Appellate

  • July 20, 2026

    2nd Circ. Keeps Drug Sentence After Flee Attempt, Proffer Lies

    The Second Circuit upheld a 12-year sentence for a New York man convicted of drug trafficking, finding that the sentence was correct after he chartered a private jet to flee the country and lied to federal investigators about his involvement as part of a proffer agreement. 

  • July 20, 2026

    Ga. Gov. Names US Magistrate Judge To State Appellate Court

    Georgia Gov. Brian Kemp has appointed a U.S. magistrate judge for the Southern District of Georgia as a Georgia Court of Appeals judge, a move that came after the judge made the short list for a Georgia Supreme Court justice vacancy last year.

  • July 20, 2026

    Fed. Circ. Told Decision Clearing Sirius In Patent Case Flawed

    German research institute Fraunhofer-Gesellschaft has urged the Federal Circuit to revive its patent suit against SiriusXM, saying a lower court made various errors when deciding that the satellite radio giant relied on a delay in bringing the suit.

  • July 20, 2026

    2 More Whitmer Plot Convictions Reversed In Michigan

    Two men sentenced to prison for providing material support for terrorism and other crimes tied to the 2020 plot to kidnap Michigan Gov. Gretchen Whitmer had their convictions vacated Monday after a Michigan appellate panel ruled that a recent decision overturning a co-defendant's convictions required the same result.

  • July 20, 2026

    3rd Circ. Deems ADA Claims Untimely, Flags Misquotes

    A Pennsylvania hospital employee disclosed her diabetes too late and did not clearly ask for accommodation before she was fired for sleeping on the job, a Third Circuit panel ruled Monday, additionally sanctioning her attorney for filing a minor motion that possibly contained artificial intelligence hallucinations.

  • July 20, 2026

    7th Circ. Backs Arbitrator's Finding That Ill. Hotel Flouted CBA

    A Chicago hotel can't duck an arbitrator's finding that it needed to employ union workers while operating as a migrant shelter, a Seventh Circuit panel ruled, rejecting the hotel's argument that the arbitration award wasn't grounded in the terms of a collective bargaining agreement.

  • July 20, 2026

    CIT Judge Changes IEEPA Test Case But Retains Schedule

    The U.S. Court of International Trade has selected a new underlying case as the one to test the federal government's updates on its system for refunding duties charged under President Donald Trump's struck-down global tariff regime, though it otherwise kept in place certain reporting and hearing deadlines.

  • July 20, 2026

    4 Patent Cases To Watch In The Second Half Of 2026

    New limits on the ability to challenge patents tied to when they were issued, the invalidity standards for antibody patents and the test for design patent infringement are all at issue in cases patent attorneys will be monitoring for the rest of the year.

  • July 20, 2026

    AGs Say DOJ Suit Would 'Upend' Atty Discipline System

    Attorneys general in 20 states have raised alarms over the U.S. Department of Justice's "unprecedented effort" to halt a disciplinary case in D.C. against former federal prosecutor Jeffrey Clark, warning the Trump administration is trying to "upend a centuries-old system of attorney discipline" and put federal government lawyers beyond the reach of local disciplinary authorities.

  • July 20, 2026

    Microchip Co. Will Pay $13M To End Merger Severance Fight

    A microchip-maker will pay more than $13 million to settle a long-running class action alleging it illegally shut down a severance program following a 2016 merger, according to terms of the proposed deal filed in California federal court.

  • July 20, 2026

    Top Gov't Contracting Cases To Watch In The 2nd Half Of 2026

    Federal courts in the latter half of 2026 are expected to decide if the Trump administration overstepped by designating Anthropic a supply chain risk to national security and whether the False Claims Act's qui tam provisions pass constitutional muster, potentially affecting the government's ability to tackle fraud.

  • July 20, 2026

    Meet The Attys Vying For Position 1 On The Wash. High Court

    A civil rights litigator who left a top role at the Washington state attorney general's office last fall to step in for a retiring state Supreme Court justice is vying this election season to retain the seat for the next two years, drawing opposition from a Ballard Spahr LLP tax attorney and a longtime family law practitioner.

  • July 17, 2026

    Full 3rd Circ. Wipes Out New Jersey Assault Weapons Ban

    The full Third Circuit on Friday held that New Jersey's decades-long ban on semi-automatic firearms and high-capacity magazines is unconstitutional, though some judges said the way the weapons are now being used as well as recent technological advances couldn't have been foreseen by the Constitution's framers.

