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DC Circ. Cases To Watch In January
The D.C. Circuit will start the New Year hearing several noteworthy cases, including a challenge to the Trump administration's transgender troop ban and a fight over whether two common "forever" chemicals qualify as hazardous materials under the Superfund law.
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January 08, 2026
Mich. Man Can Seek New Trial In Murder Case, Panel Says
A Michigan state appellate court has ruled that a lower court erred in rejecting eyewitness statements that a man convicted of murder 25 years ago sought to introduce in his case, finding the evidence was newly discovered and merits review.
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January 08, 2026
Fed. Circ. Backs Trade Court's Rejection Of Cheaper Duty Bid
A Federal Circuit panel on Thursday affirmed a U.S. Court of International Trade judge's determination that a Christmas ornament seller imported its Chinese-made goods to Canada with the intention of selling them in the U.S. and therefore isn't entitled to a cheaper duty rate.
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January 08, 2026
Chancery Lifts Stay In Ukraine's PrivatBank Bogus Loan Suit
Saying that "it is now clear this case must proceed at some point," a Delaware vice chancellor on Thursday lifted a four-year-long hold on a Ukrainian bank's six-year-old suit accusing two oligarchs and others of lining up billions in fraudulent loans that that funneled — or "recycled" — hundreds of millions into real estate investments in the United States.
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January 08, 2026
Yankees Slugger Wins TM Battle Over 'Judge' Slogans
The Federal Circuit has blocked a Long Island man from registering trademarks for judicial-themed slogans that had already been used by New York Yankees star Aaron Judge, upholding a Trademark Trial and Appeal Board decision in the slugger's favor.
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January 08, 2026
Pa. Board Can't Review Court Firing Over 'FAFO' Freebies
The Pennsylvania Labor Relations Board lacks jurisdiction to review an Adams County probation officer's firing over passing out stress balls with the irreverent acronym "FAFO" on them, since it did not fit a narrow union-related exemption to the courts' broad authority over their employees, a state appellate court said Thursday.
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January 08, 2026
Fed. Circ. Affirms Intel, Dell Wins Over Graphics Patents
The Federal Circuit on Thursday backed a series of Patent Trial and Appeal Board decisions that claims in a pair of 3D Surfaces LLC's 3D graphics processing patents were obvious, handing wins to challengers Dell and Intel.
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January 08, 2026
PLLCs Ineligible To Serve As Trustees, NC Panel Rules
A North Carolina state appeals court panel ruled Wednesday that a law firm organized as a professional limited liability company cannot serve as trustee of a trust or executor of a will without being explicitly authorized to do so under state law.
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January 08, 2026
Ga. Panel Orders New Fee Calculation Against Attorney
The Georgia Court of Appeals said a trial court shouldn't have imposed a $50,500 lump sum legal fee award against an attorney who brought a frivolous suit on behalf of his clients, sending the case back for the lower court to do the appropriate award calculations.
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January 08, 2026
9th Circ. Revives Investor Suit Over Webinar Co.'s IPO
A unanimous Ninth Circuit panel revived a proposed investor class action over webinar-software company ON24's initial public offering, finding that claims the company misled investors by warning about risks that were already occurring could proceed.
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January 08, 2026
Vicor's Patent Defense Faces Skepticism In SynQor Case
Electronics company Vicor's claims that it couldn't have shown "willful blindness" of SynQor's power converter technology patent that a jury said it infringed met with some skepticism from a panel of Federal Circuit judges, who pointed out that Vicor's CEO himself said that he didn't look at the patent.
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January 08, 2026
Cracker Barrel Servers Tell Justices To Avoid Cert. Row
Cracker Barrel servers urged the U.S. Supreme Court not to take up the restaurant's chain's bid to review evidentiary standards used to authorize collective action notices, arguing that no circuit split exists because the Ninth Circuit ruled on the permissibility of a two-step certification process and not required showings for notice authorization.
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January 08, 2026
NJ Panel Backs Atty's Defamation Suit Against GOP
A New Jersey appellate panel refused Thursday to short‑circuit a Garden State municipal attorney's defamation suit against a slate of Republican candidates and their campaign committee, holding that the state's new anti‑SLAPP statute does not entitle the defendants to early dismissal or fees because key factual disputes require discovery.
