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Appellate
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January 21, 2026
Ga. Justices Deny Atty's Reprimand Bid After Jan. 6 Actions
A public reprimand may not be enough to discipline an attorney who was convicted and later pardoned of a felony and several misdemeanor federal offenses in connection with his participation in events at the U.S. Capitol on Jan. 6, 2021, the Georgia Supreme Court said Wednesday.
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January 21, 2026
FTC Must 'Scale A Slick Wall' To Revive Meta Suit
The Federal Trade Commission set itself up for a tough fight to overturn a D.C. federal judge's rejection of its lawsuit accusing Meta of monopolizing personal social media through its purchases of WhatsApp and Instagram.
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January 21, 2026
Feds Back Freight Broker In High Court Negligence Case
The federal government urged the U.S. Supreme Court Wednesday to hold that federal law unequivocally shields freight brokers from state-based negligence and personal injury claims, throwing its support behind broker and logistics giant C.H. Robinson in a closely watched case.
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January 21, 2026
Mich. Supreme Court Ponders Limits Of Jailhouse Searches
A Michigan Supreme Court justice asked if police can round people up on minor violations as a pretext to run warrantless DNA tests on their belongings, as the court grappled Wednesday with whether DNA found on an incarcerated man's jeans should have been kept out of a murder case.
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January 21, 2026
Pa. Justices Reverse Clickwrap Arbitration Limits, For Now
The Pennsylvania Supreme Court has determined that a lower appellate court was too quick to declare that "clickwrap" arbitration agreements buried in apps' and websites' terms of service erode the constitutional right to trial by jury, reversing a decision that invalidated such an agreement in an injury suit against Uber.
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January 21, 2026
Calif. GOP Asks Justices To Block New Congressional Map
California Republicans asked the U.S. Supreme Court to step in and block the state's new, voter-approved congressional districts before they can be used in this year's midterm election, arguing that the redrawn map constitutes illegal racial gerrymandering with Democratic officials "maximizing Latino voting strength."
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January 21, 2026
Del. Justices Urged To Revive Telemedicine Co. SPAC Suit
An attorney for special purpose acquisition company investors in a $1.35 billion take-public deal that preceded an affiliate bankruptcy, heavy losses and fraud claims urged Delaware's Supreme Court on Wednesday to reject arguments that the statute of limitations on the claims started ticking at the time of the alleged misrepresentation.
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January 21, 2026
Licensing Deal Saves Cisco From Lionra Suit, Fed. Circ. Says
The Federal Circuit rebuffed Lionra Technologies Ltd.'s efforts to save its patent infringement case against Cisco Systems Inc., with a panel finding Wednesday that a licensing agreement foreclosed the lawsuit and calling Lionra's characterization of the agreement "skewed."
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January 21, 2026
9th Circ. Reverses Ruling In $4.1M Union Health Plan Suit
A California district court erred in concluding a medical center where union dockworkers received treatments was not a hospital, a split Ninth Circuit panel ruled Wednesday, sending the workers' $4.1 million claims dispute against a multiemployer health plan back to the lower court.
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January 21, 2026
FedEx Loses $200M Interest Claim Against AIG Unit
A Pennsylvania state judge Wednesday said an AIG unit won't have to pay FedEx $200 million in post-judgment interest following a fatal crash involving one of its drivers, but allowed bad faith and promissory estoppel claims to move forward against the insurer because those claims require a trial.
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January 21, 2026
Allergan Says Fed. Circ.'s Ax Of $39M Win Misread Record
A Federal Circuit decision reversing a $39 million verdict against Sandoz in Allergan's suit accusing it of infringing an eyelash growth drug patent misunderstood the evidence and was based on an "indisputably false" premise, Allergan said in a petition for rehearing Tuesday.
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January 21, 2026
Dem States Warn Harvard Visa Ban Could Ripple Nationwide
A coalition of Democratic-led states told the First Circuit that the Trump administration's bid to bar Harvard University from admitting foreign students exemplifies its larger attempt to use immigration enforcement to retaliate against disfavored higher education institutions.
