until the agency discloses next steps.
April 24, 2025
9th Circ. Backs Oppenheimer Bid To Avoid FINRA Arbitration

The Ninth Circuit unanimously affirmed Thursday a lower court's ruling blocking two Washington state couples' bid to arbitrate claims against Oppenheimer & Co. Inc. before the Financial Industry Regulatory Authority, saying the couples weren't customers of the financial services company despite getting caught up in a former Oppenheimer employee's Ponzi scheme.
April 24, 2025
Rivian Secures Calif. State Court Win Over Investors' IPO Suit

A California state appellate court affirmed the dismissal of a suit brought against Rivian Automotive accusing the electric vehicle manufacturer and its underwriters of misleading investors ahead of its blockbuster 2021 initial public offering, finding that Rivian's articles of incorporation direct any federal securities-related claims to federal court.
April 24, 2025
Pardon Me? Why Offers To Secure Clemency Might Be A Scam

Some white collar lawyers and consultants say their clients are increasingly being solicited by potential scammers with promises to leverage supposed White House connections to secure pardons and other forms of clemency in exchange for big fees.
April 24, 2025
9th Circ. Won't Rehear CashCall Appeal Of $134M CFPB Order

The Ninth Circuit on Thursday declined to rehear loan company CashCall's petition challenging $134 million in legal restitution it was ordered to pay to the Consumer Financial Protection Bureau over alleged unfair loan collection practices, rejecting its argument that legal restitution triggered its jury trial right and finding CashCall waived that right.
April 24, 2025
Fed. Circ. Won't Let Fortnite Maker Run Back PTAB Fights

Epic Games failed to persuade a Federal Circuit panel on Thursday to undo the patent board's rejection of the video game company's efforts to invalidate patents that Fortnite's in-game communication programs were accused of infringing.
April 24, 2025
Fed. Circ. Dunks Appeal Over Swimming Pool Design Patent

The Federal Circuit on Thursday refused to revive allegations that Latham Pool Products infringed a swimming pool design patent, affirming a Tennessee federal court's finding that the patented design and the accused pool were clearly distinct.
April 24, 2025
Clyde & Co., Ex-Client Must Pay Firm's Share Of Settlement

A Florida appeals court Wednesday said Clyde & Co. LLP failed to protect another law firm's lien on a share of settlement proceeds from a wrongful death action when it wrote the settlement check in a way that it could be deposited only by the firm's former co-counsel.
April 24, 2025
Pa. Justices To Say If Wage Law Permits Suits Over Late Pay

The Pennsylvania Supreme Court will determine if employees can sue for withheld wages and the liquidated damages state law allows if their employer misses payday but catches up more than a month later, the court announced Wednesday.
April 24, 2025
Trump Admin Appeals Colo. Judge's Migrant Removal Bar

The Trump administration has asked the Tenth Circuit to quickly stay a Colorado federal judge's halt on removals of detained Venezuelan migrants accused of gang membership while it challenges the court's ability to "interfere with the president's core authority to protect the nation."
April 24, 2025
Fed. Circ. Backs Samsung Win In Power Converter IP Fight

The Federal Circuit on Thursday backed the Patent Trial and Appeal Board's decision that two patents related to voltage switching power converters are invalid, handing a win to challengers including Samsung and Dell.
April 24, 2025
Texas House Passes AI Porn Site Age Verification Bill

The Texas House approved Thursday an update to the state's porn site age verification law that would apply to websites that have publicly available artificial intelligence tools.
April 24, 2025
MLB Wins Fla. Appeal In Ex-Player's Data Theft Suit

A Florida state appellate court handed a win to Major League Baseball in an ex-player's lawsuit alleging personal and business data was stolen in a "black ops" hack of his computers, finding that the claims were barred by the statute of limitations and were already decided in previous cases.
April 24, 2025
SpaceX, NLRB Ask 5th Circ. To Pause Constitutionality Case

SpaceX and the National Labor Relations Board asked the Fifth Circuit to pause one of the rocket-maker's constitutional challenges to the board's structure, saying the board is investigating whether SpaceX is an air carrier whose labor-management relations are overseen by the National Mediation Board rather than the NLRB.
April 24, 2025
Texas Court Allows State To Block Austin Pot Amnesty Law

A Texas appeals court on Thursday decided to allow the state to pursue an injunction blocking an Austin city law prohibiting enforcement of some cannabis crimes, saying the local ordinance is preempted by state law.
April 24, 2025
Ill. Justices Affirm Venue Limits For Constitutional Challenges

The Illinois Supreme Court on Thursday upheld the limits to where constitutional challenges to a state statute, rule or executive order can be filed, saying that requiring the plaintiff in the underlying case to litigate in a different county "does not deprive it of the opportunity to be heard at a meaningful time and in a meaningful manner."

