Appellate

  • January 26, 2026

    IP Notebook: Nutcracker Suit, Copyright Termination, Playboy

    This edition of Law360's overview of emerging copyright and trademark trends delves into a Fifth Circuit decision that tests the territorial boundaries of copyright law, and a dispute over "stream-ripping" on YouTube that has artificial intelligence companies weighing in.

  • January 26, 2026

    Colo. High Court Says Xcel's Immunity Bid Went Too Far

    A Colorado regulatory agency lacked the authority to approve a tariff limiting Xcel Energy's liability from a man's personal injury claim, the Colorado Supreme Court held Monday in a ruling that also rejected an appellate court's finding that the tariff does not extend to non-Xcel customers.

  • January 26, 2026

    8th Circ. Rejects DOJ Bid For Minn. Church Protest Warrants

    An Eighth Circuit panel denied the Trump administration's push to secure arrest warrants for five people it accused of unlawfully disrupting a church service to protest immigration enforcement operations in Minneapolis after a federal judge refused to issue them.

  • January 26, 2026

    Colorado High Court Narrows Involuntary Intoxication Defense

    A divided Colorado Supreme Court on Monday ruled that if a defendant requests an involuntary intoxication defense in a criminal case, the trial court does not need to consider the possible presence of multiple intoxicants — such as a joint laced with another substance — to deny the defense, only that a defendant knowingly ingested one.

  • January 26, 2026

    Minnesota Appeals Court Won't Toss Climate Change Suit

    A Minnesota appeals court on Monday affirmed a lower court's decision not to toss the state's lawsuit alleging that Exxon Mobil Corp., Koch Industries Inc. and the American Petroleum Institute concealed the climate change risks of fossil fuels.

  • January 26, 2026

    Justices' FCC Review Could Reshape IRS Penalty Disputes

    The U.S. Supreme Court's upcoming review of a pair of cases questioning the validity of the Federal Communications Commission's penalty authority could have ripple effects that further delineate the Internal Revenue Service's authority to impose penalties.

  • January 26, 2026

    T-Mobile, Sprint Lose Bid To Revive FCC Fines Challenge

    T-Mobile and Sprint have failed to persuade the D.C. Circuit to reconsider their challenge to $92 million in Federal Communications Commission fines over the carriers' past sale of consumers' location data. 

  • January 26, 2026

    9th Circ. Pauses Discovery Order In UFC Wage Suits

    A Ninth Circuit panel temporarily paused a Nevada federal court's discovery order in wage suppression lawsuits against UFC after the mixed martial arts organization said the order violated attorney-client privilege and the First Amendment.

  • January 26, 2026

    3rd Circ. Finds NJ Officials Shielded From COVID Deaths Suit

    A proposed class action on behalf of the families of roughly 10,000 nursing home residents who died early in the COVID-19 pandemic cannot proceed against New Jersey officials over their response, the Third Circuit has ruled, finding the officials are protected through qualified immunity.

  • January 26, 2026

    11th Circ. Backs MetLife's Death Benefits Denial

    The Eleventh Circuit on Monday upheld MetLife's denial of accidental death benefits to a federal government worker who died days after she broke her leg and ankle exiting a vehicle, finding the insurer's exercise of an exclusion for contributing underlying physical illnesses wasn't arbitrary or capricious.

  • January 26, 2026

    DOJ Urges 6th Circ. To Uphold IRS Jet Fee Excise Tax

    A fractional aircraft ownership company is liable for federal excise taxes, the U.S. Department of Justice told the Sixth Circuit, arguing that the company failed to establish any statutory or equitable defense while urging the appellate judges to affirm a lower court's ruling.

  • January 26, 2026

    Fed. Circ. Won't Revisit 'More Than An Athlete' TM Suit

    The Federal Circuit on Monday declined to reconsider its decision affirming a trademark tribunal's finding that NBA star LeBron James and his company own the rights to the phrase "More Than An Athlete."

  • January 26, 2026

    Fla. Panel Sides With State Over Signatures For Pot Initiative

    A Florida state appeals court sided with officials over invalidating more than 70,000 signatures collected for a potential ballot initiative that would legalize recreational cannabis in the Sunshine State, saying emailed directives handed down to county election supervisors regarding petition verification weren't unlawful. 

