Appellate

  • November 01, 2024

    Oil Group, Enviro Orgs Clash Over Offshore Drilling Plan

    Environmental groups and the American Petroleum Institute filed sparring briefs in an appeal before the D.C. Circuit over the U.S. Department of the Interior's 2024-2029 offshore oil and gas leasing program, each arguing that the agency wasn't legally obligated to satisfy the other's demands.

  • November 01, 2024

    4 Appellate Arguments Benefits Attys Should Watch In Nov.

    The Second Circuit will weigh battles over retirement plan fees and union benefit contributions, teachers will ask the Ninth Circuit to revive their suit over interest they say is owed on their retirement accounts and the Eleventh Circuit will mull a constitutional challenge to a Florida gender-affirming care ban. Here are four upcoming arguments that benefits lawyers should have on their radar.

  • November 01, 2024

    Up Next At High Court: Fed Funds And Securities Risks

    The U.S. Supreme Court will return to the bench Monday for its November arguments session, which will start off with a debate over whether the Federal Communications Commission telecom subsidy program involves federal funds subject to the False Claims Act, and on Tuesday how Medicare funding should be calculated for hospitals that serve large numbers of low-income patients.

  • November 01, 2024

    3 Things To Know About The NC Supreme Court Race

    Democrats in North Carolina are hoping to preserve their shrinking presence on the North Carolina Supreme Court as Republicans look to flip another seat in the state's only high court race on Nov. 5.

  • November 01, 2024

    Meet The Florida Justices Up For Retention Votes

    Justices Renatha Francis and Meredith Sasso — the newest members of the Florida Supreme Court — will be on Tuesday's ballot in retention elections, giving Sunshine State voters a chance to decide whether to keep them on the bench for full six-year terms.

  • November 01, 2024

    Pennsylvania's Attorney General Race: Four Things To Know

    In the race for Pennsylvania attorney general, a former county prosecutor and a two-term auditor general are facing off for the chance to be the Keystone State's top lawyer — both with ties to York, Pennsylvania, and Widener University Commonwealth Law School in Harrisburg. But whether they'd be more at home in the office's criminal prosecution or civil litigation roles depends on the candidate.

  • November 01, 2024

    Garden State Father-Son Attys Must Face Enviro Group's Suit

    The New Jersey state appeals court reinstated a lawsuit against a father-son pair of attorneys on Friday in which a nonprofit organization accused them of violating environmental rules on their properties on the Jersey shore.

  • November 01, 2024

    Off The Bench: Horse Racing Ruling Halted, Fla. Betting Deal

    In this week's Off The Bench, supporters of the organization overseeing federal horse-racing laws got a helping hand from the U.S. Supreme Court, the feud between a Florida tribe and state casino interests ends in a truce, and the NBA wants the details of its disputed media rights deal kept out of the public eye.

  • November 01, 2024

    Ga. Justices Uphold Toss Of Lawmakers' Capitol Protest Suit

    The Georgia Supreme Court on Thursday upheld the dismissal of a lawsuit filed by a former state lawmaker, a current state lawmaker and several others who argued that a law used to justify their arrests while protesting at the state Capitol was unconstitutionally overbroad.

  • November 01, 2024

    Ex-Gas Co. Worker Seeks Justices Review On 'Honest Belief'

    A former mechanic for a Baltimore gas company has asked the U.S. Supreme Court to review a Fourth Circuit decision that found it was not discriminatory for his ex-employer to fire him over an issue with time off under the Family and Medical Leave Act because the company believed he took the leave dishonestly.

  • November 01, 2024

    Michigan's Supreme Court Tosses Pandemic Powers Ruling

    The Michigan Supreme Court on Friday cast aside a ruling that invalidated a public health law used during the COVID-19 pandemic to curb gatherings and close restaurants, saying the issue is moot because orders issued under the law expired years ago.

  • November 01, 2024

    Law Firms Pour Money Into Texas Supreme Court Races

    The races to fill three seats on the Texas Supreme Court have drawn thousands of dollars in campaign donations from BigLaw, midsize and small firms, with the largest sets of contributions mostly going to the Republican incumbents seeking reelection in Tuesday's matchups, a Law360 Pulse analysis has found.

