Appellate

  • September 20, 2019

    2 Telecom Orgs Back FCC Formula Freeze In DC Circ.

    Two telecom organizations filed an amicus brief Thursday with the D.C. Circuit, supporting the Federal Communications Commission's decision to suspend old accounting methods that governed national and in-state phone networks.

  • September 20, 2019

    Ex-NJ Political Boss Disbarred Over Corruption Convictions

    The New Jersey Supreme Court has disbarred a former Democratic power broker despite his tearful plea to keep his law license following his 2015 federal convictions for accepting kickbacks to help a software developer secure municipal business.

  • September 20, 2019

    Wis. Tribe's Reservation Wasn't Shrunk, Feds Tell 7th Circ.

    The federal government offered its support Thursday to the Oneida Nation as the tribe fights to reverse a determination that its reservation was diminished in size, telling the Seventh Circuit that U.S. Supreme Court precedent shows allotments of tribal land do not shrink reservations. 

  • September 20, 2019

    Semiconductor Co. Says Enplas Suit Not Worth Justices' Time

    A U.S. Supreme Court petition filed by Enplas Display Device Corp. over inducing infringement of LCD technology patents doesn't raise any legal questions worthy of the justices' review, Seoul Semiconductor Co. has said.

  • September 20, 2019

    1st Circ. Revives Georgeson Tix-For-Votes Fraud Case

    A wild fraud case involving three former Georgeson LLC advisers was revived by the First Circuit on Friday after the panel ruled a federal judge improperly dismissed the case on double jeopardy grounds after their first trial abruptly ended on its penultimate day because of a shorthanded jury.

  • September 20, 2019

    VirnetX Loses Bid For Fed. Circ. Rehearing In $1B Apple Row

    A Federal Circuit panel on Thursday shot down VirnetX’s petition to reconsider claims in two network security patents that the Patent Trial and Appeal Board invalidated as part of an appeal tied to $1 billion in jury verdicts against Apple Inc.

  • September 20, 2019

    Federal Wage Law Covers Cannabis Workers, 10th Circ. Says

    The Fair Labor Standards Act applies to workers in the marijuana industry, the Tenth Circuit ruled Friday, upholding a trial court’s decision that workers at a Colorado cannabis security company can pursue overtime claims even though pot is illegal under federal law.

  • September 20, 2019

    Atty Who Went AWOL On Injury Case Gets 2-Year Suspension

    A New York state appeals court has suspended a personal injury attorney with a history of disciplinary actions for two years after he neglected a slip-and-fall case and only learned that it had been dismissed when his former client sued him.

  • September 20, 2019

    PR Oversight Board Defends Appointments At High Court

    Puerto Rico’s federally appointed oversight board is urging the U.S. Supreme Court to overturn the First Circuit’s decision that its members require Senate approval, saying their appointment and authority fall within constitutional bounds.

  • September 20, 2019

    Split DC Circ. Revives Howard U. Veterinarian's Firing Suit

    A divided D.C. Circuit panel on Friday revived a former Howard University veterinarian's suit alleging she was fired for alerting the National Institutes of Health to inhumane lab conditions, saying the trial court took "too narrow a view" of the False Claims Act, which protects workers who report fraud in government contracts.

  • September 20, 2019

    Trump Taps 2 For 9th Circ., 4 For Trial Courts In Calif.

    President Donald Trump announced two Ninth Circuit nominations Friday along with four picks for district courts in California, the latest wave of judicial nominees in his drive to stock the federal bench with conservatives.

  • September 20, 2019

    2nd Circ. Reinstates Conviction Of Ex-Nomura Trader

    The Second Circuit on Friday reinstated the conviction of a former Nomura Securities International Inc. bond trader’s conviction for adding secret profit margins to residential mortgage-backed bond transactions, finding the lower court’s interpretation of the appellate court’s latest Litvak ruling was “overbroad.”

  • September 20, 2019

    6th Circ. Allows Discovery In Commercial Arbitration Abroad

    The Sixth Circuit ruled Thursday that federal courts can order parties to turn over evidence for private commercial arbitration abroad in what appears to be a novel ruling among federal appeals courts, handing a win to a Saudi Arabian company in a dispute with FedEx Corp.

  • September 19, 2019

    DOJ Allowed Into 7th Circ. Arguments On Syringe Price-Fixing

    The U.S. Department of Justice will get a chance before the Seventh Circuit next week to argue that a lower court “misconstrued” the prohibition on indirect purchaser antitrust claims, with time allotted Wednesday alongside health care providers trying to revive their price-fixing allegations against Becton Dickinson & Co. and others.

