Appellate

  • January 07, 2026

    10th Circ. Halts Kan. Bank's $20M FDIC Appeal For Settlement

    The Tenth Circuit will hold off on hearing a small Kansas bank's push to challenge a $20 million anti-money laundering enforcement proceeding from the Federal Deposit Insurance Corp. after the two sides said Wednesday that they have reached a settlement.

  • January 07, 2026

    Trader Asks Wary Colo. Appeals Court To Award $10M Penalty

    A Colorado appellate panel pushed back Wednesday on an ex-trading director's bid for a $10 million statutory penalty against his former employer following a $6.8 million judgment against the natural gas marketing company for failing to pay him a bonus on lucrative trades made during a 2021 winter storm.

  • January 07, 2026

    Fed. Circ. Notes Ambiguity In VA Data Migration Procurement

    A Federal Circuit judge on Wednesday acknowledged that a U.S. Department of Veterans Affairs solicitation for data migration services was confusing, but challenged a protester's attorney to answer why his client never asked for clarification during the procurement.

  • January 07, 2026

    NJ Panel Says Erlinger Only Applies To Direct Appeal Cases

    A New Jersey state appeals court on Wednesday held that new rules from the U.S. Supreme Court over how a criminal defendant's prior convictions are used when calculating sentences cannot be applied retroactively if the defendant has previously appealed their sentence.

  • January 07, 2026

    Fla. Panel Says Tenants Can't Delay Condo Partition After Fire

    A Florida state appellate court on Wednesday upheld an order denying a class affected by a Miami condominium fire from intervening in a receiver's action to partition and sell units to distribute proceeds to the owners, ruling that tenants have no ownership interests in the properties.

  • January 07, 2026

    VW Joins The Fed. Circ. Fray Over Patent Review Discretion

    Volkswagen is the latest company to contest policy changes at the U.S. Patent and Trademark Office that make it harder to pursue patent challenges, telling the Federal Circuit that the agency's "unfettered discretion" to deny such challenges violates the U.S. Constitution.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

Expert Analysis

  • Higher Expectations For 'Schedule A' IP Suits On The Horizon

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    Two 2025 rulings may reflect a growing judicial discomfort with the current state of Schedule A litigation — intellectual property lawsuits that typically involve brand owners suing multiple defendants doing business on e-commerce platforms — and that evidentiary submissions and temporary restraining order requests may face more rigorous review, says Dylan Scher at Quinn Emanuel.

  • Series

    Law School's Missed Lessons: Intentional Career-Building

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    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.

  • Key Trends In PFAS Regulation And Litigation For 2026

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    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.

  • 2nd Circ. Ruling Shows Procedural Perils Of Civil Forfeiture

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    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.

  • Justices' Separation-Of-Powers Revamp May Hit States Next

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    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.

  • 3 Securities Litigation Trends To Watch In 2026

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    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.

  • 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.

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