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Esquire Deposition Solutions, LLC

Managing AI Data in Pretrial Discovery

This blog reported on Judge Jed Rakoff’s widely discussed “AI is not your lawyer” pronouncement in United States v. Heppner. The court’s conclusion that attorney-client privilege was waived with respect to information that a...more

Marshall Dennehey

Appellate Division Reverses Summary Judgment for Failure to Conduct Required In‑Camera OPRA Review

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Ass’n for Govermental Reponsibility, Ethics & Transparency v. State of New Jerey Office of the Atty. Gen. The appellate division reversed a trial court’s granting of summary judgment because it did not conduct an in-camera...more

McDonnell Boehnen Hulbert & Berghoff LLP

Hikma v. Amarin at the Supreme Court: The Parties’ Opening Briefs

In recent years, the Federal Circuit has, with varying levels of agreement, considered what behavior by generic drugmakers constitutes inducement of infringement regarding so-called “off-label” prescribing for indications not...more

Sheppard, Mullin, Richter & Hampton LLP

Ninth Circuit Dismisses Brita Class Action Over Alleged Contaminants, Holding No Reasonable Consumer Would Expect Complete Removal

In Brown v. Brita Prods. Co., No. 24-6678 (9th Cir. Apr. 16, 2026), the Ninth Circuit recently affirmed the dismissal of a putative class action against The Brita Products Company, alleging violations of California’s consumer...more

Blake, Cassels & Graydon LLP

Connections Matter: BCCA Affirms Jurisdiction Over Foreign Entities Operating Virtually in the Province

The British Columbia Court of Appeal (BCCA) recently confirmed the British Columbia courts’ jurisdictional competence over foreign litigants that conduct business virtually with British Columbians. In Airbnb, Inc. v. Ware,...more

Patterson Belknap Webb & Tyler LLP

It’s All Relative: Judge Komitee Holds That an Infringing Sale Can Take Place at Multiple Times Both Before and After a Patent...

Judge Eric Komitee recently denied a motion to dismiss patent infringement claims accusing flood prevention products sold pursuant to a contract that was entered into before the patent issued but delivered and installed after...more

Carlton Fields

Ninth Circuit Concludes That Lack of Record Does Not Warrant Vacatur

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The Ninth Circuit Court of Appeals has held that the inadvertent failure to record arbitration proceedings did not warrant vacating the arbitration award. The court thus affirmed confirmation of the award....more

Gordon Rees Scully Mansukhani

Virginia Has a New Standard for Undue Influence in Trust Contest Cases

Beginning July 1, 2026, Virginia has a new standard for undue influence in trust contest cases. For most trust contest cases in Virginia, the standard for undue influence will now involve a presumption that undue influence...more

Morgan Lewis

From Stewart to Squires: The PTAB’s First-Year Reset in IPRs and PGRs

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Adversarial proceedings at the US Patent Trial and Appeal Board (PTAB) have undergone significant changes in just one year. The biggest change is not a single doctrinal development but a redefinition of institution itself....more

Adams & Reese

Scope of Privilege for Environmental Compliance Audits

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Many companies conduct periodic self-audits concerning compliance with environmental regulations. While these internal reviews are useful in efforts to maintain regulatory compliance, one consideration in the preparation of...more

Littler

Littler Lightbulb – March 2026 Employment Appellate Roundup

Littler on

Fourth Circuit Affirms Dismissal of Plaintiffs Claims Based on Joint Employer Doctrine - The plaintiffs in Hoffman v. Inova Health Care Services, 169 F.4th 207 (4th Cir., Mar. 3, 2026) were nurse anesthetists employed by a...more

Farrell Fritz, P.C.