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January 21, 2026
Okla. Tribes Challenge Bid To Dismiss Hunting Rights Suit
Three tribal nations are fighting a motion by Oklahoma to dismiss their challenge that looks to block the prosecution of Native Americans for hunting and fishing on tribal lands, telling the court that the state's Ex parte Young doctrine arguments are "not colorable."
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January 21, 2026
Feds Oppose Bail For Conn. Oil Trader During FCPA Appeal
Federal prosecutors are fighting an oil trader's bid for freedom while he appeals a 15-month Foreign Corrupt Practices Act prison sentence, arguing the trader should begin serving time by Feb. 9 because his jury conviction probably won't be reversed.
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January 21, 2026
3rd Circ. Questions Mushroom Farmer's Tax Bill Accounting
A Third Circuit panel appeared skeptical Wednesday of a woman's bid to reduce her prison term for tax violations connected to her family's mushroom farm, with judges suggesting that different swaths of taxes she failed to pay the government could be grouped together as "relevant conduct" under federal sentencing guidelines.
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January 21, 2026
Fed. Circ. Won't Reinstate Text-Tracking Patent Case
The Federal Circuit on Wednesday affirmed a lower court's decision declining a cellular data-tracking company's request for a new trial, rejecting the company's arguments that the district judge's claim construction had been erroneous.
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January 21, 2026
7th Circ. Cautions Pro Se Litigants To Avoid AI-Induced Errors
The Seventh Circuit offered guidance to litigants using artificial intelligence while representing themselves in a ruling remanding a pro se plaintiff's civil rights case Wednesday, saying that AI has "great promise" for those who can't afford legal counsel, but that it doesn't abdicate them of their duty to avoid misrepresentations in court filings.
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January 21, 2026
$30M In Tax Fraud Penalties Required Juries, High Court Told
A think tank and a legal center threw their support Wednesday behind a group of taxpayers asking the U.S. Supreme Court to find that the IRS violated their rights to a jury trial when it slapped them with more than $30 million in penalties for tax fraud.
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January 21, 2026
Starbucks Settles COBRA Suit From Ex-Worker's Spouse
Starbucks has agreed to settle a proposed class action from employee health plan participants and their beneficiaries alleging lapses in the coffee chain retailer's post-employment medical insurance notices, according to filings in Florida federal court.
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January 21, 2026
11th Circ. Urged To Deny Inclusion Of Everglades Center Docs
The Trump administration and Florida's emergency management agency have urged the Eleventh Circuit to not supplement the appellate record with their communications on federal funding relating to the new immigration detention facility in the Everglades, arguing the documents are immaterial.
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January 21, 2026
Former SG Prelogar Joins Cooley Team On Trump EO Appeal
Former Solicitor General Elizabeth Prelogar has joined the legal team representing Jenner & Block LLP in its fight with President Donald Trump's administration over his executive order targeting the BigLaw firm, according to a new court filing.
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January 21, 2026
Nonprofits, Not BigLaw, Lead Legal Challenges To Trump
Public interest groups are handling a majority of the lawsuits filed against the second Trump administration, while most large firms remain on the sidelines, according to a review by Law360 of more than 400 lawsuits filed in the first year of Trump's second term.
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January 21, 2026
EcoFactor Can't Restore Thermostat IP Claims At Fed. Circ.
Smart home energy company EcoFactor on Wednesday failed to persuade the Federal Circuit to revive claims in one of its smart thermostat patents following a Patent Trial and Appeal Board decision that invalidated the claims.
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January 21, 2026
US Says Utah Tribe Lacks Injury Claim In $16M Clean Air Deal
The federal government is asking the Tenth Circuit to deny the Ute Tribe's appeal to overturn a lower court's denial of its intervention to challenge a $16 million Clean Air Act consent decree, arguing that the Utah Indigenous nation can't identify any cognizable injury.
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January 21, 2026
Boar's Head Heir Seeks Chancery Ruling On Board Seat
An heir to one of a major deli manufacturer's founders has asked the Delaware Chancery Court to step into a family governance dispute, arguing that the company improperly refused to recognize his election to the board despite a written stockholder consent he says was valid under Delaware law.
