Appellate

  • January 14, 2026

    Jury Seated In Goldstein Trial, Arguments To Start Thursday

    A federal jury was seated in Thomas Goldstein's felony tax and mortgage fraud case Wednesday, but the government will wait until Thursday to begin making its case.

  • January 14, 2026

    SEC To Lean On Congress As Defense In High Court Case

    The U.S. Supreme Court is once again stepping into the debate over when the U.S. Securities and Exchange Commission can demand that alleged fraudsters give up ill-gotten gains, but this time the agency plans to argue a 2021 government spending bill should save it from further limits to its disgorgement powers.

  • January 14, 2026

    Exasperated Judge Won't Expand Opioid Film Injunction

    BioDelivery Sciences International needed to pursue a contempt order, not an enforcement action, when alleging a 2022 injunction blocking Alvogen's generic version of its Belbuca opioid film should be applied to a new generic application, a Delaware federal judge held in a case where he was already "frustrated (and exhausted)."

  • January 14, 2026

    Texas Justices Seem Open To Judicial Review Of Hemp Rule

    The Texas Supreme Court seemed skeptical of the Texas Department of State Health Services' argument that the judiciary lacks authority to review a decision to make delta-8 THC a controlled substance, asking Wednesday why the court should not have authority to enforce an existing law.

  • January 14, 2026

    Door Maker Says Birthright Ruling Doesn't Impact Divestiture

    Steves & Sons Inc. told the Fourth Circuit that the U.S. Supreme Court's recent ruling dealing with the reach of nationwide injunctions has no bearing on the door manufacturer's landmark win in a private merger challenge.

  • January 14, 2026

    House Blocks GOP Bid To Cut Funds For DC Judges, Courts

    The House on Wednesday failed to approve a Republican-led amendment to a government funding bill that would decrease the funding for D.C. courts and take aim at two federal judges Republicans are looking to impeach.

  • January 14, 2026

    Justices Wary Of NJ's Immunity Defense In Transit Injury Suits

    The U.S. Supreme Court signaled skepticism Wednesday toward New Jersey's bid to cloak its public transit system in sovereign immunity, repeatedly questioning why the state chose the corporate form and rejected liability for the agency's debts but now insists the entity functions as an arm of the state.

  • January 14, 2026

    USPTO Tells Fed. Circ. To Reject Assignor Estoppel Case

    The U.S. Patent and Trademark Office has urged the Federal Circuit to reject a mandamus petition by Tessell Inc. that claimed the office flouted precedent by using assignor estoppel to reject patent challenges, saying the decisions were based on discretion, not that legal doctrine.

  • January 14, 2026

    FAA Worker's Suspension Not Race-Based, 11th Circ. Affirms

    The Eleventh Circuit backed an early win Wednesday for the Federal Aviation Administration in a discrimination suit from an air traffic controller, ruling that "all evidence in the record" supports the conclusion that he was disciplined for failing to complete workplace training on time.

  • January 14, 2026

    Judicial Misconduct Prompts New Assault Trial In New York

    A man who was convicted of assault, disorderly conduct and criminal possession of a weapon will get a new trial, a New York appeals court ruled Wednesday, finding that a judge improperly inserted himself into the proceedings, appearing to favor the prosecution.

  • January 14, 2026

    Duke Energy Fights To Recover Over $17M In Fuel Costs

    In an effort to secure recovery of over $17 million in fuel costs, counsel for Duke Energy's electric utilities serving the Carolinas told a state appeals court Wednesday that lawmakers have always intended for utilities to recover or return fuel costs "dollar for dollar."

  • January 14, 2026

    3rd Circ. Nixes Engineer's Plea For Sharing Navy Contract Info

    In a precedential opinion Wednesday, a split Third Circuit panel ruled that a lower court should not have accepted the guilty plea of a Navy engineer charged with disclosing bid information related to a contract for submarine propeller machinery, holding that prosecutors based the plea deal on shaky legal ground.

