• October 20, 2016

    DC Circ. Ignored Racial Preferences In SBA, Contractor Says

    A D.C. Circuit panel’s decision upholding a Small Business Administration program that grants contracts to disadvantaged businesses conflicts with prior circuit precedent and ignores mandatory racial preferences in the Small Business Act, a contractor claimed Wednesday in a request for en banc review.

  • October 20, 2016

    High Court Denies Consumers Cert. In P&G Fixodent MDL

    The U.S. Supreme Court has declined to hear a case against Procter & Gamble Co. and Wal-Mart Stores Inc. brought by consumers claiming that zinc in Fixodent denture glue can cause neurological damage.

  • October 20, 2016

    Real Estate Investors Ask 9th Circ. To Toss Fraud Verdict

    Two real estate developers appealed their convictions in a $10.5 million fraud scheme before the Ninth Circuit on Thursday, with one arguing the jury wasn’t instructed on interpreting mail fraud charges and the other saying his case should have been severed from that of his partner, who “savaged” him at trial.

  • October 20, 2016

    Insurer Suit Barred After Condo Settlement, NJ Court Says

    The New Jersey Appellate Division on Thursday upheld a lower court ruling dismissing an insurance company's lawsuit against an engineering firm over damages to a condo during a renovation project, finding the complaint was filed after the homeowner had already settled related claims.

  • October 20, 2016

    NY Atty Loses 2nd TCPA Appeal In A Week At 2nd Circ.

    The Second Circuit dealt another blow to an attorney proceeding pro se days after refusing to revive his Telephone Consumer Protection Act suit against Uber, holding Thursday that he lacks standing to bring similar class claims against Alliance Health Networks LLC and Medsource Rx Pharmacy LLC after the companies paid him $5,004.

  • October 20, 2016

    8th Circ. Won't Rethink Negligence Verdict Against BNSF

    BNSF Railway Co. still must pay $3.7 million to the families of two employees who died in a highway accident in a company-contracted shuttle, after the Eighth Circuit on Wednesday refused to reconsider its recent decision affirming the federal jury’s negligence verdict against the railroad.

  • October 20, 2016

    Nixon Peabody Asks Calif. Appeals Court To Scrap Sanctions

    Nixon Peabody LLP told a California appeals court on Thursday it shouldn't have to pay attorneys’ fees to an imprisoned former partner as a sanction for unsuccessfully appealing a ruling in the ex-partner's contract suit, arguing the the appellate court never said the earlier appeal was frivolous.

  • October 20, 2016

    Father Seeks To Revive BMW Wrongful Death Suit At 8th Circ.

    A father alleging that his son died because of a defective car jack urged the Eighth Circuit on Wednesday to revive his litigation against BMW, contending that a South Dakota federal judge should have let a jury decide whether the jack was misused and whether that use was foreseeable.

  • October 20, 2016

    Staffing Pros Tell 9th Circ. The Job Is Menial, Merits OT

    A putative class of staffing coordinators asked the Ninth Circuit Thursday to reverse a ruling that found the work of matching nurses with hospitals for Arizona-based Concentric Healthcare Solutions doesn’t qualify for overtime pay under federal law, arguing they don't exercise enough discretion to count as overtime-exempt managers.

  • October 20, 2016

    Evanston Wants Redo In Sewage Injury Coverage Suit

    Evanston Insurance Co. urged an Alabama federal court Thursday to reconsider its decision denying a judgment on the insurer’s claim it didn’t have to cover a policyholder facing suits over injuries and property damage stemming from sewage overflow, saying the court erred in the application of a pollution exclusion.

  • October 20, 2016

    9th Circ. Says BIA Correctly Denied Fathers' Applications

    The Board of Immigration Appeals correctly denied applications from two people arguing they needed to stay in the United States to care for their children after their sons turned 21 during the application process, the Ninth Circuit said Thursday.

  • October 20, 2016

    Ex-Ascent Exec Wants Proskauer Malpractice Suit Revived

    A former Ascent Media Group LLC on Thursday executive urged a California appeals court to revive his legal malpractice suit against Proskauer Rose LLP, arguing that it was a conflict of interest for Proskauer to represent both him and the company when resolving sexual harassment investigations against him.

  • October 20, 2016

    2nd Circ. Lets Locke Lord Weigh In On Swiss Knife DQ Fight

    The Second Circuit on Thursday granted Locke Lord LLP's request to intervene in an appeal of a successful trademark case lodged by its client, Swiss Army knife maker Victorinox AG, against a Texas-based competitor that previously sought to disqualify the law firm due to alleged conflicts.

  • October 20, 2016

    NY Court Sides With Developers In Atlantic Yards Bond Row

    A split New York state appellate court on Thursday cleared the initial developer of a $117 million Brooklyn project of allegations it violated state lien statutes when it failed to post a bond to secure the project.

  • October 20, 2016

    GSK, Teva Urge High Court To Review Pay-For-Delay Accords

    GlaxoSmithKline and Teva urged the U.S. Supreme Court on Wednesday to review their challenge of a Third Circuit decision allowing a pay-for-delay case over the seizure drug Lamictal to move forward, saying the U.S. Solicitor General’s recent recommendation that the high court deny review was flawed.

  • October 20, 2016

    Timberlake, Spears Lose Fees In Fed. Circ. Patent Row

    Justin Timberlake and Britney Spears may be crying a river after the Federal Circuit on Thursday vacated a lower court’s order that a jumbo television company pay them attorneys’ fees for filing “voracious and frivolous” patent infringement litigation against the artists.

