Appellate

  • February 05, 2026

    Fla. Justices Let AG Drop Pot Ballot Campaign Challenge

    The Florida Supreme Court has agreed to let the state's attorney general dismiss his request for an advisory opinion on the constitutionality of an adult use cannabis ballot initiative over the objection of the initiative's sponsors.

  • February 05, 2026

    Judge Who Resigned To Criticize Trump Had Faced Inquiry

    Former Massachusetts U.S. District Judge Mark L. Wolf was the subject of an inquiry into potential misconduct when he announced his November resignation, a decision he said at the time was motivated by a desire to speak out against the Trump administration, according to a source familiar with the matter.

  • February 05, 2026

    Amazon Screenings Are 'Hours Worked,' Conn. Justices Rule

    Amazon security screenings count as "hours worked" under Connecticut state employment law, and no legal exception permits the retailer to withhold pay for time spent on minimal matters at the end of a worker's shift, the state supreme court ruled unanimously on Thursday.

  • February 05, 2026

    McGuireWoods Enters Seattle With 9 Ex-Perkins Coie Attys

    McGuireWoods LLP announced Thursday that it has launched a Seattle office with a nine-partner team of former Perkins Coie LLP litigators and appellate advocates, including a former federal judge and two former U.S. Supreme Court clerks.

  • February 05, 2026

    2nd Circ. Won't Kick Luxottica Pension Fight To Arbitration

    The Second Circuit on Thursday backed a lower court's refusal to compel individual arbitration of a former Luxottica worker's proposed class action alleging pension underpayments, finding she had standing to sue for plan reformation but couldn't seek monetary payments on the plan's behalf.

  • February 04, 2026

    DC Circ. Preserves Secrecy Of DOJ's Gag Orders On Google

    The D.C. Circuit has rejected a nonprofit group's push to unmask applications filed by the U.S. Department of Justice that blocked Google from informing one of its email subscribers about a subpoena for some of his account data, agreeing with the lower court that the records were shielded by grand jury secrecy rules.

  • February 04, 2026

    Goldstein Accountant Admits Tax Return Errors

    A star government witness and the top outside accountant for SCOTUSblog founder Thomas Goldstein and his law firm admitted to making mistakes on Goldstein's tax returns and offering the grand jury erroneous testimony, under cross-examination in the U.S. Supreme Court lawyer's tax fraud trial Wednesday.

  • February 04, 2026

    ​What's Left In VLSI-Intel's $3B Patent Litigation

    Intel and VLSI are set to square off Thursday at the Federal Circuit ​i​n one arm of their high​-stakes fight over semiconductor patents, but questions over the state of $3 billion in verdicts, a potential license, fraud allegations and invalidations are still playing out in other cases. Here's where things stand.​

  • February 04, 2026

    PacifiCorp Urges Appeals Court To Scotch Broad Fire Liability

    The power utility PacifiCorp argued to an Oregon appeals court Wednesday that broad-brush trial evidence and class certification issues require overturning a 2023 verdict that made the company liable to property owners for wildfires around the state on Labor Day 2020.

  • February 04, 2026

    9th Circ. Reopens Funko Investors' Securities Class Action

    A Ninth Circuit panel Wednesday revived a proposed securities class action against toy-maker Funko Inc. and two former executives, ruling that shareholders sufficiently alleged that some company statements about its handling of millions of dollars of dead inventory were false and misleading.

  • February 04, 2026

    Fed. Circ. Leans Toward Vacating $12.7M Copyright Award

    The Federal Circuit appeared likely to vacate a $12.7 million copyright infringement award against the federal government on Wednesday, pressing attorneys for a software developer and the government to answer what instructions should be given to the claims court on remand.

  • February 04, 2026

    Fla. Court Affirms Win For Law Firm In $10M Malpractice Case

    A Florida appeals court Wednesday affirmed a win for Conrad & Scherer LLP in a suit accusing the law firm of improperly withdrawing at a critical point in a lawsuit against its clients' business partner over the acquisition of a hotel.

  • February 04, 2026

    9th Circ. Seems Reluctant To Keep Netflix Bias Case In Court

    The Ninth Circuit zeroed in on timing Wednesday as a former Netflix worker pushed to keep her sexual harassment suit out of arbitration, appearing sympathetic to the streaming company's argument that her dispute began before a law banning mandatory arbitration for sexual harassment claims became effective.

