Appellate

  • January 12, 2026

    BREAKING: High Court Won't Hear Michigan Tribe's Fishing Pact Dispute

    The U.S. Supreme Court won't overturn a Sixth Circuit decision to uphold a 2023 decree governing fishery management in the Great Lakes after a Michigan tribe argued that the agreement was negotiated over its objections and that it will micromanage the waters for the next quarter-century.

  • January 12, 2026

    Justices Won't Weigh Collective Cert. Process In Eli Lilly Case

    The U.S. Supreme Court declined on Monday to review whether courts should stick with a long-standing two-step analysis for certifying collective actions in an age discrimination case against Eli Lilly and Co. that could have affected wage and hour litigation.

  • January 09, 2026

    Up Next At High Court: Pollution Lawsuits & Trans Athletes

    The U.S. Supreme Court will kick off the new year by hearing disputes over the constitutionality of state laws banning transgender female athletes from female-only sports and whether state or federal courts are the proper forum for lawsuits seeking to hold major oil companies accountable for harm caused by their oil production activities along Louisiana's coast. 

  • January 09, 2026

    Fed. Circ. Doubts Trade Secret Was Properly Spelled Out

    The Federal Circuit spent part of its Friday morning mulling whether it is the court's job to, in the words of the judge who killed the trade secrets claims brought by a MasterCard unit against two McKinsey consultants, "do APT's job for it by mining its trade secrets from the raw materials."

  • January 09, 2026

    Cuban Co. Urges Justices To Affirm Property Seizure Ruling

    A Cuban state-owned entity is pressing the U.S. Supreme Court to find that a federal law allowing U.S. victims of property seizures by the Cuban government to seek damages does not automatically abrogate the sovereign immunity of state-owned agencies and instrumentalities targeted in such cases.

  • January 09, 2026

    $500K Revelation Doesn't Nix Surgeon's Win In Eye Injury Row

    A California appeals court won't order a retrial in a suit alleging a surgery center blinded a patient in one eye during spinal surgery, saying she failed to properly object to a closing argument that implied that a co-defendant's settlement was the source of $500,000 she had received.

  • January 09, 2026

    Netflix Wins Atty Fees In 'Orgasm Inc.' Defamation Case

    A California state appellate court affirmed an award of attorney fees to Netflix Inc. after the streaming giant's anti-SLAPP victory in a defamation case over its documentary "Orgasm Inc.: The Story of OneTaste," saying the trial court had the authority to award fees despite the case being under appeal.

  • January 09, 2026

    Calif. Climate Laws Violate Free Speech Rights, 9th Circ. Told

    A coalition of business groups urged a Ninth Circuit panel Friday to preliminarily block new California laws requiring large companies to disclose financial risks tied to climate change, arguing the laws are unprecedented and violate the First Amendment, in part by being "completely untethered" to any product or transaction.

  • January 09, 2026

    Pegasystems Opt-Out Investors Get Green Light For IP Claims

    A majority of claims brought by Pegasystems Inc. investors who opted out of a $35 million securities class action settlement will proceed after a Massachusetts federal judge found that a Virginia Court of Appeals ruling reversing a trial court's $2 billion intellectual property judgment against Pega doesn't change the viability of the current suit's claims.

  • January 09, 2026

    High Court Grants Review Of Falun Gong Cisco Spying Case

    The U.S. Supreme Court said Friday it will determine whether the Ninth Circuit was right to reinstate a suit brought under the Alien Tort Statute suit alleging that Cisco aided the Chinese government's allegedly unlawful crackdown on the Falun Gong religious movement.

  • January 09, 2026

    Justices To Consider DHS Authority Over Green Card Entries

    The U.S. Supreme Court on Friday agreed to review whether the U.S. Department of Homeland Security can treat a lawful permanent resident returning from a trip abroad as an applicant for admission based solely on pending criminal charges.

  • January 09, 2026

    Fed. Circ. Wary Of Reviving $200M Google Case Axed Midtrial

    A Federal Circuit panel on Friday appeared skeptical of efforts by Brazos Licensing & Development to overturn a directed verdict decision by U.S. District Judge Alan Albright that cleared Google of infringing a Brazos location tracking patent during a more than $200 million trial.

  • January 09, 2026

    Gov't Can't Use NYT Article As Evidence In Goldstein Trial

    A Maryland federal judge on Friday barred prosecutors from pre-admitting Thomas Goldstein's statements in a New York Times article as evidence in the SCOTUSblog co-founder's tax fraud trial, but she left open the possibility for the government to call either Jeffrey Toobin, the article's author, or a Times fact-checker, as a witness.