  • September 19, 2019

    TMZ Tells Texas Panel To End Ex-Dallas Cowboy's Libel Suit

    Because a former Dallas Cowboys linebacker sued celebrity news site TMZ alleging it published a libelous story that he tried to have his agent killed without first asking the website to issue a correction, retraction or clarification, the suit must be dismissed, the Texas Supreme Court was told in oral arguments Thursday.

  • September 19, 2019

    Fed. Circ. Wipes Out Chrimar's Win After PTAB Axes Patents

    The Federal Circuit on Thursday wiped out Chrimar’s trial win over ALE USA Inc. in a patent case involving Ethernet technology, finding more recent Patent Trial and Appeal Board decisions invalidating parts of the patents “must be given effect.”

  • September 19, 2019

    Ill. High Court Nixes Contractor's Fight Against Rail Worker

    A counterclaim that doesn't state an independent cause of action and make a specific request for relief "is not a true counterclaim," the Illinois Supreme Court said in tossing a transportation company's fight against a claim it was improperly insured.

  • September 19, 2019

    Manufacturing Cos. Fight Lifetime Health Benefits For Retirees

    Two Illinois manufacturers urged the Seventh Circuit on Thursday to reverse a lower court's ruling reinstating two retirees' collectively bargained health benefits for life, saying the district court's "flawed approach" rendered a termination clause in their contract meaningless.

  • September 19, 2019

    Ohio Justices Nix $1.3M Award In Supermarket Cart Injury Suit

    The Ohio Supreme Court on Thursday tossed a jury verdict awarding more than $1.3 million in a suit accusing a grocery chain of knowing customers were being injured by motorized carts but doing nothing to address it, saying there was insufficient evidence to support a finding of negligence.

  • September 19, 2019

    Del. Justices Nix Energy Co.'s $28M Interest Award Appeal

    A wind and solar company that saw its claimed $1 contract debt balloon to $126 million as the result of a wronged investor's appeal lost a bid Thursday to invalidate most of a nearly $28 million interest charge on the total.

  • September 19, 2019

    Overfunded Plans Can Face ERISA Suits, Feds Tell High Court

    The Employee Retirement Income Security Act allows for claims against pension plans that are overfunded, the federal government told the U.S. Supreme Court, weighing in on a battle between U.S. Bank and retirees looking to revive their suit against a plan that's now in the black. 

  • September 20, 2019

    CORRECTED: 11th Circ. Says Cigna Can Enforce $25M Deal

    The Eleventh Circuit reversed and remanded a Florida district court's denial of Cigna Healthcare Inc.'s motion to enforce a $25 million settlement agreement after allegations that a group representing the class misappropriated part of its settlement with Cigna. Correction: A previous version of this article misstated which group was alleged to have misappropriated settlement money. The error has been corrected.

  • September 19, 2019

    Ford Asks Justices To Undo Montana Ruling In Rollover Suit

    Ford has asked the U.S. Supreme Court to clarify the standard for applying specific personal jurisdiction in disputes, saying Montana's justices improperly allowed a negligence suit over a fatal rollover to play out in the state despite the lack of a connection between Ford’s conduct in the state to the claims at issue.

  • September 19, 2019

    Xmas Tree Co. Gets Rival’s Win In IP Row Axed At Fed. Circ.

    Artificial Christmas tree maker Balsam Brands Inc. scored a victory Thursday at the Federal Circuit, which vacated a lower court decision that its rival had not infringed two of its patents and reversed an award of limited attorney fees.

  • September 19, 2019

    Split 9th Circ. Revives Gitmo Detainee’s Torture Info Bid

    A split Ninth Circuit panel reversed a ruling that quashed a Guantanamo Bay detainee's subpoena for information on his torture in U.S. custody, ruling that a lower court should have removed sensitive national security details from that information.

Expert Analysis

  • Series

    Pursuing Wellness: Mental Health Education As A Firm Priority

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    Our firm drives a holistic concept of well-being through educational opportunities, such as a series of expert-led workshops intended to address mental health and substance abuse issues that we vowed to fight when we signed the American Bar Association's well-being pledge one year ago, says Krista Logelin at Morgan Lewis.

  • Series

    Pursuing Wellness: A Firm's Work With Mental Health Experts

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    Signing the American Bar Association's well-being pledge last year was a natural progression of our firm's commitment to employee wellness, which has included developing partnerships with professionals in the mental health space to provide customized programming to firm attorneys and staff, say Annette Sciallo and Mark Goldberg at Latham.

