Appellate

  • June 09, 2026

    RICO Trade Secret Suit Can Survive In Texas, 5th Circ. Says

    The Fifth Circuit on Tuesday reversed a lower court's decision dismissing a lawsuit against the head of an industrial cleaning services company over allegations that his business routinely steals employees from competitors, finding there was a plausible claim against him personally.

  • June 09, 2026

    Texas Appeals Court Reinstates $439M Infrastructure Bonds

    A split Texas appeals court on Tuesday permitted a fast-growing Texas county near Austin to proceed with $439 million worth of infrastructure projects, dealing a setback to a group of county residents who claimed the election approving the bonds was invalid.

  • June 09, 2026

    DOI About-Face Stokes Yearslong Cherokee Land Rights Fight

    The United Keetoowah Band of Cherokee Indians has for years been tied up in litigation with its sister tribe, the Cherokee Nation, over land rights, healthcare and more. Now, a recently withdrawn U.S. Department of the Interior memo over rights to 2.63 acres of land is again stoking tensions.

  • June 09, 2026

    Car Co. ESOP Suit Tossed For Breaking 11th Circ. Rules

    A Florida federal judge dismissed a proposed class action against a car dealership company from ex-workers who alleged mismanagement of their employee stock ownership plan, faulting their amended complaint as a type of shotgun pleading prohibited by Eleventh Circuit rules.

  • June 09, 2026

    Ohio Appeals Court Agrees: Google Not A Common Carrier

    An Ohio appeals panel sided with Google and against a state attorney general's efforts to designate the company a common carrier subject to neutrality controls on its search results, affirming a lower court's rejection of the lawsuit because Google doesn't transport property and doesn't serve users "indifferently."

  • June 09, 2026

    11th Circ. Says Stolen Drugs Theory Can't Undo Life Terms

    A divided Eleventh Circuit has refused to overturn a narcotics dealer's double life sentence for an associate's overdose death, finding that although he did not personally provide the drugs to the woman who fatally overdosed, he is still liable under federal law for her death.

  • June 09, 2026

    Fired Aide Tells Justices DA Invoked Bias Carveout Too Late

    The Eleventh Circuit ignored civil procedure standards when it said the district attorney's office in Fulton County, Georgia, could argue that a former top aide's position was exempt from anti-bias law, the fired worker told the U.S. Supreme Court, arguing the office needed to raise that defense earlier.

  • June 09, 2026

    Mass. Justices Keep 3 Murder Defendants Held Without Bail

    The Massachusetts Supreme Judicial Court affirmed on Tuesday that a high court justice had the discretion to deny bail to three men charged with first-degree murder, despite the fact that they had been incarcerated without a guilty verdict since 2021.

  • June 09, 2026

    Dodge, Jeep Accused Of Delaying Headrest Class Action Trial

    Class members claiming headrests in several Dodge and Jeep vehicles can spontaneously deploy with a potential to cause serious injury accused automaker FCA on Monday of using arbitration claims to delay a federal court trial that has been pending for six years.

  • June 09, 2026

    Environmentalists Challenge EPA Methane Rule Rollback

    The Environmental Defense Fund will challenge a new U.S. Environmental Protection Agency rule loosening methane emission standards for the oil and gas industry in the D.C. Circuit.

  • June 09, 2026

    Senate Confirms Longtime Kan. Prosecutor, KBI Chief To Bench

    The Senate voted 51-46, along party lines, on Tuesday to confirm Tony Mattivi, director of the Kansas Bureau of Investigation, to serve on the bench in the District of Kansas.

  • June 09, 2026

    Google Gets New Chance To Defend IP In Sonos PTAB Dispute

    The Federal Circuit on Tuesday reversed the Patent Trial and Appeal Board's invalidation of claims in a pair of Google's voice command patents challenged by Sonos after the speaker company was accused of infringement.

  • June 09, 2026

    Zillow Loses Appeal In Pa. Fight Over $10K Data Charge

    A Pennsylvania county can charge Zillow more than $10,000 for a listing of all its property assessments under the state's Right-to-Know Law, given that the law allows the county to charge the "reasonable market value" for complex data sets, a state appellate court found Tuesday.