  • February 04, 2026

    CREXi Fights Bid To Disqualify Quinn Emanuel In CoStar IP Suit

    Commercial real estate platform CREXi has urged a California federal judge to let it keep Quinn Emanuel Urquhart & Sullivan LLP as its counsel as it fights CoStar's accusations of copyright infringement, saying CoStar is only now raising conflict of interest concerns to gain a "tactical advantage."

  • February 04, 2026

    Judge Says $40B Ligado Suit Looks 'Destined' For High Court

    Network company Ligado's nearly $40 billion lawsuit accusing the government of wrongly blocking its use of a certain slice of the airwaves seems likely to eventually land in the U.S. Supreme Court, the Federal Circuit's chief judge said Wednesday.

  • February 04, 2026

    Calif. Court Revives Walmart Worker's Background Check Suit

    California appellate justices Wednesday revived a Walmart employee's lawsuit alleging the retailer added extraneous consumer reporting agencies in a background check notice during her hiring process, finding she has standing since Walmart obscured the specific agency that provided the report and the ways she could contact the agency to fix errors.

  • February 04, 2026

    SPEX Urges Fed. Circ. To Revert Slashed $1 IP Win To $553M

    SPEX Technologies Inc. is asking the Federal Circuit to reinstate the $553 million award it had won against Western Digital for patent infringement, after a California federal judge lowered it to a single dollar.

  • February 04, 2026

    Under Armour Wants 4th Circ. To Review $100M Coverage Cap

    Under Armour asked the Fourth Circuit to review a recent ruling that capped its coverage for a securities class action, government investigations and derivative matters at $100 million, saying the panel overlooked the significance of an endorsement that essentially settled a dispute over when certain claims were made.

  • February 04, 2026

    Parent Tells 9th Circ. Roblox Can't Arbitrate Suit

    A parent has urged the Ninth Circuit to uphold a lower court's ruling that Roblox can't arbitrate claims that his daughter was preyed upon by adults on the popular gaming platform, since it was his minor child, not him, who made purchases on the app.

  • February 04, 2026

    Split NC Panel Rules Adviser Can't Arbitrate Fee Fight

    An investment adviser who was fired can't arbitrate a fee fight with the company he hired to scrub his termination from public databases, a split North Carolina appeals court ruled Wednesday, finding the arbitration clause in his contract doesn't cover the company's claim for nonpayment.

  • February 04, 2026

    EPA Can't OK Calif. Engine Emissions Rules, 9th Circ. Told

    The U.S. Environmental Protection Agency failed to determine whether California's plan to set tighter emissions rules for off-road engines warranted a Clean Air Act waiver before giving the go-ahead to the Golden State, industry groups have told the Ninth Circuit.

  • February 04, 2026

    2nd Circ. Rules Medication Didn't Affect Guilty Plea Validity

    A man who took bipolar and sleep medication the night before pleading guilty to conspiring to distribute cocaine and possessing a firearm cannot appeal his 15-year sentence by implying the medications confused him, the Second Circuit affirmed Wednesday, finding questions about his state of mind covered medication side effects.

  • February 04, 2026

    Fed. Circ. Backs Infringement Immunity For NASA Contractor

    The Federal Circuit on Wednesday endorsed a California federal judge's decision that a NASA contractor doesn't have to face a patent infringement suit from a pair of California men, given that its allegedly infringing use was authorized by the federal government.

  • February 04, 2026

    US Supreme Court Won't Halt New Calif. Congressional Map

    The U.S. Supreme Court will not block California's new, voter-approved congressional districts before they can be used in this year's midterm election while California Republicans appeal their previous failed bid to block the redrawn map that they argue constitutes illegal racial gerrymandering with Democratic officials "maximizing Latino voting strength."

  • February 04, 2026

    Clemency Was 'Broken' Long Before Trump. Can It Be Fixed?

    President Donald Trump has transformed what has historically been a bureaucratic process for seeking federal pardons and commutations into a more freewheeling affair with few clear rules — and no easy solutions for reform, experts say.

Expert Analysis

  • Series

    Teaching Logic Makes Me A Better Lawyer

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    Teaching middle and high school students the skills to untangle complicated arguments and identify faulty reasoning has made me reacquaint myself with the defined structure of thought, reminding me why logic should remain foundational in the practice of law, says Tom Barrow at Woods Rogers.

  • Series

    Law School's Missed Lessons: Practicing Resilience

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    Resilience is a skill acquired through daily practices that focus on learning from missteps, recovering quickly without internalizing defeat and moving forward with intention, says Nicholas Meza at Quarles & Brady.

