Appellate

  • August 26, 2026

    5th Circ. Won't Reopen Apex's SEC Deal For Better Terms

    The Fifth Circuit has denied Apex Clearing Corp.'s petition to revisit its settlement agreement with the U.S. Securities and Exchange Commission over the clearinghouse's purported failure to keep records of off-channel communications, finding that other firms receiving more favorable settlement terms later on was not grounds for modification.

  • August 26, 2026

    Ill. Aid-Fixing Trial Delayed As 7th Circ. Review Proceeds

    Students and several elite private universities will have to postpone their trial over an alleged financial aid fixing scheme while the Seventh Circuit reviews expert-related findings that have allowed the case to proceed as a class action, an Illinois federal judge said Wednesday.

  • August 26, 2026

    5th Circ. Revives Bank's Bid For Ponzi Proceeds

    A Washington bank will get another shot at proving it is owed more than the $2.5 million it was awarded as a Ponzi scheme victim, with the Fifth Circuit ruling a lower court didn't grant the bank due process in approving a report from the receiver handling reimbursement.

  • August 26, 2026

    Fed. Circ. Backs Expanded Duties On Chinese Canvas Imports

    Imports of a type of rolled canvas from China are subject to a duty order on certain artist canvases, a Federal Circuit panel affirmed Wednesday, rejecting an importer's claim that the coating on its products didn't promote the "adherence" of ink in the same way.

  • August 26, 2026

    Fla. Panel Lets Law Firm Appeal Bid For Doc's Income Files

    Florida's Third District Court of Appeal on Wednesday granted a petition for a writ of certiorari to the Law Offices of Adorno-Cunill & Damas PL in a malpractice case brought against it resulting from a divorce proceeding.

  • August 26, 2026

    7th Circ. Holds High Court Ruling Supports Ark. PBM Rule

    The Seventh Circuit refused Wednesday to revive a union fund's challenge to an Arkansas rule making health plans disclose pharmacy compensation and pay fees, backing a lower court's holding that the rule was in line with a 2020 U.S. Supreme Court ruling that permitted state cost regulations on pharmacy benefit managers.

  • August 26, 2026

    Ohio Justices Say Guilty Plea Needn't Be Fully Explained

    The Ohio Supreme Court on Wednesday ruled courts can presume a criminal defendant understands pleading guilty means a complete admission of guilt, even if the judge does not explicitly tell the defendant so, unless the defendant asserts his actual innocence.

  • August 26, 2026

    Samsung, Apple Warn Against Google Payment Ban

    Samsung and Apple told the D.C. Circuit that they are backing the district court's decision to reject a proposed ban on Google's payments to device distributors, with Samsung saying the ban would deprive it of the revenue it needs to help fund research and development in its mobile business unit and Apple saying it would only benefit Google at the expense of customers and third parties. 

  • August 26, 2026

    Mich. Appeals Court Upholds Probate Judge Candidate DQ

    A candidate hopeful for Wayne Probate Court judge will not appear on the ballot in November after a Michigan Court of Appeals panel on Tuesday affirmed a lower court's decision that her nominating petitions did not have enough signatures to garner her certification.

  • August 26, 2026

    Apple Seeks Win In Biometric Privacy Case, Citing 7th Circ.

    A recent Seventh Circuit decision affirming Samsung's win in a biometric privacy suit means Apple should prevail over similar claims, the tech giant has told an Illinois federal judge, arguing for summary judgment in a class action alleging that Apple's Photos app collects users' faceprints without permission.

  • August 26, 2026

    Trucking Groups Urge Full 5th Circ. To Mull Penske Liability

    Trucking industry groups contend the Fifth Circuit unjustifiably expanded liability for upstream motor carriers when it recently held that trucking services giant Penske Logistics LLC could be held vicariously liable for a fatal 2018 Texas collision caused by a motor carrier that Penske knew nothing about.

  • August 26, 2026

    Translation Co. Wants Quick Appeal Of PAGA Timing Ruling

    A translation services company asked a California federal judge to let it immediately appeal a ruling that kept alive a former worker's Private Attorneys General Act claim based on an alleged wage-statement violation, saying the dispute presents a novel question over when such claims accrue.

  • August 26, 2026

    Feds Urge 6th Circ. To Affirm $100M DTE Clean Air Act Penalty

    Several DTE Energy Co. entities should not be allowed to escape a $100 million civil penalty a Michigan federal judge imposed for Clean Air Act violations at a coke production facility near Detroit, the U.S. Department of Justice has told the Sixth Circuit.

