Appellate

  • July 02, 2020

    Uniloc Assails Apple's 'Disingenuous' Bid To Escape WDTX

    Uniloc has hit back at Apple's "disingenuous" attempt to ship a patent case from West Texas to California, telling the Federal Circuit that it is "simply untrue" for the smartphone giant to claim it has no connection to the area when it has 8,000 employees there.

  • July 02, 2020

    GSK Takes Avandia Marketing Battle To Supreme Court

    GlaxoSmithKline is asking the U.S. Supreme Court to upend a Third Circuit ruling in a case over the marketing of the diabetes medication Avandia, saying the appeals court had taken an "impossibly capricious view" of the drug company's duty to provide information to regulators.

  • July 02, 2020

    The Term: It's Roberts' World

    As the U.S. Supreme Court edges closer toward the finish line of the term, Chief Justice John Roberts' sway on the bench was increasingly apparent this week in a trio of opinions on abortion, agency independence, and the separation of church and state.

  • July 02, 2020

    The Biggest Energy Rulings Of 2020: Midyear Report

    It's already been a blockbuster year for court decisions affecting the energy sector, with courts ruling on whether climate change-related litigation can proceed as well as weighing in on key permitting and liability issues. Here are some of the most significant energy-related court decisions from the first half of 2020.

  • July 02, 2020

    4th Circ. Grounds Challenge To Baltimore Airport Construction

    A Maryland county missed the deadline to challenge an updated plan for expanding cargo capabilities at Baltimore-Washington International Thurgood Marshall Airport by seven days and can't pin the delay on anyone other than itself, a Fourth Circuit panel has ruled. 

  • July 02, 2020

    Dem Bill Would Make Judicial Advocacy Groups Name Donors

    Senate Democrats introduced a bill Thursday that would require donor disclosure from groups that sponsor political advertisements about federal judicial nominations, targeting the hundreds of millions in "dark money" raised from unknown donors and spent without limits.

  • July 02, 2020

    9th Circ. Affirms Ruling On FCC Licensing Scheme

    The Ninth Circuit has mostly affirmed a ruling ordering several companies to pay the U.S. Securities and Exchange Commission more than $14 million after the agency accused them of participating in a fraud scheme involving Federal Communications Commission cellular spectrum licenses.

  • July 02, 2020

    Top Federal Tax Decisions Of 2020: Midyear Report

    In the first six months of 2020, the U.S. Supreme Court addressed two long-standing precedents involving tax laws and struck one down in the process, while the U.S. Tax Court decided several cases involving the use of conservation easement deductions. Here, Law360 examines a few of the most important tax decisions in federal courts from the year's first half.

  • July 02, 2020

    Unified Gets Fed. Circ. To Affirm Nixing Of Database Patent

    A Federal Circuit panel has cemented a win for defensive patent group Unified Patents LLC at the Patent Trial and Appeal Board, upholding the board's decision that an earlier textbook renders a Sound View Innovations LLC database management patent invalid as obvious.

  • July 02, 2020

    Border Search Of Cellphones May Need Justices' Input

    American travelers are uncertain of what rights they have when border agents ask to search their cellphones, especially after conflicting rulings from circuit courts, and the U.S. Supreme Court may be the only forum where travelers can get certainty.

  • July 02, 2020

    7th Circ. Told Dynegy Ash Pits Subject To Maui Water Ruling

    Coal ash pits owned by Dynegy Midwest Generation LLC are illegally leaking pollution through groundwater that has turned an Illinois river orange-red and must be more strictly regulated under the Clean Water Act, environmentalists told the Seventh Circuit on Wednesday.

  • July 02, 2020

    High Court Told To Deny Review Of 9th Circ. Voting Ruling

    The Arizona secretary of state and the Democratic National Committee told the U.S. Supreme Court on Wednesday not to grant a bid for review of a Ninth Circuit majority ruling that found two Arizona voting regulations to be discriminatory.

  • July 02, 2020

    Butler Snow Says Timber Scam Contract Favors Arbitration

    The key to determining the correct forum for a case that accuses Butler Snow LLP and its business development subsidiary of helping a now-imprisoned client pull off a massive Ponzi scheme is what the contract doesn't include, the law firm told a Fifth Circuit panel Thursday.

