Appellate

  • January 29, 2026

    Vape Cos. Tell 4th Circ. Not To Stay Block On Va. Regs

    A pair of vape companies is urging the Fourth Circuit not to issue a stay on an order blocking enforcement of a Virginia law prohibiting the sale of unapproved e-cigarettes, saying the district court correctly found that portions of the law were preempted by federal law.

  • January 29, 2026

    DC Circ. Urged To Revive PJM Watchdog's Access Fight

    The electricity market watchdog for PJM Interconnection on Thursday urged the D.C. Circuit to reconsider its dismissal of its lawsuit over the Federal Energy Regulatory Commission denying it access to certain committee meetings held by the regional grid operator.

  • January 29, 2026

    Wash. Panel Sides With Card Processor In Biz Tax Dispute

    A Washington appeals panel ruled Thursday that the state Department of Revenue owed a card payment processor a refund, as the agency wrongly included fees charged by issuing banks in the processor's gross income calculation.

  • January 29, 2026

    2nd Circ. Backs Rental Assistance, Medicaid Fraud Conviction

    The Second Circuit has upheld the conviction of a New York City man who was sentenced to 70 months in prison for running a more than $1.8 million rental assistance and Medicaid fraud scheme.

  • January 29, 2026

    Fed. Circ. Won't Revive Streaming IP Suit Against Hulu

    A California federal judge was right to free Hulu LLC from allegations that it infringed Sound View Innovations LLC's streaming patent, the Federal Circuit determined Thursday.

  • January 29, 2026

    9th Circ. Says Noem Can't 'Smuggle In' TPS Vacaturs

    The Ninth Circuit has ruled that Homeland Security Secretary Kristi Noem lacked the authority to vacate temporary protected status for Venezuela and Haiti, saying her attempt to do so flouts both Congress' design of the TPS statute and the law's language.

  • January 29, 2026

    Fla. Panel Orders New Trial Over Fleeing Witness Testimony

    A Florida state appeals court has ruled that a man convicted of attempted murder should be given a new trial because he was not granted a one-day continuance to track down a key witness who fled the courthouse moments before his trial testimony was set to begin.

  • January 29, 2026

    Wilcox's NLRB Firing Won't Be Reconsidered By DC Circ.

    Former National Labor Relations Board member Gwynne Wilcox's challenge to her firing has hit another wall, with the full D.C. Circuit saying it won't reconsider a panel's decision to drop her lawsuit seeking reinstatement.

  • January 29, 2026

    Minn. County Appeals 3,000-Acre Land Trust Order At 8th Circ.

    A Minnesota county and two of its townships are appealing to the Eighth Circuit a lower court's order that dismissed a challenge to a U.S. Department of the Interior decision to take more than 3,000 acres into trust for the Mille Lacs Band of Ojibwe.

  • January 29, 2026

    NJ Justices Say Title IX Preempts Rutgers Union Contract

    A grievance procedure in a local union's collective negotiation agreement with Rutgers University is preempted by Title IX, the New Jersey Supreme Court said Thursday, reversing a lower court's decision that forced the university into post-termination arbitration over a custodian fired for sexual harassment.

  • January 29, 2026

    Pa. High Court Orders New Hearing In Killing Of Police Officer

    Pennsylvania's highest court has ordered a new hearing in a murder case involving the 2001 death of a Pittsburgh-area police officer, finding in a reversal that a third party's claim that someone else had confessed to the crime constituted a newly discovered fact that should be considered for postconviction relief.

  • January 29, 2026

    Nurse Fired In Pandemic-Era RIF Can't Reinstate Age Bias Suit

    The Sixth Circuit backed the dismissal of an age bias suit from a nurse who claimed a medical center used a COVID-19-related reduction in force as an excuse to fire her, ruling a supervisor calling one of her colleagues a "young star" wasn't linked to her termination.

  • January 29, 2026

    Crowell & Moring Loses DC Appeal In $30M COVID Rent Dispute

    The District of Columbia Court of Appeals on Thursday ruled against Crowell & Moring LLP's appeal for its $30 million rent dispute with a D.C. office landlord that refused to grant a coronavirus-related rent abatement.

  • January 29, 2026

    NJ Justices Disbar Pa. Atty Over Client Theft Conviction

    The New Jersey Supreme Court has agreed to prohibit a now-imprisoned Pennsylvania attorney from practicing law in the state, following a recommendation to disbar the man convicted for stealing around $90,000 from clients.

  • January 29, 2026

    Ga. Gov. Hopeful Wants 11th Circ.'s Take On Cash Limits

    Georgia Secretary of State and gubernatorial hopeful Brad Raffensperger said Wednesday he would ask the Eleventh Circuit to review a federal judge's decision from the day before shooting down yet another challenge to a state law allowing a rival in the race to rake in unlimited campaign cash.

  • January 29, 2026

    Full 1st Circ. To Review Cop's Suspension For Facebook Post

    The full First Circuit has agreed to review a Massachusetts police officer's suspension for making disparaging comments about George Floyd on a personal Facebook page, setting aside an opinion in the police department's favor and teeing up an appeal focused on the speech rights of government employees.

