Appellate

  • October 27, 2020

    Del. Justices' Solera Ruling Curbs D&O Coverage Scope

    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.

  • October 27, 2020

    Fidelity Tells 1st Circ. Fees Don't Make It ERISA Fiduciary

    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.

  • October 27, 2020

    Pa. County Wants Justice Barrett Off Election Deadline Case

    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.

  • October 27, 2020

    Split FCC Sticks With 'Net Neutrality' Rollback

    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.

  • October 27, 2020

    9th Circ. Won't Lift Block On White House's WeChat Ban

    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.

  • October 26, 2020

    Supreme Court Refuses To Extend Wis. Mail-In Ballot Cutoff

    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.

  • October 26, 2020

    Calif. Panel Says 'Real Housewives' Star 'No Robin Williams'

    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."

  • October 26, 2020

    Pa. Dems Blast GOP's Bid To Revive Ballot Case At High Court

    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.

  • October 26, 2020

    Feds Back Virus Funds For Alaska Native Cos. At High 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.

  • October 26, 2020

    Full 11th Circ. Urged To Buck Ban On Class Incentive Awards

    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. 

  • October 26, 2020

    ​​​​​​​9th Circ. Unswayed By Arms Dealers' Blacklist Claims

    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.

  • October 26, 2020

    Atty On Hook For $5.2M Says Bitcoin Investor Froze His Funds

    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.

  • October 26, 2020

    Yacht Broker Says Commissions Claim Must Be Litigated

    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.

  • October 26, 2020

    Axed Accountant Lost Benefits With Firing, 5th Circ. Rules

    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.

  • October 26, 2020

    Live Nation Must Face Suit Over Festivalgoer's Fatal Overdose

    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.

  • October 26, 2020

    Judge Lourie Reflects On IP's Rise From 'Backwater' Of Law

    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.

  • October 26, 2020

    Northrop Pensioners Fight To Keep Suit Alive At 9th. Circ.

    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. 

  • October 26, 2020

    Eye on ERISA: Q&A With Schneider Wallace's Todd Schneider

    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.

  • October 26, 2020

    Ill. And Texas Firms Dominate State High Court Donations

    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.

  • October 26, 2020

    11th Circ. Vacates Tax Sentences Over $63M CDC Office Build

    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.

  • October 26, 2020

    5th Circ. Told Coastal Drilling Suits Belong In Federal Court

    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.

  • October 26, 2020

    Divided Senate Confirms Barrett To Supreme Court

    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.

  • October 26, 2020

    Justices Told FHFA's Structure Not Fatal To Profit Sweep

    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.

  • October 26, 2020

    2nd Circ. Won't Revive Apotex's Unfair Competition Suit

    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.

  • October 26, 2020

    Guatemalan Tells Justices 2-Part Notices Conflict With Law

    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.

Expert Analysis

  • Overlooked Patent Cases: Scrutiny Of Damage Apportionment

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    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.

  • FLSA Evolution Reflects Employer-Friendly Shift

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    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.

  • Opinion

    Reforming The FEC: Effective Commissioners Are Needed

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    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.

  • How Attys Can Guard Against Rising Settle-And-Sue Claims

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    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.

  • Opinion

    Reforming The FEC: Rulemaking Obligations Must Be Fulfilled

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    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.

  • Key Issues In Potential High Court Fraudulent Transfer Case

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    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.

  • Law Firm Tips For Attracting, Retaining Attys During Pandemic

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    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.

  • Employer Compliance Reminders As FCRA Class Actions Rise

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    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.

  • CEQA Suits Can Be Mooted By Construction

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    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.

  • Perspectives

    Finding A Path Forward To Regulate The Legal Industry

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    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 Fate Of The ACA And What's Next For Health Care

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    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.

  • Series

    Lawyering While Parenting: A Day In A Dad's Pandemic Life

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    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.

  • Fed. Circ. Ruling Is Troubling For Generic Drug Manufacturers

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    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.

  • Series

    Lawyering While Parenting: A Day In A Mom's Pandemic Life

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    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.

  • 2 NJ Rulings Expand Manufacturer Liability

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    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.

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