• December 01, 2023

    DC Circ. Wary Of Attack On Shrimp Boat Rule's Drafting

    A D.C. Circuit panel on Friday seemed skeptical of claims that federal regulators didn't provide adequate notice of the types of boats that could be exempt from a Trump-era rule requiring some shrimp boats to install devices that would allow sea turtles caught in trawler nets to escape.

  • December 01, 2023

    Split 5th Circ. Says Texas Must Move Rio Grande Barrier

    A split Fifth Circuit panel on Friday upheld a lower court's order requiring Texas to move a floating barrier in the Rio Grande intended to prevent migrant crossings from Mexico, saying the barrier obstructs navigability and poses a risk to human life.

  • December 01, 2023

    Justices Call O'Connor 'American Hero,' 'Perfect Trailblazer'

    Following news of retired U.S. Supreme Court Justice Sandra Day O'Connor's death at the age of 93, current and former high court justices paid public homage to her trailblazing career, devotion to the rule of law and illuminating charisma.

  • December 01, 2023

    4th Circ. Nixes Ex-Contech Exec's Antitrust Conviction

    The Fourth Circuit on Friday overturned a bid-rigging conviction for a former executive of aluminum pipe maker Contech because the indictment alleged the wrong crime, but left his fraud convictions intact.

  • December 01, 2023

    9th Circ. Won't Kill 'Chicken-And-Egg' Green Card Process

    The Ninth Circuit ruled Friday that the federal government has wide latitude to consider the availability of employment-based visas before approving green card applications, rejecting an argument from Indian nationals that doing so conflicts with U.S. immigration law.

  • December 01, 2023

    Ex-CEO For Space Cargo Biz Can't Revive Legal Fee Suit

    Delaware's Supreme Court let stand on Friday a Court of Chancery ruling that space infrastructure company Momentus Inc. has no obligation to advance legal fees to its co-founder and former CEO after he waived most of his rights to indemnification and advancement when he left the company in 2021.

  • December 01, 2023

    Texas Tries Again To Stop Border Razor Wire Cutting By Feds

    Texas has launched a new bid to block federal agents from removing razor wire on the U.S.-Mexico border as the state appeals a Texas federal judge's order denying a preliminary injunction on disturbing the fencing while a lawsuit against the Biden administration plays out.

  • December 01, 2023

    Former Clerks Say Justice O'Connor Still Worth Emulating

    BigLaw attorneys mentored by former U.S. Supreme Court Justice Sandra Day O'Connor, who died Friday after a lengthy battle with dementia, say she'll be remembered as an incisive jurist who always put facts and practical considerations above abstract ideological commitments, as well as a deeply gracious and down-to-earth woman who never let her dedication to the law overshadow her zest for life.

  • December 01, 2023

    ND Tribe Will Take VRA Privilege Dispute To High Court

    Two North Dakota tribes embroiled in a Voting Rights Act lawsuit intend to petition the U.S. Supreme Court, seeking to overturn an Eighth Circuit ruling that denied them an en banc hearing to plead their case as to how certain elected officials' communications are relevant in their challenge to newly enacted legislative districts.

  • December 01, 2023

    Up Next At High Court: Purdue Pharma, Taxes & Job Transfers

    The U.S. Supreme Court returns Monday for the last argument session of the calendar year to consider whether bankruptcy courts have the authority to sign off on third-party liability releases in Chapter 11 plans, whether Congress can tax unrealized foreign gains, and which standard should be used to determine the viability of employment discrimination claims.

  • December 01, 2023

    Pac-12 Ruling Could Have 'Absurd Results,' U. Of Wash. Says

    The University of Washington said a state trial court decision that booted 10 departing schools off the Pacific 12 Conference board misread conference rules and could lead to "absurd results," including a conference with no members.

  • December 01, 2023

    DC Circ. Prods DOJ, Realtors Over Limits Of Antitrust Deal

    A D.C. Circuit panel seemed skeptical during oral arguments Friday that a deal between the National Association of Realtors and the U.S. Department of Justice ending an antitrust investigation meant the agency could never reopen the probe.

