Judge Amy Coney Barrett will join the U.S. Supreme Court after a narrow Senate vote Monday. Law360 put her confirmation process in perspective.
The Delaware Supreme Court continued its trend of limiting the reach of directors and officers insurance when it held last week that a stockholder appraisal action challenging Solera Holdings Inc.'s buyout by Vista Equity Partners did not trigger the coverage for securities-related claims in Solera's excess D&O policies.
Seeking to fend off proposed class action claims, Fidelity Investments told the First Circuit on Monday that negotiating fees in stocking its mutual fund "supermarket" falls far short of the type of control that would deem it a fiduciary for 401(k) plan participants.
With a lawsuit over Pennsylvania's Nov. 6 deadline for mail-in ballots as one of the first cases on the newly full U.S. Supreme Court's plate, one county asked Justice Amy Coney Barrett on Tuesday to recuse herself because of President Donald Trump's stated desire to have her decide election cases in his favor.
A bitterly divided FCC on Tuesday approved a new internet order that Republicans say marks the last step in President Donald Trump's rollback of Obama-era "net neutrality" rules by concluding that the 2017 deregulation was the right thing to do and by settling a narrow set of legal questions that the D.C. Circuit ordered the commission to address.
The Ninth Circuit has denied the Trump administration's bid to temporarily ban downloads of the Chinese-owned messaging app WeChat from U.S. app stores while the government appeals a lower court's preliminary injunction forbidding the ban.
A split U.S. Supreme Court on Monday shot down Democrats' request to restore a six-day extension to the deadline for receiving mail-in ballots in Wisconsin, rejecting arguments that the extra time is needed in the key battleground state as COVID-19 cases soar.
A California appellate court on Friday affirmed a lower court's ruling that part of a $1 million defamation lawsuit against a "Real Housewives of Orange County" star by her castmate's ex-husband can proceed, ruling that although the reality star said her podcast comments were jokes, she "is no Robin Williams."
The Democratic Party of Pennsylvania struck back at Republicans' renewed attack on the deadline for state voters' mail-in ballots Sunday, arguing that it was too close to the election to revive the case now that newly minted Justice Amy Coney Barrett could break the prior tie on the U.S. Supreme Court.
Treasury Secretary Steven Mnuchin has asked the U.S. Supreme Court to reverse an appeals court ruling that Alaska Native corporations can't claim part of $8 billion for tribal governments to fight the COVID-19 pandemic, saying the lower court misread language meant to include ANCs in the funding.
The full Eleventh Circuit is being pressed to review a panel decision in a dispute over a $1.4 million robocall settlement that found class representatives can't recover routine incentive awards, with the lead plaintiff arguing that this categorical ban would hobble class action litigation and an objector to the deal taking issue with the calculation of class counsel's fees.
A weapons exporter and a South African reseller failed to demonstrate that the U.S. State Department unlawfully barred them from trading, a Ninth Circuit panel determined Monday, citing scant evidence and arguments based on a misunderstood email.
An aging attorney told a Manhattan federal judge on Friday that as a result of attempts to enforce the $5.2 million judgment he faces, he doesn't have access to money he needs for basic necessities such as food and rent.
Yacht brokerage firm Northrop and Johnson Yachts-Ships Inc. is urging the Eleventh Circuit to reverse an order forcing it to arbitrate claims that a Dutch yacht maker went behind its back to strike a lucrative deal with the firm's own clients, leaving it unable to collect its duly earned commission.
The Fifth Circuit ruled that a former accountant for a Texas waste management company isn't owed a severance payout or stock awards because he was fired for just cause.
A California appeals court on Monday reversed the dismissal of a suit seeking to hold Live Nation liable for an electronic music festival attendee's drug overdose death, saying operators of such festivals have a special relationship with attendees and owe them a duty of reasonable care.
Federal Circuit Judge Alan Lourie on Monday reminisced about how patent law has grown from an incredibly specialized practice to one dominating the courts in the 56 years since he started practicing.
Northrop Grumman pensioners have urged the Ninth Circuit to revive their suit claiming they were given "grossly inaccurate" pension statements for years in violation of ERISA, arguing that their claims weren't based on clerical errors.
Schneider Wallace Cottrell Konecky LLP founding partner Todd Schneider isn't worried about the defense bar's attempts to limit ERISA litigation. After all, scaling back class actions is a perennial goal of management-side attorneys, and if plaintiffs firm Schneider Wallace's track record over the past few months is any indication, the momentum on benefits lawsuit hasn't slowed in the slightest.
Chicago personal injury law firms and Texas-based defense firms anted up big in this year's state supreme court races, bolstering Illinois Democrat and Texas Republican judicial candidates to the top of those securing law firm and lawyer contributions this election season, new data shows.
The Eleventh Circuit on Monday vacated and remanded the eight-year prison sentences of the owners of a Georgia construction company who falsified payroll forms to dodge taxes on a $63 million office build for the Centers for Disease Control and Prevention, saying there was no evidence of resulting loss.
A panel of Fifth Circuit judges questioned counsel for Chevron on Monday about where the court could draw authority to undo its initial ruling that a bid to remove to federal court lawsuits alleging it unlawfully drilled along Louisiana's coast was filed too late.
