Appellate

  • January 31, 2025

    Off The Bench: NIL Deal Skeptics, Padres Feud, Rozier Probe

    In this week's Off The Bench, critics get their knives out for the NCAA's $2.78 billion class action settlement with college athletes over name, image and likeness rights, the family feud over ownership of the San Diego Padres intensifies, and a federal gambling probe ensnares Miami Heat guard Terry Rozier.

  • January 31, 2025

    Ga. Appeals Court Backs Wellstar In Doc Defamation Fight

    A former Wellstar Health System doctor who sued the organization for reporting his suspension from duty to a national database had his bid for an injunction forcing Wellstar to void the report shot down by the Georgia Court of Appeals Friday.

  • January 31, 2025

    Chiropractors Can Testify On Injury Cause, Mich. Panel Says

    Michigan law does not bar chiropractors from testifying about how injuries could be connected to car crashes if the issues fall within the scope of their expertise, a Michigan appellate panel said in reviving a physical therapy clinic's quest to recover no-fault benefits for treatment provided to a crash victim.

  • January 31, 2025

    Tribes Back Bid At 4th Circ. To Undo Army Burial Order

    Two South Dakota tribes that successfully repatriated the remains of their children from a U.S. Army Indian boarding school cemetery in Pennsylvania told the Fourth Circuit that it's problematic that a lower court ruled that a law designed to protect Native American graves doesn't apply to the site.

  • February 07, 2025

    Law360 Seeks Members For Its 2025 Editorial Boards

    Law360 is looking for avid readers of our publications to serve as members of our 2025 editorial advisory boards.

  • January 31, 2025

    Ex-BigLaw Atty Can't Escape OneCoin Conviction At 2nd Circ.

    The Second Circuit on Friday upheld a former Locke Lord LLP partner's conviction and 10-year sentence for helping launder roughly $400 million in proceeds from the multibillion-dollar OneCoin cryptocurrency scheme, rejecting the attorney's contention that a sole cooperating government witness' perjury and other purported errors warranted reversing his punishment.

  • January 31, 2025

    Goldstein Case Raises The Stakes For A DOJ Office In Tumult

    The bombshell tax-crimes case of U.S. Supreme Court lawyer Tom Goldstein landed at a U.S. Department of Justice outpost in Maryland that has been plagued in recent years by botched cases and internal strife — pitting a beleaguered U.S. attorney against a pair of former Donald Trump attorneys itching for a fight.

  • January 31, 2025

    Calif. Atty Wins Ruling To Sue Doctor For Defamation

    A California state appeals court said Friday a Pasadena attorney can pursue a defamation lawsuit against an orthopedic surgeon who allegedly made unflattering remarks about the attorney in front of one of the attorney's clients.

  • January 31, 2025

    Fla. Judge Tees Up Free Speech Defense In Ethics Case

    A Florida state judge facing ethics charges related to campaign statements is going forward with a First Amendment defense in her Monday hearing, she told the state's Judicial Qualifications Commission in a prehearing statement.

  • January 31, 2025

    Conn. Justices Let McCarter Ex-Client Off $3.6M Hook

    Answering a certified question from a federal judge, the Connecticut Supreme Court on Friday ruled that McCarter & English LLP can't claw an additional $3.6 million in common law punitive damages from a nutritional supplement maker as part of a protracted fee feud, holding that the firm should have pleaded and proven an "independent tort" if it wanted to pursue the money.

  • January 31, 2025

    Jury Instructions Tainted Ex-State's Atty's Trial, 4th Circ. Hears

    A Fourth Circuit decision from 1938 took center stage Friday as a seemingly divided appellate panel debated whether a jury that found former Baltimore State's Attorney Marilyn Mosby guilty of mortgage fraud had been improperly instructed on where the crime occurred.

  • January 31, 2025

    Mass. Justices Rule 'Unwarranted Privilege' Law Not Vague

    Massachusetts' top court ruled on Friday that a statute that bars public officials from misusing the benefits of their position for private gain is not unconstitutionally vague, rejecting a former police officer's bid to reverse his conviction for borrowing cash from his department's evidence room to pay his mortgage and other personal expenses.

  • January 31, 2025

    Seasoned Patterson Belknap Trial Team Joins Linklaters In NY

    Linklaters LLP announced Friday it has brought aboard a high-profile team of litigation partners from Patterson Belknap Webb & Tyler LLP, including one who is the current president of the New York City Bar Association and a lawyer former President Joe Biden had nominated to the Third Circuit.

  • January 31, 2025

    6th Circ. Affirms Pot Biz Owner's $2.8M Tax Restitution

    The owner of a medical marijuana dispensary who was sentenced to prison and ordered to pay $2.8 million in restitution to the IRS after being convicted of tax crimes failed to convince the Sixth Circuit that Congress lacked the power to tax his sales of the drug.

  • January 31, 2025

    NC Prosecutors Say Evidence Backs Cannabis Conviction

    State prosecutors urged a North Carolina appeals court to stand by a man's conviction for possession and intent to distribute cannabis, arguing that even if there was no forensic analysis of the substance he possessed there was plenty of other evidence to conclude it was cannabis rather than legal hemp.

  • January 31, 2025

    Manufacturer Can't Arbitrate Wage Suit, Calif. Panel Affirms

    A California panel upheld an order that refused to send to arbitration an employee's Private Attorneys General Act lawsuit against a power transformer manufacturer, saying the company failed to show sufficient evidence it wasn't technically the worker's employer.

  • January 30, 2025

    11th Circ. Revives Wage Suit From Biz Owners' Fla. Worker

    The Eleventh Circuit on Thursday revived a Florida domestic worker's lawsuit accusing his former employers of refusing to pay him overtime wages, saying in a published opinion that the employers shouldn't have gotten a summary judgment win in light of conflicting evidence concerning the worker's regular hourly rate.