  • December 01, 2023

    Mich. Justices Leave 'Ethical Quandaries' Be In Nurse Appeal

    A divided Michigan Supreme Court has rejected the appeal of a hospital nursing manager fired for breaching patient confidentiality in a conversation with her lawyer, with two justices saying their colleagues were ducking an important question for Michigan attorneys: whether a communication with one's lawyer can be a "whistleblower" report.

  • December 01, 2023

    3rd Circ. Lets Rule Stand In Case Where FERC Deadlocked

    The Third Circuit on Friday upheld a rule change allowing the nation's largest grid operator to no longer require state-backed renewable energy sources to meet a price floor in electricity capacity auctions, holding that the appellate court can review the Federal Energy Regulatory Commission deadlock that allowed the rule to take effect.

  • December 01, 2023

    Sodexo Asks 9th Circ. To Force Arbitration In ERISA Suit

    Sodexo urged the Ninth Circuit to force a worker to arbitrate his claims alleging the food services company unlawfully required workers who use nicotine products to pay $1,200 more per year for health insurance, saying it doesn't matter that he didn't consent to the insurance plan's arbitration provision.

  • December 01, 2023

    Mich. Trump Opponents Turn To History To Boost DQ Bid

    Michigan residents opposing former president Donald Trump's eligibility to be reelected said a state court was wrong to find their constitutional challenge was a question for Congress, relying on centuries-old history to argue state courts have the authority to consider whether Trump should be disqualified.

  • December 01, 2023

    Pa. 'Skill Games' Ruling Could Chill Gambling Crackdowns

    A state appellate court's ruling that "Pennsylvania Skill Games" aren't illegal gambling could have repercussions for the state's legal gambling industry, enforcers hunting illegal gambling machines, and "skill games" operators around the country, attorneys told Law360 Friday.

  • December 01, 2023

    Mich. Couple Can't Shake Town's Illegal Animal Farm Suit

    The Michigan Court of Appeals sided with the charter township of Port Huron in its suit over a local married couple's allegedly illegal animal farm, ruling that the married couple couldn't cite the state's Right to Farm Act again to argue that it preempted the charter township's animal farm ordinance.

  • December 01, 2023

    Xencor Scoffs At USPTO Bid To Send Case To Review Panel

    Xencor is urging the Federal Circuit to reject what it calls the U.S. Patent and Trademark Office's "eleventh hour" effort to terminate an appeal of a Patent Trial and Appeal Board decision, which backed an examiner's denial of a patent application on antibodies that can be used in autoimmune disease treatments.

  • December 01, 2023

    Judge's Name Botch, Age Not Grounds To Vacate, Says Judge

    A 78-year-old judge's bungling of a defendant's first name is not an adequate basis to vacate a former California attorney's conviction in a $1.5 million "pump and dump" scheme, a Massachusetts federal judge has ruled.

  • December 01, 2023

    Race Bias Suit Doesn't Need 'Magic Words,' 6th Circ. Rules

    The Sixth Circuit has revived a minority-owned government contractor's racial discrimination claim against a consultant who allegedly made false statements about it to a Detroit suburb, ruling in a precedential opinion that a lower court wrongly dinged the contractor for not using "magic words" in its civil rights complaint.

  • December 01, 2023

    Whirlpool Injunction Row Raises Circuit Split, Chinese Co. Says

    A Chinese company embroiled in a trademark dispute with Whirlpool Corp. over the latter's iconic KitchenAid stand mixers has urged the U.S. Supreme Court to review whether personal jurisdiction is required for preliminary injunctions, saying a Fifth Circuit decision that prohibited it from selling its products "creates a dangerous precedent."

  • December 01, 2023

    Trump Gets More Experts In NY Fraud Trial, Can't Call Monitor

    A New York judge on Friday allowed Donald Trump to call more experts in his civil fraud trial defense case, including a real estate broker friendly with the former president, but rejected Trump's attempt to put the court's independent monitor on the stand.

