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

USPTO Expands PTAB Discretion to U.S. Manufacturing and Small Business

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Key Takeaways - The USPTO has formally expanded its discretionary framework. As of March 11, the Director will consider U.S. manufacturing footprint and small business status when deciding whether to institute IPR and PGR...more

Nossaman LLP

Liberty Northwest Ins. Corp. v. Atlantic Specialty Ins. Co., No. 24-7353 (9th Cir. Feb. 20, 2026) (Unpublished)

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The Ninth Circuit reversed a lower court and held that insurer Atlantic Specialty (as successor to One Beacon) had a duty to defend an employee’s suit against his employer, a semiconductor manufacturer. In the underlying...more

Mayer Brown

English Court of Appeal Confirms Scope of Its Power to Grant Permission to Appeal Certain First Instance Decisions

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In an important decision relating to the procedure for appealing first instance decisions under Section 68 (and certain other provisions) of the Arbitration Act 1996 (the “Act”), the Court of Appeal has ruled that it (i.e.,...more

Franczek P.C.

Sixth Circuit Rejects NLRB’s Cemex Bargaining Order Framework

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On March 6, 2026, the U.S. Court of Appeals for the Sixth Circuit issued a significant decision in Brown‑Forman Corporation d/b/a Woodford Reserve Distillery v. National Labor Relations Board, rejecting the Board’s...more

Troutman Pepper Locke

State AGs Reject Federal Live Nation Deal and Press Ahead

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State attorneys general (AGs) from across the political spectrum have refused to join the U.S. Department of Justice’s (DOJ) midtrial settlement with Live Nation. The bipartisan multistate coalition vowed to “keep fighting...more

Lathrop GPM

Lawsuit Dismissed and Franchisor Sanctioned After Court Finds Claims Barred by Prior Arbitration Award

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The U.S. District Court for the District of North Dakota granted a franchisee’s motion to dismiss for failure to state a claim and its motion for Rule 11 sanctions, finding that franchisor ABC, Inc. improperly attempted to...more

Fox Rothschild LLP

Court Orders Healthcare Recruiter To Turn Over Text Message Data In TCPA Class Action

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Recruiters who contact candidates by text message should take note of a recent decision out of the Western District of Virginia. In Kattato v. Cross Country Healthcare, Inc., No. 7:23-CV-00485 (W.D. Va. Feb. 23, 2026), the...more

Akin Gump Strauss Hauer & Feld LLP

Failure to Meet Plausibility Requirement Dooms Patent Infringement Complaint Notwithstanding Simplicity of Technology at Issue

The Northern District of Illinois recently dismissed a complaint without prejudice for failing to plausibly allege patent infringement. The court found that the allegations of direct infringement were insufficiently pled...more

Robins Kaplan LLP

Trial Advocacy Lessons From 3 Oscar-Nominated Films

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Jury trials are real-life stories about the human drama. Lessons for trial lawyers are everywhere as a result. One rich source for trial lawyer tips is at the cinema — including from films without trials or lawyers. ...more

Hanzo

How to Preserve Slack and Teams Data Without Disrupting Workflows

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As collaboration tools become central to daily operations, you may need to determine how to preserve Slack and Teams data without disrupting current IT or Legal workflows. Slack and Microsoft Teams now contain critical...more

Cooley LLP

UK Supreme Court Confirms There Is No Limitation Period for Unfair Prejudice Petitions

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The UK Supreme Court’s judgment in THG plc v. Zedra Trust Company (Jersey) Ltd conclusively resolved the uncertainty regarding whether statutory limitation periods apply to unfair prejudice petitions....more

White & Case LLP

Federal Court Denies Arbitration In Putative Class Action Against Crypto Platform Because Of Insufficient Notice To Customers

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In a February 26, 2026, decision, Judge Carter of the Southern District of New York denied a motion to compel arbitration filed by cryptocurrency exchange Binance, exposing the company to the risk of certification of a large...more

Lathrop GPM

Federal Court Finds No Diversity Subject Matter Jurisdiction Because Both Sides Included Foreign Entities, Dissolves TRO