Judge Amy Coney Barrett is set to join the U.S. Supreme Court after winning Senate confirmation in a deeply partisan vote Monday, cementing the high court's conservative majority with a sixth Republican appointee.
The Trump administration told the U.S. Supreme Court on Friday that while the Federal Housing Finance Agency's single-director independent leadership structure is unconstitutional, that's no reason to strike down the government's so-called net worth sweep of Fannie Mae and Freddie Mac as investors in the two mortgage giants are insisting.
A Second Circuit panel has refused to revive Apotex Corp.'s claims accusing Pfizer unit Hospira of violating unfair competition and other state laws in part by reneging on a promise to keep supplying it with a generic antibiotic.
A Guatemalan man who is seeking to stay in the U.S. slammed the Trump administration's contention that a deportation notice can be two documents, telling the U.S. Supreme Court on Monday that the government's interpretation conflicts with the law.
Justice Ruth Bader Ginsburg died on Friday at age 87. Here, Law360 looks at the feminist icon's legacy and the battle brewing over her seat.
Republican senators on Wednesday gave President Donald Trump his 200th judicial confirmation in a largely party-line vote to approve a Mississippi state judge and former GOP lawmaker to join the Fifth Circuit.
With 200 confirmations under his belt, President Donald Trump is reshaping the federal judiciary for decades to come. Here is Law360's comprehensive guide to his nominations.
Several recent and potentially overlooked federal district court decisions suggest that judges may be rejecting as unreliable an approach to patent damages apportionment that marshals qualitative evidence regarding an invention's perceived value, so experts should buttress apportionments with independent quantitative assessments, say attorneys at Akin Gump.
Recent U.S. Department of Labor actions and landmark federal appellate court rulings have fostered a rapid Fair Labor Standards Act transformation that is arming companies with more tools to defend worker misclassification and unpaid overtime allegations, says Hollie Reiminger at Fisher Phillips.
The Federal Election Commission's dysfunction — leading to an explosion in secret spending and rigged campaign financing — could be mitigated if presidents prioritized the nomination of commissioners committed to the agency's mission rather than deferring to party leaders in Congress, says former FEC Commissioner Trevor Potter at Caplin & Drysdale.
Certain precautions can help lawyers avoid post-settlement malpractice claims and create a solid evidentiary defense, as settle-and-sue lawsuits rise amid pandemic-induced dispute settlements, say Bethany Kristovich and Jeremy Beecher at Munger Tolles.
The Federal Election Commission has collectively failed to minimize uncertainty in the law by abandoning rulemaking, resulting in large swaths of political activity, including fundraising and foreign national participation in elections, left ungoverned by clear regulation, says former FEC Commissioner Karl Sandstrom at Perkins Coie.
If the U.S. Supreme Court decides to hear Deutsche Bank Trust v. Robert R. McCormick Foundation, concerning a Bankruptcy Code safe harbor provision, it would have to reconcile creditors' rights to challenge fraudulent transfers with the need for finality in securities transactions, say Justin Ellis and Lauren Dayton at MoloLamken.
Steps law firms can take to attract and keep the best lawyers amid the pandemic include diversifying expertise to meet anticipated legal demands, prioritizing firm culture, and preparing for prospective partners' pointed questions, says Brian Burlant at Major Lindsey.
Contrary to predictions of a slowdown following the U.S. Supreme Court’s 2016 Spokeo ruling, Fair Credit Reporting Act class actions targeting the hiring process are accelerating under new theories of liability, but employers can avoid becoming a target with routine form audits and background check vendor scrutiny, say attorneys at Hunton.
The California Court of Appeal's recent decision in Parkford Owners for a Better Community v. Placer clarifies that a California Environmental Quality Act lawsuit does not preclude a development project approval recipient from proceeding to complete its project — and if they proceed far enough without an injunction, the case may become moot, says Arthur Coon at Miller Starr.
Gerald Knapton at Ropers Majeski analyzes U.S. and U.K. experiments to explore alternative business structures and independent oversight for law firms, which could lead to innovative approaches to increasing access to legal services.
The U.S. Supreme Court's decision in Texas v. U.S. could render the Affordable Care Act unconstitutional in whole or in part, which, combined with the upcoming election, could drive a wide range of impacts on health care policy, businesses and patients, say Michael King and Emily Felder at Brownstein Hyatt.
Christopher Jennison shares a view of his life working from home as a Federal Aviation Administration attorney preparing to first-chair a trial while splitting child care responsibilities with his lawyer wife.
Following the Federal Circuit's recent decision that Teva Pharmaceuticals induced infringement of GlaxoSmithKline's brand name drug patent despite marketing the generic with a labeling carveout, generic drug manufacturers may face increased legal risk and higher damages, say attorneys at Parker Poe.
Josephine Bahn shares a view of her life working from home as an attorney at the Federal Deposit Insurance Corporation while splitting child care responsibilities with her lawyer husband.
The New Jersey Supreme Court's recent decisions in Whelan v. Armstrong International and Sun Chemical v. Fike Corp. suggest that the state's courts may now hold an equipment manufacturer liable for failure to warn about third-party replacement parts that did not exist when the original equipment was sold, say Michael Posavetz and David Katzenstein at Eckert Seamans.