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Appellate
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January 12, 2026
The Issues That Could Decide The Tom Goldstein Tax Case
Federal prosecutors are set to begin making their case against famed U.S. Supreme Court lawyer and SCOTUSblog founder Tom Goldstein at trial Wednesday, alleging that he deliberately hid millions of dollars in high-stakes poker winnings from the Internal Revenue Service between 2016 and 2021 and lied on mortgage applications.
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January 12, 2026
Nielsen Gets 4-Day Pause On National-Local Data Tying Block
Nielsen has just four days to seek Second Circuit intervention before an order goes into effect blocking it from conditioning full access to its nationwide radio data on also buying local data, after a New York federal judge refused Monday to pause that mandate beyond a brief administrative stay.
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January 12, 2026
Fla. Court Orders Repairs Of Partially Demolished Condo
A Florida state court judge on Monday ordered a developer to repair a waterfront condominium it had begun to strip, after it jumped the gun while embroiled in litigation with eight holdout condominium owners.
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January 12, 2026
5th Circ. Urged Again To Find FCC Subsidy Regime Unlawful
A conservative think-tank has again launched a Fifth Circuit legal challenge to the federal government's fee regime used to pay for telecommunications subsidies, less than a year after the U.S. Supreme Court upheld the funding arrangement's constitutionality.
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January 12, 2026
Texas Court Says Medical Expert Wrongly Excluded At Trial
A Texas appellate court has reversed a defense verdict and ordered a new trial in a suit accusing three doctors of negligent post-operative treatment for a gallbladder patient that caused sepsis and ultimately death, saying the trial court wrongly excluded the testimony of the plaintiff's sole expert witness.
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January 12, 2026
Justices Won't Review Exonerees' Mass. Forfeiture Case
The U.S. Supreme Court on Monday declined to consider reviving a lawsuit that sought to return money and property seized through forfeiture to thousands of Massachusetts residents whose drug convictions were thrown out because of falsified chemical tests.
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January 12, 2026
Trade Court OKs Commerce's Chinese Solar Duty Calculation
The U.S. Court of International Trade sustained the government's revisions to underlying calculations for its antidumping duty administrative review of Chinese solar cells, according to a recent opinion.
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January 12, 2026
10th Circ. Vacates Sex Rap Over Native American Status
A New Mexico man sentenced to 30 years in prison for sexually abusing an American Indian girl had his conviction vacated Monday by a Tenth Circuit panel that determined prosecutors failed to prove the man was not himself Native American, a key element under the statute invoked in his case.
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January 12, 2026
7th Circ. Won't Rehear Psychiatrists' Antitrust Suit Revival Bid
The Seventh Circuit is standing firm on a panel majority's refusal to revive an antitrust suit challenging the American Board of Psychiatry and Neurology's certification maintenance requirement, having refused to rehear appellate arguments over a lower court decision tossing the case.
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January 12, 2026
Justices Won't Review 6th Circ. Standard For 'Mixed Actions'
The U.S. Supreme Court on Monday refused to review the Sixth Circuit's decision in a coverage dispute over underlying PFAS litigation that outlined the circuit's approach to jurisdiction for mixed actions, or lawsuits that seek both coercive relief, like damages, and noncoercive relief, like a court declaration.
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January 12, 2026
Feds To Drop Appeal in 340B Rebate Pilot Challenge
The U.S. Department of Health and Human Services on Monday suggested it will end its appeal of a First Circuit order temporarily blocking it from instituting a rebate program that would change how the agency distributes payments in the federal 340B drug discount program that provides medications at reduced costs to low-income Americans.
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January 12, 2026
High Court Declines To Hear Michigan Tax Foreclosure Case
The U.S. Supreme Court declined Monday to hear a property owner's case alleging that a Michigan county improperly kept the excess proceeds of her tax-foreclosed home sale.
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January 12, 2026
Prison Phone Co. Appealing New Rate Rule In DC Circ.
A Texas-based prison phone provider is challenging the Federal Communications Commission's order regulating prison call rates and prohibiting "site commissions" paid by phone providers to facilities.
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January 12, 2026
10th Circ. Says Courts Can Review Refugee Terminations
The Tenth Circuit ruled Monday that courts can review whether asylum seekers met the legal definition of "refugee" when they were admitted to the U.S., reviving a Rwandan woman's challenge to the termination of her refugee status.
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January 12, 2026
ERISA Recovery Suit Against UnitedHealth Proceeds With Trims
A UnitedHealth plan participant who was injured in a car crash may pursue claims under the Employee Retirement Income Security Act's civil enforcement provision, an Ohio federal court ruled Friday, while also allowing his wife, who was involved in a separate accident, to proceed with certain state-law claims.
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January 12, 2026
Justices Wary Of Broader Removal In Coastal Pollution Suits
U.S. Supreme Court justices on Monday questioned a bid by ExxonMobil and Chevron to move Louisiana pollution lawsuits to federal court, appearing hesitant to embrace the companies' argument that their World War II-era oil production clearly was federal in nature.
