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Appellate
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January 09, 2026
Justices To Resolve Split On SEC Disgorgement Powers
The U.S. Supreme Court on Friday agreed to hear a case that could resolve a circuit split over whether the U.S. Securities and Exchange Commission has to prove investor harm in order to secure disgorgement from alleged fraudsters.
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January 09, 2026
Justices Will Weigh FCC's Monetary Penalty Powers
The U.S. Supreme Court agreed Friday to take a look at the Federal Communications Commission's authority to issue fines by announcing it would review both a Fifth Circuit ruling in AT&T's favor curtailing the agency's ability to issue fines using its own in-house legal process and a case that Verizon lost in the Second Circuit.
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January 09, 2026
Gov't Tells 4th Circ. SC Residents Can't Challenge Marsh Plan
The federal government has urged the Fourth Circuit to uphold the dismissal of a suit filed by South Carolina property owners challenging the approval of a local marsh mitigation bank plan, arguing the property owners lack Article III standing and their claims are "speculative."
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January 09, 2026
Board Says Only Imminent, Credible Threats Are Persecution
The Board of Immigration Appeals ruled Friday that death threats by themselves don't constitute persecution unless they are both credible and issued by someone who has the ability to immediately carry them out.
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January 09, 2026
4 Argument Sessions That Benefits Attys Should Watch In Jan.
The U.S. Supreme Court will zero in on the methodology for assessing liability for pulling out of a multi-employer pension fund, and the circuit courts will hear bids to revive suits over alleged 401(k) mismanagement and deferred compensation. Here, Law360 looks at a quartet of oral arguments coming up in January.
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January 09, 2026
DC Circ. Won't Rethink MSPB Firing Ruling
The D.C. Circuit's decision to permit the president's removal of Merit Systems Protection Board member Cathy Harris despite her statutory job protections will stand after the full court declined to rehear her firing challenge Friday.
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January 09, 2026
3rd Circ. Upholds Prudential's Win In 401(k) Suit
A Third Circuit panel on Friday upheld the dismissal of a suit alleging a class of Prudential Insurance Co. workers was deprived of millions of dollars in their retirement plans through mismanagement, agreeing with the lower court's holding that Prudential made careful investment decisions.
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January 09, 2026
Panel OKs Sentence In Ex-Ky. Prosecutor Sex Bribe Scandal
A former Kentucky state prosecutor must serve 41 months behind bars after a Sixth Circuit panel upheld his conviction on wire fraud and government bribery charges tied to his alleged criminal scheme of assisting a criminal defendant in exchange for sexual favors and explicit photos.
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January 09, 2026
Comey, James Fight DOJ Push To Combine Dismissal Appeals
Former FBI Director James Comey and New York Attorney General Letitia James are pushing back against federal prosecutors' effort to consolidate their currently separate appeals of the beleaguered prosecutions against the pair at the Fourth Circuit.
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January 09, 2026
4th Circ. Asks If NCAA's W.Va. Eligibility Appeal Is Now Moot
The NCAA and four West Virginia University football players have until Jan. 21 to tell the Fourth Circuit whether the collegiate athletic association's appeal of an injunction making the players eligible this season is moot, now that the season is over.
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January 09, 2026
Mass. Panel Says Bruen Shifted Gun License Rules
A Massachusetts town police chief was wrong to deny a woman a firearms license because her husband had been charged with vandalism, a state appeals court held on Friday, ruling the standard is only whether the woman herself is likely to be a safety risk under a recent U.S. Supreme Court decision.
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January 09, 2026
8th Circ. Orders Review Of Police Immunity Denial
A panel of the Eighth Circuit has sent a man's excessive force claims against Arkansas police officers back to a lower court for reassessment, finding a judge's initial analysis denying qualified immunity to the officers was incomplete.
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January 09, 2026
Golfer Asks 11th Circ. To Reinstate Shattered Club Suit
A Georgia man urged the Eleventh Circuit on Friday to revive his suit alleging he was injured by a Callaway golf club that shattered in his hands on a driving range, arguing that a federal district judge improperly "resolved classic jury questions as a matter of law" in the manufacturers' favor.
