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Appellate
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January 07, 2026
11th Circ. Affirms YouTube Win Over DMCA Safe Harbor
The Eleventh Circuit on Wednesday affirmed a win for YouTube in a dispute with a movie producer, finding that the Digital Millennium Copyright Act does not require YouTube to police its site for infringing clips beyond responding to takedown notices.
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January 07, 2026
Home Depot 401(k) Fight Wraps Before High Court Gets A Say
The Home Depot and workers alleging mismanagement of their 401(k) plan told the nation's highest court Wednesday they wrapped up their legal battle, just a month after the U.S. solicitor general urged the justices to grant the workers' bid for review and rule for the retailer.
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January 07, 2026
Wash. Appeals Court Overturns Double-Voting Conviction
A split Washington state appeals court has overturned the conviction of a man found guilty of voting in two states, ruling that because they were different elections with separate issues and candidates, he did not violate a state voting law.
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January 07, 2026
Incora Minority Noteholders To Appeal 'Uptier' Loss
Minority noteholders that lost collateral rights in a 2022 financing deal at aircraft parts supplier Incora will appeal a decision by a Texas federal judge that had upheld the debt exchange, according to a notice filed Tuesday.
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January 07, 2026
3rd Circ. Says Visa Omission Of Kids Sinks Naturalization Bid
In a precedential opinion Wednesday, the Third Circuit ruled that a green card holder attempting to gain U.S. citizenship was properly denied naturalization for failing to list his two children on the original visa paperwork, an omission that made his permanent residence unlawful.
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January 07, 2026
Reckless Conduct Can Be Willful FBAR Failure, 2nd Circ. Says
The standard for willful failure to report foreign bank accounts includes reckless conduct, and a 6% late payment penalty is mandatory for a couple who neglected fines for stashing millions in an undisclosed Swiss account, the Second Circuit said Wednesday, upholding a lower court's judgment.
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January 07, 2026
FERC Defends Grid Planning Policy Revamp At 4th Circ.
The Federal Energy Regulatory Commission has told the Fourth Circuit that the overhaul of its regional transmission planning policy was needed to address a pervasive failure to efficiently build out the U.S. electric grid, and that allegations the agency acted unlawfully are meritless.
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January 07, 2026
NFL Takes Arbitration Fight In Flores Case To Supreme Court
The National Football League has asked the U.S. Supreme Court to decide whether its arbitration process, overseen by the commissioner, complies with federal law, appealing a Second Circuit ruling in favor of a coach suing the league for discrimination.
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January 07, 2026
Fed. Circ. Suggests Sepsis Test IP Needs Claim Construction
U.S. Circuit Judge Todd M. Hughes appeared largely persuaded Wednesday that a Delaware federal jury improperly engaged in post-trial claim construction when overriding Magnolia Medical Technologies Inc.'s $2 million infringement verdict, in an appeal that also had the Federal Circuit jurist thanking God that he doesn't try patent cases.
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January 07, 2026
NC Panel Backs GOP In Judicial Appointment Power Clash
A split panel in North Carolina's intermediate appeals court Wednesday sided with Republican lawmakers in an ongoing constitutional battle over the governor's appointment powers, finding the Legislature can restrict his ability to fill judicial vacancies in the state appellate courts.
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January 07, 2026
Objector To PACER Overcharge Settlement Faces Uphill Battle
An objector to a $125 million settlement to end class claims alleging the federal government overcharged nonprofits and other lawyers to access court documents faced a skeptical Federal Circuit panel Wednesday, with judges indicating they had not found legal errors in the district court's approval of the deal.
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January 07, 2026
Pittsburgh Paper To Close In Midst Of Legal Woes With Union
The Pittsburgh Post-Gazette announced plans to close after nearly 240 years, hours after the U.S. Supreme Court on Wednesday lifted Justice Samuel Alito's stay of a Third Circuit order making the company comply with a National Labor Relations Board order to restore its newsroom workers' healthcare plan.
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January 07, 2026
Delay Bars Coverage For $10M Abuse Verdict, 11th Circ. Says
A Nationwide insurer needn't cover a $10 million verdict awarded to a woman who was sexually exploited by her mother's boss when she was a child, the Eleventh Circuit held Wednesday, saying a nearly 5-year delay in notifying the insurer of the conduct was untimely.
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January 07, 2026
BNP Can't Undo $21M Verdict In Sudan Refugee Case
A Manhattan federal judge granted final judgment Wednesday against BNP Paribas for its alleged role bankrolling atrocities against plaintiffs who fled Sudan amid human rights abuses, declining to trim a $21 million bellwether verdict.
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January 07, 2026
Poultry Cos. Seek Stay Of Water Pollution Ruling For Appeal
Tyson Foods and other poultry operators found responsible for polluting Oklahoma waters with chicken waste argued that, without a stay in the court's judgment pending a Tenth Circuit appeal, companies not subject to its orders will have an economic advantage.
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January 07, 2026
Defense Bar Says 11th Circ.'s Arbery Ruling Risks Overreach
The National Association of Criminal Defense Lawyers urged the Eleventh Circuit on Tuesday to reconsider its support for the kidnapping convictions of Ahmaud Arbery's murderers, arguing its decision "extends without limit" the federalization of criminal charges based on the mere presence of an automobile.
