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

SEC On Top: Supreme Court Confirms the Securities and Exchange Commission May Claw Back Ill-Gotten Gains Regardless of Investor...

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The United States Supreme Court issued its unanimous decision in Sripetch v. Securities and Exchange Commission on June 4, 2026, holding that the U.S. Securities and Exchange Commission (SEC) may obtain disgorgement in...more

McDermott Will & Schulte

Tick tock: Related trade secrets have single accrual date under DTSA statute of limitations

The US Court of Appeals for the Federal Circuit reversed a judgment awarding damages and a permanent injunction, finding that the plaintiff’s trade secret misappropriation claims were barred by the statute of limitations...more

McDermott Will & Schulte

Hague Service Convention: A “closed universe” of permissible service methods

The US Court of Appeals for the Seventh Circuit reversed a district court decision denying a motion to vacate a default judgment for lack of proper service under the Hague Service Convention, finding that where the Convention...more

NAM (National Arbitration and Mediation)

New York Medical Malpractice Case Valuation: Key Factors in 2026

Understanding medical malpractice case valuation today requires a more disciplined and data-informed approach than in prior years. Shifting jury behavior, rapid changes in healthcare delivery, and the growing influence of...more

McDermott Will & Schulte

Key changes in the revised German Product Liability Act

The German Federal Ministry of Justice and Consumer Protection has proposed a draft bill revising the German Product Liability Act (draft German Product Liability Act), which has been adopted by the Federal Cabinet on 17...more

McDermott Will & Schulte

Legal professional privilege (LPP) in France and the European Union

The expansion of protections afforded to in-house legal counsels has become one of the most significant recent developments in France and the EU....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey Court Revives Whistleblower Claims Based on Continuing Violations

A New Jersey appellate court reversed a trial court’s dismissal of whistleblower retaliation claims under the Conscientious Employee Protection Act (CEPA), holding that the plaintiff’s retaliatory termination and hostile work...more

BCLP

Spec 1 Limited & Ors v The Export-Import Bank of China: Squaring the Circle of Asymmetric Exclusive Jurisdiction Clauses

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The High Court in Spec 1 & Ors v Export-Import Bank of China [2026] EQHC 1162 (Comm) analysed the principles governing asymmetric exclusive jurisdiction clauses, emphasising that such clauses in finance documentation must be...more

McDonnell Boehnen Hulbert & Berghoff LLP

Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc. (2026)

In a decision that, in retrospect, is not surprising (in view of the haste with which the Court took up the case after granting certiorari; see “Solicitor General Proves Persuasive; Supreme Court Grants Hikma’s...more

IR Global

Commercial Litigation in 2026: Why the First 90 Days Decide Everything

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Commercial litigation in Australia is becoming increasingly front-loaded, with courts placing greater emphasis on early evidence preservation, tighter pleadings and faster case management. Businesses delaying preparation can...more

Bennett Jones LLP

Some Basis in Fact for the Common Issues - Courts Continue to Apply and Refine the Test

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For a common issue to be certified, the plaintiff must provide evidence sufficient to show “some basis in fact” that there is a proposed common that can be determined on a class-wide basis. In recent years, much ink has been...more

ALTO Litigation

May Trade Secrets Litigation Brief: Fed. Circuit Reversal on Damages, Insulin Pump Verdict Thrown Out, Disney's Fee Award, and...

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The U.S. Court of Appeals for the Federal Circuit held that trade secret plaintiffs may seek unjust enrichment damages measured by a defendant's gains from misappropriated technology and ordered a new trial on trade secret...more

Smith Anderson

Missed Payments, Lost Claims: What a New N.C. Case Means for Long-Term Contracts

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Construction contracts often contemplate periodic payments over several years. If a dispute arises years later, the statute of limitations may bar any claims for recovery. ...more

McGuireWoods LLP

South Dakota Supreme Court Makes a Privilege Call in a Scenario That Might Have Triggered an “At Issue” Waiver

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Attorney-client privilege protection depends on the communication’s content – it only immunizes from discovery clients’ request for legal advice (and accompanying factual recitations) and lawyers’ legal advice in response. ...more

Venable LLP

Supreme Court Clarifies Standard for Pleading Inducement of Patent Infringement in Hikma v. Amarin

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On June 4, 2026, a unanimous Supreme Court in Hikma Pharms. USA Inc. v. Amarin Pharma, Inc., No. 24-889, clarified the standard for pleading induced patent infringement under 35 U.S.C. § 271(b). ...more

Katten Muchin Rosenman LLP

Protecting Class Action Defense Victories from Mistaken District Court Remands Under CAFA

You are a class action defense attorney. You timely remove to federal court under the Class Action Fairness Act (CAFA). You litigate in that forum for years and successfully defeat class certification. You are defending the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey Appellate Court Questions Whether Firm’s Workplace Investigation Docs Are Privileged

A New Jersey appellate court issued a ruling suggesting that employers can successfully assert privilege under New Jersey law over work-product from an outside law firm’s investigation into workplace harassment or...more

Womble Bond Dickinson

What the Supreme Court’s Latest Decision on Skinny Labeling Means for Branded Drug Manufacturers

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On June 4, 2026 in Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc., the U.S. Supreme Court issued a unanimous decision that materially recalibrates inducement analysis in the context of Section viii carve-outs....more

Loeb & Loeb LLP

Decoding the Code: How Simple, Rigorously Accurate Advocacy May Have Broken the CIPA Litigation Impasse

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For nearly three years, corporate legal departments and privacy defense counsel have been bedeviled by an obscure four-letter acronym: CIPA. Originally enacted in 1967 to shield citizens from physical wiretaps and illicit...more

Rumberger | Kirk

Florida Attorney Fees Ruling Could End Expert Testimony Mandate

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You win your case, and the court finds that you are entitled to your reasonable attorney fees and costs from your opponent. You are excited that you are going to be reimbursed some or all of the fees and costs you have had to...more

Foley & Lardner LLP

Texas Business Court Weighs In On Discoverability of AI Prompts

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Share on LinkedIn Share on Twitter Print Share by Email Share Back to top The Texas Business Court has entered the growing national debate about whether conversations with AI tools like ChatGPT are discoverable, and it came...more

Freeman Mathis & Gary

[Webinar] Preserving Error for Appeal - June 25th, 2:00 pm - 3:00 pm EDT

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At the end of this course, participants should be able to understand preservation of error on appeal, identify key stages of litigation where preservation of error can be used to evaluate further case strategy and damages...more

Bennett Jones LLP

Courts Show Continued Commitment to Closely Scrutinizing Proposed Privacy Class Actions - Recent Decisions Reinforce Certification...

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While class actions premised on privacy claims have gained some renewed traction in recent years, courts continue to show a willingness to take a hard look at these actions and refuse certification in appropriate cases. Three...more

Mayer Brown

Court Orders Disclosure of Expert Witness’s AI Prompts: What Litigators Need to Know

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On May 18, 2026, Magistrate Judge Thomas O. Farrish of the US District Court for the District of Connecticut ordered the plaintiff in Conservation Law Foundation, Inc. v. Shell Oil Company, et al. (Case No. 3:21-cv-00933, D....more

Stradling Yocca Carlson & Rauth

You Had Your Chance: Director Squires Slams the Door on Second-Bite IPR Petitions

Background - In a precedential Director discretionary denial issued May 14, 2026, USPTO Director John A. Squires denied institution of inter partes review in Magnolia Medical Technologies, Inc. v. Kurin, Inc., holding that...more

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