Appellate

  • September 16, 2024

    Pot Co. Execs Go To 9th Circ. In Investment Scam Case

    A California cannabis company and its co-founders on Monday appealed a federal court decision booting them from the securities industry and holding them liable for roughly $6 million tied to a medical marijuana investment scam, the same day that the U.S. Securities and Exchange Commission asked the court to order a third individual to pay up for his part in the alleged scam.

  • September 16, 2024

    3rd Circ. OKs NLRB Enforcement Bid Against Scrap Metal Co.

    The Third Circuit on Monday granted the National Labor Relations Board's petition for enforcement of its finding that a Philadelphia scrap metal company violated federal labor law by changing workers' schedules after they voted for union representation, rejecting the company's argument that the reduction in workers' hours was for pandemic-related reasons.

  • September 16, 2024

    4th Circ. OKs Immediate Appeal Of Genworth 401(k) Class

    The Fourth Circuit gave Genworth Financial a green light to challenge a recent trial court decision certifying a class in a suit brought by former Genworth workers who said the company violated federal benefits law by keeping underperforming BlackRock target-date funds in their 401(k) plan. 

  • September 16, 2024

    9th Circ. Won't Review Tribal Jurisdiction In Virus Suit

    An en banc panel of the Ninth Circuit on Monday upheld a panel's finding that the Suquamish Tribal Court has jurisdiction over the tribe's coronavirus coverage dispute with its insurers, though a dissent claimed the panel decision "gutted any geographic limits of tribal court jurisdiction."

  • September 16, 2024

    5th Circ. Judge Chides High Court Calls in Abortion Pill Case

    U.S. Circuit Judge James C. Ho on Monday threw shade at the U.S. Supreme Court and the Biden administration over what he described as side-switching on federal conscience laws for doctors.

  • September 16, 2024

    Judges Examine Who Has Free Speech Rights In TikTok Case

    A D.C. Circuit panel on Monday pressed lawyers for the federal government as well as TikTok and its users to parse whether full First Amendment protections apply to the social media platform's foreign owners as well as to its users despite congressional worries that the platform is vulnerable to interference by a potential overseas adversary.

  • September 16, 2024

    Why A Tactic In The Youth Climate Change Battle Is Risky

    Young people suing the federal government for sweeping changes to climate policy are trying a new tactic, filing a mandamus petition in the U.S. Supreme Court in an effort to get their case to trial. But some lawyers are worried the tactic may backfire, limiting the opportunity for others to use the courts to wage climate battles, experts told Law360. 

  • September 16, 2024

    Chevron Deference Invalid In Travel-Time Pay Case, DOL Says

    The U.S. Department of Labor said the overturning of Chevron deference has no bearing on its case against a home care company for stiffing workers of travel-time pay, arguing that the regulations at issue don't invoke such an analysis, according to a letter filed by the department.

  • September 16, 2024

    Retired Conn. Chief Justice Starts Next Chapter At Day Pitney

    Retired Connecticut Supreme Court Chief Justice Richard A. Robinson is continuing his career as a litigator at Day Pitney LLP, where he'll also bolster the firm's appellate practice and advance its diversity, equity and inclusion initiatives, the firm said Monday.

  • September 16, 2024

    Federal Judges Beat Ethics Complaint Over Clerk Boycotts

    Two federal judges did not commit misconduct by joining in a letter with other jurists stating they would not hire students who attend Columbia University or its law school as clerks due to the university's handling of student protests over the Israeli-Palestinian conflict, the Eleventh Circuit Judicial Council has found. 

  • September 16, 2024

    NC High Court Snapshot: Tax Fights And A Health Care Spat

    Regulatory battles will take center stage when the North Carolina Supreme Court returns from summer break this week for a September argument lineup featuring appeals by Phillip Morris, Duke University's hospital and two Boost Mobile dealers.

  • September 16, 2024

    5th Circ. Rejects Favre's Hail Mary In Sharpe Defamation Fight

    The Fifth Circuit on Monday affirmed the dismissal of Brett Favre's defamation suit against fellow former NFL star Shannon Sharpe, who called him a "sorry mofo" on air, ruling Sharpe was allowed to express his opinions about Favre's alleged involvement in a sprawling Mississippi welfare fraud scheme.

  • September 16, 2024

    Fla. Jurist Who Helped Courts Navigate COVID Joins Boutique

    A well-known former Florida judge and civil justice innovator who, among other accomplishments, helped courts stay in business during the pandemic is taking her expertise to litigation boutique Bass Law.

