Appellate

  • June 28, 2016

    5th Circ. Reverses NLRB On Gym Chain Arbitration Pacts

    The Fifth Circuit on Monday issued a one-page order reversing a National Labor Relations Board ruling that held class action waivers in 24 Hour Fitness USA’s mandatory arbitration agreements are unlawful after the gym chain argued the circuit’s prior rulings in D.R. Horton and Murphy Oil are binding.

  • June 28, 2016

    9th Circ. Partially Revives Supplement Suit Against GNC

    The Ninth Circuit gave a second chance to some claims in a class action against GNC Corp. and others over a testosterone supplement on Tuesday, saying a district judge wrongly leaned on Wikipedia links in dismissing some claims.

  • June 28, 2016

    Google's 3rd Circ. Win Keeps Door Ajar For Video Privacy Suits

    The Third Circuit's rejection of allegations that Viacom and Google unlawfully tracked minors' video-viewing habits gives companies a boost in defending against Video Protection Privacy Act claims, but the panel's refusal to establish a rule for what constitutes personally identifiable information under the statute will embolden consumers in their challenges of companies' data collection practices.

  • June 28, 2016

    Apple Misinterprets ‘Work’ In Screening Suit, Workers Say

    Apple employees whose bid for overtime pay for time spent undergoing after-work security checks was rebuffed by a California federal court told the Ninth Circuit on Monday that the district court misinterpreted and misapplied both prongs of the state’s definition of work.

  • June 28, 2016

    High Court Term Ends Without Employment Blockbusters

    In a jam-packed term for employment cases before the U.S. Supreme Court, both employers and workers scored victories, but a shorthanded court searching for consensus caused some potentially blockbuster cases, including one pertaining to public sector union fees, to fizzle, lawyers said.

  • June 28, 2016

    Enviros Tell 9th Circ. Mine Rights Decision Can Be Reviewed

    Three environmental groups told the Ninth Circuit on Monday that the U.S. Forest Service’s determination allowing a uranium mining project near the Grand Canyon to reopen was a final agency action federal courts can review, pointing to a recent U.S. Supreme Court ruling they said supports their contention.

  • June 28, 2016

    High Court's Structured Dismissal Review May Alter Ch. 11

    The U.S. Supreme Court could dramatically alter future corporate restructurings now that it has agreed to determine whether companies can use so-called "structured dismissals" to sidestep the Bankruptcy Code's rule for determining the order in which creditors get paid, experts say.

  • June 28, 2016

    IRS Says Tax Court Erred In Invalidating Cost-Sharing Rule

    The Internal Revenue Service on Monday took aim at a U.S. Tax Court decision invalidating its rule requiring cost-sharing agreements between related parties to include the costs of stock-based compensation, saying in an appeal to the Ninth Circuit that it is unnecessary to consider what unrelated parties do.

  • June 28, 2016

    High Court Asked To Rein In PTAB's Definition Of CBM Patent

    The Patent Trial and Appeal Board is exceeding its jurisdiction by repeatedly instituting covered business method review of graphical user interface patents, Trading Technologies Inc. has contended, urging the U.S. Supreme Court to rein in the board's definition of CBM patents.

  • June 28, 2016

    Escobar Revives $52M FCA Suit Against For-Profit College Co.

    A $52 million False Claims Act suit that accused Sanford-Brown College of violating federal education laws in a bid to get more student aid dollars was resuscitated on Monday by the U.S. Supreme Court, which ordered the Seventh Circuit to reconsider the case in light of a recent ruling that has federal contractors worried.

  • June 28, 2016

    High Court May Put Limits On Foreign Reach Of US Patents

    A case that the U.S. Supreme Court agreed to hear Monday may make it tougher for companies to use American patent law to collect damages for overseas conduct, as the justices examine a Federal Circuit ruling that held a company liable for shipping only a single component abroad.

  • June 28, 2016

    Lender's Goofs No Defense To Mortgage Fraud, 9th Circ. Says

    The Ninth Circuit on Tuesday affirmed a Nevada federal court’s decision to convict an individual who ran a complex mortgage fraud scheme, ruling that a lender’s negligence in reviewing loan application information or intentional disregard of that information is not a defense for fraud.

  • June 28, 2016

    5th Circ. Won't Pause McKool Smith's $1.5M Arbitration Award

    The Fifth Circuit on Tuesday denied a bid by Canadian electronics manufacturer Curtis International to delay a mandate to pay an arbitration award of $1.45 million to Texas-based law firm McKool Smith PC, which the appeals court upheld in May, while it appeals to the U.S. Supreme Court.

  • June 28, 2016

    How To Become The Firm Every GC Wants To Hire

    Some law firms have perfected the art of pleasing general counsels, a skill that wins them the love of clients and allows them to score new cases and deals. Here, we look at a new report that delves into the intricacies of making clients happy.

  • June 28, 2016

    Exxon's $3.3M Coverage Win Ignores Deductible, Insurer Says

    Old Republic Insurance Co. on Monday urged the Fifth Circuit to overturn a district court's ruling that it must cover a $3.3 million personal injury suit against Exxon Mobil Corp., saying a Texas federal judge ignored the effect of its policy's $3 million deductible.

  • June 28, 2016

    The 24 Firms GCs Love The Most

    Some law firms have honed their ability to serve clients so well that their relationships with general counsels have entered a sort of utopian existence where they earn glowing recommendations from clients and consistently win work. Here, find out which 24 firms have reached a state of “clientopia,” according to a new report by BTI Consulting Group.