  • June 09, 2026

    Attys, Broker Lose 4th Circ. Bid To Toss Tax Convictions

    The Fourth Circuit on Tuesday affirmed the convictions of a father-daughter attorney duo and an insurance agent in a $22 million tax avoidance scheme, rejecting their arguments that the calculations on the allegedly false tax forms were technically true and the venue was improper.

  • June 09, 2026

    Donor Inflated Easement's Value To $12M, 10th Circ. Told

    A partnership improperly inflated the value of a North Carolina conservation easement donation to nearly $12 million to claim a sizable charitable tax deduction and failed to support the valuation, the IRS told the Tenth Circuit.

  • June 09, 2026

    4th Circ. Lets Hartford Unit Off The Hook For Drug Test Fight

    A Hartford unit doesn't owe coverage to a drug testing company accused of reporting false positive drug tests due to substandard quality control, the Fourth Circuit ruled Tuesday, saying the suit is related to an earlier claim that was covered by another insurer.

  • June 09, 2026

    6th Circ. Says Criminal Past Rightfully Implicated In Removal

    A Sixth Circuit panel refused to reconsider an Albanian man's petition to remain in the country and care for his ailing mother, finding the U.S. Board Of Immigration Appeals acted within its authority when considering his involvement in multiple crimes.

  • June 09, 2026

    2nd Circ. Wary Of Nadine Menendez's Args At Bail Hearing

    A Second Circuit panel signaled skepticism Tuesday toward Nadine Menendez during a hearing on her bid for bail pending appeal of her bribery conviction, repeatedly questioning her claim that prosecutors had misled her about their plans to use her former lawyer as a witness against her.

  • June 09, 2026

    The Law360 400: A Look At The Top 100 Firms

    The race to build the legal industry's largest law firm accelerated in 2025, with major firms leaning on mergers, lateral hiring and strategic expansion to climb the ranks of the Law360 400.

  • June 09, 2026

    Georgia County, Trans Deputy OK End To Surgery Bias Fight

    A Georgia county and a transgender sheriff's deputy who sued over her employee health plan's coverage exclusions for gender-affirming surgery have struck a deal to resolve her case, nine months after the en banc Eleventh Circuit issued a ruling that sided with the county. 

  • June 09, 2026

    Fed. Circ. Doubtful Contractor's Eligibility Challenge Isn't Moot

    The Federal Circuit seemed skeptical of a contractor's attempt to keep alive a 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, after the project was canceled. 

  • June 09, 2026

    Conn. Murder Defendant Loses Bid To Halt Anonymous Jury

    The Connecticut Supreme Court on Tuesday granted expedited review but denied immediate relief to a defendant who claimed a trial judge violated his right to a fair trial and constitutional separation of powers principles by creating what defense counsel described as a new procedure for empaneling an anonymous jury.

  • June 08, 2026

    Fed. Circ. Scrutinizes UT's 'Inflammatory' Comments In IP Trial

    The "inflammatory" language used by the University of Texas to secure a $42 million patent infringement verdict against Boston Scientific is "about as good an example as one can possibly think of," U.S. Circuit Judge Richard G. Taranto told the university's attorney on Monday.

  • June 08, 2026

    9th Circ. Judge Faces Inquiry, Charges After Idaho Altercation

    The Ninth Circuit on Monday identified a judicial misconduct complaint against U.S. Circuit Judge Ryan D. Nelson after he was charged with misdemeanor battery stemming from an argument in an Idaho Falls parking lot that ended with him allegedly stomping a man's eyeglasses on the asphalt.

  • June 08, 2026

    AIPLA, NAM Rally Behind Moderna's Fight Over Vax Patents

    The American Intellectual Property Law Association, National Association of Manufacturers and others urged the Federal Circuit to undo a lower court's ruling that Moderna, and not the government, must face a multibillion-dollar patent infringement suit over its COVID-19 vaccine.