Editor's Picks

12 Lawyers Who Are The Future Of The Supreme Court Bar

One attorney hasn't lost a single U.S. Supreme Court case she's argued, or even a single justice's vote. One attorney is perhaps "the preeminent SCOTUS advocate." And one may soon become U.S. solicitor general, despite acknowledging there are "judges out there who don't like me." All three are among a dozen lawyers in the vanguard of the Supreme Court bar's next generation, poised to follow in the footsteps of the bar's current icons.
How Reshaped Circuit Courts Are Faring At The High Court

Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.
Law360's Guide To Biden's Judicial Picks

FINAL UPDATE January 14, 2025 | President Joe Biden put 235 lifetime judges on the federal bench which added to the courts' professional and demographic diversity — a sharp break from former President Donald Trump, whose confirmed judicial nominees were 84% white and 76% male.

Expert Analysis

10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks

The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
How High Court's Cornell Decision Will Affect ERISA Suits

The U.S. Supreme Court's recent decision in Cunningham v. Cornell, characterizing prohibited transaction exemptions as affirmative defenses, sets the bar very low for initiating Employee Retirement Income Security Act litigation, and will likely affect many plan sponsors with similar service agreements, says Carol Buckmann at Cohen & Buckmann.
Notable Q1 Updates In Insurance Class Actions

The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.
2nd Circ. Ruling May Aid Consistent Interpretation Of ADA

In Tudor v. Whitehall Central School District, the Second Circuit joined the majority of circuits by holding that an employee's ability to perform their job without an accommodation does not disqualify them from receiving one, marking a notable step toward uniform application of the Americans with Disabilities Act nationwide, says Michelle Grant at Wilson Elser.
EPA's Proposed GHG Reform Could Hinder Climate Regulation

The Trump administration will reconsider the U.S. Environmental Protection Agency's landmark 2009 greenhouse gas endangerment finding, which could leave the U.S. federal government with no statutory authority whatsoever to regulate climate change or greenhouse gas emissions, says David Smith at Manatt.
The Benefits Of Aligning States On Legal Paraprofessionals

Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
Fed. Circ. In March: Forfeiting Claim Construction On Appeal

The Federal Circuit's decision in Wash World v. Belanger last month confirms the importance of fair notice to the district court when determining forfeiture of an argument on appeal in the context of patent claim construction, allowing appellants to better gauge the appropriate framing of arguments that may be presented, say attorneys at Knobbe Martens.
1st Circ. Ruling May Slow SEC Retail Investment Advice Cases

The First Circuit's recent ruling, finding the U.S. Securities and Exchange Commission did not substantiate its $93.3 million fine against a retail investment adviser, may raise the threshold on materiality findings in these cases and add a speed bump resulting in fewer such actions, say attorneys at Weil.
10 Soft Skills Every GC Should Master

As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
6 Criteria Can Help Assess Executive Branch Actions

With new executive policy changes announced seemingly every day, several questions can help courts, policymakers and businesses determine whether such actions are proper, effective and in keeping with our democratic norms, say Marc Levin and Khalil Cumberbatch at the Council on Criminal Justice.
Fed Circ.'s PTAB Ruling Highlights Obsolete Rationale

The Federal Circuit's recent decision in In re: Riggs shines a new light on its 2015 decision in Dynamic Drinkware v. National Graphics, and raises questions about why the claim support requirement established by Dynamic Drinkware exists at all, say attorneys at Patterson Belknap.
Traversing The Shifting Sands Of ESG Reporting Compliance

Multinational corporations have increasingly found themselves between a rock and a hard place attempting to comply with EU and California ESG requirements while not running afoul of expanding U.S. anti-ESG regimes, but focusing on what is material to shareholder value and establishing strong governance can help, say attorneys at MoFo.
An Unrestrained, Bright-Eyed View Of Legal AI's Future

Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
Tracking The Evolution In Litigation Finance

Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
Addressing Antitrust Scrutiny Over AI-Powered Pricing Tools

Amid multiple recent civil complaints alleging antitrust violations by providers and users of algorithmic pricing tools, such as RealPage and Yardi, digital-era measures should feature prominently in corporate compliance programs, including documentation of pro-competitive benefits and when to use disclosures, say attorneys at Morgan Lewis.