  • July 17, 2026

    9th Circ. Tosses Child Sex Abuse Conviction Over Bad Search

    A Ninth Circuit panel threw out the conviction of a man who pled guilty to recording himself raping his 7-year-old daughter in Washington, saying Friday that officers discovered the videos on his computer after going beyond the bounds of an unrelated search warrant.

  • July 17, 2026

    US Seeks Toss Of Arbutus Patent Suit Over Moderna Vaccine

    The federal government asked the U.S. Court of Federal Claims on Friday to dismiss much of a patent suit against it by Arbutus Biopharma tied to Moderna's COVID-19 vaccine, saying the court couldn't hear the bulk of the case because Arbutus and Moderna reached a multibillion-dollar consent judgment that is subject to appeal.

  • July 17, 2026

    Deutsche Bank Can Pursue Billionaire Vik Over $243M Order

    A Connecticut appeals court on Friday revived a Deutsche Bank lawsuit against billionaire Alexander Vik, concluding that the bank's prior litigation loss did not bar a second lawsuit accusing Vik and his daughter of disrupting a Norwegian software company's share sale designed to partially satisfy a $243 million English court judgment.

  • July 17, 2026

    4th Circ. Bars Salvadoran Woman's Bid To Cancel Removal

    A split panel of the Fourth Circuit ruled Friday an El Salvador woman granted temporary removal relief did not have an immigration "status" and was therefore ineligible to seek to stop her deportation, breaking with precedent in the Fifth and Ninth circuits.

  • July 17, 2026

    Split DC Circ. Halts Block Of DOD Escort Rule

    A divided D.C. Circuit panel has paused a preliminary injunction blocking the U.S. Department of Defense's policy that reporters must be escorted whenever they're in the Pentagon.

  • July 17, 2026

    Pipeline Worker Engaged In Interstate Commerce, Court Says

    A Texas appeals court ruled that Energy Transfer LP cannot compel the family of a man who died in a pipeline explosion to arbitration under the Federal Arbitration Act, finding Thursday that the FAA did not apply to his employment contract because he engaged in interstate commerce.

  • July 17, 2026

    2nd Circ. Sends Sprinter's Gatorade Doping Suit To NY Court

    The Second Circuit on Friday deferred the appeal by a track athlete claiming Gatorade supplied him with tainted gummies to a New York state appeals court to determine whether his complaint is covered by state tort or contract law.

  • July 17, 2026

    Mass. Court Tosses Evidence After Bodycams Show Coercion

    Massachusetts' highest court on Friday said a gun and drugs found in a car after police repeatedly searched and pressured the driver for the key must be thrown out as evidence in a case that one of the justices, in a concurrence, says highlights the value of police-worn body cameras.

  • July 17, 2026

    Fed. Circ. Won't Review Reversal In $18M Penile Implant Case

    The full Federal Circuit said Friday that it won't review a panel decision that mostly undid a California federal jury verdict that awarded $18.3 million to International Medical Devices Inc. in a trade secret case about penile implants.

  • July 17, 2026

    9th Circ. Rekindles Idaho Logging Review Dispute

    The Ninth Circuit revived a conservation group's suit against the U.S. Forest Service over an environmental review of an Idaho logging project, ruling that the group should have been allowed to raise an argument it had not raised during an earlier administrative process.

  • July 17, 2026

    Del. High Court Says Jarkesy Doesn't Extend To State Cases

    The Delaware Supreme Court has declined to apply the U.S. Supreme Court's Jarkesy holding to a state securities fraud suit arising from an administrative enforcement action brought by the state's Investor Protection Unit, finding there are no similar common-law cases requiring the right to a jury trial.

  • July 17, 2026

    Mich. Panel Says Restitution Doesn't Cover Memorial Jewelry

    A western Michigan man convicted of manslaughter cannot be required to reimburse a victim's family for memorial jewelry purchased after the victim's death, a Michigan appellate panel has ruled, holding for the first time that such items do not qualify as "actual funeral and related services" under the state's restitution laws. 

Expert Analysis

  • When Do Murals Qualify For IP Protection?

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    Artist Robert Wyland recently sued FIFA for painting over his 1999 "Ocean Life" mural to make room for a World Cup promotion in Dallas, spotlighting questions over the extent to which copyright law and the Visual Artists Rights Act protect different types of art, say attorneys at Armstrong Teasdale.

  • How Justices' Habeas Ruling Limits Compassionate Release

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    The U.S. Supreme Court's recent holding in Fernandez v. U.S. that a federal prisoner who challenges their conviction's validity must do so through habeas, not compassionate release, considerably narrows the universe of arguments that can support a sentence reduction, says attorney Elizabeth Franklin-Best.