  • January 26, 2026

    NJ Court Says Security Co.'s Harassment Suit Needs 2nd Look

    A New Jersey state appeals panel ruled Monday that despite a valid arbitration pact, a worker who said security logistics company Brink's failed to take action when colleagues called her gendered slurs may still be entitled to her day in court.

  • January 26, 2026

    Bankrupt Biz Can't Avoid Pension Obligations, 4th Circ. Says

    A defunct construction business owes the International Painters and Allied Trades Industry Pension Fund about $1.6 million, a Fourth Circuit panel said Monday, affirming a lower court's decision that the fund's lawsuit seeking payment was filed on time.

  • January 26, 2026

    Disarming Cannabis Users Is Unconstitutional, Justices Told

    A Texas man charged with illegally possessing a gun as a regular cannabis user told the U.S. Supreme Court that the government had no more right to disarm him than it had to restrict the gun use of people who drank on the weekends.

  • January 26, 2026

    Full 3rd Circ. Passes On Alina Habba DQ Challenge

    The Third Circuit on Monday declined to reconsider its decision blocking Alina Habba from serving as acting U.S. attorney for New Jersey, denying the Justice Department's petition for rehearing and leaving intact a decision that sharply curtailed the government's use of creative maneuvers to install interim federal prosecutors.

  • January 26, 2026

    3rd Circ. Won't Revive Challenge To Fund For Bilked Clients

    A suspended attorney who was previously disbarred and jailed for a job-selling scheme within the Pennsylvania auditor general's office in the 1980s can't sue a state fund for compensating his clients after he allegedly siphoned money from their trust account, the Third Circuit ruled Monday.

  • January 26, 2026

    AI Image Is Not Copyrightable, Gov't Tells High Court

    The U.S. government has urged the U.S. Supreme Court to reject an appeal from a computer scientist over whether an image created by an artificial intelligence system he developed can qualify for copyright protection, arguing that existing law clearly limits copyrights to human authors.

  • January 26, 2026

    Radio Co. Says Letting Nielsen Resume Data Tying Hurts Biz

    Cumulus Media has urged the Second Circuit not to lift a New York federal judge's order blocking Nielsen from conditioning access to its nationwide radio ratings data on the purchase of local market data while the ratings company appeals the ruling.

  • January 26, 2026

    Suit Over Fatal Fire Can Go To Philippines, Conn. Justices Say

    The Connecticut Supreme Court ruled Monday that a trial court conducted the right assessment in deciding that a wrongful death suit over a devastating call center fire belonged in the Philippines, in a defeat for the estate administrator for 29 people who were killed.

  • January 26, 2026

    4th Circ. Preview: NCAA Eligibility And E-Cigarette Law

    Notwithstanding the winter storm that slammed several states over the weekend, litigators will clash at the Fourth Circuit this week on whether NCAA eligibility rules violate antitrust law, or federal law preempts North Carolina's ability to regulate e-cigarette sales.

  • January 26, 2026

    Justices Nix 4th Circ. Ruling That Affirmed New Criminal Trial

    The U.S. Supreme Court on Monday ditched a Fourth Circuit ruling that affirmed habeas corpus relief for a Maryland man convicted of attempted murder, saying the appeals court overstepped federal habeas limits by second-guessing a state court's decision.

  • January 26, 2026

    DOL Asks 3rd Circ. To Back Siemens' 401(k) Forfeiture Suit Exit

    The U.S. Labor Department supported Siemens Corp.'s request that the Third Circuit affirm the dismissal of a proposed class action alleging the technology company's use of millions in forfeited 401(k) funds violated federal benefits law, agreeing with a lower federal court that the allegations reached beyond ERISA's scope.

  • January 26, 2026

    SVB Says FDIC Can't Claim Setoff In $1.9B Fight

    The bankrupt parent of the failed Silicon Valley Bank on Monday made its case to the Second Circuit that the Federal Deposit Insurance Corp. lost the right to assert setoff arguments in a fight over $1.9 billion in bank funds by failing to make the argument in SVB's Chapter 11 case.

Expert Analysis

  • Funding Haze And Deregulatory Pursuits: The CFPB In 2026

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    In 2025, the Consumer Financial Protection Bureau did not seek additional funding from the Federal Reserve and unwound the legacy of former bureau leadership, and this year will bring further efforts to rescind or rewrite bureau regulations, as well as a changed tone to supervision efforts, say attorneys at Covington.