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January 07, 2026
Fed. Circ. Faults Lower Court In Parking Patent Case
The Federal Circuit said a new trial is needed to determine if a parking lot management patent is invalid under a rule prohibiting patents for technologies that were used or were on sale for more than a year before a patent application is filed.
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January 07, 2026
Convicted Oil Trader Agrees To $1.7M Forfeiture For Bribes
A former Freepoint Commodities LLC and Arcadia Fuels Ltd. oil trader convicted of paying bribes to Brazilian officials has reached a $1.7 million forfeiture agreement with federal prosecutors, who initially asked the Connecticut court for $7.8 million.
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January 07, 2026
DOJ Nominee Says He'll Work Within Blue-Slip 'Parameters'
A nominee for a top U.S. Department of Justice position that handles judicial nominees appeared to give a nod to the Senate's blue-slip process, despite President Donald Trump's vocal opposition to the tradition.
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January 07, 2026
FDA Pushes Back On Vape Cos.' 5th Circ. Appeal
The U.S. Food and Drug Administration is urging the Fifth Circuit to reject a group of appeals from e-cigarette manufacturers seeking to overturn the marketing denial of their flavored vapes, saying the agency did not abuse its discretion in rejecting the companies' products.
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January 07, 2026
4th Circ. Won't Revive Fired United Flight Attendant's Bias Suit
The Fourth Circuit backed the dismissal of a Black ex-flight attendant's retaliation suit claiming United Airlines fired her for complaining that her boss teed her up for termination over her race and age, saying she failed to show a link between her complaints and her firing.
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January 06, 2026
11th Circ. Backs FTC Win In False Ad Suit Against Corpay
The Eleventh Circuit on Tuesday affirmed the U.S. Federal Trade Commission's win in its lawsuit against Corpay Inc., saying in a published opinion that "overwhelming" evidence backed a lower court's finding that the company engaged in deceptive advertising and unfair billing practices when marketing and selling fuel cards.
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January 06, 2026
Ciminelli Walks As 10-Year Buffalo Billion Fraud Case Ends
The long and contentious corruption case against New York developer Louis Ciminelli and others that led to a landmark U.S. Supreme Court ruling on fraud came to a close Tuesday, after he pled guilty and was sentenced to no time in prison.
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January 06, 2026
8th Circ. Revives Jail Suicide Suit Against Mental Health Org.
An Eighth Circuit panel unanimously revived a lawsuit Tuesday by the family of an Iowa jail inmate who died by suicide, holding that a jury could find that a mental health provider's alleged incomplete report to jail staff put the inmate at greater risk.
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January 06, 2026
Judiciary Advisers Predict Clashes Over AI, Remote Testimony
The federal judiciary's policy advisers appeared divided Tuesday over efforts to align procedural rules with digital age technology and preferences, and they predicted a torrent of impassioned input if they open up their delicate internal debates to the entire public.
Expert Analysis
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4 California Insurance Law Decisions To Know From 2025
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.
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The Major Securities Litigation Rulings And Trends Of 2025
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.
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A 6th Circ. Snapshot: 3 Cases That Defined 2025
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.
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How Fractional GCs Can Manage Risks Of Engagement
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.
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Health, Legal Employers Face Unique Online Speech Hurdles
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.
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Opinion
Justices Should Clarify Loper Bright Doctrine Via Patent Case
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.
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3 Notable Developments In Ch. 15 Bankruptcy This Year
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.
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Reviewing 2025's Most Pertinent Wiretap Developments
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.
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Series
Nature Photography Makes Me A Better Lawyer
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.
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Series
Law School's Missed Lessons: Practical Problem Solving
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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Software Patents May Face New Eligibility Scrutiny
November guidance from the U.S. Patent and Trademark Office, along with recent litigation trends from the Federal Circuit, may encourage new challenges in the USPTO and district courts to artificial intelligence and software patents that rely on generic computing functions without concrete details, say attorneys at Venable.
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Contract Disputes Recap: Delay, Plain Text, Sovereign Acts
Three recent decisions addressing familiar pressure points show that even well-worn doctrines evolve, and both contractors and the government should reexamine their assumptions, says Zachary Jacobson at Seyfarth.
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Opinion
A Uniform Federal Rule Would Curb Gen AI Missteps In Court
To address the patchwork of courts’ standing orders on generative artificial intelligence, curbing abuses and relieving the burden on judges, the federal judiciary should consider amending its civil procedure rules to require litigants to certify they’ve reviewed legal filings for accuracy, say attorneys at Shook Hardy.
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9th Circ. Ruling Clarifies Auditor Liability For IPO Errors
The Ninth Circuit's recent decision in Hunt v. PricewaterhouseCoopers elucidates the legal standard for claims against auditors in connection with a company's initial public offering, confirming that audit opinions are subjective and becoming the first circuit to review this precise question since the U.S. Supreme Court's 2015 Omnicare ruling, say attorneys at Morgan Lewis.
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10th Circ. Dissent May Light Path For Master Account Access
While the Tenth Circuit's majority in Custodia Bank v. Federal Reserve Board recently affirmed Federal Reserve banks' control over master account access, the dissent raised constitutional questions that could support banks seeking master accounts in future litigation, say attorneys at Paul Hastings.