Appellate

  • June 12, 2026

    Split DC Circ. Backs Venezuela's $108M Arbitration Order

    A divided D.C. Circuit panel affirmed Friday that Venezuela must pay a more than $100 million arbitral award to a Barbadian oil field investor, in an opinion that spends more than five pages rejecting points that U.S. Circuit Judge Justin R. Walker made in an even lengthier dissent.

  • June 12, 2026

    Gensler Tells 6th Circ. 'Sports Bets Aren't Swaps'

    Former Wall Street regulator Gary Gensler told the appeals court overseeing Kalshi's prediction market battle with Ohio regulators that Congress didn't intend for the U.S. Commodity Futures Trading Commission to become a nationwide sports betting regulator when it drafted swaps laws during his chairmanship of the agency.

  • June 12, 2026

    Oregon Athletes Appeal Title IX Class Cert. Denial To 9th Circ.

    Female student-athletes who were denied class certification in a Title IX lawsuit against the University of Oregon have asked the Ninth Circuit permission to appeal, saying a federal judge's decision was "riddled with legal and procedural errors."

  • June 12, 2026

    PTAB Again Invalidates Centripetal Patent In Cisco Case

    The Patent Trial and Appeal Board has again found that a Centripetal Networks cybersecurity patent that was part of a since-vacated multibillion-dollar judgment against Cisco Systems is invalid as obvious, after the Federal Circuit ordered the board to rethink an earlier invalidity ruling.

  • June 12, 2026

    Texas Justices Limit Seizures Of Land Lacking Public Use

    The Texas Supreme Court on Friday sided with a company seeking to repurchase land that the state condemned for a highway project but was no longer using, saying in a split opinion that the state isn't immune from claims to repurchase unused property.

  • June 12, 2026

    Academics Ask 2nd Circ. To Revive Publisher Conspiracy Suit

    Academic researchers are asking the Second Circuit to revive their proposed class action accusing six of academia's largest journal publishers of colluding to stifle their leverage and eliminate pay for peer review work, arguing the district court credited the publishers' "written rules" but "discarded" how those rules were implemented.

  • June 12, 2026

    9th Circ. Tells Serial Litigant App Developer No More

    The Ninth Circuit has said it does not want to hear any more from a serial litigant who has a bone to pick with tech behemoth Apple and a California federal court over the exclusion of an application for tracking COVID-19 cases from the App Store.

  • June 12, 2026

    11th Circ. Nixes 'Sophisticated' Money Laundering Sentence

    The Eleventh Circuit affirmed a prison term for a Florida man convicted of laundering drug proceeds, but remanded the case for resentencing after finding the lower court incorrectly determined that his scheme was "sophisticated." 

  • June 12, 2026

    Feds Drop Appeal To Preserve Trump Wind Permit Freeze

    The federal government has dropped its appeal of a Massachusetts federal judge's order last year blocking the Trump administration from freezing wind energy project permits, according to a filing with the First Circuit.

  • June 12, 2026

    4 Key Takeaways From 3rd Circ. Arguments Over AI Training

    The Third Circuit's first major encounter with artificial intelligence and fair use did not turn on futuristic hypotheticals, with a three-judge panel instead posing questions that have long defined copyright disputes over new technologies: what was copied, why was it used, and whether the new product served a different purpose or competed with the original.

  • June 12, 2026

    Ga. Court Won't Reinstate Suit Over Teen Worker's Death

    A Georgia appellate court affirmed the toss of a wrongful death action brought by the parents of a teenage construction worker who was killed when the heavy machinery he was operating rolled over, ruling that the state's Workers' Compensation Act bars the suit.

  • June 12, 2026

    2nd Circ. Backs Bankman-Fried's 25-Year Fraud Conviction

    The Second Circuit on Friday upheld Sam Bankman-Fried's conviction and an $11 billion forfeiture order in an opinion that found the ex-CEO's claims that he could have made FTX customers whole didn't matter in the face of the government's "robust" evidence of his role in the fraud that felled the cryptocurrency exchange.

  • June 12, 2026

    Texas Justices Take Up Exxon's $25M AIG Coverage Fight

    The Texas Supreme Court on Friday agreed to hear an appeal from Exxon Mobil Corp. seeking to force an AIG unit to pay $25 million of a $35 million settlement arising from a deadly 2013 explosion at Exxon's refinery in Beaumont.

