Appellate

  • June 05, 2026

    Ga. Panel Affirms Anti-SLAPP Award In Atty Defamation Row

    A Georgia appellate court affirmed the awarding of legal fees under the state's anti-Strategic Lawsuits Against Public Participation statute to two attorneys who were sued for defamation by another attorney after he was accused of Fair Debt Collection Practices Act violations in federal court.

  • June 05, 2026

    Trade Court Backs Off Making CBP Chief Testify On Refunds

    The U.S. Court of International Trade judge handling the tariff refund cases for importers seeking refunds of unlawful duties amended his order that instructed the head of U.S. Customs and Border Protection to appear at a hearing.

  • June 05, 2026

    Fed. Circ. Backs Melinta Patent Win In Injections Case

    Nexus Pharmaceuticals lost its appeal of an Illinois federal judge's finding that it infringed a pair of patents relating to a line of injections that treat infections, after the Federal Circuit on Friday shot down the drugmaker's challenge to the lower court's interpretation of key patent terms.

  • June 05, 2026

    Ex-Mich. Hockey Team Exec Loses Appeal In Team Sale Suit

    A Michigan appeals court panel has declined to revive former Muskegon Lumberjacks executive Michael McCall's lawsuit seeking a cut of the minor league hockey team's sale, reasoning that McCall did not actually broker the deal. 

  • June 05, 2026

    4th Circ. Upholds Sanctions For Late Copyright Damages Info

    The Fourth Circuit affirmed a ruling that excluded a software company's damages evidence and granted summary judgment to its competitor, saying in a published opinion Friday that the plaintiff's repeated failure to disclose its damages calculation justified sanctions that effectively doomed its copyright, false advertising and contract claims.

  • June 05, 2026

    Colo. Panel Says Medical POA Doesn't Extend To Arbitration

    A medical power of attorney does not let an agent agree to arbitration unless that power is expressly granted, a Colorado appeals panel held, affirming a nursing home's loss in its bid to force arbitration in a negligence and wrongful death suit.

  • June 05, 2026

    Fed. Circ. OKs Google, Microsoft Win Over Device Locator IP

    The Federal Circuit on Friday rejected an inventor's attempt to revive claims in her computer-locating patents challenged by Google and Microsoft, backing the Patent Trial and Appeal Board's decisions that they were invalid.

  • June 05, 2026

    5th Circ. Backs Texas Cop In Mistaken-Identity Shooting Suit

    The Fifth Circuit has ruled that a man who was shot by police in a case of mistaken identity will not be able to move forward with his civil suit because the officer did not violate his civil rights and is covered by qualified immunity.

  • June 05, 2026

    CMS Hemp Program Foes Take Standing Fight To DC Circ.

    A group challenging a Centers for Medicare & Medicaid Services program to give patients access to federally legal hemp products will bring their case to the D.C. Circuit Court of Appeals after a federal judge tossed their petition for lack of standing last month.

  • June 05, 2026

    Seton Hall Prof Can't Get 2nd Chance At Indian Bias Suit

    An associate professor at Seton Hall University can't reopen his lawsuit claiming he was denied a promotion because he's Asian and Indian, with a New Jersey state appeals court concluding Friday he hadn't shown he was qualified and waited too long to amend his complaint.

  • June 05, 2026

    Fed. Circ. Backs CIT Over 145% Duty On Indian Flanges

    An Indian exporter of steel flanges is stuck with an over 145% antidumping duty after a Federal Circuit panel found the U.S. Department of Commerce's determination was justified because the company repeatedly failed to provide all requested information during a review.

  • June 05, 2026

    Berkeley Dean Views 1952 Opinion As Executive Power Test

    Erwin Chemerinsky, dean of the University of California, Berkeley School of Law, has urged the courts to examine a lesser-known concurring opinion in a 1952 U.S. Supreme Court decision on a steel mill case when judging the modern limits of presidential power.

  • June 05, 2026

    ICE Atty's Bid To Ax Contempt Order Is 'Absurd,' Amicus Says

    A court-appointed amicus curae has told the Eighth Circuit that a Minnesota federal judge was right to hold a government attorney in contempt after finding that U.S. Immigration and Customs Enforcement flouted a court order, leading to a detained man being released hundreds of miles from his home without legal identification.

  • June 05, 2026

    Trust Tells DC Circ. Security Isn't Viable Reason For Ballroom

    The National Trust for Historic Preservation argued to the D.C. Circuit on Friday that the administration can't use national security as a reason to build the ballroom at the White House.

