Appellate

  • July 02, 2026

    Amgen, Sanofi Team Up To Urge En Banc Antibody IP Review

    Rival pharmaceutical companies that squared off at the U.S. Supreme Court over antibody patents have jointly asked the full Federal Circuit to review an unrelated panel decision reviving migraine drug antibody patents.

  • July 02, 2026

    6th Circ. Won't Rethink NLRB Injunction Standard Shift

    The Sixth Circuit is standing by its decision to make it more difficult for National Labor Relations Board officials to win injunctions compelling employers to bargain, rejecting on Thursday an agency official's petition for a rehearing.

  • July 02, 2026

    4th Circ. Says Fired CIA Officers Must Be Allowed To Appeal

    A split Fourth Circuit panel on Thursday affirmed an order requiring the CIA and Office of the Director of National Intelligence to allow intelligence officers who were fired for their involvement with DEI and accessibility-related assignments to appeal their terminations. 

  • July 02, 2026

    Crypto Developer Urges 5th Circ. To Revive DOJ Challenge

    A cryptocurrency software developer is urging the Fifth Circuit to revive a suit seeking to shield his forthcoming project from any accusations of unlicensed money transmission, telling the appeals court that a Texas federal judge "overly discounted" similar prosecutions when it tossed his challenge for lack of standing.

  • July 02, 2026

    8th Circ. Revives Local Conversion Therapy Ban Challenge

    The Eighth Circuit revived a case Thursday challenging local ordinances passed in Kansas City and Jackson County, Missouri, that prohibited the practice of conversion therapy, as it is commonly known, with minors.

  • July 02, 2026

    7th Circ. Says Immigration Addendums Make Its Job Harder

    The Seventh Circuit criticized a practice by immigration judges in which they attach boilerplate legal citations instead of citing them in the decisions themselves, saying it makes appellate review more difficult, but declined to reject the practice.

  • July 02, 2026

    DC Circ. Told FCC Trying To 'Evade' News Distortion Scrutiny

    A media advocacy group Thursday again pushed its bid to convince the D.C. Circuit to force the Federal Communications Commission to revisit the agency's controversial news distortion policy.

  • July 02, 2026

    Pa. Justices To Hear Jarkesy-Like Appeal Of Securities Fine

    The Pennsylvania Supreme Court has agreed to hear a case challenging the constitutionality of the state's in-house securities enforcement proceedings, joining at least two other state supreme courts that have agreed to hear similar challenges since the U.S. Supreme Court handed down its Jarkesy decision that limited in-house enforcement at the U.S. Securities and Exchange Commission. 

  • July 02, 2026

    Streamer's Reaction Video Is Fair Use, Judge Finds

    A Central California federal judge has tossed a YouTube creator's copyright suit over a Twitch streamer's livestreamed reaction to a YouTube documentary, saying the commentary counted as fair use.

  • July 02, 2026

    Cox, Hikma Rulings Set Stage For Trademark Liability Fights

    After the U.S. Supreme Court narrowed paths to secondary liability in copyright and patent cases this term, trademark law stands apart with an older, potentially broader rule for when intermediaries can be held liable for another party's infringement.

  • July 02, 2026

    Fed. Circ. Rules Contractor's Eligibility Challenge Is Moot

    A Federal Circuit panel ruled Thursday that a contractor's challenge to the U.S. State Department's determination that it wasn't eligible to compete for an award to construct a new consulate in Turkey is moot, since the project was canceled.  

  • July 02, 2026

    Amicus Briefs Split On 9th Circ. Copyright Test In Tattoo Case

    Music labels, writers, photographers and copyright scholars are urging the Ninth Circuit to use the en banc rehearing in Kat Von D's Miles Davis tattoo fight to rework its substantial similarity test, though their amicus briefs are split over whether the court should discard the test entirely or refine it.

  • July 02, 2026

    Fla. High Court Slaps Fake Immigration Atty With Probation

    The Florida Supreme Court on Thursday issued a split opinion handing down a five-month term of probation and a suspended jail sentence to a Miami woman for practicing as an unlicensed immigration attorney after she admitted violating previous orders prohibiting her from the same conduct. 

