What Mock Exercises Reveal That Briefs Cannot

A federal court in California denied preliminary approval of a $2.3 million data breach settlement affecting over 220,000 individuals, finding seven critical deficiencies in the proposed agreement. The decision highlights the rigorous scrutiny courts apply to class action settlements, particularly regarding claims-made distribution processes, inadequate documentation of settlement value, and unexplained disparate treatment among class members.

On August 21, 2026, the Tenth Circuit granted the NCAA’s stay request in Wisne v. NCAA, temporarily restoring the NCAA’s age-based eligibility rules pending resolution of the appeal. Three weeks earlier, Judge Sweeney of the District of Colorado had issued a nationwide injunction that permitted athletes in the Class of 2022 to pursue a fifth year of eligibility.

The New Jersey Supreme Court refused to allow a respondent to benefit from its refusal to pay arbitration fees in Roach v. BM Motoring, LLC, 2017 WL 931430 (NJ March 9, 2017).

Concora Credit has agreed to pay $9.375 million to settle a TCPA class action lawsuit over wrong number robocalls, with prominent TCPA attorney Mike Greenwald securing another major victory. The settlement includes over $5 million for approximately 147,000 class members, $3 million in attorney fees, and a commitment to spend at least $1 million on TCPA compliance over three years.

The top ten largest class action settlements in securities cases in the U.S. have recouped tens of billions of dollars in damages.

A federal judge in Florida has ruled that cell phone users cannot sue under the TCPA's do-not-call provisions, determining that the FCC exceeded its authority when it extended protections to wireless subscribers in 2003. The decision challenges decades of regulatory interpretation and could fundamentally reshape telecommunications privacy litigation if adopted by other courts.

The First Circuit Court of Appeals recently affirmed the dismissal of a securities fraud class action against a biopharmaceutical company, ruling that literally true statements about clinical trial results were not actionable half-truths under securities law. The decision centered on whether the company's statements about the absence of retinal vasculitis cases in drug trials were misleading, despite following FDA-approved protocols that plaintiffs argued were insufficient to detect the condition.

The Fifth Circuit's en banc decision in Sterling v. City of Jackson tests whether residents exposed to lead-contaminated municipal drinking water can sue under Section 1983 for substantive due process violations. In a 10-5 ruling, the court held that environmental harms caused by government mismanagement belong to tort law and the political process, not constitutional claims, creating a significant circuit split with implications for how environmental compliance failures by public officials are litigated.

O'Reilly Auto Parts and its BigLaw counsel agreed to pay $18.8 million to settle a TCPA class action involving SMS messages to numbers on the DNC list, despite the claim potentially being invalid under recent Seventh Circuit precedent. The settlement, reached just weeks after oral arguments suggested SMS messages may not constitute "telephone calls" under the TCPA, could result in over $6.2 million in attorney fees while class members receive modest payouts for claims that may not legally exist.

A federal court granted Disney's motion to compel arbitration in an antitrust class action, allowing the company to invoke fuboTV's subscriber terms of service after acquiring a 70% stake in the streaming platform. The ruling demonstrates how corporate mergers can fundamentally alter litigation strategy by enabling non-signatories to enforce arbitration agreements containing "future affiliates" provisions.

AI is transforming business operations by boosting productivity and innovation, but its "black box" nature makes risk assessment challenging.

In a series of plot twists that would make George R.R. Martin proud, the typically staid U.S. Copyright Office has become a proxy in the increasingly...

As artificial intelligence becomes integral to business operations, companies face mounting pressure to secure insurance coverage for AI-related risk.

On March 12, 2026, the United States Trade Representative (USTR) announced that it had initiated expedited investigations into 60 countries under Section 301(b)...

Anyone faced with litigation risk should be prepared for the inevitable request for their employees' user prompts on either enterprise-licensed or individual user accounts on ChatGPT, Claude, or other AI chatbots.

Yesterday, the Department of Justice (DOJ) released department-wide corporate enforcement guidelines that apply to criminal matters across all divisions and U.S. Attorney's Offices...

Boies Schiller Flexner defended an $812 million judgment before the D.C. Circuit Court of Appeals in a landmark case involving Fannie Mae and Freddie Mac shareholders challenging the Net Worth Sweep. The firm argued that the government's decision to divert all profits to Treasury was unprecedented, arbitrary, and breached shareholders' reasonable expectations and the implied covenant of good faith.

On January 31, 2026, the Constitutional Court of Kazakhstan published a full draft of a new constitution, following the September 2025 announcement of a constitutional reform initiative by the president of Kazakhstan.

On June 2, 2026, the United States Trade Representative (USTR) issued its report on its conclusions for the Section 301 investigations into 60 countries “related to the failure to impose and effectively enforce...

At this point, every legal department should at least be exploring GenAI to help manage their workflows. But how do you determine which programs are right for your needs? And how can you ensure the results you get are fit for purpose and will not expose you to more risk?