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A federal court in New York recently dismissed a case for lack of diversity subject matter jurisdiction where the franchisee plaintiff and a franchisor defendant were both foreign entities, even though they both maintained...more

Pillsbury Winthrop Shaw Pittman LLP

NRC Proposed Rule Seeks to Streamline and Accelerate Adjudicatory Proceedings

Although the proposed revisions do not materially alter the NRC’s requirements for demonstrating standing and contention admissibility, they do significantly alter the time frames for submitting hearing requests and...more

Jones Day

Chief Judge Signals Changes May Be Coming for the Ordinary Observer Test

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On February 2, 2026, a split Federal Circuit panel affirmed summary judgment of no design-patent infringement issued by a Maine federal court. Range of Motion Prods., LLC v. Armaid Co. Inc., No. 2023-2427, 2026 WL 261890...more

Tonkon Torp LLP

Oregon’s HB 3522 – A New Tool to Remove Squatters

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If you’ve been following housing policy in Oregon, you may have heard about House Bill 3522 — legislation that passed unanimously in the Oregon Legislature in 2025 and took effect on January 1, 2026. This bill provides...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Nixes Agreement With Employee to Limit Time for Filing Legal Actions

Title VII and other federal labor laws contain specific deadlines by which an aggrieved person must file an administrative complaint or lawsuit. What happens when the employer and employee agree to shorten those periods in an...more

Braumiller Law Group, PLLC

CBP Statute of Limitations Waivers – Overview of Issues and Operation

Many trade practitioners that have had experience with a CBP prior disclosure or penalty action have encountered a request by CBP to execute a Statute of Limitations (SOL) waiver. These are usually accompanied by a request...more

King & Spalding

Court Finds States Waived Sovereign Immunity by Filing in Federal Court in FCA Case

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On March 2, 2026, Judge Patti B. Saris of the District Court for the District of Massachusetts partially ruled in favor of Regeneron Pharmaceuticals on its motion to amend its answer in a qui tam case to assert contingent...more

Whiteford

Virginia Executors: 10 Warning Signs a Beneficiary May Contest the Will

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Being named as executor of an estate in Virginia is a significant responsibility. You are expected to administer the estate according to the terms of the will, manage assets prudently, and act in good faith toward all...more

Littler

Littler Lightbulb – February 2026 Employment Appellate Roundup

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Fifth Circuit Holds Plaintiff Not Entitled to Overtime Unless Company Had Actual or Constructive Knowledge of Time Worked - Following a jury verdict finding the plaintiff in Merritt v. Tex. Farm Bureau, __F.4th __ (5th...more

CDF Labor Law LLP

Employee Losing Labor Code Claims in Arbitration Has No Standing to Pursue PAGA Representative Action

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Just last week, in Sorokunov v. NetApp, Inc., No. A171964, 2026 WL 590943 (Cal. Ct. App. March 3, 2026), the Fourth District Court of Appeal held that an employee lacked standing to prosecute a PAGA claim for Labor Code...more

Farrell Fritz, P.C.

Patiently Waiting for Proper Service: Commercial Division’s Latest Word on Service and Default Judgment Practice

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When seeking a default judgment, parties often assume that an unanswered complaint puts them in the driver’s seat for a quick and early victory. But as practitioners in the Commercial Division are well aware, courts retain...more

Marshall Dennehey

Dual Jurisdiction Dispute Leads Delaware Board to Restore Claimant’s Disability Benefits

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William Hasset v. Amick Farms, LLC, IAB No. 1562391 (Dec. 2025) - In this case, the employer, Amick Farms, has offices in Maryland and Delaware. The claimant lives in Delaware and was hired to work out of employer’s Delaware...more

Baker Donelson

Your AI Prompts May Be Discoverable: What Every Client Must Know

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A recent federal court ruling has delivered a significant wake-up call to anyone who has used an artificial intelligence (AI) platform to research legal issues, understand their rights, or prepare for a conversation with an...more

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