  • June 28, 2016

    Texas Justices Won't Ground American Airlines Music Suit

    The Texas Supreme Court on Tuesday rejected a request from Inflight Productions USA Inc. to stop American Airlines Inc. from pursuing claims that IFP must indemnify it for copyright infringement suits related to music made available to customers on American flights.

  • June 28, 2016

    Continental Resources Says Royalty Fight Not Time-Barred

    Continental Resources Inc. told the D.C. Circuit on Monday its suit against the U.S. Department of the Interior over a $1.7 million royalty charge for gas produced from federal leases in Wyoming was filed on time, and that the government's time window for receipt of notice flouted the "plain meaning" of the policy.

  • June 28, 2016

    ACLU Pushes For Second Chance At CIA Torture Report

    The American Civil Liberties Union pushed a D.C. Circuit panel to reconsider its decision to keep secret a Senate intelligence committee's landmark investigation into the CIA's torture program, arguing Monday that Congress did not explicitly bar the report from public release.

  • June 28, 2016

    Top Court Won't Hear Jurisdiction Row In Navajo Fatal Crash

    The U.S. Supreme Court won't review the Ninth Circuit's denial of a Navajo family's bid to bring suit in tribal courts against the operator of a tour bus that smashed into their car, according to a notice published Tuesday.

Expert Analysis

  • Fate Of Municipal-Plaintiff FHA Suits In Justices' Hands

    Mark E. Rooney

    The U.S. Supreme Court's decision in City of Miami v. Bank of America and Wells Fargo could define the reach of mortgage discrimination lawsuits under the Fair Housing Act and will be a key case to watch in the 2016 term. The case also provides the court an opportunity to reconsider its prior line of FHA-standing cases, says Mark Rooney of BuckleySandler LLP.

  • What To Expect In Post-Escobar FCA Litigation

    Peter Hutt II

    This week, the U.S. Supreme Court vacated the judgments in three False Claims Act matters that were pending before it on petitions for certiorari and remanded them for further consideration in light of the new standards enunciated in Escobar. Within the next few weeks, there will be a trickle of lower court decisions applying Escobar. By the end of the year, the trickle will be a flood, say attorneys with Covington & Burling LLP.

  • A New Standard For Attorneys’ Fee Awards In Copyright Cases

    Barry I. Slotnick

    While the U.S. Supreme Court's recent attorneys' fees decision in Kirtsaeng v. John Wiley & Sons — which directs lower courts to give significant weight to a losing party’s objectively unreasonable litigation position — is likely to deter some meritless copyright litigation, the inability to collect a fee award from an impecunious litigant sometimes requires other methods of deterrence, say Barry Slotnick and Tal Dickstein of Loeb & Loeb LLP.

  • Alice May Be Back From Wonderland

    Ronald G. Embry

    The Federal Circuit and the U.S. Patent and Trademark Office are moving in substantially the same direction at the same time, which may move U.S. patent practice back to a more moderate and discerning Alice implementation, says Ronald Embry of Patterson & Sheridan LLP.

  • Madden High Court Denial — Much Ado About Not Much

    Brian S. Korn

    The U.S. Supreme Court’s refusal to hear Madden v. Midland Funding will cause nonbank assignees to avoid purchasing certain loans made in the three states affected by the Second Circuit. But by denying certiorari, the Supreme Court has localized the damage caused, say Brian Korn and Richard Gottlieb of Manatt Phelps & Phillips LLP.

  • The Cloud And Ethical Considerations For Lawyers

    Bradley S. Shear

    Despite regular news stories detailing the need to update our digital privacy laws and increase our cybersecurity protections, law firms and in-house legal departments should feel confident that utilizing cloud providers with strong privacy and security protections will not breach their ethical obligation to clients, says Bradley Shear of the Law Office of Bradley S. Shear LLC.

  • 7th Circ. Provides Road Map For Preference Defendants

    J. Mark Fisher

    The Seventh Circuit's recent decision in Jason’s Foods expands the “ordinary course" defense of creditors sued for the avoidance of preferential payments and offers some interesting tactical lessons to preference defendants, says Mark Fisher of Schiff Hardin LLP.

  • A Few Important Decisions From The 'Inferior' Courts

    Fred Taylor Isquith

    With all eyes on the U.S. Supreme Court, litigation lawyers may have glanced quickly at important cases coming from the lower courts and providing guidelines on confidentiality orders, picking off plaintiffs, the treatment of buried disclosure in securities litigation, and antitrust pleadings, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • A Lower Bar For SOX Whistleblower Claims Emerges

    Stephen L. Corso

    In Beacom v. Oracle America, the Eighth Circuit joined the Second, Third and Sixth Circuits in adopting a less stringent standard for whistleblower retaliation claims brought under the Sarbanes-Oxley Act, which increases the likelihood that whistleblowers would prevail in such cases and could result in lengthier litigation, say attorneys with Haynes and Boone LLP.

  • 5th Circ. Brings Consistency To Improper-Joinder Analysis

    Tyler J. McGuire

    In International Energy Ventures Management v. United Energy, the Fifth Circuit recently cleared up the confusion over improper-joinder analysis in Texas by unequivocally holding that the federal pleading standard applies, says Tyler McGuire at Zelle LLP.