  • How Specificity, Self-Dealing Are Shaping ERISA Litigation

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    Several recent cases, including the U.S. Supreme Court's forthcoming ruling in Anderson v. Intel, illustrate the competing forces shaping excessive fee litigation, with plaintiffs seeking flexibility, courts demanding specificity, fiduciaries facing increased scrutiny for conflicts of interest, and self-dealing amplifying exposure, says James Beall at Willig Williams.

  • Contract Disputes Recap: Terminations Galore

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    Three recent decisions from the Federal Circuit and the Civilian Board of Contract Appeals provide valuable insights about sticking to a contract's plain language, navigating breach of contract claims, and jurisdictional limits on reinstatement of a canceled contract, say attorneys at Seyfarth.

  • Opinion

    Minn. Can Still Bring State Charges In Absence Of Fed Action

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    After two fatal shootings by federal immigration officers in Minneapolis, Minnesota's role isn't waiting to see if the federal government brings criminal charges, but independently weighing state homicide charges and allowing the judiciary to decide whether the subject conduct falls within the narrow protections of supremacy clause immunity, says Sheila Tendy at Tendy Law.

  • State Of Insurance: Q4 Notes From Illinois

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    In 2025's last quarter, Illinois’ appellate courts weighed in on overlapping homeowners coverages for water-related damages, contractual suit limitation provisions in uninsured motorist policies, and protections for genetic health information in life insurance underwriting, while the Department of Insurance sought nationwide homeowners' insurance data from State Farm, says Matthew Fortin at BatesCarey.

  • How 2 Tech Statutes Are Being Applied To Agentic AI

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    The application of the Computer Fraud and Abuse Act and the California Invasion of Privacy Act to agentic artificial intelligence is still developing, but recent case law, like Amazon's lawsuit against Perplexity in California federal court, provides some initial guidance for companies developing or deploying these technologies, say attorneys at Weil.

  • Defense Strategy Takeaways From Recent TCPA Class Actions

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    Although recent Telephone Consumer Protection Act decisions do not establish any bright-line tests for defeating predominance based on an argument that class members provided consent for the calls, certain trends have emerged that should inform defense strategies at class certification, say attorneys at Womble Bond.

  • NYC Bar Opinion Warns Attys On Use Of AI Recording Tools

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    Attorneys who use artificial intelligence tools to record, transcribe and summarize conversations with clients should heed the New York City Bar Association’s recent opinion addressing the legal and ethical risks posed by such tools, and follow several best practices to avoid violating the Rules of Professional Conduct, say attorneys at Smith Gambrell.

  • Series

    The Biz Court Digest: Dispatches From Utah's Newest Court

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    While a robust body of law hasn't yet developed since the Utah Business and Chancery Court's founding in October 2024, the number of cases filed there has recently picked up, and its existence illustrates Utah's desire to be top of mind for businesses across the country, says Evan Strassberg at Michael Best.

  • 4 Quick Emotional Resets For Lawyers With Conflict Fatigue

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    Though the emotional wear and tear of legal work can trap attorneys in conflict fatigue — leaving them unable to shake off tense interactions or return to a calm baseline — simple therapeutic techniques for resetting the nervous system can help break the cycle, says Chantel Cohen at CWC Coaching & Therapy.

  • 2 Rulings Showcase Fuzzy Limits Of 'Related To' Jurisdiction

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    The Fifth and Ninth Circuits recently handed down decisions, in Sanchez Energy and Sawtelle Partners, respectively, reminding practitioners that bankruptcy court jurisdiction over lingering disputes is not guaranteed, regardless of whether confirmation orders contain specific "retention of jurisdiction" language, says Brian Shaw at Cozen O’Connor.

  • 3 Key Ohio Financial Services Developments From 2025

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    Ohio's banking and financial services sector saw particularly notable developments in 2025, including a significant Ohio Supreme Court decision on creditor disclosure duties to guarantors in Huntington National Bank v. Schneider, and some major proposed changes to the state's Homebuyer Plus program, says Alex Durst at Durst Kerridge.

  • Patent Eligibility Faces Widening Gap Between USPTO, Courts

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    The year 2026 opened with a profoundly altered Patent Act Section 101 ecosystem — the U.S. Patent and Trademark Office has pushed eligibility as far open as it can for artificial intelligence technologies, but the courts are not on the same page, say attorneys at Skadden.

  • Navigating Trade Secret Exceptions In Noncompete Bans

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    Recent and ongoing developments in the noncompete landscape, including a potential decision from the Tenth Circuit in Edwards Lifesciences v. Thompson, could offer tools for employers to bring noncompete agreements within trade secret exceptions amid an era of heightened employee mobility, say attorneys at Sullivan & Cromwell.

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