  • September 16, 2024

    Nothing Novel About Trump Ex-Atty's Case, Justices Told

    Former President Donald Trump urged the U.S. Supreme Court to reject his former attorney Michael Cohen's bid for another look at his suit claiming he was imprisoned as payback for his memoir about his time as Trump's so-called fixer, arguing there's nothing novel about the matter.

  • September 13, 2024

    The 2024 Regional Powerhouses

    The law firms on Law360's list of 2024 Regional Powerhouses reflected the local peculiarities of their states while often representing clients in deals and cases that captured national attention.

  • September 14, 2024

    Divided Pa. High Court Revives Ballot Date Requirement

    Three Pennsylvania Supreme Court justices clashed on Friday with colleagues who used jurisdiction grounds to erase a victory for challengers of an election ballot-dating rule, the minority calling for the court to wield its rarely invoked King's Bench authority to review the matter on the merits.

  • September 13, 2024

    Conn. High Court Snapshot: Firm's Bill Battle Rages In Sept.

    The Connecticut Supreme Court's September case lineup tasks the justices with helping a federal court judge decide if McCarter & English LLP can fetch punitive damages in a billing battle with an ex-client, and if parents suing Target and others can be compensated for the impairment of their relationship with their injured child. Here, Law360 previews some highlights of the high court's argument schedule for the month.

  • September 13, 2024

    Bankman-Fried Lays Blame On Trial Judge In 2nd Circ. Appeal

    FTX founder Sam Bankman-Fried on Friday launched an appeal of his fraud conviction over the cryptocurrency exchange's historic collapse, issuing a broadside against the judge who oversaw his trial and saying FTX's debtor counsel Sullivan & Cromwell LLP acted as an arm of the prosecution.

  • September 13, 2024

    Judiciary Panel Dems Endorse Amicus Funding Disclosure

    A plan to overhaul required financial disclosures in appellate amicus briefs has generated strong early reaction, including from two key congressional Democrats who endorsed the proposals.

  • September 13, 2024

    Ex-IT Workers Urge DC Circ. To Rethink Spousal Work Permits

    An organization of former IT workers who say they are being displaced by temporary visa holders petitioned the D.C. Circuit to take a second look at their case against an Obama-era program that authorizes some spouses of highly skilled foreign workers to get work permits.

  • September 13, 2024

    Panama's Ex-Prez Fights Alleged Wrongful Extradition

    Panama's ex-president told the Eleventh Circuit Friday that a lower court wrongly dismissed his lawsuit challenging the extradition to his home country, saying he has standing because the U.S. government violated an international treaty by sending him back to face criminal charges beyond the scope of the original request.

  • September 13, 2024

    Google, Cognizant Are Joint Employers, Union Tells DC Circ.

    The union representing workers at YouTube Music's content operation urged the D.C. Circuit to uphold a National Labor Relations Board decision that Google and contractor Cognizant jointly employ the video site's workers, saying there's a "mountain of evidence" to support the board's ruling that both companies need to bargain with the union.

  • September 13, 2024

    9th Circ. Ruling Guts Religious Protections, Apaches Say

    The U.S. Supreme Court should stop the federal government from handing over a sacred tribal site in Arizona's Tonto National Forest to a copper mining joint venture owned by Rio Tinto and BHP, the San Carlos Apache Tribe argued, saying that the decision could pose an "existential threat" to Native Americans.

  • September 13, 2024

    Fed. Judges Urged To Stop Clerks From Seeking Political Jobs

    Federal judges should prohibit their law clerks from applying for postclerkship jobs with political organizations, as that may connect the judges' chambers to political activity, a judiciary committee said in ethics guidance issued this week. 

  • September 13, 2024

    Trio Of BigLaw Mergers Expected To Drive More Deal Talks

    After months of a relatively steady pace of law firm mergers and acquisitions, the trio of proposed BigLaw tie-ups announced in recent days will likely spur more firms toward entertaining similar deal talks, experts say. Here, Law360 offers a snapshot of the proposed deals.

Expert Analysis

  • Series

    After Chevron: Slowing Down AI In Medical Research

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    The U.S. Supreme Court's recent decision overturning the Chevron doctrine may inhibit agencies' regulatory efforts, potentially slowing down the approval and implementation of artificial intelligence-driven methodologies in medical research, as well as regulators' responses to public health emergencies, say Ragini Acharya and Matthew Deutsch at Husch Blackwell.