  • January 30, 2025

    5th Circ. Says 18-Year-Olds Can Buy Handguns

    The Fifth Circuit found a law banning Americans under 21 years old from buying handguns was unconstitutional, saying in a Thursday opinion the law doesn't have any kind of historical analogs that would pass a Second Amendment smell test.

  • January 30, 2025

    Texas Panel Asks If Late Votes Should Decide Judge's Election

    A Texas appellate panel asked what it was supposed to do with voters who wrote that they lived outside the county in deciding the last remaining challenge to the county's 2022 election results, saying during oral arguments Thursday that voters' own assertions seemed convincing.

  • January 30, 2025

    Calif. AG Asks 9th Circ. To Block Meta's MDL Discovery Win

    The California attorney general urged the Ninth Circuit on Wednesday to block orders requiring third-party state agencies to respond to Meta Platforms' discovery demands in multidistrict litigation over social media's alleged harms, arguing in a mandamus petition the "clearly erroneous" ruling "runs roughshod" over the state's constitutional divisions of power.

  • January 30, 2025

    2nd Circ. Voices Unease Over Ex-Iconix CEO's Fraud Retrial

    The Second Circuit on Thursday expressed doubt regarding the conviction of Iconix Brand Group founder Neil Cole, who was found guilty of fraudulently booking $11 million of revenue to hit earnings targets, and appeared open to the argument that his retrial violated the double jeopardy clause of the Fifth Amendment.

  • January 30, 2025

    Lower Court Altered Contract Reading, Texas Justices Told

    An Energy Transfer subsidiary told the Texas Supreme Court that a lower court upended the way contracts are interpreted in the state when it found no remedy for alleged losses from a soured $1 billion deal with an Exxon Mobil Corp. unit.

  • January 30, 2025

    2nd Circ. Sees No Skadden Conflict In Pharma Merger Work

    The Second Circuit on Thursday declined to revive an investor suit alleging a merger between Sumitomo Pharma America Inc. and Myovant Sciences Ltd. was undervalued because the lawyers from Skadden Arps Slate Meagher & Flom LLP who helped negotiate the deal had undisclosed conflicts of interest.

  • January 30, 2025

    FERC Says Pacific NW Pipeline Approval Was By The Book

    The Federal Energy Regulatory Commission is defending its approval of a controversial TC Energy Corp. pipeline expansion project in the Pacific Northwest, telling the Fifth Circuit it reasonably determined that the project was needed and adequately reviewed its environmental impacts.

  • January 30, 2025

    Ex-Rabobank Exec Asks Justices To Hear 9th Circ. OCC Fight

    A former Rabobank compliance chief who wants to clear her name after a now-abandoned Office of the Comptroller of the Currency enforcement action has asked the U.S. Supreme Court to take up her case following the Ninth Circuit's dismissal of her appeal for lack of standing.

Expert Analysis

  • The 6 Most Significant FCRA Litigation Developments Of 2024

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    From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.

  • Fed. Circ. In December: A Patent Prosecution History Lesson

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    Despite relying on two rock-solid principles of patent law, DDR lost its Federal Circuit case against Priceline.com, highlighting how a change in the scope of the invention from the provisional to the nonprovisional application can affect the court's analysis of how a skilled artisan would understand claim terms after reading the prosecution history, say attorneys at Knobbe Martens.

  • An Associate's Guide To Career Development In 2025

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    As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.

  • The Securities Litigation Trends That Will Matter Most In 2025

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    2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.

  • What To Watch For In The 2025 Benefits Landscape

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    While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.

  • Reviewing 2024's Crucial Patent Law Developments

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    As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.

  • Contract Disputes Recap: Adjustments, Preclusion, Waivers

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    Ken Kanzawa at Seyfarth examines three recent decisions from the Civilian Board of Contract Appeals, the U.S. Court of Federal Claims and the Armed Services Board of Contract Appeals that examine distinctions between requests for equitable adjustments and claims, forum selection and res judicata, and the waiver of penalties for expressly unallowable costs.

  • The Justices' Securities Rulings, Dismissals That Defined '24

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    The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.

  • 10 Noteworthy CFPB Developments From 2024

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    In a banner year for consumer finance regulation, the Consumer Financial Protection Bureau made significant strides in its efforts to rein in Big Tech and nonbank financial firms, including via rules regarding open banking, credit card late fees, and buy now, pay later products, say attorneys at Wiley.

  • Series

    Fixing Up Cars Makes Me A Better Lawyer

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    From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.

  • 2024 Has Been A Momentous Year For ESG

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    Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.

  • Making The Pitch To Grow Your Company's Legal Team

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    In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.

  • Justices May Find Gov't Can Keep Fraudulent Transfer Benefit

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    Based on the justices' questions at the recently argued U.S. v. Miller, the Supreme Court appears prepared to hold that the U.S. — unlike any other creditor — is permitted to retain the benefits of a fraudulent transfer to the detriment of other bankruptcy creditors, says Kevin Morse at Clark Hill.

  • Why Letters Of Protection Are Discoverable In Texas PI Suits

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    Recent Texas Supreme Court opinions and key provisions of the Texas Rules of Civil Procedure make letters of protection, in which plaintiff attorneys promise payment to healthcare providers based on jury awards, discoverable — good news for defendants fighting exorbitant damage claims in personal injury cases, says Nathan Vrazel at Munsch Hardt.

  • 4 Trade Secret Pointers From 2024's Key IP Law Developments

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    Four significant 2024 developments in trade secret law yield practical tips about defending trade secrets overseas, proving unjust enrichment claims, forcing compliance with posttrial orders and using restrictive covenants to prevent employee leaks of confidential intellectual property, say attorneys at Faegre Drinker.

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