  • The Banking Issue Hiding In Justices' Freight Broker Ruling

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    While the U.S. Supreme Court’s recent liability preemption ruling in Montgomery v. Caribe Transport was front-page news for the transportation industry, the banking industry seems to have missed that the decision exposes freight broker lenders to credit, documentation and litigation issues, say attorneys at Barack Ferrazzano.

  • Insurance Ruling Extends NY Bad Faith To 3rd-Party Coverage

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    In Renergy v. Mt. Hawley Insurance, a New York federal court recently granted a policyholder leave to amend its complaint to clarify a bad faith claims handling cause of action, confirming, after nearly 20 years, that bad faith damages are available in the third-party liability context, say attorneys at Barnes & Thornburg.

  • Opinion

    Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

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    A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

  • Fed. Circ. Clarifies Standard For Contesting CICA Overrides

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    The Federal Circuit's recent holding in Life Science Logistics strengthens the hand of protesters facing an override of the Competition in Contracting Act stay, and a Court of Federal Claims decision the same day demonstrates that how a protester frames its requested relief remains critically important, says Richard Arnholt at Bass Berry.

  • The Paradoxical Duty To Adopt AI When You Can't Bill For It

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    Both billing for hours saved using artificial intelligence and preserving billable time by not adopting AI may violate rules of professional conduct, but until bar associations' ethics rules catch up to this emerging economic dilemma, firms must decide how to adjust fee structures themselves, says Ines Lassalle at Peyrot & Associates.

  • 4 Emerging Limits Of Employer Mental Health Notice Defense

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    A California appeals court's recent decision in Husband v. Target, addressing when an employer knows about an employee's undisclosed disability, leaves open questions about how changes in mental health awareness and workforce monitoring tools may raise the bar for what employers can claim not to know, says Benjamin Heller at RFZ Law.

  • Raptors Ruling Shows Risks Of Calif. Enviro Suit Intervention

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    Intervention in California environmental litigation can allow businesses to help defend agency approvals, but after a state appeals court's recent ruling in Raptors Are the Solution v. CropLife America, it is clear that intervention also carries a price — and that courts will hold parties accountable for the full arc of their litigation conduct, says Thierry Montoya at FBT Gibbons.

  • A Decade Later, Escobar Is Still Shaping FCA Cases

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    The U.S. Supreme Court's decision 10 years ago in Universal Health Services v. U.S. ex rel. Escobar changed the way in which lower courts evaluate False Claims Act cases — and the ruling remains vital in nearly every FCA case filed today, say attorneys at Bradley Arant.

  • Sripetch May Prove To Be An Empty Victory For The SEC

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    The U.S. Supreme Court's recent decision in Sripetch v. U.S. Securities and Exchange Commission held that the SEC need not prove pecuniary harm for disgorgement, but if the commission must still identify victims and distribute funds in a compensatory way, it faces the same economic problem as before the ruling, says Erin Smith at Compass Lexecon.

  • 9th Circ. Cooler Ruling Chills 1st Mover Lanham Act Claims

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    The Ninth Circuit's recent decision in Vericool World v. Igloo Products that Vericool's claim of being first-to-market with an ecocooler was not actionable under the Lanham Act largely foreclosed false advertising litigation over first mover status, so potential plaintiffs should instead look to patent counseling or intellectual property strategy for these claims, say attorneys at Manatt.

  • Mapping 5 Fronts Of The Prediction Markets Regulatory Battle

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    The legal framework governing prediction markets is under simultaneous challenge in five independent areas, and the outcomes will determine not just who can operate prediction markets, but the compliance obligations of every participant in the ecosystem, says Ivor Wolk at Manatt.

  • Patent Ruling Highlights Risks Of Late Inventorship Fixes

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    The Federal Circuit's recent decision in Implicit v. Sonos demonstrates the risk of forfeiture with retroactive correction of inventorship in inter partes review proceedings, with a clear message to the patent community that potential inventorship issues should be considered at every stage of a patent's life cycle, say attorneys at BCLP.

  • Adjusting IPR Tactics As Google Fights 'Settled Expectations'

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    Google’s petition for the U.S. Supreme Court to scrutinize the Patent Trial and Appeal Board's so-called settled expectations practice underscores why accused infringers facing older asserted patents should treat discretionary denial as a case-dispositive risk from day one, says attorney Abdul Abdullahi.

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