On November 20, 2025, the U.S. Securities and Exchange Commission (SEC) filed a joint stipulation with SolarWinds Corp. and its chief information security officer (CISO), Timothy Brown, to dismiss with prejudice the...more
Welcome to the Intellectual Property Litigation Newsletter, our review of decisions and trends in the intellectual property arena. In this edition, we learn avoiding prior art “by another” may be difficult, secret sales...more
On November 3, 2025, the United States Court of Appeals for the Fifth Circuit affirmed the dismissal with prejudice of an action under the False Claims Act (“FCA”) against an inpatient-rehabilitation facility. See United...more
FUTURE LINK SYSTEMS, LLC v. REALTEK SEMICONDUCTOR CORPORATION - Before Reyna, Bryson, and Stoll. Appeal from the United States District Court for the Western District of Texas. The district court’s conversion of the...more
On September 17, 2025, Judge James Donato of the Northern District of California granted a motion to dismiss a putative antitrust class action, holding that plaintiffs failed to state a plausible Sherman Act claim, dismissing...more
The US Court of Appeals for the Federal Circuit found that a district court erred in denying fees and costs to the prevailing party (here, the defendant), but upheld the district court’s denial of Rule 11 sanctions. Future...more
Month in a Minute: July and August 2025 - Hughes Hubbard’s anti-corruption “Month in a Minute” offers a quick snapshot of the key foreign corruption-related developments from the prior month. This special Summer Recap...more
In family law and divorce cases, it’s not uncommon for one parent to accuse the other of child abuse by filing a report with the Illinois Department of Children and Family Services (DCFS). But, if DCFS later finds the...more
The Eleventh Circuit’s published decision in United States ex rel. Smith v. Odom, 2025 WL 2424425 (11th Cir. Aug. 22, 2025), affirms dismissal with prejudice under the False Claims Act’s public-disclosure bar and offers...more
Back in 2009, Salvador Parra filed suit in the trial court of Jones County, Mississippi against 19 companies for asbestos exposure. He amended to clarify he was a Louisiana citizen but was employed in Mississippi in 1968-69...more
The Consumer Financial Protection Bureau voluntarily dismissed its lawsuit with prejudice against a major retailer and a fintech company in the District of Minnesota....more
On April 22, 2025, the U.S. District Court for the Northern District of West Virginia entered a Stipulation and Order Vacating Permanent Injunction and Dismissing All Claims and Counterclaims with Prejudice in In re:...more
U.S. Eleventh Circuit Court of Appeals - Guevara v. Lafise - FLSA - Turner v. US Att’y Gen - immigration, derivative citizenship - USA v. Webster - statute of limitations, tolling by filing information - Insurance...more
In a strategic move to preserve their right to seek reconsideration of previously dismissed DMCA § 1202(b) claims, the plaintiffs in Andersen v. Stability AI have voluntarily dismissed with prejudice all DMCA claims. The...more
This case addresses the application of issue preclusion in relation to the validity of three patents. In particular, this case focuses on the implications of decisions made during the dismissal of pending litigations and...more
Robert Hayes, et al. v. Aegis Capital, FINRA Case #22-02854 - Six claimants asserted causes of action for suitability, churning, failure to supervise, breach of fiduciary duty, breach of contract, unauthorized trading,...more
Douglas Davis, et al. v. JRL Capital Corporation, et al., FINRA Case #22-01426 - In a case stemming from alleged losses from GWG L Bonds, two out of six claimants had their claims dismissed with prejudice as a sanction for...more
In the latest development of a complicated eight-year court battle regarding a copyright infringement claim, the US Court of Appeals for the First Circuit vacated and remanded the district court’s dismissal on claim...more
On June 4, 2024, the United States Court of Appeals for the Fifth Circuit affirmed the dismissal of an "at the well" royalty holder's class action lawsuit after the Texas Supreme Court held that Hilcorp Energy Co. properly...more
Federal and state antitrust enforcers, as well as private plaintiffs, are actively investigating and challenging both the companies using pricing algorithms, and the software vendors or the data analytics firms providing the...more
A United States District (Connecticut) (“Court”) addressed in an April 28th Order an issue involving enforcement of the Resource Conservation and Recovery Act (“RCRA”). See Zeil v. U.S. Department of Justice, 2024 WL 1330812....more
A Nevada federal court on May 8, 2024, dismissed with prejudice a putative class action alleging that a handful of Las Vegas hotel operators and a software provider broke antitrust laws by licensing and using a software...more
Hargett v. Hamilton Park OPCO, LLC, et al., No. A-2036-22, 2023 WL 8533057 (N.J. App. Div. Dec. 11, 2023) (approved for publication) - The trial court dismissed the plaintiff’s complaint with prejudice for failure to provide...more
On February 29, 2024, the Ninth Circuit issued its opinion in Lexington Insurance Co. v. Smith (Suquamish Tribe). The Court affirmed the tribal court’s subject-matter jurisdiction over Lexington pursuant to the Tribe’s...more
On January 18, 2024, the California Supreme Court issued its long-awaited opinion in Jorge Luis Estrada et al. v. Royalty Carpet Mills, Inc., resolving a court of appeal split between the Second District (Wesson v. Staples...more