  • July 02, 2026

    Fed. Circ. Wants More Analysis In Amazon Transcribing IP Suit

    The Federal Circuit on Thursday said a lower court needed to revisit a claim construction issue in an infringement case against Amazon over audio transcription patents, saying the question of whether the relevant claims were in the means-plus-function format needs a more thorough analysis.

  • July 02, 2026

    Ga. Court Revives Electrocution Suit Against Engineering Firm

    A Georgia appeals court on Thursday revived a lineman's electrocution injury suit against Burns & McDonnell Engineering Co., finding the engineering firm owed him a duty of care over its role coordinating power outage planning at a Georgia Power substation.

  • July 02, 2026

    Fed. Circ. Won't Restore Doctor's Intubation Patent Suit

    The Federal Circuit on Thursday declined to give a doctor another chance to pursue a suit against medical supplies company Teleflex Medical Inc. alleging infringement of a patent covering a laryngoscope used to intubate a patient, affirming the claim construction of a lower court.

  • July 02, 2026

    NJ Top Court Snapshot: Indemnity Provisions, Truth Defense

    Three of the most recent cases to head to the New Jersey Supreme Court will address the admission of evidence in criminal proceedings and civil issues including indemnification.

  • July 02, 2026

    Sinclair Convinces Ga. Panel To Sink Doctor's Defamation Suit

    A Georgia appellate panel sided with media conglomerate Sinclair Broadcast Group and a nurse who was interviewed about alleged forced sterilizations of U.S. Immigration and Customs Enforcement detainees, saying a trial court erred by letting a doctor's defamation suit proceed.  

  • July 02, 2026

    Paralegals Take NC Legal Advice Law Challenge To 4th Circ.

    Two paralegals and a nonprofit have asked the Fourth Circuit to revive their challenge to a North Carolina law that blocks nonlawyers from providing legal advice.

  • July 02, 2026

    Intel Asks Justices To Affirm 9th Circ. End To 401(k) Fund Suit

    Intel urged the U.S. Supreme Court on Thursday to back the Ninth Circuit's end to a proposed class action from 401(k) participants who challenged the technology company's retirement plan investment offerings, arguing the appellate court properly backed dismissal of their case because the pleadings lacked sufficient comparisons.

  • July 02, 2026

    'Embarrassed' Conn. Atty Details ChatGPT Briefing Errors

    With a sanctions hearing on the horizon, a Connecticut attorney has told the state's highest court he is "extremely embarrassed" by artificial intelligence errors in briefs filed in two recently decided cases, explaining he used ChatGPT to edit his research without knowing it could make "unprompted changes to the content."

  • July 02, 2026

    Fed. Circ. Agrees Alice Ends Website Creation Patent Suit

    The Federal Circuit on Thursday refused to revive a lawsuit accusing marketing software company HighLevel Inc. of infringing a pair of website-generation patents, agreeing with a Delaware federal court's finding that the claims at issue in the patents were invalid.

  • July 02, 2026

    Immigration Board Ties Bond Hearings To Detention Venue

    The Board of Immigration Appeals has overturned an immigration judge's decision to release a detained man facing removal from the U.S., saying his bond hearing did not take place in the jurisdiction where he was being held in immigration detention.

  • July 02, 2026

    2nd Circ. Denies Tether, Bitfinex Bid For Class Cert. Appeal

    The Second Circuit has declined a request from digital asset companies Tether and Bitfinex to immediately review a New York federal judge's decision to grant class certification to plaintiffs accusing the companies of rigging the cryptocurrency market and costing investors hundreds of billions of dollars.

  • July 02, 2026

    Breaking Down The Vote: The High Court Term In Review

    The U.S. Supreme Court's stark ideological divisions were on full display this term, particularly as it issued long-awaited rulings in the last few days of June. Here, Law360 dives into the numbers behind this court term.

