Appellate

  • January 05, 2026

    1st Circ. Upholds Block On Trump Admin NIH Funding Cuts

    The First Circuit on Monday affirmed a Massachusetts federal judge's order permanently blocking the Trump administration from gutting National Institutes of Health funding for biomedical research, agreeing that the government didn't have the authority to cap indirect costs for research grants.

  • January 05, 2026

    Tile Tells 9th Circ. To Send Stalking Victims' Suit To Arbitration

    Tile Inc. urged the Ninth Circuit on Monday to send to arbitration a putative class action alleging Tile's Bluetooth tracking devices negligently empower stalkers, arguing during a hearing that Tile's mass email notifying users of its arbitration provision constitutes sufficient notice, even if those emails were delivered to spam inboxes.

  • January 05, 2026

    11th Circ. Rejects Asylum Despite Guerrilla Group Threats

    The Eleventh Circuit on Monday refused to upend a decision denying asylum for a Colombian mother and son who were attacked and repeatedly threatened by a violent guerrilla group, ruling that the mother hasn't shown that the Colombian government permitted the group's actions.

  • January 05, 2026

    DC Circ. Says It Won't Rethink Emergency Air Rule Decision

    The full D.C. Circuit will not reconsider a panel's decision restoring air pollution-emitting facilities' right to defend themselves against violations of the Clean Air Act by blaming emergency circumstances.

  • January 05, 2026

    3rd Circ. Won't Reconsider Burford German Arbitration Fight

    The Third Circuit has denied litigation funder Burford Capital's request that the appeals court revisit its decision dismissing on jurisdictional grounds the funder's bid to arbitrate a dispute relating to German antitrust litigation.

  • January 05, 2026

    2nd Circ. Rejects Terrorist Group Supporter's Early Release Bid

    The Second Circuit on Monday declined to grant the early release of a man who pled guilty to providing support to the Islamic State terrorist organization, finding that the trial court adequately explained its reasoning for imposing the 11-year prison sentence.

  • January 05, 2026

    Town Must Reveal Atty Behind Email 'Threat,' NJ Justices Told

    A New Jersey attorney told New Jersey Supreme Court justices on Monday that when a public official discloses the substance of an email providing collegial legal advice in open court, the identity of the sender must also be disclosed under state's public records laws.

  • January 05, 2026

    NJ Appeals Panel Lets Shuttle Driver Add Parties In Injury Suit

    A New Jersey appeals panel will let a shuttle driver add newly identified companies to his injury suit against the Port Authority of New York and New Jersey, saying he diligently tried to identify the parties and the Port Authority has admitted it won't be prejudiced by their addition.

  • January 05, 2026

    Federal Court Wrong Place For Judges' Suit, Justices Told

    Federal immigration officials have asked the U.S. Supreme Court to reverse an appellate decision that allowed immigration judges to hash out their spat over a newly created speech policy in district court instead of within the congressionally designated special review system.

  • January 05, 2026

    ​'Truly Extreme': 9th Circ. Judges Decry Trump Layoffs Ruling

    The Ninth Circuit on Monday refused to revisit a three-judge panel's decision rejecting the Trump administration's challenge of a lower court's ruling requiring production of its plans for large-scale layoffs and reorganizations at various federal agencies, a decision that was met with fiery dissent from several of the court's Republican-appointed judges.

  • January 05, 2026

    Fla. AG Says Pot Legalization Proposal 'Misleads Voters'

    Florida Attorney General James Uthmeier is opposing a new effort to legalize recreational marijuana through a ballot initiative, telling the state's high court that the proposal is invalid because it "misleads voters." 

  • January 05, 2026

    Fed. Circ. Seems Unlikely To Back Big Tech's Fintiv Challenge

    Four of the world's largest technology companies struggled to convince a Federal Circuit panel on Monday that the U.S. Patent and Trademark Office's Fintiv precedent is illegal, with judges stressing the broad discretion given to the agency's leader, as well as a potential policy change that could render the discussion moot.

  • January 05, 2026

    Fed. Circ. Examines Timing Of $452M Trade Secrets Suit

    A Federal Circuit panel delved into the statute of limitations for trade secrets cases Monday, pressing an attorney for a South Korean company seeking to reverse a verdict that prompted a $452 million jury award to explain why the clock should start when a plaintiff suspects misappropriation rather than when it is actually discovered.