  • October 31, 2024

    Ex-Goldman Exec Says 1MDB Judge Thwarted His Defense

    Former Goldman Sachs executive Roger Ng on Thursday told the Second Circuit that his trial defense over the massive $6.5 billion 1MDB scheme was marred by the wrongful exclusion of video evidence that supported his claim that $35 million he received in alleged kickbacks was actually investment proceeds.

  • October 31, 2024

    3rd Circ. Preview: Boy Scouts' Cap. 11 Plan Row Tops Nov.

    The future of the Boy Scouts of America's Chapter 11 bankruptcy plan is set to be determined by the Third Circuit this month, with the court poised to consider whether recent U.S. Supreme Court precedent on bankruptcies and settlements allows the reopening of the plan.

  • October 31, 2024

    2nd Circ. Draws BDO Back In Investor Suit In Revised Opinion

    The Second Circuit on Thursday reversed course in an amended opinion about an investor suit over financial restatements made by AmTrust Financial Services Inc., finding that auditor BDO USA LLP is not off the hook for certifying the insurer's financial statements.

  • October 31, 2024

    Judge Suggests Condo Builder's $19M Jury Win Should Stand

    A Washington appeals court judge asked Thursday why a $19 million trial verdict in favor of Skanska USA Building Inc. should be overturned, saying determining the facts in the condo project construction dispute that led to the verdict seemed like something for the jury to answer.

  • October 31, 2024

    GOP Groups Urge 11th Circ. To Restore Ga. Election Law

    National and Georgia state Republican political committees have pressed the Eleventh Circuit to overturn a lower court's order that paused controversial portions of a Peach State election bill, arguing the law is legal and needed to ensure secure elections.

  • October 31, 2024

    2nd Circ. Says Naturalized Citizens Owed Adequate Counsel

    The full Second Circuit determined Thursday that a naturalized U.S. citizen considering whether to enter a guilty plea has a constitutional right to be advised by counsel that they may lose their citizenship as a result.

  • October 31, 2024

    NY Court Urged To Reject 'Audacious' Shareholder Test Cases

    Leading business groups have come to the aid of Bayer AG and Barclays PLC as the companies seek to fend off a pair of "audacious" test cases that have landed in New York's highest court, with the groups arguing that allowing the lawsuits to move forward would flood the state court with derivative lawsuits against foreign companies and overturn decades of precedent.

  • October 31, 2024

    Fed. Circ. Backs PTAB Invalidation Of 3 Centripetal Patents

    The Federal Circuit on Thursday upheld a set of Patent Trial and Appeal Board decisions that found three Centripetal Networks patents that cover detecting network threats were invalid, agreeing they were too obvious to warrant patent protection.

  • October 31, 2024

    $268K Fee Challenge Nixed In 9th Circ. Chevron Award Suit

    The Ninth Circuit on Wednesday refused to reconsider its order slapping a six-figure fine against a Seattle attorney for fabricating a news article to bolster his clients' efforts to enforce an allegedly fraudulent $18 billion arbitral award against Chevron, effectively ending the long-running saga for now.

  • October 31, 2024

    1st Circ. Urged To Rethink Ruling On Maine Cannabis Grow

    The First Circuit should reconsider its decision to allow the prosecution of a Maine marijuana entrepreneur whom the Feds say was operating an illicit grow site, arguing that it's unclear how far a licensed operator can stray from state cannabis law before federal law enforcement can get involved.

  • October 31, 2024

    EPA Can't Declare La. Deadline Extension Invalid, 5th Circ. Told

    A Louisiana neoprene maker on Wednesday told the Fifth Circuit that the U.S. Environmental Protection Agency has no authority to invalidate a two-year compliance deadline extension that the state granted to the company, which is being sued by the EPA.

  • October 31, 2024

    4th Circ. Told Door-Maker's $10M Claim Double-Dips Coverage

    A Travelers unit says it shouldn't have to fork over $10 million in excess coverage to a North Carolina door manufacturer that paid $39.5 million to settle a securities class action, telling the Fourth Circuit that the case stems from a flurry of antitrust litigation that began before its policy went into effect.

