United States: Trials & Appeals & Compensation

The Federal Circuit affirmed the PTAB's unpatentability finding for a patent related to selectively enabling data paths in memory systems. The court addressed challenges to the Board's reliance on prior art references and claim mapping, while rejecting procedural arguments about the adequacy of the Board's reasoning.

Host Nikki Dobay welcomes Greenberg Traurig colleague Madeline Orlando back on the GeTtin' SALTy podcast to discuss the latest litigation over state packaging extended producer responsibility (EPR) laws.

On Sept. 18, 2026, the U.S. Department of Justice announced updates to Justice Manual provisions governing False Claims Act (FCA) litigation. The updates (1) limit the use of nonbinding agency guidance to establish FCA liability and (2) require DOJ attorneys to assess whether the government’s interests warrant dismissal “in each case” at the time the agency decides to decline to intervene in the case. The prior version of the Justice Manual did not mandate that DOJ attorneys make that assessment at the time the agency declined to intervene.

Nuclear verdicts pose significant risks for defense counsel, particularly in catastrophic injury cases. Strategic mistakes during trial preparation often lead to exceptionally high jury awards that exceed reasonable expectations. Early case planning and mock trial research can help identify vulnerabilities and reduce exposure to adverse outcomes.

In 1980, the Department of Justice pursued a civil action against William “Billy” Carter, brother of then-President Jimmy Carter, who had allegedly received payments from the Libyan government without registering under the Foreign Agents Registration Act (“FARA”). The matter soon raised questions about possible White House involvement, prompting a Senate investigation into Mr. Carter and his relations with Libya.

With an etymology rooted in Old French and Latin, the translation of “voir dire” is “to speak the truth.” The voir dire process, which may feel more like targeted questioning than truth-speaking, is often the first opportunity to shape how jurors view both counsel and the case

The Seventh Circuit Court of Appeals has issued a significant ruling that challenges the procedural foundations of Schedule A litigation, a practice that has allowed intellectual property owners to sue hundreds of foreign online merchants simultaneously while obtaining asset freezes before defendants are even aware of the lawsuits. This decision, coupled with increased judicial scrutiny in the Northern District of Illinois...

An appeal can take a surprisingly long time to reach oral argument. And even after the lawyers have argued the case, months can pass before the Court of Appeals issues its decision. That silence can be frustrating, and it can be tempting to assume that the delay means something about the outcome. Perhaps the judges are struggling with the case. Perhaps they are divided. Perhaps they are preparing to reverse the trial court.

NERA's 18th annual review reveals significant shifts in asbestos litigation trends, with average claim settlements declining 29% in 2025 after eight years of increases, while dismissal rates rebounded by 20%. The analysis examines comprehensive data from corporate 10-K filings and cancer incidence statistics to provide insights into the evolving landscape of asbestos-related liabilities and their implications for companies, insurers, and legal practitioners.