  • June 12, 2026

    2nd Circ. Doubts Tax Plea Advice Misled Man On Deportation

    A skeptical Second Circuit judge on Friday told a Connecticut attorney to stop saying his client was "affirmatively misled" while pleading guilty to tax evasion charges, hinting a written plea agreement and verbal warnings from a federal judge were probably sufficient to advise the client he could be deported.

  • June 12, 2026

    Webuild Seeks Redo, Says Award Ruling Deepens Circuit Split

    Italian construction giant Webuild pressed the Third Circuit to reconsider its decision reviving a Chilean construction company's bid to enforce a $140 million arbitral award against it, saying the decision exacerbates confusion over whether minimum contacts are required to enforce a foreign arbitral award.

  • June 12, 2026

    NY Appeals Court OKs Officials' Inspections Of Hemp Stores

    A New York intermediate appellate court has reversed a lower court's decision to grant a preliminary injunction that blocked New York City and state authorities from conducting warrantless raids against hemp stores suspected of selling unlicensed cannabis.

  • June 12, 2026

    4 Questions As Gov't Appeals Illegal Tariff Refund Suit

    The government's appeal of an order requiring immediate refunds for tariffs that were deemed illegal by the U.S. Supreme Court earlier this year is the latest obstacle for importers forced to stall investments in new products and brace for a longer wait for their refunds in response.

  • June 12, 2026

    Court Orders Murder Retrial Over Landlord-Tenant Instruction

    An Arizona appellate panel on Friday threw out the murder conviction of a woman who shot her estranged boyfriend when he forced his way into the apartment they shared, saying the trial court gave improper jury instructions that biased jurors against her defense-of-premises defense.

  • June 12, 2026

    IRS Must Revisit Whistleblower Award Denial, DC Circ. Rules

    The D.C. Circuit said Friday that the Internal Revenue Service must reconsider a whistleblower's claim that her information helped the agency collect taxes on more than $31 million in corporate income, reversing a U.S. Tax Court ruling that sided with the IRS.

  • June 12, 2026

    Wash. Justices Uphold Repeat DUI Offender Gun Ban

    A 5-4 Washington State Supreme Court majority has found that two men who were prevented from owning firearms after being repeatedly convicted of driving under the influence did not have their Second Amendment rights violated by the restriction.

  • June 12, 2026

    6th Circ. Won't Rethink Decision On Co.'s Union Snub

    The Sixth Circuit won't revisit its decision upholding a finding that a Michigan builder violated federal labor law by ceasing to recognize and refusing to bargain with an established union.

  • June 12, 2026

    9th Circ. Says Kroger Shoppers 'Obtained No Relief' For Fees

    A Ninth Circuit panel refused to revive a consumer lawsuit challenging Kroger's since-blocked purchase of Albertsons, agreeing with a district court that the deal's abandonment renders the suit moot and the consumers have no claim to attorney fees as victors in wins scored by government enforcers.

  • June 12, 2026

    Fla. Panel Orders New Look At Probation Violation Sentence

    A Florida state appeals court ruled Friday that a man given nearly 6.5 years in prison for probation violations should be resentenced after he was incorrectly denied his self-filed request for a downward departure from the sentencing guidelines.

  • June 12, 2026

    9th Circ. Judge Doubts Google Rival's 'Broad' Antitrust Suit

    A Ninth Circuit judge appeared skeptical Friday of efforts to revive allegations that Google harmed market competition for digital advertising by booting a now-defunct advertising app from its Play Store, saying Google has many rivals in the "very broad" proposed market and asking the plaintiff, "So what's the injury?"

  • June 12, 2026

    NY Appellate Court Revives Drug Sentence Reduction Bid

    A New York state appeals court has ruled that an incarcerated man should be given a second shot at reducing his drug conviction sentence, finding that even though he was also convicted of murder, the timing of the convictions allows him to request resentencing.

Expert Analysis

  • What A Court Doc Audit Reveals About Erroneous Filings

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    My audit of 1,522 court documents from last month found that over 95% contained at least one verifiable error, with fewer than 1% showing clear indicators of artificial intelligence use — highlighting above all else that lawyers may want to focus most on strengthening their review processes, says Elliott Ash at ETH Zurich.

  • Exploring When Fraud Asset Freezes Limit Right To Pick Atty

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    The defendant’s claim in the Seventh Circuit’s pending U.S. v. Shah case that the government restrained his assets until he couldn’t afford his chosen counsel presents a useful case study in how criminal forfeiture procedure interacts with U.S. Supreme Court rulings on Sixth Amendment rights and appealing complex fraud convictions, says Elisha Kobre at Sheppard.

