Appellate

  • June 24, 2026

    DOJ Nominee Questioned About Deleted Social Media Posts

    A nominee for a top U.S. Department of Justice position, who is a real estate attorney turned tech entrepreneur, came under fire on Wednesday for past social media posts that he's now deleted.

  • June 24, 2026

    Conn. Justices Threaten Sanctions For AI Errors

    The Connecticut Supreme Court has threatened to sanction GLG Law LLC and one of its attorneys for submitting documents in two cases "that misrepresented the law through the use of generative artificial intelligence," according to a Tuesday order that summoned them to appear in court next month.

  • June 24, 2026

    5th Circ. Sides With Starbucks On Union Backer's Firing

    The Fifth Circuit has reversed a National Labor Relations Board decision finding that Starbucks unlawfully fired a worker for supporting a unionization effort at the store, saying the decision rested on insufficient evidence that the coffee giant acted out of anti-union animus.

  • June 24, 2026

    Green Groups Ask DC Circ. To Halt Pa. Oil Plant Extension

    Four environmental groups have asked the D.C. Circuit to review the U.S. Department of Energy's emergency orders extending the life of a fossil fuel power plant outside Philadelphia, joining other litigation challenging the Trump administration's efforts to keep alive oil, gas and coal power generators that had been slated to shut down.

  • June 24, 2026

    Feds, Hemp Cos. Fight Over DEA's New HHC Rule In 2 Circuits

    The U.S. Drug Enforcement Administration and a pair of hemp product companies are butting heads in the Fourth and Ninth circuits over a newly enacted DEA rule expressly listing hexahydrocannabinol, or HHC, as a Schedule I substance under the Controlled Substances Act.

  • June 24, 2026

    How 3 Courts Are Approaching AI Adoption

    The rules surrounding artificial intelligence experimentation in courts run the gamut from court systems offering proprietary tools and training to unwritten policies that essentially amount to don't ask, don't tell.

  • June 23, 2026

    Kaiser Owes LA County Hospital $82M In Out-Of-Network Suit

    Kaiser Permanente's health coverage arm must pay more than $82 million to Pomona Valley Hospital Medical Center to cover unreimbursed emergency medical services, a California state judge ordered Tuesday, after a state appeals court backed a jury's verdict concerning payment for roughly 4,000 disputed medical service claims.

  • June 23, 2026

    Split DC Circ. Clears Expansion Of Expedited Removals

    A split D.C. Circuit panel on Tuesday allowed the Trump administration to move ahead with a plan to fast-track the deportation of more noncitizens, vacating a lower court's decision to put the plan on hold over what one judge called "woefully inadequate procedures."

  • June 23, 2026

    Paramount Urges High Court To Limit Video Privacy Lawsuits

    Paramount Global is calling on the U.S. Supreme Court to preserve a ruling that only consumers who directly subscribe to audiovisual goods and services can bring lawsuits under the Video Privacy Protection Act, arguing that a more expansive reading would allow plaintiffs to flood the courts and would wrongly "transform" the law into an "unworkable internet-privacy regime."

  • June 23, 2026

    High Court's Cisco Ruling Is A Win For Multinational Cos.

    The U.S. Supreme Court's decision Tuesday clearing Cisco in an Alien Tort Statute suit alleging it helped the Chinese government violate international law is a win for companies that do business in regions with possible human rights issues, experts tell Law360.

  • June 23, 2026

    BDSM Texts Don't Apply To Assault Trial, Colo. Justices Say

    The Colorado Supreme Court on Tuesday reinstated the conviction of a man who was found guilty of assaulting his wife over several days, with the high court finding that text messages the couple sent each other about their erotic fantasies were not relevant and thus inadmissible.

  • June 23, 2026

    FTC Tells 4th Circ. Court Got It Wrong In J&J Stelara Case

    The Federal Trade Commission has told the Fourth Circuit that a Virginia federal court messed up when it ruled in an antitrust suit against Johnson & Johnson that the company bringing the suit needed to show specific intent in order to prop up a monopolization claim over the immunosuppressive drug Stelara.

