• November 25, 2015

    Business Groups Urge DC Circ. To Nix FCC's TCPA Expansion

    Collection company trade group ACA International, the U.S. Chamber of Commerce and other businesses and organizations on Wednesday urged the D.C. Circuit to overturn the Federal Communications Commission's order expanding the Telephone Consumer Protection Act to forbid use of autodialing systems, saying it goes too far and chills legitimate communication.

  • November 25, 2015

    Texas Appeals Court Dumps Longview's $600M Shale Win

    A Texas appeals court on Wednesday tossed an estimated $600 million judgment against Huff Energy Fund LP over Eagle Ford Shale mineral rights, ruling there was insufficient evidence to find Longview Energy Co. had a legitimate opportunity to obtain the disputed property.

  • November 25, 2015

    5th Circ. Upholds $156M Antitrust Award Over Steel Boycott

    The Fifth Circuit on Tuesday affirmed a $156 million damages award in steel distributor MM Steel LP’s antitrust suit against manufacturer JSW Steel USA Inc., ruling substantial evidence was presented at trial to conclude that JSW knowingly conspired with MM Steel’s rival distributors to refuse to deal with the company.

  • November 25, 2015

    House Panel, Ex-Aide Take SEC Subpoena Fight To 2nd Circ.

    The U.S. House of Representatives Ways and Means Committee and a former staffer on Wednesday told a New York federal judge they shouldn't have to respond to a U.S. Securities and Exchange Commission subpoena request in a health care insider-trading probe before appealing its imposition.

  • November 25, 2015

    Apple's PTAB Triumph Can't Stand, Arendi Tells Fed. Circ.

    The Patent Trial and Appeal Board erred in invalidating an Arendi S.A.R.L. computer data patent challenged by Apple, Google and Motorola by basing its decision in part on “common sense” rather than on concrete evidence, the company told the Federal Circuit on Tuesday.

  • November 25, 2015

    Minn. Towns Ask 8th Circ. To Preserve Tribal Sanctions

    Eight Minnesota counties and townships asked the Eighth Circuit on Tuesday to uphold a lower court’s June order sanctioning descendants of the Mdewakanton people for allegedly bringing frivolous claims in a land dispute, saying the descendants had no valid claim to a 12-square-mile tract.

  • November 25, 2015

    Texas AG, Others Support Obamacare Tax Row In High Court

    Attorneys general for Texas, Florida and eight other states urged the U.S. Supreme Court on Wednesday to consider a petition challenging the tax on individuals opting out of Affordable Care Act insurance, saying the measure wasn’t enacted constitutionally.

  • November 25, 2015

    JetBlue Not Part Of Defamed Passenger Suit, 1st Circ. Hears

    JetBlue Airlines has asked the First Circuit to keep a customer’s defamation suit over an interaction with a flight attendant buried, saying a Massachusetts federal court correctly dismissed it because the customer only claimed news reports, not the airline, defamed him.

  • November 25, 2015

    Appellate MVP: Ropes & Gray's Doug Hallward-Driemeier

    Ropes & Gray LLP partner Douglas Hallward-Driemeier will forever be linked with the U.S. Supreme Court's landmark decision defining same-sex marriage as a constitutional right, but that case is part of a thick portfolio of top-flight legal work that has earned him a place among Law360's Appellate MVPs for 2015.

  • November 25, 2015

    3rd Circ. Finds FCC's ISP Jurisdiction Not Exclusive

    The Third Circuit overturned Wednesday a Pennsylvania district court’s finding that AT&T did not have to pay Core Communications Inc. for terminating calls from AT&T customers to Core’s Internet service provider customers, saying in a precedential opinion that state commissions have some say over local ISP-bound traffic.

  • November 25, 2015

    P&G Says Fixodent Users' Appeal Is Backed By Bad Evidence

    Proctor & Gamble recently urged the Eleventh Circuit not to revive multidistrict litigation claiming that zinc in Fixodent denture glue can cause neurological damage, saying a lower court didn’t err in concluding scientific evidence submitted by the denture users was too unreliable.