  • How Justices' GEO Ruling Resets Gov't Contractor Litigation

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    The U.S. Supreme Court’s recent GEO Group v. Menocal decision, holding that government contractors cannot immediately exit cases via interlocutory appeals, may increase litigation costs, strengthen plaintiffs' leverage in settlement negotiations and dampen the government's ability to attract bids on high-risk or sensitive projects, say attorneys at Wiley.

  • Appellate Strategy Lessons From Pa. Excess Coverage Ruling

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    In FedEx v. National Union Fire Insurance, a Pennsylvania state court recently set forth a clear holding that policyholders may recover postjudgment interest under excess liability insurance policies only when the policy language expressly allows, offering important takeaways for planning appeals, say attorneys at Hunton.

  • Defense Counsel Options Widen As No-Bill Rate Increases

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    Citizens impaneled on grand juries in politically motivated cases who are reasserting their role as a critical check on state power could provide criminal defense attorneys an opportunity to pursue seldom-used preindictment strategies, say attorneys at Ballard Spahr.

  • How Cos. Can Prepare For 'Made In America' Ad Scrutiny

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    The Trump administration's executive order to combat fraudulent "Made in America" claims in consumer-facing advertising, along with actions by the Federal Trade Commission, suggest a potential increased focus on consumer protection and pricing-related matters, say attorneys at Skadden.

  • Similar-Looking Designs May Not Always Prove Infringement

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    The Federal Circuit's recent decision in Range of Motion Products v. Armaid is a reminder that even a strikingly similar design might not be found to infringe upon a patented design once design features driven by functionality are filtered out from consideration, say attorneys at BCLP.

  • Series

    Mich. Banking Brief: All The Notable Legal Updates In Q1

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    Michigan's financial services sector saw several significant developments in 2026's first quarter, including the state Department of Insurance and Financial Services' issuance of a bulletin on the use of artificial intelligence and the Michigan House's introduction of a bill based on the Model Money Transmission Modernization Act, say attorneys at Dykema.

  • Pension Case Offers Entertainment Work Exception Insights

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    A recent Ninth Circuit decision clarified that any amount of entertainment work can satisfy the entertainment industry exception under the Multiemployer Pension Plan Amendments Act, reinforcing that statutory language, rather than evolving business models, dictates withdrawal liability outcomes, say attorneys at Seyfarth.

  • Justices' Ruling Stresses Quick Action Against Absconders

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    Following the U.S. Supreme Court's recent holding in Rico v. U.S. that a supervised release term is not automatically extended when a defendant absconds, probation officers and prosecutors risk being unable to address later violations if they don't act promptly to secure warrants, say attorneys at Winston & Strawn.

  • Justices May Hesitate To Limit Courts' Arbitration Review

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    Based on Monday's argument in Jules v. Andre Balazs, the U.S. Supreme Court seems poised to preserve federal jurisdiction over arbitral award enforcement stemming from actions originated in federal court, a holding that would markedly limit the court's 2022 Walters v. Badgerow decision, says Ashwini Jayaratnam at DarrowEverett.

  • Series

    Ultramarathons Make Me A Better Lawyer

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    Completing a 100-mile ultramarathon was tougher, more humbling and more rewarding than I ever imagined, and the experience highlighted how long-distance running has sharpened my ability to adapt to the evolving nature of antitrust law and strengthened my resolve to handle demanding, unforeseen challenges, says Dan Oakes at Axinn.

  • State FARA Laws Pose Unique Constitutional Challenges

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    Several states have recently enacted foreign agent registration and disclosure regimes that were modeled after the Foreign Agents Registration Act, but these state laws raise several constitutional questions, including concerns about preemption, speech and petition, and vagueness, says Alexandra Langton at Covington.

  • Series

    Pa. Banking Brief: All The Notable Legal Updates In Q1

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    The first quarter of 2026 brought several consequential developments for Pennsylvania financial institutions, including the state banking department's first assessment overhaul in 10 years, a bill prohibiting interchange fees on card transaction sales taxes and a federal appeals court's upholding of a $52 million enforcement action, say attorneys at Gross McGinley.

  • Determining When Engineered Biologics May Be Patentable

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    The Federal Circuit's recent decision in Regenxbio v. Sarepta, concluding that engineered cells with DNA from different organisms are not patent-ineligible natural phenomena, raises questions surrounding what framework courts will use to evaluate the patent eligibility of engineered biologics moving forward, says Robert Frederickson at Goodwin.

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