Some Brief Thoughts On Writing For Appellate Courts

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.

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.

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 court rejected TikTok's attempt to use two prior nationwide class action settlements—totaling over $93 million—to dismiss new privacy claims brought by minors alleging violations of the Children's Online Privacy Protection Act. The ruling hinged on whether the current plaintiffs were demonstrably members of the earlier settlement classes based solely on the pleadings, raising critical questions about the scope and enforceability of broad settlement releases in successive privacy litiga

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 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).

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 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.

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.

Florida juries continue to deliver multimillion-dollar verdicts in personal injury cases despite 2023 tort reform efforts, with non-economic damages now routinely exceeding medical expenses by factors of 20 to 180 times. Corporate defendants in transportation, hospitality, and insurance sectors face unprecedented exposure as plaintiffs' attorneys successfully leverage anchoring arguments and juror sympathy to secure outsized awards. How should businesses and insurers recalibrate their risk management strate

Scott L. Vernick was quoted in The Legal Intelligencer article, "Did UPMC Data Breach Ruling Lock Plaintiffs Out of State Court?" on January 23, 2017.

Fox Rothschild was among three first-time entrants into the Am Law 100 this year, jumping up 10 spots from a year ago.

Christopher J. Pippett was featured in the Credit Union Times article, "Feds Uncover New Details in CFO Embezzlement."

The Federal Trade Commission (FTC) just published its Health Products Compliance Guidance ("Guidance"), which it issued to replace an advertising guide from 1998 focused on dietary supplements.

Mossack Fonseca. Before April 2016, most of us had never even heard of a Panamanian law firm by that name.

Darrell D. Miller is featured in The Wrap's article, "Jamie Chung, ‘Deadpool' Actor Karan Soni Join Jennifer Aniston's ‘Office Christmas Party' (Exclusive)."

Joshua Horn's blog post, "Why The SEC Does Not Want The Free Lunch," originally posted the firm's Securities Compliance Sentinel, was mentioned as one of the top postings for October 19, 2015.

The annual State of the Union address fulfills an obligation of the Presidency set forth in Article II, Section 3 of the United States Constitution...

Anyone want to lay bets in favor of the individual athlete v. the corporate NCAA? That’s what we thought.

Matthew S. Adams was quoted in the NJ.com article, "Security Guard Alleges Cop Put Gun to His Head, Threatened Him"