Appellate

  • February 16, 2018

    5 Ways To Avoid Legal Heartache From Office Romance

    Even though Valentine’s Day is in the rearview mirror, a recent Ninth Circuit ruling that a police officer can pursue claims that she was illegally fired for having an extramarital affair with a colleague is the latest proof that legal questions about interoffice romances are here to stay. Here, lawyers share five things employers should bear in mind when crafting workplace fraternization policies.

  • February 16, 2018

    3rd Circ. Backs Siemens' Win In Ex-VP's ERISA Suit

    Siemens defeated a former company executive’s lawsuit on Friday when the Third Circuit found that he either does not have standing or failed to state a claim in challenging how the engineering giant transferred to another business its obligation to pay his retirement benefits.

  • February 16, 2018

    3 Things To Know About The 4th Circ.'s Travel Ban Ruling

    The Fourth Circuit on Thursday ruled against the third version of President Donald Trump’s travel ban in a sprawling 285-page decision, and we read all of it so you don’t have to. Here are three things to know about the ruling.

  • February 16, 2018

    Driver Exits Suit Over Drug-Fueled Crash Post-Settlement

    The Illinois Supreme Court on Friday affirmed two lower court opinions that allowed an intoxicated driver who caused a car crash that permanently injured a woman to settle with her and exit the suit, against the objections of a company whose truck driver was also involved in the accident.

  • February 16, 2018

    No Rehearing After DC Circ. Backs Toss Of Chase FCA Suit

    The D.C. Circuit on Friday said it wouldn’t reconsider a ruling affirming the dismissal of a would-be whistleblower’s False Claims Act suit accusing JPMorgan Chase of failing to live up to responsible mortgage lending obligations agreed to under a post-financial crisis settlement.

  • February 16, 2018

    Full 9th Circ. To Rethink Nixing DOL Tip-Credit Guidance

    A confederation of waiters, bartenders and other service workers got a second shot Friday at claims they’re underpaid for tasks that don’t garner tips, when the Ninth Circuit agreed to revisit its decision favoring restaurant owners who’d challenged a 2016 U.S. Department of Labor administrative guidance.

  • February 16, 2018

    ​​​​​​​Holland & Knight Looks To Undo $35M Malpractice Loss

    Holland & Knight LLP urged a California appellate panel on Friday to undo a jury's $34.5 million award to a real estate investor who sued the firm over fraud and malpractice, arguing that the firm had no knowledge of alleged wrongdoing surrounding the investor's transactions and that the jury improperly awarded duplicated damages.

  • February 16, 2018

    Fla. Judge Should Be Removed For Campaign Offenses: Panel

    Florida's Judicial Qualifications Commission recommended Thursday that a state judge be removed after finding him guilty of violating several judicial rules in a series of incidents, led by his posting of false information about an election opponent on his own campaign website.

  • February 16, 2018

    Atty Botched Plea, Man Convicted Of Fraud Tells 2nd Circ.

    A man convicted in two separate multimillion-dollar fraud cases told the Second Circuit on Thursday that he suffered from ineffective counsel, saying his attorney never told him about a deal that would have consolidated his guilty pleas and potentially taken more than two years off his sentence.

  • February 16, 2018

    US Hits Back At AmEx In High Court Steering Rules Case

    The U.S. government criticized American Express Co. on Thursday for defending contract provisions that prevent merchants from steering customers to other credit cards, in a closely watched antitrust case before the U.S. Supreme Court.

  • February 16, 2018

    Topgolf tells 5th Circ. Rival Can’t Pursue Future Claims

    Topgolf International Inc., which operates more than two dozen combined driving ranges and restaurants, asked the Fifth Circuit to affirm a district court's ruling in an antitrust suit alleging it acquired a software provider used by a competitor and may not renew the services contract when it expires, telling the court the claims cannot be brought because they are speculative.

  • February 16, 2018

    Up Next At High Court: Double Jeopardy, Self-Incrimination

    The U.S. Supreme Court will enter the underworld of burglars, spouse abusers and drug dealers in its first week back on the bench after a long winter recess, hearing a busy criminal docket presenting constitutional questions around double jeopardy and self-incrimination that are critical to the white collar bar.

  • February 16, 2018

    Robot Surgery Suit Tossed Too Soon, Fla. Appeals Panel Says

    A Florida appeals panel Friday revived a malpractice suit claiming that part of a robot left inside a patient’s body for years following a hernia surgery contributed to his untimely death, as it disagreed with a lower court that the allegations were vague or already dismissed. 

  • February 16, 2018

    Texas Justices Take Up Arbitration Question In Crop Case

    The Texas Supreme Court on Friday agreed to weigh whether Jody James Farms must arbitrate its dispute with insurance agency The Altman Group over an unpaid 2010 crop damage claim, after JJF argued there was no arbitration agreement between the parties.