  • August 26, 2026

    Prosecutors Say Goldstein Must Stay Behind Bars

    Federal prosecutors told the Fourth Circuit on Tuesday to keep convicted Supreme Court attorney Thomas Goldstein behind bars while he appeals his conviction, arguing that he remains a serious flight risk with wealthy overseas connections and "an ongoing danger" whose tax crimes continued "even after conviction."

  • August 26, 2026

    10th Circ. Says Missing Testimony Didn't Violate Rights

    The Tenth Circuit on Tuesday affirmed an Oklahoma man's murder and firearm convictions, concluding that allowing jurors to hear a missing witness's prior testimony did not violate his Sixth Amendment confrontation rights because the government made reasonable, good-faith efforts to find the witness.

  • August 26, 2026

    Fla. Firm Must Face Fiduciary Breach Suit Over Property Deal

    A Florida state appeals court on Wednesday reversed an order dismissing a lawsuit brought by a property company alleging that Hoffman Larin & Agnetti PA and one of its attorneys aided and abetted a breach of fiduciary duty while representing a third party claiming an interest in a property owned by the company.

  • August 26, 2026

    BIA Says Final Removal Order Limits Immigrant Custody Review

    The Board of Immigration Appeals said Tuesday that an immigration judge erred in ordering the release on bond of a noncitizen subject to a final removal order after the government continued to detain her, finding the judge lacked jurisdiction.

  • August 26, 2026

    Rising Star: Davis Polk's Masha Hansford

    Masha G. Hansford scored a U.S. Supreme Court victory centering on disparate bankruptcy fees and argued a complicated case involving Venezuelan bonds at the Second Circuit, earning her a spot among the appellate law practitioners under age 40 honored by Law360 as Rising Stars.

  • August 26, 2026

    3rd Circ. Says McIver Lacks Immunity In ICE Assault Case

    A panel of Third Circuit judges on Wednesday rejected claims from Rep. LaMonica McIver, D-N.J., that her congressional role protects her against criminal charges alleging she forcibly interfered with and obstructed federal officers at an immigration detention facility.

  • August 26, 2026

    MyPillow CEO Lindell Appeals Smartmatic Sanctions Order

    MyPillow CEO Mike Lindell has appealed a D.C. federal judge's sanctions order against him for filing what the court said were "frivolous" third-party claims and counterclaims against election systems company Smartmatic.

  • August 25, 2026

    4th Circ. Blocks FCC Campaign Ad Pricing Guidance

    While political candidates are entitled to the lowest advertising rate radio and television stations can charge, political parties and joint fundraising committees with noncandidate members are not, a split Fourth Circuit ruled Tuesday, wiping out recent Federal Communications Commission guidance.

  • August 25, 2026

    Calif. Law Requiring Cop ID Can't Apply To Feds, 9th Circ. Told

    The Trump administration urged the Ninth Circuit during oral arguments Tuesday to find that a section of California law requiring law enforcement officers to visibly display identification can't apply to federal officers, saying "nothing has changed" since the court blocked that section under the Supremacy Clause pending this appeal.

  • August 25, 2026

    9th Circ. Panel Largely Upholds Block On Feds' Grant Terms

    A divided Ninth Circuit panel Tuesday mostly upheld an injunction blocking the Trump administration from imposing new grant restrictions on transportation and housing funding for dozens of local governments, concluding federal agencies likely overstepped their authority by barring the money from being used to promote "gender ideology" or "illegal immigration."

  • August 25, 2026

    11th Circ. Says 'Polite' Bank Robbery Notes Still Imply Threats

    A Florida man who said "please" and "good morning" to bank and credit union tellers in notes demanding cash can still be charged with robbery involving intimidation, because of an implication of potential violence if the notes were not followed, the Eleventh Circuit ruled.

  • August 25, 2026

    DC Circ. Won't Revive Standard General's FCC Bias Suit

    The D.C. Circuit does not believe that the Federal Communications Commission took part in a racist conspiracy to kill Standard General hedge fund manager Soo Kim's $8.6 billion merger with broadcaster Tegna and has affirmed the dismissal of his lawsuit claiming such.

Expert Analysis

  • Patent Ruling Highlights Risks Of Late Inventorship Fixes

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    The Federal Circuit's recent decision in Implicit v. Sonos demonstrates the risk of forfeiture with retroactive correction of inventorship in inter partes review proceedings, with a clear message to the patent community that potential inventorship issues should be considered at every stage of a patent's life cycle, say attorneys at BCLP.

  • Adjusting IPR Tactics As Google Fights 'Settled Expectations'

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    Google’s petition for the U.S. Supreme Court to scrutinize the Patent Trial and Appeal Board's so-called settled expectations practice underscores why accused infringers facing older asserted patents should treat discretionary denial as a case-dispositive risk from day one, says attorney Abdul Abdullahi.