  • June 05, 2026

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen the U.K.'s oldest Indian restaurant launch an appeal against King Charles III's property company in an effort to stop its eviction, trustees of a bankrupt former EY tax partner file a claim against his wife, and 37 leading insurers bring a lawsuit against agrichemical company Syngenta over an insurance dispute. Here, Law360 looks at these and other new claims in the U.K.

  • June 05, 2026

    4 Argument Sessions For Benefits Attys To Watch In June

    The Ninth Circuit will hear from a benefits administrator that claims federal law preempts state-law data breach claims, and Amazon will defend its win in a military leave bias suit at the Second Circuit. Here, Law360 looks at cases being argued in June that benefits attorneys should have on their radar.

  • June 04, 2026

    5th Circ. Unblocks Texas App Age-Check Law During Appeal

    The Fifth Circuit on Thursday paused an injunction halting a Texas law that requires app store owners to verify users' ages and block minors from downloading apps or making in-app purchases without parental consent, saying the state will likely succeed in showing the district court erred in blocking the law.

  • June 04, 2026

    Fla. High Court Backs Accounting Methods In Utility Rate Hike

    The Florida Supreme Court on Thursday upheld the state Public Service Commission's order approving accounting mechanisms used by a natural gas company in a rate increase plan, ruling that the regulator wasn't inconsistent with internal policy and within its discretion to approve the measures.

  • June 04, 2026

    Deepfake Mocks Judge Spearheading Judiciary Deepfake Rule

    The New York federal judge developing policies for phony audiovisual materials revealed Thursday firsthand experience with the subject: an artificial intelligence video on social media that depicts him as a maniacal Nazi who recently sentenced a private equity executive to prison "for being a Republican."

  • June 04, 2026

    Phone Sex Caller Can't Be Sued Over Fatal Big Rig Crash

    A Texas appeals court on Thursday affirmed the dismissal of a suit accusing a woman of distracting a commercial tractor-trailer driver with a phone sex call to his cellphone, causing him to strike and kill another driver, with the court saying remote callers have no duty to control a driver's conduct behind the wheel.

  • June 04, 2026

    Generics Cos. Get More Freedom In High Court Patent Ruling

    The U.S. Supreme Court's decision Thursday shutting down a patent case involving a generic heart drug that uses a so-called skinny label establishes a road map for generics companies to avoid such suits and creates hurdles for branded companies pursuing infringement litigation, attorneys say.

  • June 04, 2026

    9th Circ. Backs FMCSA Block On Calif. Bus Driver Break Rules

    A Ninth Circuit panel on Thursday validated the Federal Motor Carrier Safety Administration's conclusion that national hours-of-service regulations trump California's meal and rest break rules for bus drivers, saying the agency was justified in finding that the Golden State rules strain interstate commerce.

  • June 04, 2026

    Fed. Circ. Seems Iffy On Reversing Atty Fees In Patent Case

    The Federal Circuit didn't seem convinced Thursday morning that it should overturn a lower court's decision to make network testing company Viavi Solutions Inc. pay another company's attorney fees after Viavi unsuccessfully sued it for patent infringement.

  • June 04, 2026

    7th Circ. Upholds Drug-Premises Enhancement In Meth Case

    The Seventh Circuit has upheld a nearly 16-year prison sentence for an Indiana man, finding that a home he used primarily to sell drugs makes him eligible for a prison sentence increase under the federal sentencing guidelines.

  • June 04, 2026

    2nd Circ. Rejects Bid To Rehear $16B YPF Argentina Ruling

    The Second Circuit will not review its decision this year reversing a New York judge's $16 billion judgment against Argentina arising from its nationalization of YPF SA, the country's largest oil and gas exploration company, despite arguments that the ruling was "profoundly misguided."

Expert Analysis

  • What Justices Are Focusing On In 'Skinny Label' Patent Case

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    Though Hikma v. Amarin appears to be a patent dispute that could reshape inducement doctrine in the pharmaceutical context, oral argument suggests the U.S. Supreme Court may treat this as primarily a pleading-stage dispute, with important unresolved questions lurking beneath the surface, says Shashank Upadhye at Upadhye Tang.

  • Employer Tips After 4th Circ. Rejects Trimmed Suit Deadlines

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    The Fourth Circuit's recent holding in Thomas v. EOTech that employers cannot use contractual provisions to shorten statutory filing periods for Title VII or Age Discrimination in Employment Act claims offers a warning for employers to review any such documents and reassess their litigation risk, say attorneys at Ogletree.

