Maryland's highest court declared Thursday that a lower state court did not have the authority to order the Attorney Grievance Commission to investigate three lawyers representing Hillary Clinton, despite accusations of professional misconduct by an out-of-state attorney.
A California appellate court has affirmed a jury’s verdict that a doctor’s negligence did not contribute to the development of brain damage in a baby he helped deliver.
The Ninth Circuit affirmed Viacom International Inc.’s $14.9 million win in a suit accusing toy company MGA Entertainment Inc. of breaching four contracts in connection with ad sales and production of a TV show for the Lalaloopsy doll brand, agreeing with the lower court that MGA failed to show that Viacom materially breached the contracts first.
The U.S. Supreme Court’s decision allowing states to collect tax from online and other remote retailers will inevitably lead to disparate tax policies and new risks for small businesses unless Congress steps in to enact uniformity and protections.
The U.S. Supreme Court’s “narrow” ruling that U.S. Securities and Exchange Commission administrative law judges are inferior officers subject to the appointments clause of the Constitution leaves open the question of how the SEC — and other federal agencies that use ALJs — will resolve cases handled by improperly appointed judges, legal experts said Thursday.
The U.S. Supreme Court, in Thursday’s landmark decision to overturn more than half a century of precedent requiring physical presence before states can compel retailers to collect and remit use tax, made clear that the structure of the remote seller law, with which it was presented as a test case, made a difference.
The D.C. Circuit’s dismissal of the Electronic Privacy Information Center’s bid to force the Federal Aviation Administration to address privacy concerns in its commercial small-drone rule signals that state and local governments will assume most of the responsibility for tackling privacy protections for drone use, attorneys say.
A Texas appellate court on Thursday sided with a blog and its author, holding a trial court had wrongly declined to dismiss a defamation claim brought by a school principal and ruling a state free speech law protects the blog posts at issue on the ground they concern matters of public concern involving public officials.
The U.S. Supreme Court on Thursday found in South Dakota v. Wayfair that a state may impose sales and use tax collection obligations on remote sellers that lack a physical presence in the state, overturning over two decades of precedent that had prohibited such tax regimes. Here, attorneys tell Law360 why the decision is significant.
A New Jersey state appeals court affirmed Thursday that the members of a strip club venture must arbitrate their ownership dispute, ruling that the entrepreneur who is suing is an “experienced businessman” who understood that the buyout agreement with his partners was subject to a related deal to keep disputes out of court.
Two trade associations for pharmaceutical benefits managers and health insurers have thrown their support behind Anthem Inc. and Express Scripts Inc. in a dispute at the Second Circuit over the companies’ drug pricing, arguing that the companies weren’t acting as fiduciaries when they contracted together.
A New Jersey state appeals court ruled Thursday that a Sears customer was not actually harmed by purported consumer protection violations on her sales receipts for ovens and so could not revive her putative class action against the retailer, noting that she received a full refund for the returned merchandise.
The First Circuit has affirmed a Massachusetts federal judge’s decision to deny a patent agency’s bid for discovery into an MIT lab’s European patents for genome-editing technology, saying that the court correctly found that the agent failed to prove the European patent office’s need for its assistance.
A man who says he was shocked with a stun gun, shot and arrested by hospital security as he was having a manic episode cannot pursue a negligence claim against the medical center because it is technically a health care liability claim requiring a qualified expert witness, but his other claims can move forward, a Texas appeals court ruled Thursday.
The Fifth Circuit on Thursday closed the book on the U.S. Department of Labor’s controversial 2016 fiduciary rule, which required retirement advisers to act in the best interest of clients, issuing a mandate that officially vacates the rule three months after a divided panel invalidated it.
A patent licensing agreement between Sharper Image and a virtual reality company doesn’t bar Patent Trial and Appeal Board challenges, as it only limits litigation tied to interpreting the contract, the retailer told the Federal Circuit in a brief made public Thursday.