  • July 02, 2020

    Top Pennsylvania Cases Of 2020: A Midyear Report

    Despite the coronavirus pandemic all but shuttering state courthouses for three months, Pennsylvania's appellate courts continued issuing key decisions on major topics over the first half of 2020 such as clarifying the role of trial judges in jury selection and procedures for reviewing potentially privileged material.

  • July 02, 2020

    Top Delaware Cases Of 2020: A Midyear Report

    Despite the pandemic, the first half of 2020 saw epic judicial gear-shifting but no real slowdown in Delaware's key business courts, with new Chancery Court complaints actually picking up and important corporate and commercial law decisions regularly emerging from remotely conducted proceedings.

  • July 02, 2020

    Top New Jersey Cases Of 2020: A Midyear Report

    New Jersey attorneys made possible a host of significant achievements in the first half of 2020 as the state maintained its place as the second-hardest-hit by COVID-19 and shuttered courtrooms forced most proceedings to be held via telephone or Zoom. 

  • July 02, 2020

    Irish Co. Unable To Reverse Alice Loss On Music Transfer IP

    The Federal Circuit has upheld a California federal judge's 2019 ruling that four Data Scape Ltd. patents covering a method for transferring music files from one device to another are invalid under Alice.

  • July 02, 2020

    Alito Sees Inconsistency In How Justices Address Bigotry

    Justice Samuel Alito Jr. suggested there is a double standard with how the U.S. Supreme Court deals with the legacy of bigotry in modern law, contrasting Tuesday's decision in a Montana tax case with one from earlier in the term involving nonunanimous juries.

  • July 02, 2020

    Apple's IPad 2 Smart Covers Not Duty-Free, Fed. Circ. Finds

    The Federal Circuit on Thursday kept in place a 5.3% tariff on Apple's iPad 2 smart covers, finding that U.S. Customs and Border Protection properly determined that the products weren't computer accessories that qualified for duty-free treatment.

  • July 02, 2020

    Fed. Circ. Won't Rethink Upholding Bike Chainring Patent

    The Federal Circuit on Thursday denied Fox Factory's request for a rehearing of a panel's decision upholding an Illinois rival's bicycle chainring patent, after the Georgia-based bike parts maker argued that the issues on appeal are the "mirror image" of another appeal that resulted in a related patent's invalidation.

  • July 02, 2020

    High Court Won't Halt Deportations For Iraqi Christians

    The U.S. Supreme Court on Thursday refused to step in to halt the deportations of Iraqi citizens who fear religious persecution, leaving in place tight limits on court review for individuals with long-standing removal orders.

  • July 02, 2020

    High Court To Review Nestlé, Cargill Child Slavery Suits

    The U.S. Supreme Court agreed Thursday to hear Nestlé and Cargill's challenges to a Ninth Circuit ruling leaving the companies on the hook for allegations that they benefited from African child labor, teeing up a potential ruling on whether U.S. corporations can be liable for human rights abuses abroad.

  • July 02, 2020

    Biggest Environmental Law Rulings So Far In 2020

    2020 has already been a huge year for environmental litigation, with the U.S. Supreme Court clearing up important unanswered questions in water and Superfund law, and an ambitious group of youths losing their effort to bring the federal government to trial over climate policy.

  • July 02, 2020

    Justices Won't Touch 9th Circ. Ruling On Sex-Based Pay Gaps

    The U.S. Supreme Court on Thursday refused to hear a challenge to an en banc Ninth Circuit decision that barred employers from using workers' salary history to justify sex-based pay disparities.

  • July 02, 2020

    Justices To Decide Whether DOJ Must Turn Over Mueller Docs

    The Supreme Court will decide whether the DOJ has to give the House Judiciary Committee unredacted materials from former special counsel Robert Mueller's grand jury investigation, taking up the Trump administration's appeal on Thursday morning.

Expert Analysis

  • Why Fla. Courts Are Split On Unfairness Under Consumer Law

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    Aaron Weiss at Carlton Fields explains the history behind Florida courts’ divide over how to construe the unfairness test under the state’s Deceptive and Unfair Trade Practices Act, and what it means for lawyers, clients and judges navigating the consumer protection litigation landscape.

  • Civility Could Be Litigators' New Normal Even Post-Pandemic

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    The past few months of lockdown have given rise to some profound patterns — litigators are more cooperative and less adversarial — and as the activities of courts and tribunals resume, lawyers should consider continuing to devote more time and resources to resolving disputes instead of fighting them out, says Matthew Vafidis at Holland & Knight.