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January 12, 2026
High Court Won't Review Calif. Law Shielding Workers' Info
The U.S. Supreme Court refused Monday to take up an anti-union think tank’s challenge to a California law that limits the disclosure of information about new public employees.
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January 12, 2026
Split 11th Circ. Rules Petition Doesn't Apply To 'Cop City' Law
A split Eleventh Circuit has vacated a lower court injunction halting Atlanta's requirement that only city residents can collect signatures seeking to repeal ordinances, ruling that the referendum petition process can't be used to do away with a local law authorizing a lease for a police training facility dubbed "Cop City."
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January 12, 2026
Justices Won't Look At Michigan's Foreclosure Sale Rule
The U.S. Supreme Court declined Monday to review three cases that ask whether Michigan's process to claim surplus proceeds after a tax foreclosure sale violates the takings and due process clauses.
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January 12, 2026
DOL Tells 4th Circ. Lockheed Pensioner Class Lacks Standing
The U.S. Department of Labor urged the Fourth Circuit to shut down a proposed class action from Lockheed Martin Corp. pension plan participants challenging the company's $9 billion pension risk transfer, arguing a Maryland federal court erred in holding that retirees had established standing.
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January 12, 2026
Compromise Funding Bill Gives Judiciary $9.7B
Congressional appropriators have unveiled a bipartisan compromise funding bill for the federal judiciary for fiscal 2026, which includes the judiciary's requested funding for court security and federal public defenders.
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January 12, 2026
High Court Won't Hear Challenge To NLRB Toss Of Complaint
The Supreme Court on Monday declined a food distributor's bid for review of a decision tossing a challenge to a National Labor Relations Board ruling that backed the withdrawal of a complaint of unfair labor practices against two Teamsters locals.
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January 12, 2026
Fed. Circ. Affirms Cellphone Misuse Firing Of Navy Engineer
The Federal Circuit on Monday affirmed a Merit System Protection Board decision that upheld the Navy's firing of a chief engineer for improper use of his government-issued cellphone, finding the termination was based on substantial evidence.
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January 12, 2026
Justices Won't Review Citizenship Bid During Removal
The U.S. Supreme Court on Monday declined to review a split Sixth Circuit decision holding that district courts can't decide naturalization applications while immigrants are simultaneously in active removal proceedings.
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January 12, 2026
Killer Pa. Brothers Win Resentencing Due To Judge's Role
Two brothers sentenced to 60 years to life in prison for murdering their parents as juveniles should be resentenced, the Pennsylvania Superior Court said, finding that the judge determining punishment for the 1995 crimes should have recused himself because he prosecuted their co-defendant.
Expert Analysis
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Series
Law School's Missed Lessons: Intentional Career-Building
A successful legal career is built through intention: understanding expectations, assessing strengths honestly and proactively seeking opportunities to grow and cultivating relationships that support your development, say Erika Drous and Hillary Mann at Morrison Foerster.
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Key Trends In PFAS Regulation And Litigation For 2026
As 2026 begins, the legal and regulatory outlook for per- and polyfluoroalkyl substances is defined less by sweeping federal initiatives and more by incremental adjustments, judicial guardrails and state-driven regulations — an environment in which proactive risk management and close monitoring of policy developments will be essential, say attorneys at MG+M.
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2nd Circ. Ruling Shows Procedural Perils Of Civil Forfeiture
The Second Circuit’s recent U.S. v. Ross decision, partially denying the return of an attorney's seized funds based on rigid standing requirements, underscores the unforgiving technical complexities of civil asset forfeiture law, and provides several lessons for practitioners, says Elisha Kobre at Sheppard Mullin.
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Justices' Separation-Of-Powers Revamp May Hit States Next
The U.S. Supreme Court's 2024 decision in U.S. Securities and Exchange Commission v. Jarkesy quietly laid the groundwork for an expansion of the court's separation-of-powers agenda beyond the federal level, but regulated parties and state and local governments alike can act now to anticipate Jarkesy's eventual wider application, say attorneys at Troutman.
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3 Securities Litigation Trends To Watch In 2026
Pending federal appellate cases suggest that 2026 will be a significant year for securities litigation, with long-standing debates about class certification, new questions about the risks and value of artificial intelligence features, and private plaintiffs' growing role in cryptocurrency enforcement likely to be major themes, say attorneys at Willkie.
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5 Tariff And Trade Developments To Watch In 2026
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.
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Funding Haze And Deregulatory Pursuits: The CFPB In 2026
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.
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4 Developments That Defined The 2025 Ethics Landscape
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.
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5 Trade Secret Developments To Follow In 2026
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.
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Top 10 Employer Resolutions For 2026
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.
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Navigating AI In The Legal Industry
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.
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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.