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Appeals

Eversheds Sutherland (US) LLP

Fifth Circuit holds written consent not required for telemarketing calls under the TCPA

On February 25, 2026, the US Court of Appeals for the Fifth Circuit issued a significant decision in Bradford v. Sovereign Pest Control of TX, Inc., holding that the Telephone Consumer Protection Act (TCPA) does not require...more

McDermott Will & Schulte

Tree-mendous award: Damages expert royalty opinions are lit

The US Court of Appeals for the Federal Circuit affirmed a damages verdict amounting to tens of millions of dollars. The Court found that the patentee’s damages expert correctly apportioned value to the patented feature and...more

McDermott Will & Schulte

Did you account for the entire corresponding disclosed structure?

The US Court of Appeals for the Federal Circuit affirmed the district court’s grant of summary judgment of noninfringement of a means-plus-function claim element, emphasizing that a patentee must compare the accused product...more

McDermott Will & Schulte

Manufactured host cells markedly different from naturally occurring cells may be patent eligible

Addressing subject matter eligibility in the life sciences context, the US Court of Appeals for the Federal Circuit reversed a district court’s summary judgment ruling that certain claims directed to genetically engineered...more

Bradley Arant Boult Cummings LLP

Major TCPA Shift: Fifth Circuit Rules Oral Consent Is Valid

Following the Supreme Court’s decision in McLaughlin Chiropractic Associates v. McKesson Corp., which we discussed last year in depth, federal courts have gained the ability to deviate from the Federal Communications...more

McDermott Will & Schulte

This Week in 340B: February 24 – March 2, 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

Vedder

California Court of Appeal Creates Test for Distinguishing Volunteers from Employees

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On January 6, 2026, the First District Court of Appeal in Spilman v. The Salvation Army, 117 Cal. App. 5th 913 (2026), held that volunteers are neither owed wages nor entitled to rights under the California Labor Code and...more

Seyfarth Shaw LLP

No Signature, No Arbitration: Fifth Circuit Sends Strong Warning to Employers

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In a decision that is likely to surprise many employers who have mandatory pre-dispute arbitration programs where they have obtained the unequivocal assent of their employees to arbitrate their disputes, a federal appeals...more

Knobbe Martens

Trademark & Brand Protection Update | February 2026

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While the UDRP can be a fast and cost effective way to recover domain names registered in clear bad faith, it may not succeed in disputes involving legitimate competing rights, complex business relationships, or unresolved...more

ALTO Litigation

February Trade Secrets Litigation Brief: AI Battle, Criminal Indictment, and Appellate Line-Drawing

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Trade secret litigation often turns on fast-moving disputes over information, competition, and control. Each month, we highlight notable rulings, verdicts, and enforcement actions shaping trade secret risk and litigation...more

Cohen Seglias Pallas Greenhall & Furman PC

Ask a Lawyer - March 2026

One of my residents has appealed from a judgment I won at the Magisterial District Judge (MDJ) Court. I was told by a clerk at the courthouse that since the landlord is my LLC, I have to hire a lawyer to handle the appeal for...more

Husch Blackwell LLP

FERC Reaffirms Go-Ahead of Natural Gas Construction During Appeals

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At the Federal Energy Regulatory Commission’s (“FERC” or the “Commission”) monthly open meeting on February 19, 2026, the Commission reaffirmed that it will not reinstate its ban on gas pipeline work during appeals....more

Husch Blackwell LLP

Court of International Trade Orders CBP to Refund IEEPA Duties on All Liquidated and Unliquidated Entries

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On March 4, 2026, following the February 20, 2026 decision by the Supreme Court invalidating IEEPA tariffs, the Court of International Trade ordered CBP to (a) liquidate “without regard to IEEPA duties” all unliquidated...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Tennessee Air Pollution Control Board Technical Secretary's Proposed Order/Civil Penalty Addressing Pavement...

The Tennessee Air Pollution Control Board (“Board”) issued a February 2nd Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Volunteer Paving LLC (“VP”) addressing an alleged violation of an Air Permit....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Endangered Species Act/Clean Water Act: Federal Appellate Court Addresses Challenge to U.S. EPA Water Quality Criteria for Cadmium

The Center for Biological Diversity (“CBD”) had filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Arizona against the United States Environmental...more

Walkers

Royal Court upholds ODPA reprimand in landmark appeal

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The Royal Court endorsed the ODPA’s position that “appropriate” technical and organisational measures must be put in place with reference to the sensitivity and risk profile of the data itself. The fact that the...more

Holtzman Vogel Baran Torchinsky & Josefiak

DOJ’s Voter Roll Lawsuits: A Primer

The U.S. Department of Justice has filed federal lawsuits against 29 states and the District of Columbia seeking access to voter registration data. On February 26, 2026, the DOJ announced lawsuits against five additional...more

Vedder

Get it in Writing? Fifth Circuit Says No Need on TCPA Matters

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When we wrote about McLaughlin Chiropractic Associates, Inc. v. McKesson Corp., 606 U.S. 146 (2025), last July, we said it might lead to circuit splits. Well, the Fifth Circuit just cracked open a doozy. In what is welcome...more

Holland & Knight LLP

The Final Word? Supreme Court Refuses to Hear Case on AI Authorship and Inventorship

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The U.S. Supreme Court has declined to weigh in on whether artificial intelligence (AI) can be an author under U.S. copyright law. On March 2, 2026, the Court denied certiorari in Thaler v. Perlmutter (Case No. 25-449) and...more

Baker Botts L.L.P.

Supreme Court Denies Petition on Copyright Authorship by AI

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On March 2, 2026, the Supreme Court denied certiorari filed by Dr. Stephen Thaler, who sought review of the U.S. Copyright Office's denial of copyright protection to various works created by Thaler's “DABUS” artificial...more

Maynard Nexsen

8(a) Client Alert: SBA Termination Notices Are Now Arriving—What the Actual Letters Say and Your 30-Day Response Plan

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This alert is a follow-on to our prior coverage of the SBA’s December 2025 data call, widespread suspensions, and the initial wave of proposed terminations: SBA Client Alert: All 8(a) Firms Must Submit Detailed...more

Smith Anderson

Supreme Court Takes Up Climate Tort Case Amid EPA Endangerment Rollback

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The U.S. Supreme Court’s decision to review a landmark climate tort case, coupled with the EPA’s repeal of its foundational Greenhouse Gas Endangerment Finding, signals a pivotal moment for climate liability and regulation in...more

ALTO Litigation

February Securities Litigation Brief: From Fraud Focus to Funko Fallout

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Developments in securities litigation move fast, and not all of them matter equally. Each month, Alto Litigation curates and summarizes the cases, rulings, and regulatory actions most likely to shape risk and strategy in the...more

Venable LLP

Fifth Circuit Limits TCPA Prior Express Written Consent Requirements

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Last week, the Fifth Circuit Court of Appeals held that the Telephone Customer Protection Act (TCPA) permits businesses to obtain only prior express consent rather than prior express written consent for autodialed and...more

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