  • January 09, 2026

    NYSE Affiliates Back Calls To Block New Options Exchange

    Two New York Stock Exchange affiliates have entered the fray over a new options exchange that it says could be given an "an unearned competitive advantage" if allowed to go live this year, urging the Eleventh Circuit to vacate the U.S. Securities and Exchange Commission order that green-lit the exchange.

  • January 09, 2026

    Alabama Steps Away From Appeal In ACF Water Dispute

    Alabama on Thursday dropped its appeal at the Eleventh Circuit in a fight over water management of the Apalachicola watershed after the U.S. Army Corps of Engineers agreed to changes proposed by Alabama and Georgia to end the decadeslong water feud.

  • January 09, 2026

    Is 9th Circ.'s Copyright Test Doomed After Kat Von D Verdict?

    Celebrity tattoo artist Kat Von D's realistic tattoo of a famous Miles Davis photo on a friend's arm — and the jury ruling that it did not violate copyright law — could imperil a decades-old Ninth Circuit doctrine for assessing similarity between works, with potential review by a full panel of judges on the horizon.

  • January 09, 2026

    DOL Praises Resolution Of Home Depot 401(k) Battle

    The U.S. Department of Labor on Friday lauded the withdrawal of a petition for high court review from Home Depot employees who alleged their 401(k) plan was mismanaged, saying the end of the case shows the department's commitment to getting rid of "regulation by litigation."

  • January 09, 2026

    7th Circ. Upholds Ex-Atty's Conviction In Burke Bribery Case

    The Seventh Circuit on Friday kept in place the conviction and 32-month prison sentence of a Chicago real estate developer and former attorney for offering legal work to ex-Alderman Edward Burke as a bribe for help with a zoning permit, finding the government presented sufficient evidence to support a guilty verdict and arguments to the contrary were "unavailing."

  • January 09, 2026

    Pa. Justices Urged To Apply Jarkesy To State Proceedings

    A Pennsylvania financial professional has asked the state's Supreme Court to consider, in a matter of first impression, whether the state Constitution guarantees a right to a jury trial in securities fraud enforcement actions brought by the state regulator, arguing that the U.S. Supreme Court's Jarkesy ruling should be incorporated against states.

  • January 09, 2026

    Worker's Poor Performance Dooms Bias Suit, 4th Circ. Says

    The Fourth Circuit declined to revive a Black USPS worker's retaliation suit claiming her white boss crafted a paper trail to oust her after she filed a race bias complaint against him, ruling Friday that she couldn't overcome evidence that her repeated performance issues got her temporarily fired, not bias.

  • January 09, 2026

    Fed. Circ. Won't Rehear Nev. Tribe's $208M Water Rights Suit

    The Federal Circuit has declined a Nevada tribe's petition for an en banc or panel rehearing on a decision to dismiss $208 million breach of trust allegations against the Bureau of Indian Affairs over water rights.

  • January 09, 2026

    9th Circ. Revives Suit Over Milliman's 'Fuzzy Matching' Tactic

    The Ninth Circuit on Friday reversed a decision tossing one of two classes in litigation accusing consulting firm Milliman of peddling inaccurate information by using a strategy known as "fuzzy" data matching to compile its reports, saying the lower court applied a too-high standard at the summary judgment stage for showing class members were harmed.

  • January 09, 2026

    10th Circ. Says Judge Didn't Cross A Line In Plea Deal Dispute

    A federal judge who told a man that a plea deal for distributing methamphetamine could be rescinded if he did not agree to it did not act inappropriately, a unanimous Tenth Circuit panel ruled Friday, finding the lower court had not interfered with negotiations by providing factual information.

  • January 09, 2026

    USPTO Pushes Back At Tesla PTAB Policy Fight At Fed. Circ.

    The U.S. Patent and Trademark Office and the owner of three patents for self-driving vehicles urged the Federal Circuit on Friday to ignore Tesla's argument that the USPTO can't use the time before trial in patent litigation to deny patent reviews before the Patent Trial and Appeal Board.

  • January 09, 2026

    4th Circ. Frees Man Convicted For Speech After 9/11

    A lecturer and scholar of Islam convicted of inducing others to levy war against the U.S. after Sept. 11, 2001, was freed from serving his remaining sentence Friday, when a unanimous Fourth Circuit panel ruled that his speech was protected under the First Amendment.

Expert Analysis

  • 5 Tariff And Trade Developments To Watch In 2026

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    A new trade landscape emerged in 2025, the contours of which will be further defined by developments that will merit close attention this year, including a key ruling from the U.S. Supreme Court and a review of the U.S.-Mexico-Canada Agreement, says Ted Posner at Baker Botts.

  • 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.

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