Expert Analysis

  • 3 Disgorgement Questions Linger After Justices' SEC Ruling

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    While the U.S. Supreme Court’s recent decision in Sripetch v. U.S. Securities and Exchange Commission avoided placing new limits on the SEC’s disgorgement powers, it passed over several questions, including whether the commission can seek disgorgement when returning the money to investors isn't possible, says David Slovick at Kopecky Schumacher.

  • Checking For AI Errors Is Now A Two-Way Street

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    A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

  • Opinion

    Federal Circuit Should Implement Mini En Banc Process

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    To fulfill its mission of uniformity in patent law while avoiding the challenges of en banc hearings, the Federal Circuit should institute mini en bancs — allowing regular three-judge panels to exercise en banc powers unless a majority of the court says otherwise, says Joshua Sohn at the U.S. Department of Justice.

  • What's Next After Justices' Last-Mile Driver Arbitration Ruling

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    The U.S. Supreme Court's recent decision in Flowers Foods v. Brock, refusing to narrow the scope of a Federal Arbitration Act exemption for workers engaged in interstate commerce, gives previously unprotected workers access to litigation, but preserves two potentially powerful arguments for future proceedings, say attorneys at Husch Blackwell.

  • Series

    The Biz Court Digest: Shoring Up Corporate Law In Maryland

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    Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

  • How End Of SEC 'Gag Rule' Affects Free Speech Certiorari Bid

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    The Securities and Exchange Commission's recent rescission of the so-called gag rule, which forbade defendants in settlements from denying the SEC’s allegations, may sway the outcome of a petition to the Supreme Court in a case challenging the rule on First Amendment grounds, say attorneys at Troutman.

  • 2nd Circ.'s Embedded Video Ruling May Protect Publishers

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    The Second Circuit's recent decision in Richardson v. Townsquare, dismissing an infringement claim arising from an embedding of a YouTube-hosted interview, reaffirms a potent defense for publishers who regularly use social media platforms' embed functionality, says Amanda Harris at Jassy Vick.

  • Federal Officer Removal After Justices' La. Pollution Ruling

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    In the wake of the U.S. Supreme Court's recent ruling in Chevron USA v. Plaquemines Parish, companies seeking to use federal officer removal to move litigation out of state court should ask three questions, focusing on government contract language, federally directed activity and related conduct, say attorneys at Hollingsworth.

  • Series

    Competing At Poker Makes Me A Better Lawyer

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    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

  • Revisiting TransUnion's Underused Standing Rule, 5 Years On

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    The Ninth Circuit Court of Appeals' recent use of the U.S. Supreme Court’s now five-year-old TransUnion v. Ramirez rule specifying that the "mere risk of future harm" isn't concrete enough to support a damages claim presents an opportunity to revisit this underutilized standing rule, say attorneys at Horvitz & Levy.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

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    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • Uncertainty Looms After Justices' Withdrawal Liability Ruling

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    The U.S. Supreme Court's recent holding in M&K Employee Solutions v. Trustees of the IAM National Pension Fund increases the unpredictability of withdrawal liability assessments, so employers should prepare for a range of assessments and be equipped to challenge unreasonable ones, say attorneys at Winston Taylor.

  • CFTC Trading Rule Can't Police Prediction Markets Yet

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    The Commodity Futures Trading Commission’s recent efforts to police insider trading in prediction markets through a post-Dodd-Frank anti-fraud rule exposes doctrinal gaps around misappropriation theory, leaving platforms to fill the void with win-rate-based surveillance, says attorney Tamara de Silva.

  • Columbia Software IP Ruling Tests Royalty Damages Model

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    The Federal Circuit's recent decision in Columbia University v. Gen Digital, vacating a damages verdict involving foreign software sales, provides guidance on ambiguities surrounding the worldwide royalty damages model established by the court's decision in Brumfield v. IBG two years ago, say attorneys at Munger Tolles.

  • Turning To The Courts When PBM Reform Falls Short

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    The effectiveness of state laws intended to regulate pharmacy benefit managers remains uncertain, but litigation — utilizing tried-and-true theories like breach of contract and fair dealing — offers another mechanism through which stakeholders may seek relief from PBMs, say attorneys at Reed Smith.

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