  • December 01, 2023

    Conn. RE Broker Can Challenge Brown Jacobson's City Role

    A trial judge incorrectly threw out a pro se plaintiff's challenge to the appointment of the law firm Brown Jacobson PC as corporation counsel for the city of Norwich, a panel of the Connecticut Appellate Court ruled Friday in one of two victories for the same self-represented real estate broker.

  • December 01, 2023

    New Trial For Firefighters Ordered In Fire Truck Crash Case

    A California appellate panel says a Contra Costa County jury trial over a car crash involving a fire truck was tainted by an attorney's mischaracterization of the law and the court's subsequent admonition, finding the jury could have misunderstood one of the jury instructions.

Expert Analysis

  • 9th Circ. Ruling May Expand Short-Swing Profit Exemption

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    The Ninth Circuit’s recent dismissal of a shareholder derivative suit in Roth v. Foris Ventures LLC provides boards of directors with greater latitude to approve certain securities transactions under the the Securities Exchange Act’s Section 16(b) short-swing profits rule, say John Stigi and John Mysliwiec at Sheppard Mullin.

  • Managing ANDA Venue Issues As Del. And NJ Filings Rise

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    Delaware and New Jersey have prevailed as the primary forum for pharmaceutical litigation as more generic companies file abbreviated new drug applications, but this venue scheme presents traps for the unwary, and legislation may still be necessary to ensure fairness and predictability, say Timothy Cook and Kevin Yurkerwich at WilmerHale.

  • 2nd Circ. Defamation Ruling May Chill NY Title IX Reports

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    The Second Circuit’s recent decision, holding accusers in Connecticut Title IX sexual misconduct cases are not immune to defamation claims, means that New York higher education institutions should reassess whether their disciplinary hearing procedures both protect due process and encourage victim and witness participation, says Nicole Donatich at Cullen and Dykman.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • The Fed. Circ. In Nov.: Factual Support And Appellate Standing

    The Federal Circuit's recent Allgenesis Biotherapeutics v. Cloud Break Therapeutics decision shows that appellate standing requires specific factual support, underscoring the necessary requirements for a patent challenger in an appeal from an inter partes review at the U.S. Patent and Trademark Office, say Jeremiah Helm and Sean Murray at Knobbe Martens.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • How Mental Health Ruling Paves Road For Equal Coverage

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    The Tenth Circuit’s recent ruling in E.W. v. Health Net, which clarified the pleading requirements necessary to establish a Mental Health Parity and Addiction Equity Act violation, is a win for plaintiffs as it opens the door to those who have been denied coverage for behavioral health treatment to prove a mental health parity violation, says Mark DeBofsky at DeBofsky Law.

  • Copyright Ruling A Victory For Innovation In Publishing Sector

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    The D.C. Circuit’s recent ruling in Valancourt v. Garland shows that demanding book copies without paying for them is arguably property theft, proving that the practice stifles innovation in the publishing industry by disincentivizing small printing companies from entering the market due to a fear of high costs and outdated government regulations, says Zvi Rosen at Southern Illinois University School of Law.

  • An Overview Of Circuit Courts' Interlocutory Motion Standards

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    The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.

  • Forecasting The Impact Of High Court Debit Card Rule Case

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    John Delionado and Aidan Gross at Hunton consider how the U.S. Supreme Court's forthcoming ruling in a retailer's suit challenging a Federal Reserve rule on debit card swipe fees could affect agency regulations both new and old, as well as the businesses that might seek to challenge them.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • What SEC Retreat In Ripple Case Means For Crypto Regulation

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    The U.S. Securities and Exchange Commission has chosen a regulation-by-enforcement approach to cryptocurrency policy rather than through rulemaking, but the agency's recently aborted enforcement action against two Ripple Labs executives for alleged securities law violations demonstrates the limits of this piecemeal tactic, says Keith Blackman at Bracewell.

  • Why Employers Should Refrain From 'Quiet Firing'

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    While quiet firing — when an employer deliberately makes working conditions intolerable with the goal of forcing an employee to quit — has recently been identified in the news as a new trend, such constructive discharge tactics have been around for ages, and employers would do well to remember that, comparatively, direct firings may provide more legal protection, says Robin Shea at Constangy.

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