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January 09, 2026
Rakoff Hints 'Baby Shark' Mail-Service Precedent Is Unpopular
U.S. District Judge Jed S. Rakoff on Friday critiqued a Second Circuit decision requiring mail service to alleged Chinese infringers of "Baby Shark" trademarks, which he said may slow Google's effort to shutter an alleged China-based global phishing scam.
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January 09, 2026
Justices OK Federal Prisoners' Repeat Conviction Challenges
The U.S. Supreme Court on Friday resolved a circuit split in ruling that a 1996 antiterrorism law does not bar people incarcerated in federal prisons from making repeated challenges to their convictions and sentences, or from seeking high court review if they fail.
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January 09, 2026
Calif. Law Firm Wins $3M From Deal Made Without Client's OK
A California state appeals court ruled Thursday that a Los Angeles personal injury law firm was entitled to over $3 million in payout from a $6 million settlement even though the firm initially entered into the deal without its client's consent and was later fired.
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January 09, 2026
Virginia Takes Vape Law Fight To 4th Circ.
Virginia is looking to the Fourth Circuit to overturn a court order partially blocking it from enforcing a ban on flavored vapes, according to a notice filed by the state's attorney general.
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January 08, 2026
9th Circ. Vacates Seagate Loss In Hard Drive Price-Fixing Case
The Ninth Circuit on Thursday resurrected a number of Seagate Technologies' antitrust claims against Japanese manufacturer NHK Spring in a fight over hard drive components, finding that U.S. antitrust laws could indeed apply to the alleged conspiracy in this case even though foreign entities executed transactions abroad.
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January 08, 2026
5th Circ. Wary Of Giving Investors Another Go At Lumen Suit
A Fifth Circuit panel wanted to know why a group of investors should get another shot at a class action against Lumen Technologies Inc. for allegedly covering up its lead-covered copper cables, asking Thursday if the investors told the lower court how they would amend their pleading.
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January 08, 2026
Venezuela Says Citgo Auction Marred By Conflicts
Venezuela pressed the Third Circuit Thursday to overturn an order greenlighting the nearly $6 billion sale of Citgo to satisfy billions of dollars of the country's debt, arguing that the underlying attachment orders are void and that the proceeding was marred by "obvious" conflicts of interest.
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January 08, 2026
4th Circ. Says Fraud On Optional Visa Docs Is Still Criminal
A split Fourth Circuit panel on Thursday affirmed the visa fraud convictions of a Maryland man who prosecutors said submitted fraudulent applications for clients of his immigration "legal center," with the majority ruling that knowingly making false statements on documents that aren't necessarily required can still be criminal.
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January 08, 2026
Apple Beats Antitrust Suit Over Heart Rate Data At 9th Circ.
A Ninth Circuit panel affirmed Apple's win Thursday against startup AliveCor Inc.'s antitrust claims alleging it illegally blocked third-party access to Apple Watch medical data to create rival software, finding that Apple has no "duty to deal" with AliveCor and therefore the startup's claims fail as a matter of law.
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January 08, 2026
Wash. Justices Take Up Pixel Privacy Suit Against Hospital
The Washington Supreme Court has taken up a group of parents' bid to revive their proposed class action accusing Seattle Children's Hospital of sharing their private data with Facebook parent company Meta by installing its Pixel browser tracking tool on the hospital's public-facing website.
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January 08, 2026
Texas Court Mostly Reverses $27M Exxon Explosion Verdict
A Texas appellate court on Thursday largely vacated a $27 million jury verdict against ExxonMobil related to a 2019 explosion at a Houston-area petrochemical plant, citing insufficient evidence to support the damages awarded to three injured workers.
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January 08, 2026
11th Circ. Asked To Undo 'Deeply Flawed' Securities Ruling
Florida-based energy company NextEra Energy Inc. wants the full Eleventh Circuit to reconsider a panel decision to revive an investor lawsuit against the utility operator, asserting that unless undone, the decision would leave the circuit with "the nation's most permissive loss-causation standard."
Expert Analysis
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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.
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Health, Legal Employers Face Unique Online Speech Hurdles
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.
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Opinion
Justices Should Clarify Loper Bright Doctrine Via Patent Case
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.
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3 Notable Developments In Ch. 15 Bankruptcy This Year
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.
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Reviewing 2025's Most Pertinent Wiretap Developments
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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Series
Nature Photography Makes Me A Better Lawyer
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.