A Georgia state appellate court on Thursday shut down a defamation lawsuit against an attorney representing a man injured in a car accident allegedly caused by a driver using Snapchat's "speed filter," saying public statements made by the lawyer were protected and based on the best information he had at the time.
The Third Circuit has affirmed attorneys’ fees awarded to a siren maker sued by firefighters who claim they suffered hearing loss, ruling in a precedential decision that the firefighters’ failure to thoroughly vet the claims led to substantial legal costs before the case was dropped for good.
Prosecutors urged the Second Circuit to uphold the securities fraud conviction of former American Realty Capital Properties Inc. CFO Brian Block on Wednesday, saying a jury was free to reject his explanation of a $13 million tweak to financial statements.
A company that had hoped to run Central Park's Loeb Boathouse bar and restaurant has lost its New York state suit accusing the city of manipulating the bidding process by favoring a competitor who donated $10,000 to a political campaign linked to Mayor Bill de Blasio.
With more judicial vacancies at the start of his term than any president in the past three decades, President Donald Trump has an unusual opportunity to reshape the federal judiciary. Here is Law360's comprehensive guide to the nominations.
In a series of exclusive interviews with Law360, current and former Supreme Court justices discussed topics as varied as the president’s wartime powers, their own decision-making process, the confirmation of the court’s newest member, and the void left by the death of Justice Antonin Scalia.
The U.S. Supreme Court's decision in Hall v. Hall is significant because it clarifies that parties have an immediate right of appeal following a final decision in actions consolidated under Rule 42(a). Companies that routinely face consolidation will have to be diligent in taking timely appeals, say Desiree Moore and Daisy Sexton of K&L Gates LLP.
While the U.S. Supreme Court's decision in China Agritech v. Resh is clearly a win for class action defendants, one might fairly question how broad an application the decision itself may have. Its real significance likely lies in what it conveys when viewed together with the court’s other recent decisions restricting both equitable tolling and class actions, say Noelle Reed and Austin Winniford of Skadden Arps Slate Meagher & Flom LLP.
The three Jones Day partners who represented software developer SAS Institute give us a peek inside the five-year journey that took a seemingly ordinary Patent Trial and Appeal Board case to the U.S. Supreme Court this term, and changed the U.S. patent system.
For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.
The Ninth Circuit recently rejected an industry challenge to a U.S. Drug Enforcement Administration rule classifying cannabidiol medicines as Schedule 1 drugs. This decision might chill the CBD boom taking place around the country, but could also spur action at the federal level that would supersede the DEA's rule, say attorneys at Akerman LLP.
New Jersey limited partnerships, pass-through entities and their respective partners or members may have significant refund opportunities in light of the state tax court's recent holding in National Auto Dealers Exchange LP v. Director, Division of Taxation, says Jaime Reichardt of Sills Cummis & Gross PC.
The deadline for appealing the Fifth Circuit's decision on the amended fiduciary rule to the U.S. Supreme Court expired on June 13, and — pending the Fifth Circuit's mandate ordering the U.S. Department of Labor to officially strike it down — the rule is no more. So, what now? Will the clock be turned back to an earlier time? Maybe not completely, say Andrew Oringer and Aryeh Zuber of Dechert LLP.
In this recap of the U.S. Supreme Court's recent decision in Masterpiece Cakeshop v. Colorado Civil Rights Commission, experts offer insight on various aspects of one of the term's most highly anticipated decisions.
The legal industry has already begun to feel the impact of anti-bribery and anti-money laundering requirements. When involved with cryptocurrency trading and remittance, law firms face more than the risk of being perceived as organizations that support money laundering practices, says John Reed Stark of John Reed Stark Consulting LLC.
The majority of circuit courts that have addressed the issue have made clear that district courts should not consider inadmissible evidence when evaluating motions for class certification. In the final part of this series, Robert Sparkes of K&L Gates LLP presents a critique of the minority viewpoint as recently adopted by the Ninth Circuit in Sali v. Corona Regional Medical Center.