  • January 05, 2026

    Quinn Emanuel Contempt In $600M Row Probed By Fed. Circ.

    A contempt finding against Quinn Emanuel Urquhart & Sullivan LLP that contributed to a more than $600 million patent judgment against the firm's former client NortonLifeLock was scrutinized by a Federal Circuit panel on Monday, with one judge saying the order appeared to be invalid.

  • January 05, 2026

    Express Scripts Wants FTC Atty Views On Insulin Prices

    Express Scripts is seeking to force an attorney from the Federal Trade Commission to sit for a deposition in the agency's case accusing pharmacy benefit managers of inflating insulin prices, saying the commission's own attorneys acknowledge that manufacturers cause higher prices.

  • January 05, 2026

    9th Circ. Creates Split On Dormant Commerce And Cannabis

    The Ninth Circuit's decision Friday finding that a constitutional doctrine barring states from enacting protectionist policies does not apply to federally illegal retail marijuana sets up an apparent circuit split and may bring the matter closer to U.S. Supreme Court review.

  • January 05, 2026

    Calif. Panel OKs $5M For School Sex Assault, Orders Retrial

    A California appeals court has mostly affirmed a jury's $5 million verdict finding the Coronado Unified School District liable for the sexual assault of a student by a basketball coach, but said a new trial is necessary to determine whether to apportion fault to the student's parents.

  • January 05, 2026

    House To Review Trump's Veto On Tribal Everglades Bill

    Members of the U.S. House of Representatives have agreed to consider Thursday objections to President Donald Trump's veto of bipartisan legislation that would save a Florida tribe's camp within Everglades National Park from flooding.

  • January 05, 2026

    Dish Wins $32M Lease Dispute In Colo. Appeals Court

    A Colorado appellate panel has unanimously affirmed a jury verdict in favor of Dish Wireless LLC after the court determined the master lease agreement governing a $32 million lease dispute between Dish and several telecommunications infrastructure companies was ambiguous.

  • January 05, 2026

    Ex-Kellogg Worker Takes Tossed ERISA Suit To 6th Circ.

    A former Kellogg Co. employee has given notice that he plans to appeal to the Sixth Circuit Court of Appeals after a federal judge in Michigan tossed his potential class action alleging the food manufacturer lost millions in employee contributions due to excessive 401(k) bookkeeping fees.

  • January 05, 2026

    Mass. High Court Allows Delayed Cell Data In Murder Case

    Massachusetts' highest court on Monday upheld the murder conviction of a man who allegedly drove a getaway vehicle during a 2018 Fourth of July drive-by shooting, finding that cellphone data recovered from a warrantless search of his phone could be admitted into evidence.

  • January 05, 2026

    Fla. Insurance Broker Gets New Trial For $1M Damages Verdict

    A Florida state appeals court reversed a nearly $1 million jury award against an insurance broker over coverage for two businesses following Hurricane Matthew in 2016, granting a new trial after a jury found the company liable for breach of fiduciary duty and negligent misrepresentation. 

  • January 05, 2026

    NJ Panel Tosses Bid To Gut DEP Environmental Justice Rules

    A New Jersey appellate panel on Monday affirmed the state's sweeping environmental justice rules, rejecting consolidated challenges from industry and labor groups that argued the Department of Environmental Protection overstepped its statutory authority, relied on vague and overbroad definitions, and imposed arbitrary permitting burdens on facilities in heavily polluted communities.

  • January 05, 2026

    DC Circ. Chosen For Challenges To FCC's Prison Rate Caps

    A judicial panel has randomly selected the D.C. Circuit as the venue for multiple challenges to the Federal Communications Commission's latest rate structure for prison phone calls.

  • January 05, 2026

    3rd Circ. Won't Rethink Tax On Interest In $191M Pharma Deal

    The Third Circuit declined to reconsider its decision that a pharmaceutical company's $191 million payment settling a family feud was for the sale of a family trust's ownership shares and included interest that should be taxed as ordinary income.

Expert Analysis

  • 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.

  • 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.

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