Try our Advanced Search for more refined results
Appellate
-
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.
-
September 13, 2024
DC Circ. Gives EPA Chance To Review Good Neighbor Plan
The U.S. Environmental Protection Agency will have a chance to review its Good Neighbor Plan in-house before litigating it further, according to a D.C. Circuit ruling granting the agency's request to remand the rule, so it could respond to issues raised by the U.S. Supreme Court.
-
September 13, 2024
Neb. Court Allows Competing Abortion Measures On Ballot
Nebraska's top court agreed on Friday to let two competing — and sharply contested — abortion initiatives on the November ballot.
-
September 13, 2024
Ga. Lawyers Group Blast 'Chill' Of Young Thug Atty Contempt
A Georgia criminal defense lawyers group has called on the state Supreme Court to erase the contempt conviction of an attorney representing rapper Young Thug for the lawyer's refusal to reveal how he learned about a judge's closed-door meeting with prosecutors and a witness, saying the sanction could have a chilling effect on attorneys' ability to represent criminal defendants.
-
September 13, 2024
3rd Circ. Won't Undo Philly DA's Immunity From Cop's Suit
The Third Circuit won't revive a Philadelphia police officer's lawsuit alleging that city District Attorney Larry Krasner violated his civil rights by hitting him with a murder charge that was ultimately tossed, finding that the officer couldn't overcome the immunity granted to prosecutors when advocating on behalf of the state.
-
September 13, 2024
Mass. Justices Say Benefits Don't Accrue Under Leave Law
Massachusetts' top court ruled Friday that the state's Paid Family and Medical Leave Act doesn't allow a group of state troopers to accrue certain benefits while on leave.
-
September 13, 2024
Wash. Biz Group Dues Weren't Deductible From Gross Income
The Better Business Bureau isn't entitled to a refund of business and occupation taxes paid to the Washington Department of Revenue in 2017, an appeals court affirmed, agreeing with the department that membership dues weren't deductible from gross income.
-
September 12, 2024
8th Circ. Nixes $563M Verdict Against BMO Harris Over Ponzi
The Eighth Circuit on Thursday struck down a $563 million verdict against BMO Harris NA over claims that a bank it acquired had aided and abetted Thomas J. Petters' multibillion dollar Ponzi scheme, ruling that the bank should have been allowed to raise a defense that would have barred the suit in the first place.
-
September 12, 2024
Trump Gets Counts Cut From Ga. Election Interference Case
Donald Trump and his co-defendants in the sprawling Georgia election interference case scored a partial victory Thursday when a judge dismissed three charges from the 41-count indictment, pointing to a 134-year-old U.S. Supreme Court holding that states can't pursue criminal conduct in connection with federal matters.
-
September 12, 2024
2nd Circ. Rejects Another Trump Bid To Halt Hush Money Case
The Second Circuit on Thursday rejected former President Donald Trump's request for an emergency order pausing his criminal hush money case, citing New York state court Justice Juan M. Merchan's decision to push his sentencing hearing from Sept. 18 until after the election.
-
September 12, 2024
FCC Tells 6th Circ To Affirm Net Neutrality
The Federal Communications Commission told the Sixth Circuit the agency acted well within the law when it reimposed net neutrality limits on broadband providers and urged the court to reject industry claims that the commission's authority to regulate high-speed internet service is a "major question" that only Congress may address.
-
September 12, 2024
Towers Watson Can't Duck Bump-Up Exclusion, 4th Circ. Told
Towers Watson's latest effort to get its directors and officers insurers to fund a $75 million settlement in a shareholder suit over its merger with Willis should be tossed, the insurers told the Fourth Circuit, saying the bump-up exclusion unambiguously applies to bar coverage.
-
September 12, 2024
McKinsey Partner Can't Undo $11M Music Piracy Judgment
An Eleventh Circuit panel Thursday upheld an $11 million federal default judgment against a McKinsey & Co. partner for pirating music, agreeing with the Georgia lower court that the motion to set aside the roughly 10-year-old order was untimely.
-
September 12, 2024
Del. Justices Uphold Chancery Toss Of $1.2B NCino Deal Suit
The Delaware Supreme Court on Thursday upheld the Chancery's court's decision to throw out nCino investor claims against company directors and investment firm Insight Venture Partners challenging the financial technology company's $1.2 billion acquisition of mortgage loan platform SimpleNexus.