  • June 23, 2026

    Disney, Netflix Win Texas Cities' Franchise Tax Suit Again

    Streaming services companies including Disney and Netflix have again prevailed against multiple Texas cities accusing them of evading a state franchise tax, with a Texas appeals court reaffirming that the companies do not need to obtain franchise licenses.

  • June 23, 2026

    11th Circ. Mulls DOT Order Scrapping Delta, Aeromexico JV

    The Eleventh Circuit on Tuesday questioned whether the U.S. Department of Transportation sufficiently analyzed the competitive effects of Delta Air Lines' joint venture with Aeromexico — or considered alternative conditions — before ordering the airlines to dismantle their nearly decade-long partnership.

  • June 23, 2026

    9th Circ. Allows Airport Cleaning Co. To Arbitrate Wage Claims

    A company that offers janitorial services to airports can compel arbitration in a former employee's wage and hour proposed class action, the Ninth Circuit ruled Tuesday, reversing a California district court's determination that the arbitration agreement was unconscionable.

  • June 23, 2026

    Colo. Justices Nix Conviction Over DNA-Swabbing Confession

    Colorado's highest court ruled Tuesday that detectives violated a defendant's Fourth Amendment rights by interrogating a confession out of him while they executed a narrow court order to collect DNA samples.

  • June 23, 2026

    9th Circ. Told Feds Can't Just Undo LA Cop's Conviction

    The dean of University of California, Berkeley School of Law, told the Ninth Circuit that a federal court in California is within its rights to refuse the federal government's request to drop already-tried charges against a Los Angeles County sheriff's deputy who was convicted by a jury of violating the constitutional rights of a Black woman during a shoplifting investigation.

  • June 23, 2026

    9th Circ. Judge Pans Live Nation's 'Unlawful' Arbitration Terms

    A Ninth Circuit panel on Tuesday expressed doubt about Live Nation's argument that a putative class action seeking refunds for a canceled 2022 festival belongs in arbitration, with one judge calling Live Nation's arguments "puzzling" and another judge saying she's disturbed to see a "blatantly unlawful provision" in its terms.

  • June 23, 2026

    Colo. Justices Weigh Late Jury Demand In Dust Dispute

    The Colorado Supreme Court grappled Tuesday with competing interpretations of state civil procedure rules surrounding whether a plaintiff can demand a jury trial in an amended complaint when one wasn't requested in the initial complaint at oral arguments.

  • June 23, 2026

    10th Circ. Revives Utah National Monument Challenges

    A Tenth Circuit panel on Tuesday revived challenges to former President Joe Biden's designations of hundreds of thousands of acres as parts of Bears Ears and Grand Staircase-Escalante national monuments, finding that the Antiquities Act puts discernible limits on the president's discretion.

  • June 23, 2026

    6th Circ. Won't Disrupt Professor's Pregnancy Bias Verdict

    The Sixth Circuit refused Tuesday to upend a $205,000 verdict in favor of a former Michigan Technological University accounting professor who said she was given a lower raise because she took maternity leave, saying a reasonable jury could conclude the dean improperly considered her pregnancy.

  • June 23, 2026

    Colo. Justices Uphold Antero's $215M Fraud Win

    A doctrine limiting tort claims over contract losses did not bar a fraud claim tied to a fracking wastewater treatment project, the Colorado Supreme Court ruled Tuesday, affirming a more than $215 million judgment for Antero.

  • June 23, 2026

    Colo. Justices Say Courts Can Order Condemnation Discovery

    The Colorado Supreme Court ruled Tuesday that trial courts have discretion to order discovery before immediate possession hearings in condemnation proceedings, finding a lower court erred in concluding it lacked that authority.

  • June 23, 2026

    Judicial Noms Still Say Biden Won In 2020 — Technically

    A group of judicial nominees, who earlier this month were the first of the Trump administration's nominees to say President Joe Biden won the 2020 election, reiterated in follow-up statements that Biden won the election "as a matter of law" — doubling down on what critics say is an equivocation on the election's outcome.