  • The State Of TCPA Litigation 1 Year After Marks V. Crunch

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    The Ninth Circuit's 2018 decision in Marks v. Crunch, interpreting the Telephone Consumer Protection Act to cover any dialer that calls from a stored list of numbers automatically, has been applied by district courts all around the country, but one year later, its impact appears to be faltering, says Eric Troutman of Squire Patton.

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    Pursuing Wellness: When A Firm Brings Counseling On Site

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    One year ago, our firm signed the American Bar Association's well-being pledge and embraced a commitment to providing on-site behavioral health resources, which has since become a key aspect of our well-being program, say Meg Meserole and Kimberly Merkel at Akin Gump.

  • SEC's Broker Bar Stance Hinges On Penalties Vs. Remedies

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    The U.S. Securities and Exchange Commission's recent decision holding that Financial Industry Regulatory Authority expulsions are remedial, not punitive, spells out how far a regulator can go in sanctioning securities misconduct in light of the U.S. Supreme Court's Kokesh opinion, says Clinton Marrs of Marrs Griebel Law.

  • Foreign Patentees, Heed Fed. Circ. Jurisdiction Ruling

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    As a result of the Federal Circuit's recent holding in Genetic Veterinary Sciences v. Laboklin that consenting to a cease-and-desist letter was sufficient to provide specific personal jurisdiction, foreign patent holders should pay careful attention to their license agreements and their enforcement and commercial activities within the U.S., say Daniel Melman and Sarah Benowich of Pearl Cohen.

  • Henry Schein Case Illuminates Maze Of Arbitrability Questions

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    While the U.S. Supreme Court’s Henry Schein decision strengthens the enforceability of arbitration provisions, the Fifth Circuit’s ruling on remand concerning arbitrability authority, exemplifies a need for careful drafting of arbitration clauses, say Andrew Behrman and Brandt Thomas Roessler at Baker Botts.

  • Series

    Pursuing Wellness: Inside A Firm Meditation Program

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    After our firm signed the American Bar Association’s well-being pledge one year ago, we launched two key programs that included weekly meditation sessions and monthly on-site chair massages to help people address both the mental and physical aspects of working at a law firm, says Marci Eisenstein at Schiff Hardin.

  • 2 Fed. Circ. Decisions May Signal Pro-Patentee Swing

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    The Federal Circuit's recent patent decisions in Ajinomoto v. U.S. International Trade Commission and Eli Lilly v. Hospira — on the tangential relation exception to the doctrine of equivalents — indicate that prosecution history estoppel may be becoming more favorable to patentees, says Sarah Kagan of Banner Witcoff.

  • Consumer Class Standing Faces Uncertainty In 11th Circ.

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    An eventual resolution of whether unnamed class members are required to establish Article III standing by the Eleventh Circuit, together with its recent Telephone Consumer Protection Act decision in Salcedo v. Hanna, may alter the continued viability of TCPA class actions, as well as class claims brought under other consumer protection laws, say attorneys at Stumphauzer Foslid.

  • Calif. High Court Ruling May Curb PAGA-Only Suits

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    The California Supreme Court's decision in ZB v. Superior Court that employees cannot recover unpaid wages under the Private Attorneys General Act imposes a serious limit on the law's scope and generates important questions for employee-side counsel when filing claims exclusively under PAGA, say Rafael Tumanyan and Michele Beilke at Hunton.

  • Top 5 Modern Tax Challenges For Digital Health Companies

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    As jurisdictions around the world adapt and modernize to capture revenue that would otherwise escape taxation under frameworks put in place long before today’s technology existed, digital health companies face rising tax uncertainty, say Kathleen Gregor and Elizabeth Smith of Ropes & Gray.

  • 5th Circ. Ruling Offers Map For Avoiding Daily Rate OT Claims

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    At first glance, it's no surprise that in U.S. Shale Solutions v. Faludi the Fifth Circuit rejected overtime claims from a highly compensated lawyer turned consultant, but the facts of the case and the court’s analysis provide guidance on whether daily rates can give rise to overtime lawsuits, says Debra Friedman at Cozen O’Connor.

  • Early Sampling Of Electronic Info Is Underutilized In Discovery

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    The early and prompt provision of samples from all electronically stored information sources as a part of ESI protocol search methodology is consistent with the Federal Rules of Civil Procedure and may allow for significant cost savings during discovery, says Zachary Caplan at Berger Montague.

  • Dissent Exposes Flaws In Fed. Circ. ANDA Patent Holding

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    In Nalpropion v. Actavis — a recent abbreviated new drug application case in the Federal Circuit centered on patent claim interpretation, the written description requirement and the substantial equivalence rule — the dissent reached a conclusion that is more consistent with years of jurisprudence than the majority's, says Daniel Pereira of Oblon McClelland​​​​​​​.