The U.S. Supreme Court's Alice v. CLS Bank decision 10 years ago this week led to scores of inventions being found ineligible for patenting, and rulings since then have fleshed out the law on the contentious topic. Here's a look at the most notable patent eligibility decisions after Alice.
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WEDNESDAY, JUNE 19, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Analysis

Top Patent Eligibility Rulings In The Decade Since Alice

By Ryan Davis

The U.S. Supreme Court's Alice v. CLS Bank decision 10 years ago this week led to scores of inventions being found ineligible for patenting, and rulings since then have fleshed out the law on the contentious topic. Here's a look at the most notable patent eligibility decisions after Alice.

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Justices To Hear Nvidia Case On Securities Pleading Standard

By Jessica Corso

The U.S. Supreme Court on Monday agreed to hear an appeal of a Ninth Circuit ruling that revived investors' claims over chipmaker Nvidia's crypto mining sales, giving the high court a chance to weigh in on the pleading requirements needed to sustain a shareholder class action.

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High Court Will Mull Proof Needed For Wage-Hour Carveout

By Jon Steingart

The U.S. Supreme Court said Monday it will hear a wage and hour case from a supermarket distributor, teeing up an opportunity for the justices to articulate the standard by which an employer must demonstrate workers are exempt from overtime.

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Justices Will Hear Philly Bridge Project Fraud Case

By Matthew Santoni

The U.S. Supreme Court will decide whether a Pennsylvania Department of Transportation contractor's false promise to give a certain share of its business to minority-owned subcontractors rises to the level of depriving the state agency of property, the court announced Monday.

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Justices To Decide If False Claims Act Applies To E-Rate

By Ali Sullivan

The U.S. Supreme Court on Monday agreed to review whether reimbursement requests made to the Federal Communications Commission's E-rate program for schools and libraries are "claims" under the False Claims Act.

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Q&A

Lambda Legal Calls For More LGBTQ+ Judges

By Courtney Bublé

President Joe Biden has made a historic increase in the diversity of judicial appointees, but a major LGBTQ+ legal organization is hoping for more progress with LGBTQ+ judges and says the clock is ticking.

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SUPREME COURT

Supreme Court Won't Revisit Calif. Law Arbitration Issue

By Max Kutner

The U.S. Supreme Court declined on Monday to revisit a case dealing with the arbitration of claims brought under a California law enabling workers to sue on behalf of the state and other workers for labor violations, an issue the justices decided on in 2022.

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Justices Won't Hear Challenge To NY Gun, Ammo Sales Laws

By Mike Curley

The U.S. Supreme Court on Monday denied a petition by New York gun shop owners seeking to appeal a decision striking down their suit challenging state laws regulating firearm sellers and ammunition sales.

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Justices Pass On Revisiting PAGA Arbitration Issue

By Max Kutner

The U.S. Supreme Court declined on Monday to take another look at the fate of nonindividual claims under California's Private Attorneys General Act when individual claims go to arbitration in a case involving Uber that was previously before the high court.

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Justices Reject Dispute Over $3.1B South Korean Military Deal

By Daniel Wilson

The U.S. Supreme Court declined Monday to consider the scope of commercial activities in a case brought by a brokerage firm fighting the loss of a $3.1 billion South Korean military satellite deal.

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High Court Won't Hear Florida Gaming Compact Dispute

By Crystal Owens

The U.S. Supreme Court declined Monday to take up two casino operators' petition to overturn a sports gaming compact between the state of Florida and the Seminole Tribe that allows for online betting off tribal lands.

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Pharmacy Groups Urge High Court To Hear Okla. PBM Case

By Emmy Freedman

Pharmacy industry groups asked the U.S. Supreme Court to reverse a Tenth Circuit decision that overturned portions of an Oklahoma law regulating pharmacy benefit managers, saying these intermediaries have driven up costs for patients while raising their own bottom lines, and states should be allowed to keep them in check.

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Mifepristone Ruling Means End Of Texas DACA Suit, Feds Say

By Catherine Marfin

A Texas-led coalition of states doesn't have standing to challenge the Deferred Action for Childhood Arrivals program after the U.S. Supreme Court's blockbuster decision rejecting a challenge to the abortion drug mifepristone, the Biden administration told the Fifth Circuit on Monday.

