News & Analysis as of

Disclosure Requirements Appellate Courts

Bradley Arant Boult Cummings LLP

The Federal Circuit Calls for a Replay Allowing Sonos Another Opportunity at Google

The Federal Circuit’s recent decision in Google LLC v. Sonos, Inc. (24-1097) offers a compelling look at the evolving doctrine of prosecution laches, the written description requirement, and the practical realities of patent...more

McGlinchey Stafford

Ohio Supreme Court Clarifies Disclosure Duties Between Creditors and Sureties

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In a recent opinion, the Supreme Court of Ohio definitively held that a creditor does not have an affirmative duty to disclose facts that materially increase risk to a surety—and nor does a surety have a duty to disclose to...more

A&O Shearman

Third Circuit Reinstates Class Action Against Reinsurance Company, With Instructions To Allow Additional Discovery

A&O Shearman on

On August 20, 2025, the United States Court of Appeals for the Third Circuit reinstated a class action asserting claims under the Securities Exchange Act of 1934 against a reinsurance company and certain of its executives. In...more

Womble Bond Dickinson

Ninth Circuit Clarifies DTSA’s Trade Secret Identification Requirements

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In an August 12, 2025 decision, the Ninth Circuit emphasized important differences between the federal Defend Trade Secrets Act (“DTSA”) and the California Uniform Trade Secrets Act (“CUTSA”)—differences which might...more

EDRM - Electronic Discovery Reference Model

Criminal Conviction Reversed After State Failed to Timely & Fully Disclose its Use of a Type of Artificial Intelligence

“After a one-day trial in the Circuit Court for Montgomery County, a jury found Craig Donnell Johnson guilty of robbery. Before trial, Mr. Johnson had filed a motion to dismiss the case, arguing that the State had withheld...more

Saul Ewing LLP

D.C. Circuit Curbs Investigative Use of Omnibus Non-Disclosure Orders Under Stored Communications Act

Saul Ewing LLP on

In a rare appellate ruling regarding the breadth of Section 2705 of the Stored Communications Act (“SCA”), the U.S. Court of Appeals for the D.C. Circuit held the government could not use a broad, prospective nondisclosure...more

Phelps Dunbar

Texas Struggles to Rein in 'Nuclear Verdicts' as Senate Bill 30 Fails

Phelps Dunbar on

Texas juries are known for awarding “nuclear verdicts” and these awards are growing. Personal injuries —even relatively minor in nature—can result in jury awards creating generational wealth, whereas in the past reasonable...more

Woods Rogers

New Requirements for Briefs Amicus Curiae in the Court of Appeals of Virginia and Supreme Court of Virginia

Woods Rogers on

The Supreme Court of Virginia adopted amendments to the Rules concerning non-parties filing an amicus curiae brief in the Court of Appeals of Virginia or the Supreme Court of Virginia. (Rules 5:30, 5A:23) These amendments go...more

Constangy, Brooks, Smith & Prophete, LLP

Appellate court orders disclosure of contractors’ EEO-1 Reports

The Ninth Circuit rules that FOIA does not protect data from disclosure.  As we previously reported, the Center for Investigative Reporting and its reporter Will Evans are battling the U.S. Department of Labor over its...more

Holland & Knight LLP

SEC Feels the Heat

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Earlier this year, the U.S. Court of Appeals for the First Circuit vacated and remanded a $93 million district court judgment entered against a broker-dealer and investment adviser for allegedly inadequate disclosures of...more

McGinnis Lochridge

When $180 Million Rides on an Expert's Supplementation Decision

McGinnis Lochridge on

$180M oil case lost when Apollo refused to fix expert's flawed damages model. Without expert testimony meant no damages recovery in technical fields. In Apollo Exploration, LLC v. Apache Corporation, No. 11-19-00183-CV, 2025...more

Paul Hastings LLP

Regulating Proxy Advisors: Court Rules Advice Is Not a ‘Solicitation’ and Texas Enacts Its Own Law

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On July 1, 2025, the U.S. Court of Appeals for the District of Columbia Circuit ended more than five years of uncertainty and confusion by ruling that proxy voting advice issued by proxy advisors is not a “solicitation” under...more

Kohrman Jackson & Krantz LLP

Ohio Court Holds Non-Disclosure of Sewer Assessment Fraudulent in Real Estate Sale

A recent Eleventh District Ohio Court of Appeals decision (Bockelman v. Griffin) reminds us that: 1) fraudulent concealment/non-disclosure is an exception to the general real estate principle of “Caveat Emptor” (Let the Buyer...more

Mintz - Securities & Capital Markets...

Court Vacates SEC’s New Share Repurchase Disclosure Rules

On December 19, 2023, the US Court of Appeals for the Fifth Circuit vacated the Securities and Exchange Commission’s (SEC) share repurchase disclosure rules, which were adopted in May 2023 and became effective on July 31,...more

Morrison & Foerster LLP

Fifth Circuit Court of Appeals Vacates U.S. SEC Share Repurchase Rule

Morrison & Foerster LLP on

On December 19, 2023, the Fifth Circuit Court of Appeals issued an opinion and judgment vacating (the “Judgment”) the U.S. Securities and Exchange Commission’s (SEC) Share Repurchase Disclosure Modernization rule (the...more

Venable LLP

Ninth Circuit Upholds Dismissal of Autorenewal Lawsuit, Finds Disclosure, Consent, and Acknowledgment Sufficient

Venable LLP on

In January, the Ninth Circuit agreed with a California district court's finding that a software company's autorenewal practices did not violate California's autorenewal law. The decision reflects a win for companies offering...more

Payne & Fears

Key California Employment Law Cases: April 2020

Payne & Fears on

Anthony v. TRAX Int’l Corp., No. 18-15662, 2020 WL 1898843 (9th Cir. Apr. 17, 2020) - Summary: An employer may use after-acquired evidence to show that a plaintiff is not a qualified individual under the Americans with...more

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