Expert Analysis
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Series
Judging Figure Skating Makes Me A Better Lawyer
Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.
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Female Athletes' NIL Deal Challenge Could Be Game Changer
A challenge by eight female athletes to the NCAA’s $2.8 billion name, image and likeness settlement shows that women in sports are still fighting for their share — not just of money, but of respect, resources and representation, says Madilynne Lee at Anderson Kill.
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9th Circ. Ruling May Help Pharma Cos. Avert Investor Claims
The Ninth Circuit's recent decision affirming the dismissal of a securities fraud class action alleging that Talphera deceived investors by marketing a drug with a misleading slogan should give plaintiffs pause before filing similar complaints where snappy slogans are accompanied by copious clarifying information, say attorneys at Simpson Thacher.
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What Ethics Rules Say On Atty Discipline For Online Speech
Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.
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What's At Stake In High Court's Ill. Ballot Deadline Case
In Bost v. Illinois State Board of Elections, the U.S. Supreme Court will hear arguments next week on whether and when candidates for office have standing to bring prospective challenges to election laws, raising broader issues about the proper timing of federal court election litigation, say Richard Pildes and Samuel Ozer-Staton at NYU School of Law.
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How Okla. High Court Ruling Will Alter Workers' Comp. Cases
The Oklahoma Supreme Court's recent decision in OBI Holding Company v. Schultz-Butzbach confirms that workers' compensation claims should move through the system without needless delay, which means attorneys on both sides will need to adjust how they handle such claims, says Steven Hanna at Gilson Daub.
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Kimmel 2nd Circ. Victory Holds Novel Copyright Lessons
The Second Circuit's recent decision in Santos v. Kimmel, dismissing a copyright infringement claim against Kimmel for airing Cameo videos recorded by former U.S. Rep George Santos, examines the unusual situation of copyrighted works created at the request of the alleged infringer, say attorneys at Venable.
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2 Rulings Highlight IRS' Uncertain Civil Fraud Penalty Powers
Conflicting decisions from the U.S. Tax Court and the Northern District of Texas that hinge on whether the IRS can administratively assert civil fraud penalties since the U.S. Supreme Court’s 2024 decision in SEC v. Jarkesy provide both opportunities and potential pitfalls for taxpayers, says Michael Landman at Bird Marella.
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Junior Attys Must Beware Of 5 Common Legal Brief Mistakes
Excerpt from Practical Guidance
Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.
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Contract Disputes Recap: Details, Instructions, Obligations
Recent decisions from the Armed Services Board of Contract Appeals and the Civilian Board of Contract Appeals offer critical insights into contractor reliance on government specifications, how instructions can affect a contractor’s dispute rights and how both factor into the larger claims process, says Sarah Barney at Seyfarth.
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Lessons As Joint Employer Suits Shift From Rare To Routine
Joint employer allegations now appear so frequently that employers should treat them as part of the ordinary risk landscape, and several recent decisions demonstrate how fluid the liability doctrine has become, says Thomas O’Connell at Buchalter.
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Utilizing 6th Circ.'s Expanded Internal Investigation Protection
A recent Sixth Circuit decision in In re: FirstEnergy demonstrates one way that businesses can use a very limited showing to protect internal investigations from discovery in commercial litigation, while those looking to force production will need to employ a carefully calibrated approach, say attorneys at Brownstein Hyatt.
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3rd Circ. Clarifies Ch. 11 3rd-Party Liability Scope Post-Purdue
A recent Third Circuit decision that tort claims against the purchaser of a debtor's business belong to the debtor's bankruptcy estate reinvigorates the use of Chapter 11 for the resolution of nondebtor liability in mass tort bankruptcies following last year's U.S. Supreme Court ruling in Purdue Pharma, say attorneys at Sullivan & Cromwell.
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Series
Power To The Paralegals: How And Why Training Must Evolve
Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.
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Evaluating The Current State Of Trump's Tariff Deals
As the Trump administration's ambitious tariff effort rolls into its ninth month, and many deals lack the details necessary to provide trade market certainty, attorneys at Adams & Reese examine where things stand.