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Morgan Lewis

Federal Circuit Narrows Design Patent Scope Based on Functional Considerations

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In a recent case, the US Court of Appeals for the Federal Circuit affirmed a district court’s grant of summary judgment of non-infringement of a design patent, signaling heightened scrutiny of functional features in design...more

Hogan Lovells

Tribunal's failure to engage with new argument raised in closing submissions not sufficient ground to challenge award for...

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Arbitration awards rendered in arbitrations seated in England and Wales may be challenged in the English courts in only the limited circumstances set out in ss.67 to 69 of the Arbitration Act 1996 (the Act). Section 68...more

Pullman & Comley - For What It May Be Worth

Your Board of Assessment Appeals Playbook: Forms, Data Support, and Timing

With the Connecticut Board of Assessment Appeals (BAA) appeal deadline fast approaching, less than 3 weeks remain (in most municipalities) to prepare and file your BAA appeal form. ...more

Hogan Lovells

English courts support arbitration and take a hard line on anti‑suit injunction breach, finding a company and its director guilty...

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A recent judgment of the English Commercial Court in V Ships Ltd v Luna Management Corp [2025] EWHC 3329 (Comm), illustrates not only the willingness of the English courts to grant anti‑suit injunctions (ASIs) to restrain...more

Morgan Lewis - Shifting Sands Of Labor Law

ADGM Court’s Judgment Serves as a Warning Regarding Proper Use of AI

The Abu Dhabi Global Market (ADGM) Court has issued a detailed costs judgment that doubles as a practical guide for lawyers on the responsible use of artificial intelligence (AI) in litigation....more

Miles Mediation & Arbitration

The ABCs and XYZs of Mediation

Many of us learned our alphabet in elementary school, if not before. That same alphabet can apply to mediations. As a longtime mediator and former judge, I’d like to introduce you to the ABCs — and XYZs — or mediation. Read...more

Blank Rome LLP

Ninth Circuit Clarifies Class Member Standing in Healy v. Milliman

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The Ninth Circuit’s decision in Healy v. Milliman, Inc., No. 24-3327, --- F.4th ----, 2026 WL 71863 (9th Cir. Jan. 9, 2026), carries significant implications for class action defense and litigation strategy across the Ninth...more

Blank Rome LLP

The Limitation Act in the United States: A Deeper Look

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This article follows on a 2021 MAINBRACE article, “The Gateway to Federal Court: Admiralty Jurisdiction and Limitation of Liability,” which discussed the practical use of the Shipowners’ Limitation of Liability Act, 46 U.S.C....more

Blank Rome LLP

The Casualty Occurred, Now What? Preserve the Evidence!

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After a marine casualty occurs, there will be many immediate actions for the relevant parties, including the vessel’s owner, manager, insurers, and counsel (“vessel interests”), to handle. This article is one in a series...more

McDermott Will & Schulte

IRPA claims accrue at first publication, not first discovery

The US Court of Appeals for the Seventh Circuit confirmed that the single publication rule applies to claims brought under the Illinois Right of Publicity Act (IRPA), 765 ILCS 1075/1 et seq. Giovannelli v. Walmart Inc., Case...more

Cooley LLP

Protecting Grand Jury Materials From FOIA: Lessons From the Ninth Circuit’s Kalbers Decision

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The US Court of Appeals for the Ninth Circuit’s recent decision in Kalbers v. DOJ confirms that documents produced solely in response to a grand jury subpoena are protected from disclosure under the Freedom of Information Act...more

Butler Snow LLP

The New USPS Guidance Every Lawyer Should Be Aware Of

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Most lawyers learn about the “mailbox rule” in their first-year contracts course. And whether a lawyer’s practice is focused on litigation or transactions, lawyers frequently face deadlines that can be met based on when an...more

Bradley Arant Boult Cummings LLP

Supreme Court Holds That Restitution Is a Criminal Penalty; Decision Portends New Constitutional Arguments