  • Binance Win Shows Constraints On Anti-Terrorism Act Claims

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    The Southern District of New York's recent ruling in Troell v. Binance illustrates that the Second Circuit's earlier decision in Ashley v. Deutsche Bank is holding weight with courts, and companies facing aiding and abetting risk should thus monitor evolving case law and assess exposure based on nexus allegations, say attorneys at Freshfields.

  • Understanding The Insider Trading Gap In Prediction Markets

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    While the first-ever insider trading indictment involving a prediction market — the recent prosecution of a service member involved in the capture of Nicolás Maduro — comprised extreme facts and straightforward legal theories, future cases will test the bounds of insider trading law, say attorneys at Baker McKenzie.

  • Heppner Ruling Left AI Privilege Risk For Lawyers Unresolved

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    While a New York federal judge’s recent ruling in U.S. v. Heppner resolved a privilege question surrounding client-side artificial intelligence use, it did not address how to mitigate the risks that can arise when confidential information enters the operative context of an AI system used by an attorney, says Jianfei Chen at Quarles & Brady​​​​​​​.

  • How 10 Years Of Case Law Have Shaped The DTSA

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    As the Defend Trade Secrets Act reaches its 10th anniversary, attorneys at Ropes & Gray examine recent DTSA case law and highlight key takeaways regarding pleading requirements, damages and risk factors.

  • The Ethics And Practicalities Of Representing AI Agents

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    With autonomous artificial intelligence agents now able to take action without explicit instructions from — or the awareness of — their human owners, the bar must confront whether existing frameworks like informed consent and client privilege will be sufficient on the day an AI agent calls seeking counsel, say attorneys at Morrison Cohen.

  • Notable Q1 Updates In Insurance Class Actions

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    Notable insurance class action decisions from the first quarter of the year included reminders about the statute of limitations as a key defense for claims relating to allegedly deficient forms, the importance of focus on the specific contract at issue and further guidance on the contours of Rule 23, says Kevin Zimmerman at BakerHostetler.

  • 9th Circ.'s Silence Prolongs Uncertainty On Cemex Framework

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    By affirming a bargaining order in Cemex Construction Materials v. National Labor Relations Board without opining on the NLRB’s 2023 expansion of its authority to issue such orders, the Ninth Circuit avoided direct conflict with the Sixth Circuit’s rejection of the same framework, prolonging uncertainty for employers facing union elections, say attorneys at Dinsmore & Shohl.

  • Arguments Show Justices Vacillating On Geofence Warrants

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    Questions and statements by the justices during recent oral arguments in Chatrie v. U.S., probing the Fourth Amendment limits of geofence warrants, revealed a Supreme Court that is skeptical of the government’s most sweeping claims, uncomfortable with the petitioner’s broadest theories and searching for a narrow off-ramp, say attorneys at Rogers Joseph.

  • Surveying The CFTC Campaign To Control Prediction Markets

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    The U.S. Commodity Futures Trading Commission is simultaneously asserting exclusive jurisdiction over prediction markets and signaling aggressive enforcement within them, a combination that will reshape the regulatory landscape for event contract platforms — pending the outcome of several court cases throughout the country and a likely circuit split, say attorneys at Paul Weiss.

  • Series

    Speed Jigsaw Puzzling Makes Me A Better Lawyer

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    My passion for speed puzzling — I can complete a 500-piece jigsaw puzzle in under 50 minutes — has sharpened my legal skills in more ways than one, with both disciplines requiring patience, precision and the ability to keep the bigger picture in mind while working through the details, says Tazia Statucki at Proskauer.

  • Documenting Business Purpose After IRS' 10th Circ. Win

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    Following the Tenth Circuit’s recent Liberty Global v. U.S. decision, which held the economic substance doctrine does not require a threshold relevancy determination, taxpayers can prepare for potential audits by maintaining contemporaneous documentation and taking other steps that demonstrate the business purpose of transactions, say attorneys at Crowell & Moring.

  • Why White Collar Juries Resist 'Honest Mistake' Defenses

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    Cases like the bribery conviction of a Cincinnati City Council member recently vacated by the U.S. Supreme Court show juries often reject “I made an honest mistake” as a white collar defense, but attorneys who understand why jurors convict defendants who made reasonable but flawed decisions can strategize around this, says Jonathan Porter at Husch Blackwell.

  • High Court's Cox Ruling Leaves ISP Copyright Rules Intact

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    Though some commentators predicted a cataclysmic impact from the U.S. Supreme Court's recent decision in Cox v. Sony, in actuality the decision correctly maintains the status quo for internet providers' copyright infringement liability, says Courtney Sarnow at CM Law.

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