• March 13, 2018

    2nd Circ. Denies Redo For Exchanges In Immunity Fight

    The Second Circuit said Tuesday it won’t rethink a panel decision from December that found U.S. stock exchanges don’t enjoy absolute immunity from lawsuits, rejecting the exchanges’ attempt to scrap a consolidated group of class actions alleging they misled investors about dealings with high-frequency trading firms.

  • March 13, 2018

    5th Circ. Approves Much Of Texas' Anti-Sanctuary City Law

    A Fifth Circuit panel Tuesday upheld most of a Texas statute that bars so-called sanctuary city policies, vacating most of the district court’s injunctions of the statute after finding that it is largely not in violation of the U.S. Constitution.

  • March 13, 2018

    7th Circ. Revives TCPA Suit Against Text Message Marketer

    A Seventh Circuit panel on Monday revived a man’s suit accusing a company of sending him unsolicited text messages in violation of the Telephone Consumer Protection Act, finding that he should have had a chance to conduct discovery before the lower court ruled against him.

  • March 13, 2018

    NLRB's Joint Employer Review Bid Premature, DC Circ. Hears

    Browning-Ferris Industries of California Inc. told the D.C. Circuit on Monday that it was “premature” for the National Labor Relations Board to ask that an order remanding the company’s appeal of the board’s expanded joint employer test be revoked, but the NLRB stuck to its guns a day later by arguing the circuit should take the case back.

  • March 13, 2018

    Halliburton Need Not Arbitrate $12M Row, 5th Circ. Hears

    Halliburton Energy Services Inc. told the Fifth Circuit on Monday that a $12 million dispute with Ironshore Specialty Insurance Co. over losses from an oil well fire is not arbitrable because Halliburton and Ironshore never entered into a direct contract that called for arbitration between them.

  • March 13, 2018

    Fed. Circ. Upholds Ericsson Patent At Center Of TCL Suit

    The Federal Circuit on Tuesday affirmed Patent Trial and Appeal Board decisions upholding the validity of an Ericsson patent covering a system for controlling software in mobile devices, which TCL Communication Technology Holdings Ltd. was recently found to have infringed in a related district court case.

  • March 13, 2018

    Fed. Circ. Affirms PTAB Wins For Sony, Epson

    The Federal Circuit on Tuesday upheld Patent Trial and Appeal Board decisions that a liquid crystal display technology patent challenged by Sony and Epson was invalid, choosing not to take up a patent holder's argument that the America Invents Act's inter partes reviews are unconstitutional.

  • March 13, 2018

    How They Won It: Akin Gump Lands High Court Win For Tribe

    Recognizing that the U.S. Supreme Court might be on the verge of overturning a D.C. Circuit ruling that Congress didn't violate the constitutional separation of powers with a law blocking a legal challenge to the Gun Lake Tribe's Michigan casino project, Akin Gump Strauss Hauer & Feld LLP stepped in and refocused the case on a new argument that tipped the scales decisively in the tribe's favor. 

  • March 13, 2018

    NJ Justices To Resolve Conflict Over Unemployment Benefits

    The New Jersey Supreme Court has agreed to tackle a conflict between two state appellate opinions over whether an employee must begin working at a new job within a week after leaving a prior employer or simply accept the position to be eligible for unemployment benefits.

  • March 13, 2018

    Duane Morris Beats Bid To Revive Malpractice Suit In Pa.

    A Pennsylvania appeals court on Tuesday affirmed a trial court decision ending a malpractice suit that accused Duane Morris LLP of botching a federal appeal over a failed corporate deal to acquire a submarine fiber-optic network.

  • March 13, 2018

    Ex-NFLer, Atty Fight SEC's Stock Scam Wins At 9th Circ.

    Ex-NFL player Willie Gault and convicted attorney Mitchell Stein told a Ninth Circuit panel Tuesday that the U.S. Securities and Exchange Commission shouldn’t have won cases alleging they fraudulently inflated a heart monitor company’s stock, with Gault saying he was duped by Stein, who argued the civil and criminal cases against him were at odds.

  • March 13, 2018

    Illumina Tells Fed. Circ. Ariosa Doesn’t Deserve 2nd Chance

    Illumina Inc. urged the Federal Circuit to pass on Ariosa Diagnostics Inc.’s bid for a rehearing of an affirmed Patent Trial and Appeal Board decision in the companies’ long-running feud over prenatal testing technology, arguing there was nothing “exceptionally important” about the panel’s ruling.

  • March 13, 2018

    10th Circ. Sides With DOL In Row Over New Fiduciary Rule

    A Tenth Circuit panel Tuesday affirmed a decision upholding the U.S. Department of Labor's new fiduciary rule for retirement account advisers related to fixed indexed annuity sales, agreeing with the lower court that the rule’s critics were given an opportunity to comment on it.

  • March 13, 2018

    HP Urges Full Fed. Circ. To Undo Limits On Quick Alice Wins

    HP Inc. told the full Federal Circuit on Monday that a panel decision last month making it more difficult for courts to invalidate patents early in a case for claiming only abstract ideas “creates a serious conflict” with prior decisions and will make patent cases more complex and expensive.

  • March 13, 2018

    Litigation Stay Fight Brewing In Zohar Funds Ch. 11 Cases

    Zohar Funds, the stressed-business investment vehicle, told a Delaware bankruptcy judge Tuesday that it intends to use the bankruptcy process to pause numerous litigations pending in multiple venues in order to monetize its investments in portfolio companies, but those plans were immediately threatened by the funds' collateral managers seeking to move its case against the funds' founder forward.