  • February 16, 2018

    Atty Fees For Delayed TM Compliance Unfair, 9th Circ. Told

    An organization for California farmers that was barred from using the trademarked word “Grange” in its name asked the Ninth Circuit on Friday to reverse an order requiring it to pay the other side's attorneys’ fees, arguing any delays in complying with the injunction were not willful or malicious.

  • February 16, 2018

    $12B ACA Case Strengthened By Trump Budget, Insurers Say

    Health insurers on Friday told the Federal Circuit that their legal fight for $12 billion in Affordable Care Act funds has been strengthened by a Trump administration budget request that suggests the funds are an obligation of the federal government.

  • February 16, 2018

    Fed. Circ. Affirms PTAB Ruling In $62M Snap-On Tool Case

    The Federal Circuit affirmed on Friday a number of Patent and Trial Board rulings that found three Milwaukee Electronic Tool Co. patents, which were successfully asserted against toolmaker Snap-On for $62 million, to be non-obvious over prior art, concluding that while the board’s claim construction was not entirely correct, it was only a “harmless error.”

  • February 16, 2018

    Pittsburgh Urges Justices To OK Sick Leave, Security Laws

    The city of Pittsburgh urged the Pennsylvania Supreme Court on Thursday to revive a pair of ordinances requiring employers to provide paid sick leave to their workers and mandating security training and procedures in certain commercial buildings and public spaces.

  • February 16, 2018

    DC Circ. Partially Vacates 2008 EPA Ozone Rule

    The D.C. Circuit on Friday partially vacated the U.S. Environmental Protection Agency’s 2008 ozone standards implementation rule, finding the agency improperly relaxed compliance measures that are mandatory under the Clean Air Act.

  • February 16, 2018

    Pot Biz Urges Supreme Court To Take Case Against IRS

    A Colorado-based marijuana company has urged the U.S. Supreme Court to hear its case against the Internal Revenue Service, alleging the agency lacks the authority to investigate criminal activity and saying a circuit split must be resolved on the scope of a law preventing courts from interfering with tax collection efforts.

Expert Analysis

  • Was Heir-Tracker Antitrust Indictment A Hair Too Late?

    Robert Connolly

    A Utah federal judge who dismissed the indictment against heir-locator Kemp & Associates as time-barred was grasping at straws to avoid application of the payments theory, say former federal prosecutors Robert Connolly and Karen Sharp.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.

  • When Title VII Gender And Sexual Orientation Claims Overlap

    Daniel Pasternak

    Until the U.S. Supreme Court agrees to take up the issue of Title VII and sexual orientation discrimination, employers should take note that decisions like the First Circuit’s recent ruling in Franchina v. Providence Fire Department demonstrate that the issues of sex and sexual orientation are intrinsically intertwined, says Daniel Pasternak of Squire Patton Boggs LLP.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • Contesting FERC's Right To Impose Retroactive Surcharges

    David Perlman

    In Verso Corp. v. Federal Energy Regulatory Commission, the commission is arguing that it has broad authority to make regional transmission organizations impose surcharges on customers where necessary to pay refunds ordered under Section 206 of the Federal Power Act. The D.C. Circuit's decision in this dispute will have significant implications for FERC’s authority going forward, say attorneys with Bracewell LLP.

  • 2nd Circ. Courts Dive Into 'Class Arbitration' Questions

    Gilbert Samberg

    The U.S. Supreme Court has not yet addressed core issues that will ultimately determine the viability of a class arbitration award, nor have the various courts of appeal grappled with those issues. However, courts in the Second Circuit have recently begun to do so, says Gilbert Samberg of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • A Back-To-Basics Approach To Patent Damages Law

    Aaron Fahrenkrog

    The Federal Circuit's recent decision in Finjan demonstrates how creating patent-specific rules for damages creates uncertainty for future litigants. The patent community would benefit from the law of patent damages returning to fundamental tort and evidentiary principles, say attorneys with Robins Kaplan LLP.

  • A 2017 Roundup Of Calif. Anti-SLAPP Appellate Decisions

    Thomas Burke

    California’s anti-SLAPP statute remains the strongest — and most frequently litigated — statute of its kind in the nation. Last year California’s state and federal appellate courts issued 34 published opinions and more than 169 unpublished opinions interpreting the statute. And the California Supreme Court twice reaffirmed the statute’s broad construction, says Thomas Burke of Davis Wright Tremaine LLP.

  • Recent Trends In Structuring Risk Retention Vehicles

    Jason Schwartz

    In the wake of the financial crisis, the U.S. and Europe enacted “risk retention” rules that require sponsors of securitization vehicles to maintain a financial interest in those vehicles. Here, attorneys with Cadwalader Wickersham & Taft LLP look at the “capitalized management vehicle” structure that many collateral managers are using to comply with the rules, and the likely impact of a recent D.C. Circuit ruling.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.