On January 20, 2026, in Ellingburg v. United States, 607 U.S. ____ (2026), the Supreme Court considered whether the Ex Post Facto Clause applies to the Mandatory Victim Restitution Act (MVRA), the statutory basis for most...more

McDermott Will & Schulte

This Week in 340B: January 13 – 19, 2026

Find the week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick summary...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

IP Hot Topic: Spot the Difference or Close Enough? Framing Design Patent Infringement

The Federal Circuit’s recent decision in Range of Motion Products, LLC v. Armaid Company Inc. highlights a growing dissatisfaction with courts’ broad use of the sufficiently distinct/plainly dissimilar standard to dispose of...more

Butler Snow LLP

Stop the Early MDL Drift: What In-House Counsel Can Do in Week One to Avoid Privilege Chaos Later

Butler Snow LLP on

Effective December 1, 2025, the Federal Rules of Civil Procedure added new Rule 16.1, “Multidistrict Litigation,” and amended Rules 16 and 26. The takeaway is straightforward: Rule 16.1 provides valuable structure for the...more

Bradley Arant Boult Cummings LLP

First Material Breach: The “No Recovery” Rule

A contract is an exchange of promises that the law will enforce. Contract law provides that promises are enforceable, under what circumstances, and the available remedies....more

Baker Botts L.L.P.

U.S. Supreme Court Poised to Address ERISA Pleading Standards for Underperformance Claims

Baker Botts L.L.P. on

On January 16, 2026, the U.S. Supreme Court granted certiorari in Anderson v. Intel Corp. Investment Policy Committee, No. 25-498 (U.S.), a case regarding what ERISA plaintiffs must allege at the pleading stage when they...more

Maison Law

Accidents on Government Property in California: Suing Cities, Counties, and the State

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In a normal scenario involving a personal injury, one of the first questions victims usually need to address before filing a claim is who owns the property. Suppose the accident happens on government property in the state of...more

Fish & Richardson

Federal Circuit Signals Tension in Expert Testimony Jurisprudence: EcoFactor and Barry

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The Federal Circuit’s recent decisions in EcoFactor, Inc. v. Google, LLC (en banc) and Barry v. DePuy Synthes Companies have refined the landscape regarding the admissibility of expert testimony under Federal Rule of Evidence...more

Dorsey & Whitney LLP

FCA Basics: Statute of Limitations and Timing-Related Defenses

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This is the fourth post in the Dorsey FCANow Blog’s FCA Basics Series covering the fundamentals of the False Claims Act (“FCA”), outlining FCA procedure, and highlighting key facets of FCA practice. ...more

Goldberg Segalla

[Webinar] Navigating New York’s AVOID Act: Deadlines, Risks & Strategic Impacts - February 19th, 12:00 pm - 1:00 pm EST

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The new AVOID Act is reshaping file handling overnight, making early investigation and rapid third party action not just smart, but essential. Join Goldberg Segalla partners Jessica Erickson, Ryan Mahoney, and attorneys...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Judge Wolson Issues Key Summary Judgment Ruling on the Eve of Trial in the Arbutus v. Moderna mRNA Vaccine and Lipid Nanoparticle...

On February 2, 2026, U.S. District Court for the Eastern District of Pennsylvania Judge Joshua D. Wolson, sitting by designation in the U.S. District Court for the District of Delaware in the Arbutus Biopharma Corporation and...more

Walkers

Civil Reform Bill 2026: Key changes explained

Walkers on

On 6 January 2026, the Minister for Justice Home Affairs and Migration, Jim O'Callaghan published the General Scheme of the Civil Reform Bill 2025 (the Civil Reform Bill). Its primary purpose is to implement many of the...more

HaystackID

New Cases Spotlight the Need to Right-Size “Family” Productions of Hyperlinked Documents

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Editor’s Note: In this timely analysis, Phil Favro examines how courts are recalibrating long-standing “family production” concepts for a cloud-first discovery environment. As collaboration platforms replace traditional email...more

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