  • March 13, 2018

    7th Circ. Affirms Fired Atty's Fee After Second Review

    The Seventh Circuit on Tuesday affirmed an $87,500 fee awarded to an attorney who was fired before his client accepted a $250,000 settlement in his hip-replacement case, saying the lower court had enough evidence to justify the award.

  • March 13, 2018

    Au Pair Host Families Back Co. In Mass. Labor Law Appeal

    A group of host families backed an au pair company Monday in its bid to convince the First Circuit to restart a case asking that the child care providers be treated as part of a cultural exchange program, rather than employees subject to Massachusetts labor laws.

  • March 13, 2018

    IRS Must Find Italian Docs In $1M Tax Spat, DC Circ. Told

    The D.C. Circuit Court was asked Monday to reverse a lower court’s grant of a quick win in favor of the IRS, and instead to make the agency renew its efforts to find a document it allegedly obtained from Italian authorities related to a tax underpayment of nearly $1 million by a woman with both Italian and U.S. income.

  • March 13, 2018

    2nd Circ. Nixes Plea Of Immigrant Not Warned Of Removal

    The Second Circuit on Tuesday vacated a plea agreement reached between the federal government and a lawful permanent U.S. resident from the Philippines who copped to drug and gun possession but said later he was never informed that his admission could result in deportation following his sentence.

  • March 13, 2018

    Fed. Circ. Upholds PTAB Win For Amazon On Signal Patents

    The Federal Circuit on Tuesday affirmed two Patent Trial and Appeal Board decisions invalidating patents relating to signal processing in electronic media that were challenged by Inc., after a patent licensing company unsuccessfully urged the panel to revive the patents in oral arguments earlier this month.

Expert Analysis

  • Opinion

    The Dangers Of DOJ Victory In High Court Microsoft Case

    Saad Gul

    American tech firms have dominated the world for decades. But now, in the Microsoft warrant case, the U.S. Department of Justice may clumsily, inadvertently and shortsightedly accomplish what foreign governments and international competitors have been unable to do — kill the goose that lays the golden eggs, say ​​​​​​​Saad Gul and Michael Slipsky of Poyner Spruill LLP.

  • Protecting Privilege In Litigation Financing Negotiations

    Eric Robinson

    Multiple courts have held that discoverable material from negotiations with a litigation funder, when executed properly, can be attorney work product and immune from disclosure in the later litigation. The recent Acceleration Bay decision is indicative of what happens when difficult facts conflict with best practices, says Eric Robinson of Stevens & Lee PC.

  • Settling The Case When 1 Side Has Already Won

    Diane DeWolf

    In Florida, appellate mediation offers a less expensive alternative to ending litigation before an entire appeal takes place. Provided that both parties are willing to compromise and understand the state's processes, mediation provides a means of resolving two parties' differences even after one party has won at trial, says Diane DeWolf of Akerman LLP.

  • No Relief For Whistleblowers In 7th Circ.

    Steven Pearlman

    A trifecta of recent decisions illustrate a trend of the Seventh Circuit rejecting whistleblower retaliation claims. These cases raise the bar for plaintiffs trying to establish that they engaged in protected activity, a welcome change for employer-defendants, say Steven Pearlman and Edward Young of Proskauer Rose LLP.

  • The 8 Corners Rule Is Not So Absolute

    Ronald Puhala

    Though some courts adhere to an overly strict interpretation of the eight corners rule, consideration should be given to the argument that the rule only determines when the duty to defend is triggered, not when it is terminated, says Ronald Puhala of Foran Glennon Palandech Ponzi & Rudloff PC.

  • Guest Feature

    George Pataki: The Farmer From Peekskill


    In a conversation ranging from Wall Street lawyering to Howard Stern to the shape of the New York Court of Appeals, White and Williams LLP counsel Randy Maniloff sits down with former New York Gov. George Pataki at his office at Norton Rose Fulbright.

  • The Securities Law Questions Raised By #MeToo

    Deborah Birnbach

    Although companies often do not disclose internal or government investigations generally, and there are no cases obligating disclosure of sexual harassment investigations specifically, companies are not impervious to litigation for failing to disclose such information, or for breach of fiduciary duty in connection with tolerating sexual harassment, say attorneys with Goodwin Procter LLP.

  • Avoid Getting A Plaintiff's Fingerprint Pointed At You

    Stephanie Sheridan

    Over the last year or so, what began as a handful of cases under the little-known lllinois Biometric Information Privacy Act has evolved into a wave of well over 30 cases against some of the world’s largest companies. However, a recent decision from the Illinois Court of Appeals could potentially stifle the growing momentum, say Stephanie Sheridan and Meegan Brooks of Steptoe & Johnson LLP.

  • Antitrust Questions Posed By The Justices In AmEx Case

    Steven Levitsky

    Ohio v. American Express is an important U.S. Supreme Court case that could decide the standard by which complex, “two-sided market” antitrust claims will be litigated. At oral argument on Monday, Justice Neil Gorsuch was the most aggressive questioner and strongly supported affirming the Second Circuit, says Steven Levitsky of Bona Law PC.

  • Why Machine Learning Should Matter To Lawyers

    Dan Puterbaugh

    Legal leaders who want to meet their clients' expanding expectations should start moving their documents to future-ready document management solutions now if they want to stay competitive in the next few years, says Dan Puterbaugh of Adobe Systems Inc.