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January 08, 2026
Mass. Justices Affirm Murder Verdict But Order Shot At Parole
Massachusetts' highest court said Thursday that a man convicted of murdering his girlfriend could not get a new trial on the basis that he was diagnosed with schizophrenia several years after the killing, but was entitled to a chance at parole because he was under 21 at the time.
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January 08, 2026
Amazon Drivers Can Keep Wage Suit In Court, Calif. Panel Says
Amazon cannot ship to arbitration six drivers' individual claims under California's Private Attorneys General Act that they were misclassified as independent contractors, a state appeals court has ruled, agreeing with a trial court that their last-mile deliveries were part of an uninterrupted interstate trip.
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January 08, 2026
Trump Admin Says Climate Grant Class Suit Is Moot
The Trump administration has told the D.C. Circuit that a proposed class action accusing it of illegally terminating a $3 billion environmental justice block grant program is moot because Congress has rescinded the funds that green groups and local governments are seeking to recover.
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January 08, 2026
Ex-Dean Of 2 Law Schools Nominated To Lead NYCBA
The New York City Bar Association on Thursday announced the nomination of the former dean of the Fordham University School of Law and Yeshiva University's Benjamin N. Cardozo School of Law to serve as its next president, elevating a prominent voice at the intersection of law and social welfare.
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January 08, 2026
Amici Back CoStar's Review Bid For Rival's Antitrust Claims
Technology industry coalition Chamber of Progress and other parties are urging the U.S. Supreme Court to grant commercial real estate information company CoStar's review petition for a Ninth Circuit ruling that revived a business rival's antitrust counterclaims.
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January 08, 2026
Audits Get Final Word On Economic Substance, IRS Atty Says
IRS attorneys provide legal guidance during audits on whether a transaction lacks economic substance, but examiners make the ultimate determination, an agency associate chief counsel said Thursday while explaining how the agency applies a powerful anti-abuse tool in audits.
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January 08, 2026
Trump Admin Can't Undo Block On Drug Rebate Program
A First Circuit panel has refused to lift a district judge's block on a Trump administration plan to pilot a rebate model for a federal drug discount program that benefits low-income patients, saying the federal government is unlikely to win its appeal.
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January 08, 2026
Fed. Circ. Affirms Navy Doesn't Owe Contractor Labor Costs
The federal circuit affirmed an Armed Services Board of Contract Appeals decision denying a materials supplier $1.15 million in labor costs allegedly owed by the U.S. Navy, finding the blanket purchase agreement did not separate out that expense.
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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.
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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.
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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.
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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.
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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.
Editor's Picks
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The Topics Appellate Attys Are Tracking Most Closely In 2026
A few far-reaching topics will dominate the appellate practice in 2026, attorneys predict, as appeals courts navigate an ever-growing thicket of Trump administration litigation and thorny questions involving artificial intelligence.
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4 High Court Cases To Watch This Spring
The U.S. Supreme Court justices will return from the winter holidays to tackle several constitutional disputes that range from who is entitled to birthright citizenship to whether transgender individuals are entitled to heightened levels of protection from discrimination.
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Circuit-By-Circuit Guide To 2025's Most Memorable Moments
Federal circuit courts in 2025 strained under a crush of Trump administration lawsuits, as judges directed animated language at litigants and even their fellow judges. And while the president only added a handful of appellate jurists, they had outsize impacts on circuit benches as they joined the cadre of conservatives seated in his first term.
Expert Analysis
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How 11th Circ.'s Zafirov Decision Could Upend Qui Tam Cases
Oral argument before the Eleventh Circuit last month in U.S. ex rel. Zafirov v. Florida Medical Associates suggests that the court may affirm a lower court's opinion that the qui tam provisions of the False Claims Act are unconstitutional — which could wreak havoc on pending and future qui tam cases, say attorneys at Morgan Lewis.
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3 DC Circ. Rulings Signal Shift In Search And Seizure Doctrine
A trio of decisions from courts in the District of Columbia Circuit, including a recent order compelling prosecutors to return materials seized from James Comey’s former attorney, makes clear that continued government possession of digital evidence may implicate the Fourth Amendment, says Gregory Rosen at RJO.
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Series
Muay Thai Makes Me A Better Lawyer
Muay Thai kickboxing has taught me that in order to win, one must stick to one's game plan and adapt under pressure, just as when facing challenges by opposing counsel or judges, says Mark Schork at Feldman Shepherd.
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Higher Expectations For 'Schedule A' IP Suits On The Horizon
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.
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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.