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Brief

Biden: High Court 'Never Been As Out Of Kilter'

By Courtney Bublé

President Joe Biden said at a campaign event over the weekend that the U.S. Supreme Court "has never been as out of kilter as it is today."

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DC CIRCUIT

Analysis

DC Circ. Gives FERC More Clarity On Scope Of Climate Reviews

By Keith Goldberg

A recent D.C. Circuit decision not only endorses the Federal Energy Regulatory Commission's current approach to reviewing the climate change impacts of gas infrastructure projects, but may also help trim environmental reviews by federal agencies across the board.

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Feds Say Bannon Must Go To Prison During Appeals

By Ali Sullivan

The U.S. government on Monday urged the D.C. Circuit to reject Donald Trump ally Steve Bannon's bid to stave off his four-month prison sentence for contempt of Congress, arguing that Bannon cannot show that the full D.C. Circuit or U.S. Supreme Court would take up his case.

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FEDERAL CIRCUIT

Fed. Circ. Says Errors Led To Injunction In Trade Secrets Suit

By Ivan Moreno

A Federal Circuit panel on Monday overturned a preliminary injunction against a South Korean insulin pump patch manufacturer that allegedly stole trade secrets from a rival, saying a Massachusetts federal court made a series of errors in its determination to grant an injunction.

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FIRST CIRCUIT

Teva, DOJ Signal Key Kickback Case May Fizzle At 1st Circ.

By Jeff Overley

A U.S. Department of Justice kickback case against Teva Pharmaceuticals — closely watched by False Claims Act lawyers because of its multibillion-dollar stakes and its link to a major circuit split — is poised for settlement, according to a new First Circuit filing ahead of eagerly awaited oral arguments.

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SECOND CIRCUIT

No Coverage For Family Shareholder Row, 2nd Circ. Affirms

By Hope Patti

A Liberty Mutual unit had no duty to defend Paraco Gas Corp. and two of its executives in a family shareholder dispute, the Second Circuit affirmed Monday, finding that all claims in the underlying suit fell within the policy's contract exclusion.

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FOURTH CIRCUIT

Weigh Therapist's Opinion In Deportation Case, 4th Circ. Says

By Alyssa Aquino

A divided Fourth Circuit on Monday revived a Mexican woman's efforts to stay in the country, faulting an immigration judge for not considering the impact of his deportation order on the woman's clinically depressed daughter.

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FTC Says Hospital Won't Fail Without Novant Buyout

By Jared Foretek

The Federal Trade Commission is pushing back against claims that North Carolina's Lake Norman Regional Medical Center will fail if the agency halts its acquisition by Novant Health, telling the Fourth Circuit that the hospital is, in fact, profitable and stable.

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FIFTH CIRCUIT

Hurricane Coverage Fight Must Be Arbitrated, 5th Circ. Rules

By Caroline Simson

The Fifth Circuit has ruled that a group of domestic insurers could force arbitration of a coverage dispute for hurricane damage under an international arbitration clause despite conflicting state law, overturning the underlying ruling based on a since-issued opinion.

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SIXTH CIRCUIT

Toss Universal Service Fund Challenge, FCC Urges 5th Circ.

By Christopher Cole

The Federal Communications Commission on Monday urged the Fifth Circuit to throw out a challenge to the agency's telecom subsidy system after the U.S. Supreme Court declined to take up a pair of similar cases.

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6th Circ. Sends Enbridge Pipeline Dispute To Mich. State Court

By Crystal Owens

A Sixth Circuit panel on Monday remanded a dispute between Michigan's attorney general and Enbridge Energy that looks to shut down dual pipelines that cross the Straits of Mackinac, saying the company failed to timely remove the case to federal court and there are no equitable exceptions to do so.

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6th Circ. Says Labor Law Doesn't Bar Bias Case Against GM

By Patrick Hoff

The Sixth Circuit revived a Black former General Motors employee's lawsuit Monday alleging he was denied a raise, demoted and suspended because of his race and post-traumatic stress disorder, ruling a lower court was wrong to say federal labor law preempted his bias claims.