Expert Analysis

  • Class Actions At The Circuit Courts: May Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings from cases involving allegations of Title VII violations, the Employment Retirement Income Security Act, prison dental care violations and overcharging for PACER access.

  • Texas Ruling Makes Avoiding Appraisal Nearly Impossible

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    By deciding that a coverage dispute doesn't nullify an appraisal clause, the Texas Supreme Court, in its recent Ace American Insurance ruling, makes appraisal nearly unavoidable in state personal auto and residential property disputes, says David Winter at Norton Rose.

  • Series

    NY Times Word Puzzles Make Me A Better Lawyer

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    Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

  • Tracking Tech Suit Is A Risk Management Reminder For Cos.

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    The Fifth Circuit recently heard oral argument in Rand v. Eyemart Express — an appeal that could reshape the legal landscape for businesses that deploy tracking tech on their websites — underscoring the importance of proactive risk management for companies across multiple industries, say attorneys at Blank Rome.

  • Series

    Law School's Missed Lesson: Diagnose Before Arguing

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    Law school often skips over explicitly teaching students how to determine what kind of problem a case presents before they commit to a particular doctrinal path, which risks building arguments that are internally coherent but externally misaligned, says Melanie Oxhorn at Kobre & Kim.

  • A Fed. Circ. Blueprint For Drafting Medical Device Patents

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    The Federal Circuit's decision in Constellation Designs v. LG last month, among other recent rulings, underscores the importance of emphasizing engineering, rather than clinical goals, when drafting patent claims for medical devices and software as a medical device, says Brandon Theiss at Volpe Koenig.

  • Decoding Arbitral Disputes: EU's Arb. Defense From Russia

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    The EU's latest package of restrictive measures against Russia marks a significant shift from merely resisting Russian jurisdictional tactics to proactively protecting arbitration and exclusive jurisdiction agreements, elevating the procedural importance of dispute resolution clauses, says Josep Galvez at 4-5 Gray's Inn Square.

  • Becoming The Biz-Savvy GC That Portfolio Companies Need

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    Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

  • Nielsen Appeal Tests Antitrust Limits Of Pricing And Bundling

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    In Cumulus v. Nielsen, the Second Circuit is considering a structural pattern in which a monopolist exploits upstream market power to foreclose downstream competition, which could potentially offer broad insight into how courts will assess exclusionary bundling and pricing defenses under antitrust law, says Luke Hasskamp at Bona Law.

  • Series

    Judges On AI: How Courts Can Survive The Tech Revolution

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    Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

  • 'Skinny Label' Arguments Spotlight Induced Infringement Risk

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    Recent oral arguments before the U.S. Supreme Court in Hikma Pharmaceuticals v. Amarin Pharma highlight the uncertain boundary between lawful generic competition through so-called skinny labels and induced patent infringement, with potential implications for patent holders’ communication, enforcement and causation strategies across industries, says Anton Hopen at Trenam.

  • A Framework For Habeas Relief After 5th Circ. Bond Ruling

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    Following the Fifth Circuit’s recent Buenrostro-Mendez v. Bondi decision foreclosing statutory bond for detained nonimmigrants not deemed admitted to the U.S., lawyers should adopt a framework that requests habeas relief pursuant to the Fifth Amendment’s due process clause, says Kemal Hepsen at Mandamus Lawyers.

  • 4th Circ. Ruling Will Rewrite Class Action Litigation Strategies

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    The Fourth Circuit's recent decision in Oliver v. Navy Federal Credit Union is the first from a federal circuit court to hold that motions to strike are inappropriate vehicles for challenging class allegations at the pleading stage, invalidating a tactic that had been used for decades, says Jim Francis at Francis Mailman.

  • Startup Founder Disputes Increasingly Turn On Governance

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    Recent Delaware developments suggest that as courts place increasing emphasis on board process, independence and oversight in founder-led startups, the growing intersection of governance, technology risk and investor oversight is accelerating both the emergence and escalation of founder disputes, says mediator Frank Burke.

  • 3 AI Adoption Mistakes GCs Should Avoid

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    The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

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