  • What High Court TM Rulings Tell Us About Free Speech

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    Recent U.S. Supreme Court rulings show tension between free speech and trademark law, highlighting that while political mockery is protected, established brands may be forced to adapt to evolving cultural values, says William Scott Goldman at Goldman Law Group.

  • Series

    Being A Luthier Makes Me A Better Lawyer

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    When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.

  • Series

    After Chevron: Uncertainty In Scope Of ITC Oversight

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    The U.S. International Trade Commission's long-standing jurisprudence on some of the most disputed and controversial issues is likely to be reshaped by the Federal Circuit, which is no longer bound by Chevron deference in the wake of the U.S. Supreme Court’s Loper Bright decision, say Kecia Reynolds and Madeleine Moss at Paul Hastings.

  • Half-Truths Vs. Omissions: Slicing Justices' Macquarie Cake

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    The U.S. Supreme Court's recent ruling in Macquarie v. Moab provides a road map for determining whether corporate reports that omit information should be considered misleading — and the court baked it into a dessert analogy that is key to understanding the guidelines, say Daniel Levy and Pavithra Kumar at Advanced Analytical Consulting Group.

  • Lead Like 'Ted Lasso' By Embracing Cognitive Diversity

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    The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.

  • Chevron's End Puts Target On CFPB's Aggressive BNPL Rule

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    A recent interpretative rule by the Consumer Financial Protection Bureau, subjecting buy-now, pay-later loans to the same regulations as credit cards, is unlikely to survive post-Chevron challenges of the rule's partisan and shaky logic, say Scott Pearson and Bryan Schneider at Manatt.

  • Justices' Ch. 11 Ruling Is A Big Moment For Debtors' Insurers

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    The U.S. Supreme Court’s recent Truck Insurance v. Kaiser Gypsum ruling upends decades of Chapter 11 bankruptcy jurisprudence that relegated a debtor’s insurer to the sidelines, giving insurers a new footing to try and avoid significant liability, say Stuart Gordon and Benjamin Wisher at Rivkin Radler.

  • Justices' Starbucks Ruling May Limit NLRB Injunction Wins

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    The U.S. Supreme Court’s recent decision in Starbucks v. McKinney, adopting a more stringent test for National Labor Relations Board Section 10(j) injunctions, may lessen the frequency with which employers must defend against injunctions alongside parallel unfair labor practice charges, say David Pryzbylski and Colleen Schade at Barnes & Thornburg.

  • Justices' Criminal Law Decisions: The Term In Review

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    Each of the 11 criminal decisions issued in the U.S. Supreme Court’s recently concluded term is independently important, but taken together, they reveal trends in the court’s broader approach to criminal law, presenting both pitfalls and opportunities for defendants and their counsel, says Kenneth Notter at MoloLamken.

  • Class Actions At The Circuit Courts: July Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.

  • 7th Circ. Motorola Ruling Raises Stakes Of DTSA Litigation

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    The Seventh Circuit’s recent ruling in Motorola v. Hytera gives plaintiffs a powerful tool to recover damages, greatly increasing the incentive to bring Defend Trade Secrets Act claims against defendants with large global sales because those sales could generate large settlements, say attorneys at MoFo.

  • Series

    After Chevron: Bid Protest Litigation Will Hold Steady For Now

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    Though the substantive holding of Loper Bright is unlikely to affect bid protests because questions of statutory interpretation are rare, the spirit of the U.S. Supreme Court's decision may signal a general trend away from agency deference even on the complex technical issues that often arise, say Kayleigh Scalzo and Andrew Guy at Covington.

  • Challenging Prosecutors' Use Of Defendants' Jail Phone Calls

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    Although it’s an uphill battle under current case law, counsel for pretrial detainees may be able to challenge prosecutors’ use of jail-recorded phone calls between the defendant and their attorney by taking certain advance measures, say Jim McLoughlin and Fielding Huseth at Moore & Van Allen.

  • How NJ Worker Status Ruling Benefits Real Estate Industry

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    In Kennedy v. Weichert, the New Jersey Supreme Court recently said a real estate agent’s employment contract would supersede the usual ABC test analysis to determine his classification as an independent contractor, preserving operational flexibility for the industry — and potentially others, say Jason Finkelstein and Dalila Haden at Cole Schotz.

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