Appellate

  • June 02, 2026

    Colo. Panel Weighs EFAA's Limits In Club Retaliation Case

    A Colorado Court of Appeals panel at oral arguments Tuesday grappled with dueling interpretations of the limits of the phrase "related to" in the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, weighing in on a Denver strip club's appeal attempting to arbitrate a former bartender's retaliation claims.

  • June 02, 2026

    3rd Circ. Asks NJ To Define 'Unreasonable' Gunmaker Conduct

    The Third Circuit on Tuesday appeared skeptical of the state of New Jersey's position that The National Shooting Sports Foundation still lacked standing as it tries to renew its challenge of a Garden State law allowing it to sue gunmakers for endangering public safety, questioning what exactly is impermissible under broad statutory language like "unreasonable" conduct.

  • June 02, 2026

    Calif. Justices Nix Death Verdict Over Atty's Guilt Concession

    The California Supreme Court has reversed the convictions of a man sentenced to death, saying his defense attorney violated his rights at trial by conceding his guilt, over his objection, in a series of deadly shootings and other crimes.

  • June 02, 2026

    Panel Unsure Lowenstein Missed Deadline In Pot Biz Fee Row

    A New Jersey appellate panel on Tuesday questioned if Lowenstein Sandler LLP ever filed the amended complaint that would trigger the allegedly missed deadline that Trif & Modugno LLC says is fatal to Lowenstein Sandler's bid for $750,000 in unpaid fees from a failed cannabis venture.

  • June 02, 2026

    Wash. Panel OKs Challenges To Seattle's Comprehensive Plan

    A Washington state appeals panel Monday revived a pair of challenges to an environmental impact statement published as part of Seattle's comprehensive plan for the city's next two decades of growth, ruling that the challenges aren't barred by recent state laws encouraging the construction of more housing.

  • June 02, 2026

    Green Groups Challenge EPA Chemical Leak Rules

    Environmental and public health groups are challenging softened monitoring and reporting requirements for chemical manufacturing facilities.

  • June 02, 2026

    Colo. Panel Mulls Association's Fees Bid, Lease Interpretation

    The Colorado Court of Appeals on Tuesday focused on how it should interpret portions of a long-term fishing lease between a property owners association and a Colorado ranch in the association's appeal seeking attorney fees against the ranch.

  • June 02, 2026

    Ariz. Justices Nix Murder Conviction Over Bad Verdict Form

    A divided Arizona Supreme Court has ordered a new murder trial for a man convicted of second degree murder after it found that a jury was given incorrect jury instructions on a different charge and an incorrect verdict form.

  • June 02, 2026

    Why License? 5th Circ. Weighs 'Server Test' In News App Fight

    A Fifth Circuit judge on Tuesday asked counsel for a news aggregation app why publishers would ever license their articles if the app can lawfully show readers the same content without paying as long as it's hosted on the publishers' own servers.

  • June 02, 2026

    Fed. Circ. Won't Save Farm Patents, But Reopens Fee Issue

    The Federal Circuit on Tuesday revived a company's bid for attorney fees after defeating an infringement case by AGI Suretrack over agricultural data patents, saying a lower court correctly deemed those patents invalid, but failed to explain why it didn't find the case exceptional for fee purposes.

  • June 02, 2026

    11th Circ. Affirms Ga. Concrete Bid-Rigging Conviction

    The Eleventh Circuit on Tuesday affirmed a manager's conviction for conspiring to rig bids and fix prices for tens of millions of dollars in ready-mix concrete contracts in Georgia, after finding enough evidence of his participation in the scheme.

  • June 02, 2026

    Michigan Tells Panel Absentee Ballot Restriction Too Stiff

    Counsel for the Michigan secretary of state urged a state appeals panel Tuesday to overturn the Republican National Committee's win of an injunction requiring absentee ballots with missing or mismatched identification tabs to be disqualified, arguing that tossing those ballots would disenfranchise voters.