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Insurers Ask 6th Circ. To Undo $13.3M Murder Coverage Loss

By Hope Patti

Two Liberty Mutual units said their insurers must reimburse them for a $13.3 million judgment stemming from a murder in a Florida motel, urging the Sixth Circuit on Monday to toss a lower court's ruling that a demand letter in the underlying suit didn't constitute a claim for bad faith.

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NINTH CIRCUIT

9th Circ. Says Facebook 'Face Signatures' Not Subject To BIPA

By Rachel Riley

The Ninth Circuit sided with Meta Platforms on Monday by declining to revive an Illinois resident's proposed class action accusing Facebook of breaking the state's Biometric Information Privacy Act, ruling that the "face signature" at issue isn't protected by the law because it cannot be used to identify someone.

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TENTH CIRCUIT

Feds, Tribes Say It's Too Soon To Reopen Monument Suit

By Crystal Owens

The federal government, tribes and conservation groups are fighting a bid by Utah and farming associations to lift a more than three-year stay in a challenge to the Bears Ears National Monument, arguing that the state is already involved in litigation that attempts to nullify the presidential proclamation that established it.

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CALIFORNIA

Excess Insurers May Need To Pay In Kaiser Asbestos Dispute

By Jennifer Mandato

A policyholder can tap into first-layer excess policies as soon as the primary coverage for that period is exhausted, the California Supreme Court ruled, potentially implicating several first-level excess insurers to contribute to coverage for underlying asbestos exposure claims against Kaiser Cement and Gypsum Corp.

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TEXAS

Texas High Court Restores Fossil Win Over Harassment Suit

By Patrick Hoff

The Texas Supreme Court reinstated Fossil Group Inc.'s defeat of a former sales associate's lawsuit alleging it did nothing to curb a supervisor's lewd online comments and sexual harassment, finding the fashion company took swift action when it learned of the misconduct.

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DELAWARE

Catching Up With Delaware's Chancery Court

By Leslie A. Pappas

Proposed amendments to Delaware's General Corporation Law that were prompted by several recent Chancery Court rulings sailed through the state Senate last week despite loud opposition from corporate law professors and other Chancery Court watchers, and Tesla shareholders filed two new suits against CEO Elon Musk. 

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GEORGIA

Ga. Panel OKs Instruction In $4.5M Spinal Device Injury Suit

By Kelcey Caulder

The Georgia Court of Appeals has affirmed a trial court's decision to tell jurors not to consider the availability of insurance benefits when considering the issues of liability and damages in a case in which a woman whose doctor incorrectly implanted a spinal cord stimulator was awarded $4.5 million.

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MICHIGAN

Mich. Justice Wants Tax-Break Filing Options After Mail Fiasco

By Carolyn Muyskens

A Michigan Supreme Court justice called on the state Legislature to give taxpayers more flexibility in claiming property tax exemptions after a company lost out on an exemption because the U.S. Postal Service never delivered its paperwork.

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COLORADO

Email Doesn't Cut It For Contempt Notice, Colo. Justices Say

By Daniel Ducassi

Colorado justices on Monday ruled that email is not enough to properly put a party on notice about contempt proceedings, concluding the medium does not meet the requirement for "directly" serving a party.

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Colo. Justices To Review Prefiling Interest Cap Dispute

By Mike Curley

The Colorado Supreme Court on Monday agreed to review whether a state court can let prefiling interest exceed the state's $1 million economic damages cap under the Health Care Availability Act, in a suit over a man's injuries at birth.

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MASSACHUSETTS

Split Mass. Top Court Backs Strict View Of Prompt Pay Law

By Brian Dowling

The top appeals court in Massachusetts said in a divided opinion Monday that contractors must pay overdue invoices before disputing claims under the state's prompt pay law, with two dissenting judges criticizing the majority for trying to rewrite the law "by judicial fiat."

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EXPERT ANALYSIS

High Court's BofA Ruling Leaves State Preemption Questions

A recent U.S. Supreme Court decision in Cantero v. Bank of America sheds light on whether certain state banking regulations apply to federally chartered banks, but a circuit split could still force the Supreme Court to take a more direct position, says Brett Garver at Moritt Hock.