  • November 25, 2015

    Jackson Walker Nabs 2 Appellate Pros From Sutherland

    A former Texas appeals court justice and a former state principal deputy solicitor general will take over the appellate group at Jackson Walker LLP in Austin after heading Sutherland Asbill & Brennan LLP’s appellate practice, drawing on their experience navigating high-profile matters, the firm announced on Tuesday.

  • November 25, 2015

    Turtles Say SiriusXM Is Off Track On Fla. Property Law

    Members of The Turtles rock band argued Tuesday that Sirius XM Radio is employing a misguided “anything but Florida law” strategy to try to convince the Eleventh Circuit to affirm a lower court's finding that the band doesn't hold a performance right to their pre-1972 recordings.

  • November 25, 2015

    Medicines Co. Asks Fed. Circ. To Reopen IP Fight With Mylan

    The Medicines Co. on Tuesday asked the Federal Circuit to reopen a case in which it reversed an infringement ruling against Mylan Inc. for a patent for the anticoagulant Angiomax, as the court has agreed to reconsider the patent’s validity in another suit.

  • November 25, 2015

    Justices Must Fix Circuit Split On Tribal Convictions, US Says

    The U.S. Department of Justice has urged the U.S. Supreme Court to reconsider a Ninth Circuit decision that tossed a Native American man’s domestic assault indictment, saying a circuit split over the use of tribal court convictions in federal prosecutions of repeat domestic violence offenders won't be resolved without the high court's intervention.

  • November 25, 2015

    Calif. City Loses Appeal Of Insurance Coverage Dispute

    A California appeals court on Wednesday upheld a lower court's ruling that American Alternative Insurance Corp. owed no duty to defend the city of San Bernardino's water department in a breach of contract suit, saying the policy excluded such actions.

  • November 25, 2015

    2nd Circ. Affirms 10-Year Sentence For NY Ponzi Schemer

    A Second Circuit panel on Wednesday affirmed a 121-month prison sentence handed down to a New York broker-dealer who pled guilty in 2011 to running a Ponzi scheme to finance his real estate investments, saying the district court was right to count spouses as separate victims.

  • November 25, 2015

    Jury Wrongly Cleared Apple In Emblaze IP Suit, Fed. Circ. Told

    Israeli software firm Emblaze Ltd. has asked the Federal Circuit to toss a district court jury verdict finding Apple Inc. did not induce ESPN Inc., Major League Baseball and others to infringe the firm's video live-streaming technology, arguing that no reasonable jury could have come to that conclusion based on the claims and evidence.

  • November 25, 2015

    Fed. Circ. Won't Alter Injury Findings In Wind Tower Case

    The Federal Circuit on Wednesday upheld the U.S. International Trade Commission's determination that certain wind towers from China and Vietnam had harmed domestic industry, even though four out of six ITC officials determined that domestic producers hadn’t been substantially harmed by the imports during the period of review.

  • November 25, 2015

    7th Circ. Stops Tribal Action Over $50M Bond Sale

    The Seventh Circuit has ruled that Wells Fargo and other financial entities didn’t have to submit to tribal jurisdiction to pursue $46 million in unpaid bond obligations, while also sending the case back to district court to determine if law firm Godfrey & Kahn SC could waive jurisdiction after representing the tribes in the sale.

Expert Analysis

  • OPINION: In Search Of Our Best Law Firm Selves

    James Maiwurm.jpg

    Several developments over the past few months caught the eye of Jim Maiwurm, chairman emeritus of Squire Patton Boggs. Try as he might, he could not resist the temptation to comment on a few — such as the expansion of the Dentons “polycentric” empire, a confused verein controversy, and provocative suggestions that the law firm partnership model is a dinosaur.