  • FCA Ruling Shows Importance Of Relator As Original Source

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    The Second Circuit’s recent decision remanding the long-running False Claims Act case U.S. v. Florida Cancer Specialists is an important reminder that whether a relator is an original source is a threshold issue for determining the viability of a qui tam action, says Kenneth Abell at Abell Eskew.

  • Health Litigation Trends To Watch Now And After COVID-19

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    COVID-19 presents a number of immediate challenges for health care providers and payers, as well as increased litigation related to standard-of-care issues, data breach risks and other concerns that will extend beyond the end of the pandemic, say attorneys at Manatt Phelps.

  • 9th Circ. Antitrust Ruling Radically Changes NCAA Sports

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    While a victory for student-athletes, the Ninth Circuit's recent finding that the NCAA violated the Sherman Antitrust Act by restricting grant-in-aid may give schools with wealthy athletic boosters a distinct advantage and make it difficult to maintain a level playing field, say attorneys at Segal McCambridge.

  • Law Firms Must Beware Risks In Nontraditional Financing

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    Law firms in today's financial crisis may be looking at nontraditional arrangements such as portfolio funding or factoring to provide liquidity and cash support, but firms must first consider lawsuits brought against Pierce Bainbridge and other recent developments, says Katherine Toomey at Lewis Baach.

  • Opinion

    Copyright Office Should Call For Further DMCA Rebalancing

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    By refusing to endorse a policy that would require websites to permanently ban certain content, the U.S. Copyright Office's recent Digital Millennium Copyright Act report, although laudable, does not go far enough to rebalance competing interests, say Doug Mirell and Josh Geller at Greenberg Glusker.

  • Novel Contract Defenses From Gov't May Not Sway Fed. Circ.

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    During oral arguments held Monday in two contractor breach cases involving Boeing and Parsons Evergreeene, the Federal Circuit seemed rightly skeptical of the U.S. government’s offer of controversial theories of waiver and jurisdiction, which would allow it to avoid the merits of such claims and provide ammunition for future motions to dismiss, says Nathaniel Castellano at Arnold & Porter.

  • 2 Tested Alternatives To Unavoidable Court Delays

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    Those seeking resolution in commercial disputes that are stuck in an unavoidable but lengthy court backlog due to the pandemic must consider the advantages of arbitration and mediation over court proceedings, says former U.S. District Judge Shira Scheindlin now at Stroock.

  • Opinion

    Minn. Ruling Represents Sensible Stance On Legal Finance

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    The Minnesota Supreme Court's Maslowski v. Prospect Funding Partners decision this week reaffirms that the doctrine of champerty is archaic, impedes important litigation finance activity, and should be abolished in the handful of states where it remains alive, says Andrew Cohen at Burford Capital.

  • 'Bridgegate' Further Cabins Public Corruption Prosecutions

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    Last month's "Bridgegate" decision represents the latest remarkable chapter in a 20-year U.S. Supreme Court arc drastically narrowing prosecutors' ability to use previously flexible fraud statutes as tools to curtail putative public corruption by government officials, say Jason Halperin and David Drew at Mintz.

  • Opinion

    License To All Should Prevail In FRAND Patent Wars

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    Because a license-to-all system for standard-essential patents — such as those held by Qualcomm and automakers — inhibits commerce less than an access-to-all system and is more consistent with standard setting organization policies, it should emerge as the default in the ongoing royalty calculation debate, says professor Thomas Cotter at the University of Minnesota Law School.

  • NY Shareholder Litigation Dismissal Raises Bar For Plaintiffs

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    The New York Supreme Court Commercial Division's recent dismissal of Culligan Soft Water v. Clayton Dubilier & Rice highlights nuances associated with presuit demand and demand futility in shareholder derivative litigation, and imposes a new hurdle for plaintiffs when there is a change in the company's control, say Ian Kerr and Muhammad Faridi at Patterson Belknap.

  • Best Practices For A Paperless Law Practice

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    A significant challenge in practicing law remotely is the use and handling of documents without paper, because common digital tools such as email or even secure file transfer applications are problematic, say attorneys at Baker McKenzie.

  • Virus Leave Poses Pay Calculation Issues For Public Agencies

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    Public agencies face hurdles and litigation risks in determining workers’ regular compensation rate for paid leave under the Families First Coronavirus Response Act, despite guidance from Ninth Circuit case law, say Elizabeth Arce and Jennifer Palagi at Liebert Cassidy.

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