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Next Steps After 5th Circ. Nixes Private Fund Adviser Rules

The Fifth Circuit's recent toss of key U.S. Securities and Exchange Commission rules regarding private fund advisers represents a setback for the regulator, but open questions, including the possibility of an SEC petition to the U.S. Supreme Court, mean it's still too early to consider the matter closed, say attorneys at Debevoise.

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Foreign Discovery Insights 2 Years After ZF Automotive

Although an Arizona federal court decision last month demonstrates that Section 1782 discovery may still be available to foreign arbitral parties, the scope of such discovery has narrowed greatly since the U.S. Supreme Court's 2022 decision in ZF Automotive, and there are a few potential trends for practitioners to follow, say attorneys at Venable.

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Think Like A Lawyer: Always Be Closing

When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

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LEGAL INDUSTRY

The 2024 Lawyer Satisfaction Survey

Firms are making their attorneys happy in most areas of professional life, including culture and compensation, but stress is a constant struggle and many are taking minimal vacations, according to the latest survey from Law360 Pulse.

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Akin Elects US, London Duo To Take Over From Veteran Chair

By Ashish Sareen

Akin Gump Strauss Hauer & Feld LLP said on Tuesday that it has elected the partner in charge of its New York office and a corporate specialist in London to jointly lead the firm as its longtime chair prepares to step down next year.

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Healthcare Tensions Equal Business For Litigation Funders

By Ryan Boysen

As rampant consolidation collides with inflation-squeezed margins in the American healthcare system, tensions between service providers and insurers are at the breaking point and increasingly boiling "over into litigation," providing opportunities for litigation funders, according to a new article by Burford Capital LLC.

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NY High Court Denies Trump's Gag Order Appeal

By Frank G. Runyeon

New York state's highest court on Tuesday denied Donald Trump's rapid appeal of the gag order that limited his speech during his criminal hush money trial, finding it did not raise serious constitutional issues.

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DC Bar Counsel Moves To Suspend Hunter Biden's Law License

By Alison Knezevich

Attorney disciplinary authorities in the nation's capital have moved to suspend Hunter Biden's license to practice law there after he was convicted of three federal gun charges last week.

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Dems' Absences Bring Canceled Vote On Ore. Federal Judge

By Courtney Bublé

The Senate scrapped a vote on Tuesday for Magistrate Judge Mustafa Taher Kasubhai's nomination to a district court judgeship in the District of Oregon amid vast Republican opposition.

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Dems Ask For Update On Justice Thomas Gifts Investigation

By Katie Buehler

A pair of Democratic lawmakers have asked the judiciary's governing body for an update on its review of U.S. Supreme Court Justice Clarence Thomas' failure to disclose years of luxury gifts and travel he received from conservative billionaires.

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Cuomo's Ex-Aide Details Sex Harrassment Claims In New Suit

By Dorothy Atkins

Former New York Gov. Andrew Cuomo's onetime executive assistant has filed a civil lawsuit in New York state court, accusing Cuomo of "outrageous sex discrimination and retaliation" roughly two years after related misdemeanor charges over the alleged misconduct were dropped.

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Del. House Panel Splits On Senate-Passed Corp. Law Change

By Jeff Montgomery

A divided Delaware House committee released on Tuesday contested amendments to the state's general corporation law, sending the measure toward a full House vote after sometimes edgy testimony that included a committee chair's shutdown of an opposing law professor's reference to HBO's seamy corporate drama series "Succession."

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The 2 New Jersey Attys Ensnared In A Mogul's Extortion Rap

By George Woolston

New Jersey businessman George E. Norcross III may be the alleged mastermind of an extortion scheme to reap millions in tax credits on waterfront property in a distressed city, but an explosive indictment also reveals the purported roles of two attorneys with close ties to the Democratic Party.

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Ariz. County Says New Kari Lake Vote Claims Merit Sanctions

By Ali Sullivan

Maricopa County officials are slamming former gubernatorial candidate Kari Lake's bid to unravel a Ninth Circuit decision affirming the toss of her lawsuit over Arizona's voting machines, contending that the "fatally flawed" effort warrants sanctions.