  • October 31, 2024

    Ga. Justices Kill Free Speech Challenge To Strip Club Tax

    A Georgia tax on strip clubs that's used to fund child trafficking prevention efforts has been upheld by the state's highest court, which said in a split decision that a First Amendment challenge to the tax by club owners failed to show the levy limited their speech.

Expert Analysis

  • Series

    After Chevron: The Future Of OSHA Enforcement Litigation

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    The U.S. Supreme Court's opinion in Loper Bright provides a blueprint for overruling the judicial obligation to defer to an agency's interpretation of its own regulations established by Auer, an outcome that would profoundly change the Occupational Safety and Health Administration’s litigation and rulemaking landscape, say attorneys at Ogletree.

  • What Hawaii High Court Got Right And Wrong In AIG Ruling

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    Though the Hawaii Supreme Court in its recent Aloha Petroleum v. National Union Fire Insurance decision correctly adopted the majority rule that recklessly caused harm is an accident for coverage purposes, it erred in its interpretation of the pollution exclusion by characterizing climate change as "traditional environmental pollution," say attorneys at Haynes Boone.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • Amazon Holiday Pay Case Underscores Overtime Challenges

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    The recent Hamilton v. Amazon.com Services LLC decision in the Colorado Supreme Court underscores why employers must always consult applicable state law and regulations — in addition to federal law — when determining how to properly pay employees who work more than 40 hours in a workweek, says James Looby at Vedder Price.

  • Opinion

    It's Time To Sound The Alarm About Lost Labor Rights

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    In the Fifth Circuit, recent rulings from judges appointed by former President Donald Trump have dismantled workers’ core labor rights, a troubling trend that we cannot risk extending under another Trump administration, say Sharon Block and Raj Nayak at the Center for Labor and a Just Economy.

  • Anticipating Jarkesy's Effect On Bank Agency Enforcement

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    Following the U.S. Supreme Court’s decision in U.S. Securities and Exchange Commission v. Jarkesy, federal courts may eventually issue decisions on banking law principles and processes that could fundamentally alter the agencies' enforcement action framework, and the relationship between banks and examiners, says Brendan Clegg at Luse Gorman.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • Peeling Back The Layers Of SEC's Equity Trading Reforms

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    The U.S. Securities and Exchange Commission's recently adopted amendments lowering the tick sizes for stock trading and reducing access fee caps will benefit investors and necessitate broad systems changes — if they can first survive judicial challenges, say attorneys at Sidley.

  • 5th Circ. DOL Tip Decision May Trigger Final 80/20 Rule Fight

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    A recent Fifth Circuit decision concerning a Labor Department rule that limits how often tipped employees can be assigned non-tip-producing duties could be challenged in either historically rule-friendly circuits or the Supreme Court, but either way it could shape the future of tipped work, says Kevin Johnson at Johnson Jackson.

  • Strategies To Avoid Patent Issues In AI Drug Discovery

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    Artificial intelligence has the potential to improve drug discovery and design, but companies should consider a variety of factors when patenting drugs created using AI systems, including guidance from the U.S. Patent and Trademark Office and methods for protecting patent eligibility, say attorneys at Ropes & Gray.

  • What Being An 'Insider' Means In Ch. 11, And Why It Matters

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    As borrowers grapple with approaching near-term maturities on corporate debt, lenders should be proactive in mitigating the risks of being classified as an insider in potential bankruptcies, including heightened scrutiny, preference risk, plan voting and more, say David Hillman and Steve Ma at Proskauer.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • Navigating The Bankruptcy Terrain After Purdue Pharma

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    The U.S. Supreme Court’s June ruling in Harrington v. Purdue Pharma is having a significant impact on bankruptcies, with recent cases addressing nonconsensual third-party releases and opt-out mechanisms, and highlighting strategies practitioners can employ to avoid running afoul of the decision, say Brett Axelrod and Agostino Zammiello at Fox Rothschild.

  • 5 Considerations For Obviousness-Type Double Patenting

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    The U.S. Supreme Court’s recent denial of certiorari for In re: Cellect highlights the current state of obviousness-type double patenting based on that case and another recent Federal Circuit decision, including that ODP is not fatal, that divisional applications are protected from ODP and more, says Fabian Koenigbauer at Ice Miller.

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