Expert Analysis
-
How 3rd Circ. Raised Bar For Constitutional Case Injunctions
The Third Circuit's decision in Delaware State Sportsmen's Association v. Delaware Department of Safety & Homeland Security, rejecting the relaxed preliminary injunction standards many courts have used when plaintiffs allege constitutional harms, could portend a shift in such cases in at least four ways, say attorneys at Gibson Dunn.
-
The Fed. Circ. In June: More Liability For Generic-Drug Makers
The Federal Circuit’s June ruling in Amarin v. Hikma will likely result in more allegations of induced infringement by generic drugs postapproval, with more of those cases proceeding to at least the summary judgment stage instead of being cut off at the outset, say Jeremiah Helm and Sean Murray at Knobbe Martens.
-
7th Circ. Ruling Expands CFPB Power In Post-Chevron Era
The Seventh Circuit’s recent ruling in Consumer Financial Protection Bureau v. Townstone Financial interprets the Equal Credit Opportunity Act broadly, paving the way for increased CFPB enforcement and hinting at how federal courts may approach statutory interpretation in the post-Chevron world, say attorneys at Saul Ewing.
-
Series
After Chevron: ERISA Challenges To Watch
The end of Chevron deference makes the outcome of Employee Retirement Income Security Act regulatory challenges more uncertain as courts become final arbiters of pending lawsuits about ESG investments, the definition of a fiduciary, unallocated pension forfeitures and discrimination in healthcare plans, says Evelyn Haralampu at Burns & Levinson.
-
Menendez Corruption Ruling Highlights Attorney Proffer Risks
The recent admission of slides used in a preindictment presentation as evidence during U.S. Sen. Bob Menendez’s corruption trial highlights the potential pitfalls of using visual aids in attorney proffers, and the increasing importance of making disclaimers regarding information presented at the outset of proffers, say Carrie Cohen and Savanna Leak at MoFo.
-
Opinion
Expert Witness Standards Must Consider Peer Review Crisis
For nearly two decades, the so-called replication crisis has upended how the scientific community views the reliability of peer-reviewed studies, and it’s time for courts to reevaluate whether peer review is a trustworthy proxy for expert witness reliability, say Jeffrey Gross and Robert LaCroix at Reid Collins.
-
Analyzing Advance Notice Bylaws On 'Clear' Or 'Cloudy' Days
In Kellner v. AIM ImmunoTech, the Delaware Supreme Court recently clarified the framework for judicial review of advance notice bylaws adopted, amended or enforced on "clear" or "cloudy" days, underscoring the responsibility of boards to ensure that their scope does not overreach or prevent the possibility of a contested election, say attorneys at Venable.
-
2nd Circ. Ruling May Limit Discovery In Int'l Arbitration
The Second Circuit's recent Webuild v. WSP decision, affirming a discovery order's nullification in arbitration between Webuild and the government of Panama, demonstrates courts' unwillingness to find that arbitral tribunals in investor-state cases fall within the scope of the discovery statute, say attorneys at Cleary.
-
Takeaways From High Court's Tribal Health Admin Cost Ruling
The U.S. Supreme Court's recent determination that the government must reimburse two Native American tribes for administrative healthcare costs will help tribes maintain equal footing with the Indian Health Service when administering programs, and continues a pattern of how the current court aligns on tribal concerns, say attorneys at Lewis Roca.
-
Justices' Intent Witness Ruling May Be Useful For Defense Bar
At first glance, the U.S. Supreme Court’s recent Diaz v. U.S. decision, allowing experts to testify to the mental state of criminal defendants in federal court, gives prosecutors a new tool, but creative white collar defense counsel may be able to use the same tool to their own advantage, say Jack Sharman and Rachel Bragg at Lightfoot Franklin.
-
How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
-
High Court's Expert Ruling May Help Health Fraud Defendants
The U.S. Supreme Court's decision in Diaz v. U.S. appears to give the government a powerful new tool in calling its own agents as expert witnesses, but it could also benefit defense counsel in criminal healthcare fraud and other white collar criminal cases that arise in complex legal or regulatory environments, say attorneys at Holland & Knight.
-
Patent Lessons From 5 Federal Circuit Reversals In June
A look at June cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court highlights a potential path for branded drugmakers to sue generic-drug makers for off-label uses, potential downsides of violating a pretrial order offering testimony, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
-
Jarkesy's Impact On SEC Enforcement Will Be Modest
Though the U.S. Supreme Court’s recent U.S. Securities and Exchange Commission v. Jarkesy decision found that fraud defendants have a constitutional right to a jury trial, the ruling will have muted impact on the agency’s enforcement because it’s already bringing most of its cases in federal court, say Jeremiah Williams and Alyssa Fixsen at Ropes & Gray.
-
Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.