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9th Circ. Won't Revive Vax Mandate Case Amid Judge DQ Bid

By Emily Sawicki

In a nonprecedential opinion, the Ninth Circuit has refused to restore a COVID vaccine mandate suit brought by federal workers and contractors who also sought to disqualify a judge they believed was conflicted, finding the workers lacked standing because they named officials who cannot reinstate them rather than their employers.

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Panel Laments 'Hunger Games' Tactics In Mich. Judicial Races

By Carolyn Muyskens

A Michigan Court of Appeals panel has expressed concern that judicial candidates are weaponizing the complexity of Michigan's filing requirements to eliminate their competition, with one judge commenting that "contests for vacant judgeships all too often have turned into the Hunger Games." 

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McElroy Deutsch Says Exec Embezzled Money For Home

By Tracey Read

McElroy Deutsch Mulvaney & Carpenter LLP has doubled down on its bid for a constructive trust on the home of two former executives accused of stealing from the firm.

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9 Firms Vie To Lead Suit Over Ad Tech Co.'s Microsoft Ties

By Sydney Price

Pomerantz LLP, Levi & Korsinsky LLP and several other firms have filed competing bids to lead a proposed shareholder class action alleging that shares of ad tech company Perion Network declined nearly 40% after its strategic partner Microsoft Bing "unilaterally" changed its search advertising pricing.

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LAW FIRMS IN TODAY'S NEWS

Akin Gump

Arnold & Porter

Barry Richard Law Firm

Bernstein Liebhard

Bernstein Litowitz

Block & Leviton

Boies Schiller

Boyden Gray

Brown & Connery

Burgess Law Group

Carey Rodriguez Milian

Clement & Murphy

Cloppert Latanick

Conn Kavanaugh

Cooley LLP

Covington & Burling

Critchley Kinum

Crowell & Moring

Cuti Hecker

Debevoise & Plimpton

Degan Blanchard

Denver Trial Lawyers

Dickinson Wright

Duane Morris

Dykema Gossett

Faegre Drinker

Fourth Street Law

Fox Rothschild

Freund Freeze

Gallagher Gams

Gibson Dunn

Glancy Prongay

Glavin PLLC

Goldberg Kohn

Goodwin Procter

Greines Martin

Haynes & Boone

Hobbs Straus

Hogan Lovells

Holland & Knight

Holzer & Holzer

Hopkins & Carley

Horvitz & Levy

Huff Powell

J. Alexander Law

Joseph Hage Aaronson

K&L Gates

Kaplan Fox

Keker Van Nest & Peters

Kessler Topaz

Knobbe Martens

Lando & Anastasi

Law Offices of Jay S. Marks

Levi & Korsinsky

Lewis Roca

Lichten & Liss Riordan

Littler Mendelson

Lynberg & Watkins

Marino Tortorella

Mathewson Law LLC

Mayer Brown

McDermott Will & Emery

McDonough Hacking

McElroy Deutsch

Melehy & Associates

Milian Legal Group

Morgan Lewis

Moritt Hock

O'Neil Cannon

Ogletree Deakins

Outten & Golden

PAMH LLC

Pandit Law

Parker Daniels Kibort

Parker McCay

Parker Poe

Patterson Earnhart

Paul Weiss

Pomerantz LLP

Poole Huffman

Reed Smith

Robinson Bradshaw

Ropes & Gray

Savage Turner

Shapiro Arato

Sinnott Puebla

Sonosky Chambers

Stein Sperling

Steptoe LLP

Sunstein LLP

Thompson Coburn

Venable LLP

Walker Wilcox

Williams & Connolly

Wilson Elser

Winston & Strawn

Wolf Popper

​Bottini & Bottini

COMPANIES IN TODAY'S NEWS

AXA XL Ltd.

Abdul Latif Jameel Group

Advanced Micro Devices Inc.

Alstom SA

American Axle & Manufacturing Holdings Inc.

American Farm Bureau Federation Inc.

