Appellate

  • January 13, 2026

    Ill. Justices Mull COVID Screening Pay Under State Law

    The Illinois Supreme Court should leave decades of understanding surrounding the statutory term "workweek" intact and rule that the state's minimum wage law incorporates federal limitations on compensable preliminary activities, as finding otherwise would revive a short-lived overtime regime Congress considered "disastrous," Amazon argued Tuesday.

  • January 13, 2026

    No Jury Yet In Goldstein Trial, But Celeb Witnesses Possible

    Day two of jury selection in Tom Goldstein's tax and mortgage fraud case wrapped without a jury being seated Tuesday, but did reveal that the government could call celebrities Tobey Maguire and Kevin Hart to the stand.

  • January 13, 2026

    Battery Co. Urges 11th Circ. To Undo $20M Award In IP Feud

    A battery charger company told the Eleventh Circuit on Tuesday that it should reverse a roughly $20 million award after a jury found it ran Amazon advertisements that infringed a rival's trademark, arguing it used a generic product description and didn't cause confusion among consumers. 

  • January 13, 2026

    NC Tech Exec Urges 4th Circ. To Delay Sentence Amid Appeal

    A North Carolina software executive convicted of failing to pay employment taxes has asked the Fourth Circuit to delay the start of his 366-day prison sentence while his appeal is pending before the court.

  • January 13, 2026

    Texas Appeals Panel Skeptical Pipeline Death Falls Under FAA

    A Texas appeals panel seemed hesitant to buy Energy Transfer's argument that it can compel arbitration in a suit brought by the family of a man killed in a pipeline explosion, asking Tuesday whether the employee's work qualifies as interstate commerce and therefore falls outside the Federal Arbitration Act.

  • January 13, 2026

    2nd Circ. Hints Ex-Luxottica Worker Has ERISA Standing

    Second Circuit judges sounded sympathetic Tuesday to the idea that a former Luxottica employee has standing to pursue changes to its defined benefit pension plan, expressing skepticism at the company's notion that her case is barred because she is seeking unavailable remedies.

  • January 13, 2026

    9th Circ. Limits Unpreserved Challenge Reviews To Plain Error

    The en banc Ninth Circuit on Tuesday said it would no longer review unpreserved claims of legal error under a decades-old "pure question of law" exception to criminal rules of procedure, narrowing the court's purview to only plain error.

  • January 13, 2026

    Full Fed. Circ. Asked To Reconsider Car Seat Patent Case

    Wonderland Switzerland AG wants the full Federal Circuit to take another look at a panel's December reversal of part of a ruling that Evenflo Co. Inc. infringed one of its car seat patents, saying the suit involves a regularly occurring question in patent law.

  • January 13, 2026

    Fed. Circ. Backs PTAB's Axing Of UV Disinfectant Patent

    The Federal Circuit on Tuesday issued a one-word order affirming a Patent Trial and Appeal Board decision invalidating claims in a patent covering technology for using UV light for sanitation, declining to take on the inventor's challenge to the board's obviousness determinations.

  • January 13, 2026

    Comcast Decries Circuit Split After $177M IP Case Is Revived

    The Federal Circuit split from several other circuits when reviving WhereverTV Inc.'s $177 million infringement suit against Comcast based on waived arguments, the telecommunications giant has warned the U.S. Supreme Court.

  • January 13, 2026

    9th Circ. Says Loggers' Suit Does Not Show A Monopoly

    The Ninth Circuit declined Tuesday to revive a lawsuit by a coalition of logging groups that accused a U.S. Forest Service contractor of monopolizing the industry in the Pacific Northwest, finding the plaintiffs' antitrust claims lacked adequate details.

  • January 13, 2026

    10th Circ. OKs Murder Conviction Despite Gender Bias At Trial

    The Tenth Circuit ruled Tuesday that the Oklahoma Court of Criminal Appeals correctly concluded that a woman sentenced to death for killing her husband received a fair trial, rejecting arguments that prosecutors' use of sexualized and gender-stereotyped evidence violated her constitutional rights.