  • June 02, 2026

    4th Circ. Says Worker Can't Revive Wage Classes After Deal

    The Fourth Circuit dismissed a former auto parts worker's appeal of an order decertifying wage and hour classes and a collective action, finding Tuesday he lost standing when he voluntarily settled his individual claims.

  • June 02, 2026

    Generics Makers Tell 3rd Circ. Buyers Too Few For Class

    Two pharmaceutical companies embroiled in decadelong litigation over the alleged price-fixing of generic drugs told a Third Circuit panel on Tuesday that groups of drug buyers either didn't have the numbers necessary to support class certification or were not clearly identifiable.

  • June 02, 2026

    Justices Urged To Address Tax Fraud Deadline Split

    A woman urged the U.S. Supreme Court on Tuesday to reconcile the appellate courts' split over the period to assess taxes against a taxpayer in cases when a third party commits fraud, saying the IRS even admitted that the conflict creates "intolerable results."

  • June 02, 2026

    LA Says DOJ's Pot Shift Can't Sway Dormant Commerce Case

    Los Angeles urged the Ninth Circuit on Monday to dispose of a dormant commerce clause challenge to the city's cannabis licensure program, saying the federal rescheduling of medical marijuana should not influence the case.

  • June 02, 2026

    9th Circ. Won't Recharge Kids' Suit Over Trump's Energy EOs

    A Ninth Circuit panel refused Tuesday to revive a group of youths' legal challenge of President Donald Trump's executive orders spurring the use of fossil fuels to meet the country's energy needs, concluding the plaintiffs "can only speculate" that the orders will trigger agency decisions that ultimately intensify climate change.

  • June 02, 2026

    11th Circ. Raises Practicality Questions About Fla. Drag Law

    The full Eleventh Circuit grappled Tuesday with how a Florida law that criminalizes admitting minors to "adult live performances" like drag shows would square with the free speech rights, pressing the state on how to discern what's appropriate for patrons of different ages.

  • June 02, 2026

    US Pushes To Keep Trump Tariffs In Effect During Appeal

    The Federal Circuit should maintain a pause on a lower court's order blocking President Donald Trump's temporary global tariffs with respect to Washington state and two businesses, the U.S. argued, saying the merits "lopsidedly" favor a stay during the government's appeal.

  • June 02, 2026

    Tribe Waived Immunity In Casino Land Fight, NC Panel Told

    The Catawba Indian Nation can't assert blanket immunity from a development company's suit claiming the tribe "ran wild" with the access it received to privately owned land surrounding the tribe's planned casino in North Carolina, the company told a state appellate panel Tuesday.

  • June 02, 2026

    Mass. Justices Allow Trooper Body Cam Evidence In DUI Case

    A man arrested for drunken driving cannot have a state trooper's body cam footage of him excluded from evidence, Massachusetts' highest court ruled Tuesday, finding that although he may not have been aware that he was being recorded, there was ample notice and police were not breaking the law.

  • June 02, 2026

    6th Circ. Weighs Mich. City's Pride Flag Policy

    A panel of the Sixth Circuit on Tuesday wrestled with whether a Detroit-area city's decision to bar rainbow Pride flags from its flagpoles while continuing to fly flags representing countries tied to residents' national origins was a lawful expression of government speech. 

  • June 02, 2026

    DOJ Won't Move Forward With $1.8B Fund, Blanche Confirms

    Acting Attorney General Todd Blanche told lawmakers Tuesday, "we're not moving forward" with the controversial $1.8 billion settlement fund.

  • June 02, 2026

    Hemp Cos. Say DEA Overreached By Criminalizing HHC

    Two hemp companies are challenging a recent U.S. Drug Enforcement Administration rule that designated a hemp-derived psychoactive compound as a Schedule I substance, saying the agency's move was an unlawful overreach that contradicts Congress' legalization of hemp.

  • June 02, 2026

    Fox Rothschild Atty Censured Over $2.7M In Unapproved Fees

    A New Jersey-based bankruptcy partner at Fox Rothschild LLP has been censured by the Supreme Court of New Jersey after she was found to have wrongfully disbursed over $2.7 million in fees to her former firms without approval.