Mining for a Joint Venture: A Crypto “Partnership” That Never Got Off the Blocks

Farrell Fritz, P.C. on

Every so often a case comes along that reads less like a business dispute and more like a cautionary tale about the perils arising out of unwritten deals among friends. As we’ve written about before, these cases can be brutal...more

Marshall Dennehey

Third Circuit Broadens CHRIA’s Scope in Pennsylvania Employment Law

Marshall Dennehey on

Phath v. Cent. Transp. LLC, 165 F.4th 780 (3d Cir. 2026) - The Third Circuit clarified the scope of Pennsylvania’s Criminal History Record Information Act (CHRIA), holding that the statute applies even when an employer learns...more

Potomac Law Group, PLLC

Federal Court Strikes Down Kennedy Declaration on Transgender Healthcare

On April 18, 2026, the United States District Court for the District of Oregon issued a sweeping opinion vacating the “Kennedy Declaration,” a directive issued by HHS Secretary Robert F. Kennedy, Jr. in December 2025 without...more

Goodwin

Achieving an Orderly End: Reasonable Notice of Termination in the Absence of an Express Term

Goodwin on

In Anheuser-Busch International Inc and another (Respondents) v Commonwealth Brewery Ltd (Appellant) (Bahamas) [2026] UKPC 8 (Privy Council), the Privy Council has provided useful commentary on the question of what will...more

Carlton Fields

Eighth Circuit Rules That CGL Policy Does Not Cover Abuse of Process Claim Under Minnesota Law

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On March 17, 2026, the Eighth Circuit Court of Appeals held in General Star Indemnity Co. v. Toy Quest Ltd. that the commercial general liability insurer had no duty to defend an “abuse of process” claim related to the...more

Troutman Amin LLP

SERIOUS STUFF: Court Reminds TCPA Lawyers They Could Be Disbarred or Jailed for Submitting False Evidence– And Everyone Should...

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Its getting a little chippy out there in TCPAWorld lately. I’ve been noticing an increasing effort by TCPA litigants to seek sanctions and call each other liars. At issue, ultimately, are the veracity of leads– webform...more

Skadden, Arps, Slate, Meagher & Flom LLP

Civil Litigation in U.S. Courts: A Primer for Non-U.S. Entities

The U.S. legal system has a number of features distinguishing it from its global counterparts. For example, U.S. courts take a very expansive (and some would say intrusive) view of pretrial discovery that differs greatly from...more

Law Office of Jason Ostendorf

Why Are We Still Doing In-Person Hearings? A Case for Default Remote Proceedings

Remote hearings proved that much of routine court business can be handled efficiently, professionally, and fairly without requiring lawyers, litigants, and judges to be physically present in the same room....more

Wiley Rein LLP

Illinois Federal Court Holds CGL Policy Does Not Cover Remediation Costs for Illegal Dumping

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The U.S. District Court for the Central District of Illinois, applying Illinois law, held that a commercial general liability policy did not provide coverage for a suit seeking compensation for costs associated with...more

Knobbe Martens

Federal Circuit Review | March 2026

Knobbe Martens on

In Trustees Of Columbia University v. Gen Digital Inc., Appeal No. 24-1243,  the Federal Circuit held that software claims were directed to an abstract idea at Alice step one where the technical improvements described in the...more

Patton Sullivan Brodehl LLP

LLC Buyout Dispute Hinges on Parol Evidence Rule and Integration Clause

California’s “parol evidence rule” codified in Code of Civil Procedure section 1856 and Civil Code section 1625 provides that when parties enter an integrated written agreement, extrinsic evidence may not be relied upon to...more

Robson & Robson, P.C.

Getting a Business Divorce Case into Federal Court: Federal Question Strategies That Actually Work

Robson & Robson, P.C. on

Business divorce cases are most often litigated in state courts, and that can create difficulty for all those involved. Based on anecdotal evidence (me talking with members of the judiciary at various lawyer events), many...more

Carlton Fields

Florida Appeals Court Decisions Week of April 13 - 17, 2026

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Kahlo v. Pinedo - personal jurisdiction, trademark, corporate shield - Joyce v. Forest River - Fla Lemon Law, arbitration, review - USA v. Martinez - Maritime Drug Law...more

ModeOne

Podcast Recap: Why Screenshots Are Inadequate for Mobile Collections

ModeOne on

Artificial intelligence can generate complex legal summaries. Cloud platforms process terabytes of data in hours. Mobile devices contain some of the most critical evidence in modern litigation....more

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