  • 3 Misconceptions About Justices' FCC Fines Ruling

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    The U.S. Supreme Court's June 4 Federal Communications Commission v. AT&T decision rejecting AT&T’s and Verizon’s argument that the commission's forfeiture process violates the Seventh Amendment has yielded three common reactions that misunderstand the decision as a matter of law and how the FCC actually operates, says Samuel Feder at Jenner & Block.

  • SEC Disgorged Fund Distribution Is Next Query After Sripetch

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    Following the Supreme Court's Sripetch v. U.S. Securities and Exchange Commission decision, investor harm isn't required for the SEC to obtain a disgorgement award, but future cases must resolve whether the commission will be freed from a requirement to distribute disgorged funds to the victims of alleged misconduct, says Daniel Walfish at Katsky Korins.

  • If Upheld, Wash. Millionaire Tax Could Upend State Law

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    The Washington Supreme Court could open the door to broader income, rental and corporate taxes if it defies precedent and the historically established desires of voters by redefining the state constitution's concepts of “income” and “property” to uphold a new tax on wages over $1 million, says Richard Birmingham at Davis Wright.

  • Trump Admin's Agency Records Purge Tests Judicial Notice

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    While courts commonly take judicial notice of data in government websites and reports, the Trump administration's recent modification or wholesale deletion of these sources means that litigants must look elsewhere to support trial admission of this information, says Jon Gryskiewicz at Lewis Baach.

  • Series

    Cow Horse Makes Me A Better Lawyer

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    Moving an unwilling 800-pound cow while riding a horse at high speed is exhilarating, a little unhinged and, at least for me, a surprisingly effective training ground for litigation — both demand focus, preparation over rigid planning and the willingness to act despite fear, says Ashley Zitrin at Glenn Agre.

  • Fla. Driver Ruling Shows Renewed Focus On Privacy Standing

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    A Florida federal court's recent dismissal of a class action alleging that private driving records had been improperly used in violation of the Driver's Privacy Protection Act suggests that companies defending against privacy class actions in Florida may reconsider Article III challenges at the dismissal stage, say attorneys at Sidley.

  • Vax Ruling Offers Employer Tips For Handling Political Speech

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    A California appeals court's recent decision in Rademacher v. ABC, rejecting a "General Hospital" actor's suit alleging he was terminated for opposing a vaccine policy, demonstrates the importance of the employer's process, including neutral policies, documentation, and evidence of who knew what and when, say attorneys at Krevolin Horst.

  • O Brother, Where Art DAO? Jurisdiction Issues Abound

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    While there is a dearth of decisions examining a decentralized autonomous organization's citizenship for diversity jurisdiction purposes, Second Circuit case law has defined citizenship for other unincorporated entities, which may guide how courts evaluate an increasing number of cases involving DAOs, says Michael Mix at Morrison Cohen.

  • Protecting AI-Driven Innovation In Life Sciences IP

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    Recent developments, including the U.S. Patent and Trademark Office's evolving inventorship standards, and the impact of artificial intelligence on the "person of ordinary skill in the art" standard demand that life sciences companies elevate AI patent strategy to a top priority, says Sandra Haberny at Quinn Emanuel.

  • 2nd Circ. Ruling Notably Limits Sentencing Courts' Discretion

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    The Second Circuit’s recent decision in U.S. v. Dralle clarifies the bounds of sentencing courts’ ability to consider uncharged or co-defendant conduct without tying it to statutory sentencing factors, and it may have broader implications for limiting loss attribution in white collar and other criminal cases, say attorneys at Lowenstein Sandler.

  • High Court's Hikma Decision Reshapes 'Skinny Label' Suits

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    The U.S. Supreme Court's decision in Hikma v. Amarin marks a significant victory for generic drug manufacturers, but rather than putting an end to so-called skinny label inducement claims, it narrows and refocuses them, say attorneys at Sterne Kessler.

  • Opinion

    At High Court, Oil Cos.' Suncor Preemption Claims Fall Short

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    In Suncor Energy v. Boulder County, pending before the U.S. Supreme Court, oil and gas companies argue that municipalities' climate deception claims are equivalent to emissions standards for their industry — but the suit is ultimately incapable of imposing such standards, say Thomas McGarity at the University of Texas School of Law and James Goodwin at the Center for Progressive Reform.

  • 3 Disgorgement Questions Linger After Justices' SEC Ruling

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    While the U.S. Supreme Court’s recent decision in Sripetch v. U.S. Securities and Exchange Commission avoided placing new limits on the SEC’s disgorgement powers, it passed over several questions, including whether the commission can seek disgorgement when returning the money to investors isn't possible, says David Slovick at Kopecky Schumacher.

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