  • January 14, 2026

    DOJ Asks To Drop Hung Counts In Ex-Gas Co. CFO's Tax Case

    Federal prosecutors asked to drop most of the remaining charges against a Russian gas company's former chief financial officer who was convicted of other tax crimes after failing to secure unanimous support from a jury, according to documents filed in a Florida federal court.

  • January 14, 2026

    Alito Denies Bid To Avoid Depos In Texas Hair Bias Suit

    U.S. Supreme Court Justice Samuel Alito on Wednesday shot down a bid from a Texas school district seeking to stave off depositions of two district officials in a case alleging the district discriminated against Black students who wore their hair in locs.

  • January 14, 2026

    EEOC Faces Headwinds In 8th Circ. Bid To Upend Jury Verdict

    The U.S. Equal Employment Opportunity Commission faced an uphill battle at the Eighth Circuit Wednesday as it sought a new trial in a suit accusing a chemical company of failing to stop a Black employee from being harassed, with one judge suggesting the agency's challenge to jury instructions is off-base.  

  • January 14, 2026

    2nd Circ. Suspects Forum Shopping In Credit Suisse Suit

    Two Second Circuit judges Wednesday sounded inclined to uphold the dismissal of a breach of duty claim against Credit Suisse and others tied to its auditing firm, with one saying the decision to bring the stock-plunge case in New York "almost smacks of forum shopping."

  • January 14, 2026

    Conn. Justices Reject Convicted Man's 6th Amendment Claim

    The Connecticut Supreme Court has ruled that a defendant's Sixth Amendment rights were not violated when the jury in his home invasion and assault case received an instruction about a section of state law he was not charged under.

  • January 14, 2026

    DOJ Calls On 3rd Circ. To Rethink Habba DQ Ruling

    In a request for rehearing en banc filed Wednesday, the federal government asked the Third Circuit to reconsider its decision blocking Alina Habba from serving as acting U.S. attorney for New Jersey, saying the issue is "of exceptional importance."

  • January 14, 2026

    Vizient Beats Spurned Medical Tape Supplier At 5th Circ.

    A Fifth Circuit panel refused to revive an antitrust suit accusing medical supplies group purchasing giant Vizient of locking in hospital customers, agreeing with a district court that a spurned would-be supplier failed at the threshold question of showing a market in which Vizient could be dominant.

  • January 14, 2026

    Microsoft Calls For Arbitration In Edge Privacy Suit Appeal

    Microsoft told a Washington state appeals court panel Wednesday that a proposed class action claiming secret collection of Edge users' browser data belongs in arbitration, contending a lower state court judge wrongly advanced the litigation after a Washington federal judge sent parallel claims to arbitration.  

  • January 14, 2026

    Fla. Atty Witness In Charity Probe Picked For Appellate Seat

    Florida Gov. Ron DeSantis on Wednesday nominated John Guard, senior counselor to the attorney general of Florida, to an appellate court seat, after his nomination for a federal judgeship fizzled once he came under scrutiny in a criminal probe regarding a charity connected to the governor.

  • January 14, 2026

    Fla. Panel Rules Stadium Co. Must Face Fall Injury Suit

    A Florida state appeals court on Wednesday reversed a judgment granted in favor of an event services business after it was sued by a woman who alleged she sustained injuries from tripping over a battery case at a baseball stadium, ruling the company had a duty to maintain the premises in a safe condition. 

  • January 14, 2026

    SG Asks High Court To Reshuffle Sides In AT&T Fine Case

    U.S. Solicitor General D. John Sauer asked the U.S. Supreme Court Wednesday to realign the parties' designations in a combined case over the Federal Communications Commission's penalty powers after the justices recently granted review.

  • January 14, 2026

    Fed. Circ. Won't Revive Phone Security IP Suit Against Apple

    A California federal judge properly freed Apple from claims that its iPhones, iPads and Apple Watches infringe two cellular security patents, the Federal Circuit said Wednesday.

  • January 14, 2026

    Poultry Co. Reaches $5M Deal In Okla. Water Pollution Suit

    A poultry producer found to have polluted waters in Oklahoma reached a settlement with the state Wednesday, agreeing to pay $5 million for remediation and conservation projects, according to Attorney General Gentner Drummond.

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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