  • 5th Circ. Clarifies And Complicates Choice-Of-Law Analysis

    Michael D. Karpeles

    As companies grow and expand into multiple states, determining the applicable law for restrictive covenants can be puzzling. In a case related to the merger of Prosperity Bank in Texas and F&M Bank in Oklahoma, the Fifth Circuit provides a useful road map, but also demonstrates that there is no certainty that the chosen law will be enforced against employees in other states, says Michael Karpeles of Greenberg Traurig LLP.

  • Stop The Madden Madness

    Michael C. Tomkies

    Fairly read, the Second Circuit opinion in Madden v. Midland Funding does not overturn centuries of case law on the so-called "valid when made" doctrine. As plaintiffs have already begun to introduce Madden-related arguments in their filings, it is critical that the financial services industry proactively clarify the limited scope of Madden, say Michael Tomkies and Susan Manship Seaman of Dreher Tomkies LLP.

  • FERC Geographic Proximity Test Rejected — What's Next?

    Anthony B. Cavender

    Developers and private builders subject to the Federal Power Act should carefully consider the implications of the D.C. Circuit's recent opinion on the scope of the “municipal preference” under Section 7(a) of the FPA, say Anthony Cavender and Amy Pierce at Pillsbury Winthrop Shaw Pittman LLP.

  • A Closer Look At Fed. Circ.’s Ruling In ClearCorrect

    Lyle B. Vander Schaaf

    The Federal Circuit's majority opinion in ClearCorrect seems to provide a sweeping pronouncement regarding U.S. International Trade Commission jurisdiction, but the ITC likely will read the opinion narrowly to simply stand for the proposition that, where the only imported item is digital data that is transferred electronically from outside the U.S., the agency does not have jurisdiction, say Lyle Vander Schaaf and Yashas Honasoge o... (continued)

  • New Federal Rules Acknowledge It’s Time To Drop The 'E'

    Gregory Leighton

    The amendments to the Federal Rules of Civil Procedure scheduled to take effect Dec. 1 are designed to usher in a new era in the U.S. litigation system, this time acknowledging that what was once known as “e-discovery” is now just discovery. The amendments are sweeping in scope, but none is more important than the revised Rule 37(e), say Gregory Leighton and Eric Choi of Neal Gerber & Eisenberg LLP.

  • Avoiding Gamesmanship In Appointing Appraisal Umpires

    G. Brian Odom

    A recent decision by the San Antonio Court of Appeals has made it harder for parties looking for a level playing field in the process of seeking a court-appointed umpire for property insurance disputes, says Brian Odom at Zelle Hofmann Voelbel & Mason LLP.

  • Don't Let Mobile App 'Consumer' Become 'Subscriber'

    Zuzana Ikels

    The Eleventh Circuit's recent decision in Ellis v. Cartoon Network addressed a question of first impression at the appellate level — when a user of a free mobile application is a “subscriber” under the Video Privacy Protection Act. But the ruling's implications go far beyond the VPPA. The case illuminates three strategic issues that should be considered in developing mobile apps, says Zuzana Ikels of Polsinelli PC.

  • C-E-R-T! Why Cheerleader Uniform Suit Belongs In High Court

    Edward Maluf

    The Sixth Circuit held last August in Varsity Brands v. Star Athletica that certain design elements of copyright-registered cheerleading uniforms were indeed copyrightable because those elements were conceptually separable from the uniforms themselves. The case provides an opportunity for the U.S. Supreme Court to craft a less subjective and more predictive rule for fashion designs, say Edward Maluf and Amy Abeloff of Seyfarth Shaw LLP.

  • Safe Harbor Needed For Arbitral Rights In Absent Class Claims

    Richard A. Ripley

    To determine a waiver of arbitral rights, circuit courts generally look at whether the party seeking arbitration takes action in litigation inconsistent with its arbitration rights, and whether that action prejudices the plaintiff. However, two 2015 decisions — Checking Account Overdraft Litigation and Healy v. Cox — reveal that framework as an ill-fitting suit when the waiver implicates absent putative class members, says Richard ... (continued)