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Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:
Marshall Dennehey

California Supreme Court Rejects Automatic Expungement of Attorney Disciplinary Records

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Last year, we reported on a California State Bar initiative to expunge attorney discipline records, other than disbarment, after eight years. See Legal Updates for Lawyers’ Professional Liability – February 2025. The proposed...more

Polsinelli

Federal Circuit Strikes Life Sciences Patent Over Insufficient Disclosure of Particular Species

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Key Takeaways: The Federal Circuit held that general disclosure of any part of a compound may be insufficient to support a priority date for a specific species within the genus....more

Moore & Van Allen PLLC

Increased Criminal and Civil Enforcement by DOJ for Skin Substitutes in Wound Care

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The Department of Justice recently announced, “[i]n the first [criminal] prosecution of its kind,” that husband and wife owners of wound graft companies were sentenced to 14.5 and 15 years imprisonment respectively for...more

McDermott Will & Schulte

UPC rules in first instance on file wrapper estoppel, doctrine of equivalence

On October 24, 2025, the Local Division Paris of the Unified Patent Court (UPC) issued its decision in Raccords et Plastiques Nicoll v. First Plast, dismissing claims for literal infringement and infringement by equivalence...more

Bass, Berry & Sims PLC

Supreme Court Leaves “Interested Party” Limits Intact in Percipient.ai, Reinforcing Bid Protest Standing at COFC

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On January 12, the U.S. Supreme Court denied Percipient.ai’s (Percipient) petition for certiorari, leaving in place an en banc Federal Circuit decision that restricts who qualifies as an “interested party” eligible to bring a...more

McDermott Will & Schulte

Top Gun and all that jazz: “Substantial similarity” in the Ninth Circuit

Two January 2026 decisions from the US Court of Appeals for the Ninth Circuit confirm that copyright infringement requires substantial similarity in protectable expression, proven through both extrinsic and intrinsic tests....more

Association of Certified E-Discovery...

Carvana and the New Hyperlink Fight: “Contemporaneous” Isn’t Automatic—It’s Earned

Everyone’s finally past the first question on hyperlinked documents: yes, they’re discoverable. That debate is over. The real fight now is sharper—and it’s what makes the Carvana decision a must read: Originally Published...more

Kelley Drye & Warren LLP

CIT Signals Intent to Announce Future Procedures for IEEPA-Related Litigation

We continue to watch closely for a pronouncement from the U.S. Supreme Court on the lawfulness of the fentanyl trafficking-related and global reciprocal tariffs imposed under the International Emergency Economic Powers Act...more

Fish & Richardson

5 in ’25: Appellate

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The U.S. Court of Appeals for the Federal Circuit had another busy docket in 2025. Here, we cover five key decisions that will shape the practice of intellectual property law going forward. ...more

Knobbe Martens

No Interlocutory Appeals From State’s Bond Order

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MICRON TECHNOLOGY INC. v. LONGHORN IP LLC - Before Lourie, Schall, and Stoll. Appeal from the United States District Court for the District of Idaho. Immediate appellate review may be unavailable for interlocutory bond orders...more

Ervin Cohen & Jessup LLP

Playing the Long Game: How an Employer's Litigation Strategy Waived the Right to Arbitration

The recent decision in Sierra Pacific Industries Wage and Hour Cases by the California Court of Appeal for the Third District is a significant warning for employers regarding the waiver of the right to compel arbitration in...more

Cozen O'Connor

Family Property Disputes in Canada: Why Process Selection Matters

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A recent Alberta Court of Appeal decision offers a clear reminder that in family property disputes, procedural risk can be just as determinative as the underlying legal issues. While the ruling arises from Alberta, its...more

Rivkin Radler LLP

AVOID Act Limits Time Period to Initiate Third-Party Complaints

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On December 19, 2025, Governor Hochul signed the Avoiding Vexatious Overuse of Impleading to Delay (AVOID) Act into law. The law amends CPLR Section 1007 to impose strict time limits on the commencement of third-party...more

Sheppard Mullin Richter & Hampton LLP

No Mulligans: Frivolous Post-Judgment Motion Triggers § 1927 Sanctions After § 285 Award

This case addresses whether the district court abused its discretion in awarding attorneys’ fees to Google under 35 U.S.C. § 285 after deeming EscapeX’s suit “exceptional,” denying EscapeX’s Rule 59(e) motion to amend the fee...more

Parker Poe Adams & Bernstein LLP

New USPS Postmark Rules May Impact Contractual and Legal Deadlines

Recent changes to how the U.S. Postal Service determines postmark dates introduce new timing risks for contracts, filings, and payments that rely on postmark-based deadlines. Companies should review their contracts and...more

Oberheiden P.C.

Filing a Lanham Act Lawsuit – 5 Things You Need to Know

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The Lanham Act establishes several grounds for businesses to pursue litigation against competitors and other parties that are misusing their trademarks and engaging in other forms of false and misleading advertising. When a...more

Perkins Coie

Foreclosure Does Not Eliminate Density Bonus Obligations: Court of Appeal Upholds Enforceability of Affordable Housing Agreements

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In Rodriguez v. City of Los Angeles, 116 Cal.App.5th 488 (2025), the Second District Court of Appeal held that a recorded density bonus agreement requiring long-term affordable housing survives a foreclosure sale. The court’s...more

Perkins Coie

No Entitlement to Attorneys’ Fees Where Successful Claims Were Nullified by Legislation and California Supreme Court Decision

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Petitioners were not “successful parties” entitled to attorneys’ fees under Code of Civil Procedure 1021.5 after the Legislature abrogated their legal victories by statute and the Supreme Court reversed the judgment. Make UC...more

Baker Donelson

Green Light for CIPA: New Federal Court Ruling Fuels Digital Tracking Class Actions

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Businesses across all industries continue to face an onslaught of class action lawsuits asserting novel liability theories under the California Invasion of Privacy Act (CIPA) in connection with the use of cookies, pixels, and...more

Miles Mediation & Arbitration

Hit the Ground Running: How to Prepare Clients for Mediation to Save Time and Settle Your Case

Mediation is a proven means of resolving disputes efficiently and cost-effectively. Yet it is important to recognize that mediation takes time. Lawyers often tell me they think mediation doesn’t really get started until 3:00...more

K&L Gates LLP

FRCP 16.1 Arrives: Will MDL Courts Embrace Its Tools?

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Effective 1 December 2025, Federal Rule of Civil Procedure 16.1 introduces the first formal procedural framework tailored to multidistrict litigation (MDL) proceedings, aiming to address longstanding challenges in the...more

Maison Law

What to Expect if Your California Personal Injury Goes to Trial

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If you're heading to trial in California for your personal injury case, it's probably pretty scary - especially when you thought this whole thing would've been settled by now. Most of these cases get worked out without ever...more

Troutman Amin LLP

CASE HEARD ‘ROUND THE WORLD?: Court Holds Australian Company Can Be Sued In U.S. For TCPA Violations And Its a Warning Shot to the...

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For any foreign (i.e. non-U.S.) companies out there that think you can blast American consumers with SMS messages or phone calls and escape liability, you better listen up....more

McDermott Will & Schulte

New employment law trend: Restrictions on stay-or-pay provisions in employment agreements

California and New York recently enacted legislation aimed at prohibiting certain contract terms that impose financial obligations on workers if their work relationship terminates....more

Baker Botts L.L.P.

2025 EDVA Commercial Litigation Roundup

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In 2025, the Eastern District of Virginia (“EDVA”) remained one of the fastest federal trial courts in the country while simultaneously handing some of the most complex civil litigation nationwide....more

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