  • October 20, 2016

    Construction Co. Urges 11th Circ. To Rethink Roof Coverage

    Core Construction Services Southeast Inc. asked the Eleventh Circuit on Wednesday to rehear an appeal concerning insurer Crum & Forster's obligations in a $2.5 million fight over hurricane damage to a condo complex.

  • October 20, 2016

    Arista Looks To Nix ITC Cisco Patent Ruling At Fed. Circ.

    Arista Networks Inc. has asked the Federal Circuit to reverse an International Trade Commission ruling that it infringed a patent owned by Cisco Systems Inc. relating to Ethernet switch products, saying the commission’s claim construction for the patent was wrong.

  • October 20, 2016

    17 State AGs Back High Court Challenge To Atty Fees

    A coalition of 17 state attorneys general urged the U.S. Supreme Court on Wednesday to hear a settlement dispute in a consumer class action, arguing that a Sixth Circuit decision opens the door for collusion between class counsel and defendants.

  • October 20, 2016

    Merck Tells Justices Only Public Sales Trigger On-Sale Bar

    Merck and Bayer have asked the U.S. Supreme Court to rule that only public sales of a product before a patent application is filed render a patent invalid under the on-sale bar, arguing that the Federal Circuit has wrongly held for years that even secret sales trigger the bar.

Expert Analysis

  • Calif. High Court Scrutinizes On-Call Rest Breaks

    Barbara L. Harris Chiang

    The California Supreme Court's decision in Augustus v. ABM Security Services may have a huge impact on how employers handle rest breaks. If the court of appeal’s decision is reversed, and the court adopts a rule similar to the one set by the trial court, employers who have on-call policies, or informal requirements that employees be reachable during breaks, may face substantial liability for past and future practices, say attorneys... (continued)

  • Apple V. Samsung: Consumer Input In Design Patent Cases

    Betsy D. Gelb

    Samsung was joined by the U.S. Department of Justice in suggesting that a fact-finder conduct a test to determine how much of the value of a technology product was due to its design patents. That approach appears tailor-made for consumer research. The precedents come from litigation over infringement of utility patents, say Betsy Gelb, a professor at the University of Houston's Bauer College of Business, and Gabriel Gelb of Endeavor Management.

  • When Your Client Is The President


    I went to the law books, where I discovered the crime of “obstruction of justice,” and realized I was right in the middle of a criminal conspiracy. I didn't fully understand my conduct during Watergate until — decades later — I learned about the psychology of cover-up at work, says John Dean, who served as White House counsel for President Richard Nixon.

  • Definition Of 'Disposal' Limits CERCLA's Applicability

    Joshua L. Milrad

    In Pakootas v. Teck Cominco Metals the Ninth Circuit ruled that contamination through aerial emission does not constitute a “disposal” under the Comprehensive Environmental Response, Compensation and Liability Act. The decision demonstrates that the meaning of the word “disposal” based on how the contamination occurred continues to dictate how the law can be applied, say Joshua Milrad and Minning Yu of Goldberg Segalla LLP.

  • Trial Pros’ Secret To Courtroom Success

     Jamin S. Soderstrom

    Somewhat surprisingly, very few of the dozens of "trial pros" who have been interviewed by Law360 have revealed the secret to effective trial preparation that is vital to their success. But ultimately, the “secret” to effective trial preparation is not actually a secret, says Jamin Soderstrom of Soderstrom Law PC.

  • Re-Examining Fair Consideration For Restrictive Covenants

    Peter A. Steinmeyer

    In Reed v. Getco an Illinois appeals court recently ruled that Getco could not waive an employee's noncompete period in order to avoid paying him for a post-employment noncompetition period. In the last few years courts in multiple states have considered similar disputes and in light of this judicial climate employers have been exploring the meaning of “consideration” in the noncompete context, says Peter Steinmeyer of Epstein Becker & Green PC.

  • Preparing For Changes To Federal Appellate Rules

    Matthew J. Dowd

    On Dec. 1, 2016, several important amendments to the Federal Rules of Appellate Procedure take effect. The most impactful amendment is the shortening of the permissible length of appellate briefs, which will affect many appeals and will have a particularly significant impact on complex appeals such as patent cases, says Matthew Dowd of Dowd PLLC.

  • Fed. Circ. Radically Changes The Law Of Obviousness

    Mark Hannemann

    The Federal Circuit's recent obviousness decision in Apple v. Samsung contradicts almost 200 years of consistent U.S. Supreme Court precedent. The mistake in the en banc majority opinion was not in how it applied the standards of review, but rather in the question to which it applied them, say attorneys with Shearman & Sterling LLP.

  • How Stale Claims In Bankruptcy Ended Up At High Court

    David N. Anthony

    Last week, the U.S. Supreme Court granted certiorari in Midland Funding v. Johnson, bringing to a head two issues that have been boiling for several years — whether the filing of an accurate proof of claim for an unextinguished time-barred debt in a bankruptcy proceeding violates the Fair Debt Collection Practices Act, and whether the Bankruptcy Code precludes the application of the FDCPA to that filing, say David Anthony and Andre... (continued)

  • Calif. High Court Throws Wrench In Cooperative Federalism

    Samuel L. Brown

    The holding and logic of the California Supreme Court’s recent decision in Department of Finance v. Commission on State Mandates has the potential for significant implications in California and nationwide. Importantly, the logic of the decision could apply to any cooperative federalism-based environmental statute, potentially opening the door to other challenges to state implementation of federal laws, says Samuel Brown of Hunton & Williams LLP.