  • January 13, 2026

    Sen. Whitehouse Presses AG On Boasberg Complaint Results

    Sen. Sheldon Whitehouse, D-R.I., ranking member of the courts panel on the Senate Judiciary Committee, is calling for Attorney General Pam Bondi to release the results of the disciplinary complaint she filed against Chief U.S. District Judge James Boasberg of the District of Columbia when the investigation wraps up.

  • January 13, 2026

    Illinois Justice Theis To Retire From Supreme Court Bench

    Illinois Supreme Court Justice Mary Jane Theis is retiring at the end of January after more than 40 years on the bench, with her seat to be filled through the end of her term by First District Appellate Court Justice Sanjay T. Tailor, the first Asian American to serve on the high court.

  • January 13, 2026

    DC Circ. Upholds NLRB's Ruling Against Mont. Telco

    The D.C. Circuit Tuesday upheld the National Labor Relations Board's finding that a telecom company illegally withheld records of its use of non-union workers from a union, saying the company forfeited its argument that the union took too long to back up its demand. 

  • January 13, 2026

    Youths Urge 9th Circ. To Revive Trump Energy Orders Fight

    A group of young people asked the Ninth Circuit to revive their lawsuit challenging President Donald Trump's energy-related emergency orders, arguing the lower court erred by saying it did not have jurisdiction to rule on the matter.

  • January 13, 2026

    North Carolina County Tells 4th Circ. It Didn't Underpay EMTs

    A North Carolina federal court correctly ruled that a North Carolina county didn't owe damages to EMS workers because their pay structure included both straight time and overtime, but erred in concluding the county violated federal wage law, the county told the Fourth Circuit.

  • January 13, 2026

    Carnival Urges 11th Circ. To Undo $10M Sexual Assault Verdict

    Cruise line Carnival urged the Eleventh Circuit on Tuesday to reverse a decision awarding $10 million to a passenger who was sexually assaulted, arguing it was unfairly prejudiced when FBI evidence rebutting her testimony was admitted during trial after it was previously rejected by the lower court.

  • January 13, 2026

    5th Circ. Urged To Revive Southwest 737 Max Overcharge Suit

    Consumers have urged the Fifth Circuit to revive their claims alleging Southwest Airlines overcharged them for riskier flights on Boeing 737 Max 8 jets, saying they've asserted a classic benefit-of-the-bargain injury that gives them standing to sue.

  • January 13, 2026

    Former USPTO Solicitor Joins Orrick's Supreme Court Group

    A veteran U.S. Patent and Trademark Office attorney has come aboard Orrick Herrington & Sutcliffe LLP in Washington, D.C., as a partner in the firm's Supreme Court and appellate practice, Orrick announced Tuesday.

  • January 13, 2026

    Justices Seem Poised To Greenlight Transgender Athlete Bans

    The conservative wing of the U.S. Supreme Court voiced skepticism of allowing transgender athletes to compete in women's and girls' sports Tuesday, while also signaling a willingness to keep its ruling narrowly tailored.

  • January 13, 2026

    4th Circ. Combines DOJ Appeals Of Comey, James Dismissals

    The Fourth Circuit has granted the Trump administration's request to combine its previously separate appeals of the dismissals of prosecutions against former FBI Director James Comey and New York Attorney General Letitia James.

  • January 13, 2026

    Fed. Circ. Gives Apple New Shot At Axing Smart Mobile Patent

    The Federal Circuit on Tuesday revived Apple's challenge at the Patent Trial and Appeal Board to a technology patent that Smart Mobile Technologies LLC accuses it of infringing.

  • January 13, 2026

    'Sazerac Stitches' TM Too Similar To Sazerac, Fed. Circ. Says

    The Federal Circuit on Tuesday affirmed a trademark tribunal's refusal to register "Sazerac Stitches" for a variety of home goods and decor items because of potential confusion with the distilled spirits and cocktail accessories sold by Sazerac Brands LLC.

  • January 13, 2026

    Harvard Seeks 1st Circ. Backing For Student Visa Program

    The federal government "has no persuasive defense" of its efforts to bar international students from enrolling at Harvard University, the school told the First Circuit in asking the court to uphold an order enjoining the move.

Expert Analysis

  • 3 DC Circ. Rulings Signal Shift In Search And Seizure Doctrine

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    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.

  • Series

    Muay Thai Makes Me A Better Lawyer

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    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.

  • 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.

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