  • January 29, 2026

    4th Circ. Wary Of Kicking Up 'Sandstorm' On Deferred Comp.

    The Fourth Circuit appeared reluctant Thursday to revive a proposed class action brought against Bank of America and Merrill by an ex-financial adviser who said he was shorted deferred compensation, as judges questioned whether federal benefits law applied to payments that looked like bonuses.

  • January 29, 2026

    Legal Group Tells Justices Pot User Gun Ban Unconstitutional

    Libertarian group Liberty Justice Center is urging the U.S. Supreme Court to uphold a Fifth Circuit ruling that found disarming a cannabis user based solely on that use is unconstitutional, saying it's not consistent with historical analogues barring "dangerous" people from owning guns.

  • January 28, 2026

    Wrong Standard Sunk Benesch Ex-Client's Suit, 7th Circ. Told

    A former Benesch Friedlander Coplan & Aronoff LLP client urged the Seventh Circuit on Wednesday to revive her malpractice suit claiming the firm botched her potential trade secrets theft case, arguing a lower court held her to too high a pleading standard in tossing her case.

  • January 28, 2026

    Trade Secret Filings Hit Record High In 2025, Report Finds

    Trade secret litigation reached an all-time high in 2025, with more than 1,500 federal cases filed for the first time ever, according to a new report by legal analytics firm Lex Machina, which also highlights trends about damages, the busiest courts and the law firms most frequently involved.

  • January 28, 2026

    NJ Prep School Can't Arbitrate Student's Sex Assault Suit

    A New Jersey appeals court on Wednesday refused to send to arbitration a suit seeking to hold the prestigious Lawrenceville School liable for the sexual assault of a student, saying a federal statute that bars arbitration for certain sexual assault cases renders irrelevant the school's argument about a later-signed agreement.

  • January 28, 2026

    7th Circ. Doubtful Climate Fight Belongs In Federal Court

    Seventh Circuit judges seemed skeptical Wednesday of Chevron and other oil giants' argument that a lower court incorrectly sent Chicago's climate deception claims back to state court, questioning whether they've cited the type of contractual government work and relationship that would otherwise keep the suit in federal court.

  • January 28, 2026

    Tobey Maguire Says He Rerouted Fee To Goldstein

    "Spider-Man" star Tobey Maguire told the jury Wednesday in Thomas Goldstein's tax fraud trial that he paid $500,000 for his legal services to another poker player the former SCOTUSblog founder owed money to, rather than Goldstein's law firm.

  • January 28, 2026

    Record Label Says 2 Live Crew Gave Up Rights In Bankruptcy

    A Miami-based record label told an Eleventh Circuit panel Wednesday that a lower court erred in determining rap group 2 Live Crew never gave up termination rights under the Copyright Act, arguing instead that the rights were included in the sale of the records in a 1996 bankruptcy.

  • January 28, 2026

    Del. Justices Told ERISA, Legal Fee Tangle Unprecedented

    An attorney for a distressed credit fund told Delaware's Supreme Court justices on Wednesday that a vice chancellor made an unprecedented finding last year that provisions of the nation's employee retirement income law barred entitlement to legal fee advancement in a state contract case, urging the justices to overturn the ruling.

Expert Analysis

  • 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.

  • Series

    Nature Photography Makes Me A Better Lawyer

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    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.

  • Series

    Law School's Missed Lessons: Practical Problem Solving

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    Issue-spotting skills are well honed in law school, but practicing attorneys must also identify clients’ problems and true goals, and then be able to provide solutions, says Mary Kate Hogan at Quarles & Brady.

  • Software Patents May Face New Eligibility Scrutiny

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    November guidance from the U.S. Patent and Trademark Office, along with recent litigation trends from the Federal Circuit, may encourage new challenges in the USPTO and district courts to artificial intelligence and software patents that rely on generic computing functions without concrete details, say attorneys at Venable.

  • Contract Disputes Recap: Delay, Plain Text, Sovereign Acts

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    Three recent decisions addressing familiar pressure points show that even well-worn doctrines evolve, and both contractors and the government should reexamine their assumptions, says Zachary Jacobson at Seyfarth.

  • Opinion

    A Uniform Federal Rule Would Curb Gen AI Missteps In Court

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    To address the patchwork of courts’ standing orders on generative artificial intelligence, curbing abuses and relieving the burden on judges, the federal judiciary should consider amending its civil procedure rules to require litigants to certify they’ve reviewed legal filings for accuracy, say attorneys at Shook Hardy.

  • 9th Circ. Ruling Clarifies Auditor Liability For IPO Errors

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    The Ninth Circuit's recent decision in Hunt v. PricewaterhouseCoopers elucidates the legal standard for claims against auditors in connection with a company's initial public offering, confirming that audit opinions are subjective and becoming the first circuit to review this precise question since the U.S. Supreme Court's 2015 Omnicare ruling, say attorneys at Morgan Lewis.

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