American Hospital Association

American Insurance Association

American Pharmacists Association

Bank of America Corp.

Burford Capital LLC

CTIA

CVS Health Corp.

Chegg Inc.

Civil Justice Association of California

Conner Strong & Buckelew

Cooper Health System

Creative Artists Agency LLC

De Novo

Decurion Corporation

Delaware State Bar Association

Earthjustice

Enbridge Energy Partners LP

Envision Healthcare Corp.

Express Scripts Holding Co.

FedEx Corp.

Food & Water Watch

Fossil Group Inc.

Granite State Insurance Co.

Graycor Inc.

HDI Global Specialty SE

HP Inc.

Hearst Corp.

Home Box Office Inc.

Industrial Alliance Insurance & Financial Services

Instagram Inc.

Institute for Policy Integrity

Insulet Corp.

Insulet Corporation

Intel Corp.

International Centre for Settlement of Investment Disputes

Ironshore Inc.

Lambda Legal Defense & Educational Fund

Liberty Mutual Insurance Group

Lockheed Martin Corp.

Lyft Inc.

Medtronic PLC

Meta Platforms Inc.

Mexican American Legal Defense & Educational Fund

Microsoft Corp.

Moelis & Co.

NBCUniversal Media LLC

NVIDIA Corp.

National Association of Chain Drug Stores

National Community Pharmacists Association

Native American Rights Fund Inc.

Natural Resources Defense Council

New Jersey State Bar Association

New York University

Novant Health Inc.

Nucor Corp.

Paraco Gas Corp.

Perion Network Ltd.

Pharmaceutical Care Management Association

ProQuest LLC

Public Citizen Inc.

Regeneron Pharmaceuticals Inc.

Restaurant Law Center

Rockhill Insurance Co.

Rolls-Royce PLC

Rowan University

Sales Inc.

Servotronics Inc.

Sierra Club

State Automobile Mutual Insurance Co.

Sun Bancorp Inc.

Tesla Inc.

Teva Pharmaceutical Industries Ltd.

The AES Corp.

The Boeing Co.

The District of Columbia Bar

The Leadership Conference on Civil & Human Rights

Therapeutics Inc.

Thermo Fisher Scientific Inc.

Toronto-Dominion Bank

Twitter Inc.

U.S. Anesthesia Partners

U.S. Chamber of Commerce

U.S. Vision Inc.

Uber Technologies Inc.

United Auto Workers

United Nations Commission on International Trade Law

United Parcel Service Inc.

United Policyholders

United States Telecom Association

United Way Worldwide Inc.

Viking Cruises Inc.

Warner Bros. Discovery Inc.

Warner Bros. Entertainment Inc.

Washington Legal Foundation

GOVERNMENT AGENCIES IN TODAY'S NEWS

Bad River Band of Lake Superior Chippewa Tribe

Bay Mills Indian Community

California Public Employees' Retirement System

California Supreme Court

Centers for Disease Control and Prevention

Colorado Supreme Court

Delaware Court of Chancery

Delaware River Port Authority

Federal Communications Commission

Federal Energy Regulatory Commission

Federal Trade Commission

Florida Supreme Court

Food and Drug Administration

Georgia Court of Appeals

Hopi Tribe

International Chamber of Commerce

Massachusetts Supreme Judicial Court

Michigan Attorney General's Office

Michigan Department of Natural Resources

Navajo Nation

New Jersey Attorney General's Office

New York Attorney General's Office

Ohio Civil Rights Commission

Pennsylvania Department of Transportation

Pipeline and Hazardous Materials Safety Administration

Pueblo of Zuni

Seminole Tribe of Florida

Texas Attorney General's Office

Texas Judicial Branch

Texas Supreme Court

U.S. Attorney's Office

U.S. Attorney's Office for the District of Massachusetts

U.S. Attorney's Office for the Southern District of California

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the First Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Tenth Circuit

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. Department of State

U.S. Department of Veterans Affairs

U.S. District Court for the District of Arizona

U.S. District Court for the District of Columbia

U.S. District Court for the Eastern District of New York

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Michigan

U.S. Postal Service

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

Ute Indian Tribe

Ute Mountain Ute Tribe