Appellate

  • February 10, 2016

    Ralphs Tells 9th Circ. Noel Canning Shields Rehiring Docs

    Ralphs Grocery on Wednesday urged the Ninth Circuit to vacate a National Labor Relations Board decision forcing it to provide labor unions with documents from the company's audit of illegal secret rehiring of locked-out employees in 2003, arguing the high court's Noel Canning decision invalidates the ruling.

  • February 10, 2016

    SEC Looks To Reverse Exec Fraud Trial Loss At 9th Circ.

    The U.S. Securities and Exchange Commission on Wednesday urged the Ninth Circuit to find two former top executives of Basin Water Inc. scammed investors by inflating the company's revenues, arguing a trial judge overlooked “overwhelming” evidence in clearing the executives after a civil fraud bench trial.

  • February 10, 2016

    8th Circ. Axes Carnival Co.'s Rehearing Bid In Wage Row

    The Eighth Circuit on Wednesday denied a carnival company's bid for a rehearing of its decision to revive a proposed class action in which guest workers in the H-2B visa program accused the company of breaching their contracts by paying less than the prevailing wage.

  • February 10, 2016

    NY Tribe Pushes For Say In 2nd Circ. Casino Land Dispute

    The Oneida Indian Nation again urged the Second Circuit on Wednesday to allow it to file an amicus brief backing the U.S. Department of the Interior’s decision to take land into trust for the tribe’s New York casino, saying the nonprofit group opposing the bid wrongly asserted that the tribe was raising a new issue.

  • February 10, 2016

    Warner Bros. Again Beats Superman IP Suit In 9th Circ.

    The Ninth Circuit on Wednesday refused a request by Superman co-creator Jerome Siegel’s daughter to revive her suit seeking control of certain Superman copyrights, finding Siegel’s family had transferred its rights to Warner Bros. Entertainment Inc. and subsidiary DC Comics Inc.

  • February 10, 2016

    ACA Birth Control Opt-Out Respects Faith, High Court Hears

    The Obama administration on Wednesday pressed the U.S. Supreme Court to uphold an opt-out process for religious nonprofits opposed to the Affordable Care Act’s contraception mandate, arguing that objectors play no legally significant role in delivering birth control.

  • February 10, 2016

    Fed. Circ. Revives Convolve's Patent Suit Against Compaq

    The Federal Circuit on Wednesday breathed new life into a patent infringement case involving Compaq Computer Corp. and Seagate Technology LLC that has already been pending for nearly 16 years, nixing part of a lower court’s finding that Compaq’s products didn’t infringe a Convolve Inc. hard drive patent. 

  • February 10, 2016

    Eyes On High Court As Fed. Circ. Again Limits AIA Appeals

    The Federal Circuit on Wednesday shut down another argument that would have effectively permitted an end-run around a rule barring appeals of institution decisions in America Invents Act reviews, shifting attention to the U.S. Supreme Court, which will soon hear a case that could permit such appeals.

  • February 10, 2016

    Concessions Stand Not Shielded From OT Law, 2nd Circ. Told

    Two employees who worked at a concessions stand at the Baltimore Orioles’ stadium urged the Second Circuit on Tuesday to revive their lawsuit seeking overtime pay, arguing that under conditions laid out by the Department of Labor in 2009 an exemption to an overtime law did not apply to their jobs.

  • February 10, 2016

    NCAI, Women's Groups Back Reliance On Tribal Convictions

    The National Congress of American Indians and Native American women’s advocacy groups have urged the U.S. Supreme Court to reverse a Ninth Circuit ruling that threw out a Native American man’s federal domestic assault charges, with the NCAI arguing the tribal court convictions the prosecution relied on were fair.

  • February 10, 2016

    Fed. Circ. Backs PTAB Ax Of Gevo Jet Fuel Patent

    A Federal Circuit panel Wednesday summarily upheld the Patent Trial and Appeal Board's finding that a Gevo Inc. renewable jet fuel patent was, in light of prior art, not protected intellectual property.

  • February 10, 2016

    High Court Stay Could Spell Doom For EPA's Clean Power Plan

    The U.S. Supreme Court's surprising and unprecedented decision to block the implementation of the Clean Power Plan while it's being challenged in court is an ominous sign for the U.S. Environmental Protection Agency that its controversial rule may be nixed and ensures the continued balkanization of low-carbon policies among U.S. states.

  • February 10, 2016

    Texas Justices Told Investor Has Standing In DLA Piper Row

    An Australian financier and investor who lost $1.7 million in retirement funds because he took allegedly negligent advice from his attorneys and granted a loan to a now-defunct company has standing to sue DLA Piper under longstanding state law, the Texas Supreme Court was told in oral arguments Wednesday.

  • February 10, 2016

    5th Circ. Won’t Rethink Chesapeake Energy Lease Row Ruling

    The Fifth Circuit on Wednesday refused to rethink its decision that a suit in which a putative class of Texas landowners accuses Chesapeake Energy Corp. of trespassing on foreclosed oil and gas leases belongs in federal court.

  • February 10, 2016

    Trade Group Challenges EPA's Renewable Fuel Standards Rule

    The American Fuel and Petrochemical Manufacturers on Wednesday asked U.S. Court of Appeals for the D.C. Circuit to review a U.S. Environmental Protection Agency rule setting renewable fuel standards, which the group’s president said violates the Clean Air Act.

  • February 10, 2016

    Texas Appeals Court Sanctions 'Cow In The Road' Doctor

    A Texas appellate court Tuesday sanctioned a retired doctor for filing a frivolous appeal, after he argued a lawsuit alleging he was negligent for letting his cattle stray into the road should have been treated as a health care liability claim and dismissed.