  • 4 Developments That Defined The 2025 Ethics Landscape

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    The legal profession spent 2025 at the edge of its ethical comfort zone as courts, firms and regulators confronted how fast-moving technologies and new business models collide with long-standing professional duties, signaling that the profession is entering a period of sustained disruption that will continue into 2026, says Hilary Gerzhoy at HWG Law.

  • 5 Trade Secret Developments To Follow In 2026

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    Watch for major developments in trade secret law this year, especially as courts clarify the reach of U.S. law internationally, the availability of trade secret damages and more, say attorneys at Faegre Drinker.

  • Top 10 Employer Resolutions For 2026

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    Heightened regulatory attention, shifting enforcement priorities and increased litigation risk mean that routine workplace decisions in 2026 will require greater discipline and foresight, including in relation to bias and inclusion training, employee resource groups, employee speech, immigration compliance, workplace accommodations, and shadow artificial intelligence, say attorneys at Krevolin & Horst.

  • Navigating AI In The Legal Industry

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    As artificial intelligence becomes an increasingly integral part of legal practice, Law360 guest commentary this year examined evolving ethical obligations, how the plaintiffs bar is using AI to level the playing field against corporate defense teams, and the attendant risks of adoption.

  • 4 California Insurance Law Decisions To Know From 2025

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    California continued to shape the national insurance landscape in 2025, issuing a series of decisions that may recalibrate claims handling, underwriting strategy and policy drafting in areas from property damage claims after a wildfire to automobile coverage for delivery drivers in the gig economy, say attorneys at Nicolaides Fink.

  • The Major Securities Litigation Rulings And Trends Of 2025

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    The past 12 months saw increased regulator focus on disclosures concerning artificial intelligence, signs of growing judicial scrutiny at the class certification stage, and shifting regulatory priorities at the U.S. Securities and Exchange Commission — all major developments that may significantly affect securities litigation strategy in 2026 and beyond, say attorneys at Debevoise.

  • A 6th Circ. Snapshot: 3 Cases That Defined 2025

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    With more than a thousand opinions issued this year, three rulings from the Sixth Circuit stood out for the impact they'll have on the practice of civil procedure, including a net neutrality decision, a class certification standards ruling and an opinion about vulgarity in school, say attorneys at Ice Miller.

  • How Fractional GCs Can Manage Risks Of Engagement

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    As more organizations eliminate their in-house legal departments in favor of outsourcing legal work, fractional general counsel roles offer practitioners an engaging and flexible way to practice at a high level, but they can also present legal, ethical and operational risks that must be proactively managed, say attorneys at Boies Schiller.

  • Health, Legal Employers Face Unique Online Speech Hurdles

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    Employers in the legal and healthcare industries must consider distinctive ethical obligations and professional requirements when disciplining employees for social media posts, while anticipating an area of the law in flux as courts seek to balance speech rights and the workplace function, say attorneys at FordHarrison.

  • Opinion

    Justices Should Clarify Loper Bright Doctrine Via Patent Case

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    The U.S. Supreme Court should use the Lynk Labs v. Samsung patent case to provide urgently needed guidance on how last year’s Loper Bright decision should be applied to real-world questions of agency authority in the post-Chevron world, says Timothy Hsieh at Oklahoma City University School of Law.

  • 3 Notable Developments In Ch. 15 Bankruptcy This Year

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    Several notable Bankruptcy Code Chapter 15 decisions from 2025 warrant review, including rulings that clarified the framework of Chapter 15 surrounding nonparty releases, reinforced the principles of a debtor's center of main interest in the face of extensive mass tort litigation, and reviewed synthetic cross-border proceedings, say attorneys at Troutman.

  • Reviewing 2025's Most Pertinent Wiretap Developments

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    2025 was a remarkable year in the world of web tracking wiretapping litigation, not only for the increased caseload but also because of numerous developing theories of liability, with disputes expected to continue unabated in 2026, say attorneys at Squire Patton.

  • Series

    Nature Photography Makes Me A Better Lawyer

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    Nature photography reminds me to focus on what is in front of me and to slow down to achieve success, and, in embracing the value of viewing situations through different lenses, offers skills transferable to the practice of law, says Brian Willett at Saul Ewing.

  • Series

    Law School's Missed Lessons: Practical Problem Solving

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    Issue-spotting skills are well honed in law school, but practicing attorneys must also identify clients’ problems and true goals, and then be able to provide solutions, says Mary Kate Hogan at Quarles & Brady.

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