  • June 23, 2026

    Voyager Investors Appeal Toss Of Mark Cuban Crypto Case

    Investors of collapsed cryptocurrency brokerage Voyager Digital on Tuesday told a Florida federal judge they are challenging his order dismissing their claims against Mark Cuban and the Dallas Mavericks and his ruling denying the transfer of the case to Texas.

Expert Analysis

  • Series

    NY Times Word Puzzles Make Me A Better Lawyer

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    Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

  • Tracking Tech Suit Is A Risk Management Reminder For Cos.

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    The Fifth Circuit recently heard oral argument in Rand v. Eyemart Express — an appeal that could reshape the legal landscape for businesses that deploy tracking tech on their websites — underscoring the importance of proactive risk management for companies across multiple industries, say attorneys at Blank Rome.

  • Series

    Law School's Missed Lesson: Diagnose Before Arguing

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    Law school often skips over explicitly teaching students how to determine what kind of problem a case presents before they commit to a particular doctrinal path, which risks building arguments that are internally coherent but externally misaligned, says Melanie Oxhorn at Kobre & Kim.

  • A Fed. Circ. Blueprint For Drafting Medical Device Patents

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    The Federal Circuit's decision in Constellation Designs v. LG last month, among other recent rulings, underscores the importance of emphasizing engineering, rather than clinical goals, when drafting patent claims for medical devices and software as a medical device, says Brandon Theiss at Volpe Koenig.

  • Decoding Arbitral Disputes: EU's Arb. Defense From Russia

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    The EU's latest package of restrictive measures against Russia marks a significant shift from merely resisting Russian jurisdictional tactics to proactively protecting arbitration and exclusive jurisdiction agreements, elevating the procedural importance of dispute resolution clauses, says Josep Galvez at 4-5 Gray's Inn Square.

  • Becoming The Biz-Savvy GC That Portfolio Companies Need

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    Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

  • Nielsen Appeal Tests Antitrust Limits Of Pricing And Bundling

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    In Cumulus v. Nielsen, the Second Circuit is considering a structural pattern in which a monopolist exploits upstream market power to foreclose downstream competition, which could potentially offer broad insight into how courts will assess exclusionary bundling and pricing defenses under antitrust law, says Luke Hasskamp at Bona Law.

  • Series

    Judges On AI: How Courts Can Survive The Tech Revolution

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    Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

  • 'Skinny Label' Arguments Spotlight Induced Infringement Risk

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    Recent oral arguments before the U.S. Supreme Court in Hikma Pharmaceuticals v. Amarin Pharma highlight the uncertain boundary between lawful generic competition through so-called skinny labels and induced patent infringement, with potential implications for patent holders’ communication, enforcement and causation strategies across industries, says Anton Hopen at Trenam.

  • A Framework For Habeas Relief After 5th Circ. Bond Ruling

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    Following the Fifth Circuit’s recent Buenrostro-Mendez v. Bondi decision foreclosing statutory bond for detained nonimmigrants not deemed admitted to the U.S., lawyers should adopt a framework that requests habeas relief pursuant to the Fifth Amendment’s due process clause, says Kemal Hepsen at Mandamus Lawyers.

  • 4th Circ. Ruling Will Rewrite Class Action Litigation Strategies

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    The Fourth Circuit's recent decision in Oliver v. Navy Federal Credit Union is the first from a federal circuit court to hold that motions to strike are inappropriate vehicles for challenging class allegations at the pleading stage, invalidating a tactic that had been used for decades, says Jim Francis at Francis Mailman.

  • Startup Founder Disputes Increasingly Turn On Governance

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    Recent Delaware developments suggest that as courts place increasing emphasis on board process, independence and oversight in founder-led startups, the growing intersection of governance, technology risk and investor oversight is accelerating both the emergence and escalation of founder disputes, says mediator Frank Burke.

  • 3 AI Adoption Mistakes GCs Should Avoid

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    The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

  • Series

    Playing Basketball Makes Me A Better Lawyer

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    My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

  • Salt-N-Pepa Suit May Shake Up Music Copyright Issue

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    James v. UMG Recordings is a copyright termination rights case that provides an opportunity for the Second Circuit to make concrete choices about grant language, authorship, work-for-hire status and survival of derivative works, says attorney Abdul Abdullahi.

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