  • February 10, 2016

    Del. Justices Urged To Revive GM Shareholders' Ignition Suit

    General Motors shareholders urged the Delaware Supreme Court on Wednesday to overturn a Chancery Court decision tossing their derivative claims that directors acted in bad faith while overseeing the company’s operations in connection with a deadly ignition switch defect, but ran into arguments they were distorting facts and ignoring contrary evidence.

  • February 10, 2016

    7th Circ. Needs To Fix Handling Of Bias Claims, Worker Says

    An Indian woman asked the full Seventh Circuit on Tuesday to review the discrimination case she brought against her former employer, arguing the court needs to fix the way it analyzes employment discrimination claims. 

  • February 10, 2016

    Insurer Ordered To Pay Miami-Dade's Party Injury Settlement

    Admiral Insurance Co. must cover a $575,000 settlement between Miami-Dade County and a woman who fell at a party hosted by her employer at a 100-year-old villa owned by the county, a Florida appeals court ruled Wednesday, reversing a lower court’s decision.

  • February 10, 2016

    High Court Dismisses Achates' Petition In Apple Case

    The U.S. Supreme Court on Tuesday agreed to dismiss a petition that asked it to review whether the Federal Circuit wrongly held in a case accusing Apple of infringement that legal precedent precludes it from weighing the validity of Patent Trial and Appeal Board decisions to grant reviews of patents.

Expert Analysis

  • How Does Skadden Stay No. 1?

    Elizabeth Duffy

    Analyzing the reasons why clients choose certain firms reveals a great deal about what is important and valued in the marketplace. Based on interviews with a random sample of over 600 heads of legal in the largest U.S. organizations, Elizabeth Duffy, vice president of Acritas US Inc., identifies the core brand drivers of Skadden Arps Slate Meagher & Flom LLP.

  • Fannie And Freddie Loans Could Be Next FCA Targets

    Andrew W. Schilling

    The risk of the government applying the False Claims Act to Fannie Mae and Freddie Mac loans is not nearly as remote as it may seem. In fact, the U.S. Department of Justice has already pursued several FCA cases involving government-sponsored enterprise loans, and the number of cases is sure to increase if the government prevails in Adams v. Aurora Loan Services awaiting decision in the Ninth Circuit, says Andrew Schilling, partner ... (continued)

  • OPINION: The Road To Partnership Must Keep Evolving

    Daniel L. Butcher

    In a recent Law360 article it was suggested that promotion to partner was a competition between associates and that taking maternity, paternity or family medical leave could impact an associate's chances at promotion. But this sort of ethos — which may have contributed to law firms’ success in the past — is not the best way to secure the industry's future, says Daniel Butcher, managing partner of Strasburger & Price LLP.

  • A Broad Definition Of 'Value' For Fraudulent Transfers

    Linda J. Z. Young

    In PSN Liquidating Trust v. Intelsat, the Eleventh Circuit held that in the context of constructive fraudulent transfers, “value” may take the form of an economic benefit, either direct or indirect, conferred upon the insolvent debtor by the transferee. The ruling may cause trustees and debtors in possession to pause before deciding to bring constructive fraudulent transfer suits, says Linda Young of Buchanan Ingersoll & Rooney PC.

  • An Uphill Battle For Providers Contesting Network Exclusion

    Fred A. Smith

    As the trend toward more narrow managed care networks continues in the U.S., provider lawsuits concerning exclusions and removals from networks and managed care entities are likely to increase as well. However, a recent decision by an Illinois court demonstrates that courts are hesitant to engage in micromanaging staff and network membership decisions that are made by payors, say attorneys at Sedgwick LLP.

  • 9th Circ. Muddies Loss Causation

    William F. Sullivan

    The Ninth Circuit in Jacksonville Police and Fire Pension Fund v. CVB Financial added another wrinkle to the determination of whether and when the public disclosure of an internal investigation or a government subpoena establishes loss causation under the federal securities laws, say attorneys with Paul Hastings LLP.

  • Disclosures In Public SEC Filings Aren’t Really 'Public' In Calif.

    Pablo Nichols

    The California Court of Appeals recently ruled in Bartlett v. Miller that disclosures made in publicly available U.S. Securities and Exchange Commission filings do not qualify as public disclosures under the California False Claims Act. The decision severely undercuts the policy goal of the CFCA’s public disclosure bar, says Pablo Nichols of Morrison & Foerster LLP.

  • When A Corporate Logjam Ends Badly

    David Treacy

    Who is entitled to assert the rights of an aggrieved corporation when the party that allegedly injured the corporation is a 50 percent shareholder, controls half of the board of directors, and does not want the corporation to pursue litigation? The Kentucky Court of Appeals' answer in Gross v. Adcomm speaks to the scope of fiduciary duties owed by officers and directors in the state, says David Treacy of Dinsmore & Shohl LLP.

  • California Anti-SLAPP In 2015: A Look At The Top Cases

    Thomas R. Burke

    Last year brought new wrinkles and interpretations of California’s anti-SLAPP statute — one of the broadest and strongest statutory protections for free speech and petitioning activities in the nation, say Thomas Burke and Diana Palacios of Davis Wright Tremaine LLP.

  • Putting Fee-Shifting Agreements Inside Arbitration Clauses

    Justin J. Wolosz

    The Massachusetts Supreme Judicial Court decision in Beacon Towers Condominium Trust v. Alex provides a lesson to practitioners in Massachusetts that when drafting contracts with arbitration clauses, any agreement to shift fees should be explicit and contained within the arbitration agreement itself, say Justin Wolosz and Jesse Siegel at Choate Hall & Stewart LLP.