Expert Analysis

  • Series

    NY Times Word Puzzles Make Me A Better Lawyer

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    Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

  • Tracking Tech Suit Is A Risk Management Reminder For Cos.

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    The Fifth Circuit recently heard oral argument in Rand v. Eyemart Express — an appeal that could reshape the legal landscape for businesses that deploy tracking tech on their websites — underscoring the importance of proactive risk management for companies across multiple industries, say attorneys at Blank Rome.

  • Series

    Law School's Missed Lesson: Diagnose Before Arguing

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    Law school often skips over explicitly teaching students how to determine what kind of problem a case presents before they commit to a particular doctrinal path, which risks building arguments that are internally coherent but externally misaligned, says Melanie Oxhorn at Kobre & Kim.

  • A Fed. Circ. Blueprint For Drafting Medical Device Patents

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    The Federal Circuit's decision in Constellation Designs v. LG last month, among other recent rulings, underscores the importance of emphasizing engineering, rather than clinical goals, when drafting patent claims for medical devices and software as a medical device, says Brandon Theiss at Volpe Koenig.

  • Decoding Arbitral Disputes: EU's Arb. Defense From Russia

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    The EU's latest package of restrictive measures against Russia marks a significant shift from merely resisting Russian jurisdictional tactics to proactively protecting arbitration and exclusive jurisdiction agreements, elevating the procedural importance of dispute resolution clauses, says Josep Galvez at 4-5 Gray's Inn Square.

  • Becoming The Biz-Savvy GC That Portfolio Companies Need

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    Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

  • Nielsen Appeal Tests Antitrust Limits Of Pricing And Bundling

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    In Cumulus v. Nielsen, the Second Circuit is considering a structural pattern in which a monopolist exploits upstream market power to foreclose downstream competition, which could potentially offer broad insight into how courts will assess exclusionary bundling and pricing defenses under antitrust law, says Luke Hasskamp at Bona Law.

  • Series

    Judges On AI: How Courts Can Survive The Tech Revolution

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    Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

  • 'Skinny Label' Arguments Spotlight Induced Infringement Risk

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    Recent oral arguments before the U.S. Supreme Court in Hikma Pharmaceuticals v. Amarin Pharma highlight the uncertain boundary between lawful generic competition through so-called skinny labels and induced patent infringement, with potential implications for patent holders’ communication, enforcement and causation strategies across industries, says Anton Hopen at Trenam.

  • A Framework For Habeas Relief After 5th Circ. Bond Ruling

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    Following the Fifth Circuit’s recent Buenrostro-Mendez v. Bondi decision foreclosing statutory bond for detained nonimmigrants not deemed admitted to the U.S., lawyers should adopt a framework that requests habeas relief pursuant to the Fifth Amendment’s due process clause, says Kemal Hepsen at Mandamus Lawyers.

  • 4th Circ. Ruling Will Rewrite Class Action Litigation Strategies

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    The Fourth Circuit's recent decision in Oliver v. Navy Federal Credit Union is the first from a federal circuit court to hold that motions to strike are inappropriate vehicles for challenging class allegations at the pleading stage, invalidating a tactic that had been used for decades, says Jim Francis at Francis Mailman.

  • Startup Founder Disputes Increasingly Turn On Governance

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    Recent Delaware developments suggest that as courts place increasing emphasis on board process, independence and oversight in founder-led startups, the growing intersection of governance, technology risk and investor oversight is accelerating both the emergence and escalation of founder disputes, says mediator Frank Burke.

  • 3 AI Adoption Mistakes GCs Should Avoid

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    The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

  • Series

    Playing Basketball Makes Me A Better Lawyer

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    My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

  • Salt-N-Pepa Suit May Shake Up Music Copyright Issue

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    James v. UMG Recordings is a copyright termination rights case that provides an opportunity for the Second Circuit to make concrete choices about grant language, authorship, work-for-hire status and survival of derivative works, says attorney Abdul Abdullahi.

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