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Appellate
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January 21, 2026
Feds Back Freight Broker In High Court Negligence Case
The federal government urged the U.S. Supreme Court Wednesday to hold that federal law unequivocally shields freight brokers from state-based negligence and personal injury claims, throwing its support behind broker and logistics giant C.H. Robinson in a closely watched case.
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January 21, 2026
Mich. Supreme Court Ponders Limits Of Jailhouse Searches
A Michigan Supreme Court justice asked if police can round people up on minor violations as a pretext to run warrantless DNA tests on their belongings, as the court grappled Wednesday with whether DNA found on an incarcerated man's jeans should have been kept out of a murder case.
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January 21, 2026
Pa. Justices Reverse Clickwrap Arbitration Limits, For Now
The Pennsylvania Supreme Court has determined that a lower appellate court was too quick to declare that "clickwrap" arbitration agreements buried in apps' and websites' terms of service erode the constitutional right to trial by jury, reversing a decision that invalidated such an agreement in an injury suit against Uber.
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January 21, 2026
Calif. GOP Asks Justices To Block New Congressional Map
California Republicans asked the U.S. Supreme Court to step in and block the state's new, voter-approved congressional districts before they can be used in this year's midterm election, arguing that the redrawn map constitutes illegal racial gerrymandering with Democratic officials "maximizing Latino voting strength."
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January 21, 2026
Del. Justices Urged To Revive Telemedicine Co. SPAC Suit
An attorney for special purpose acquisition company investors in a $1.35 billion take-public deal that preceded an affiliate bankruptcy, heavy losses and fraud claims urged Delaware's Supreme Court on Wednesday to reject arguments that the statute of limitations on the claims started ticking at the time of the alleged misrepresentation.
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January 21, 2026
Licensing Deal Saves Cisco From Lionra Suit, Fed. Circ. Says
The Federal Circuit rebuffed Lionra Technologies Ltd.'s efforts to save its patent infringement case against Cisco Systems Inc., with a panel finding Wednesday that a licensing agreement foreclosed the lawsuit and calling Lionra's characterization of the agreement "skewed."
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January 21, 2026
9th Circ. Reverses Ruling In $4.1M Union Health Plan Suit
A California district court erred in concluding a medical center where union dockworkers received treatments was not a hospital, a split Ninth Circuit panel ruled Wednesday, sending the workers' $4.1 million claims dispute against a multiemployer health plan back to the lower court.
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January 21, 2026
FedEx Loses $200M Interest Claim Against AIG Unit
A Pennsylvania state judge Wednesday said an AIG unit won't have to pay FedEx $200 million in post-judgment interest following a fatal crash involving one of its drivers, but allowed bad faith and promissory estoppel claims to move forward against the insurer because those claims require a trial.
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January 21, 2026
Allergan Says Fed. Circ.'s Ax Of $39M Win Misread Record
A Federal Circuit decision reversing a $39 million verdict against Sandoz in Allergan's suit accusing it of infringing an eyelash growth drug patent misunderstood the evidence and was based on an "indisputably false" premise, Allergan said in a petition for rehearing Tuesday.
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January 21, 2026
Dem States Warn Harvard Visa Ban Could Ripple Nationwide
A coalition of Democratic-led states told the First Circuit that the Trump administration's bid to bar Harvard University from admitting foreign students exemplifies its larger attempt to use immigration enforcement to retaliate against disfavored higher education institutions.
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January 21, 2026
Okla. Tribes Challenge Bid To Dismiss Hunting Rights Suit
Three tribal nations are fighting a motion by Oklahoma to dismiss their challenge that looks to block the prosecution of Native Americans for hunting and fishing on tribal lands, telling the court that the state's Ex parte Young doctrine arguments are "not colorable."
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January 21, 2026
Feds Oppose Bail For Conn. Oil Trader During FCPA Appeal
Federal prosecutors are fighting an oil trader's bid for freedom while he appeals a 15-month Foreign Corrupt Practices Act prison sentence, arguing the trader should begin serving time by Feb. 9 because his jury conviction probably won't be reversed.
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January 21, 2026
3rd Circ. Questions Mushroom Farmer's Tax Bill Accounting
A Third Circuit panel appeared skeptical Wednesday of a woman's bid to reduce her prison term for tax violations connected to her family's mushroom farm, with judges suggesting that different swaths of taxes she failed to pay the government could be grouped together as "relevant conduct" under federal sentencing guidelines.
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January 21, 2026
Fed. Circ. Won't Reinstate Text-Tracking Patent Case
The Federal Circuit on Wednesday affirmed a lower court's decision declining a cellular data-tracking company's request for a new trial, rejecting the company's arguments that the district judge's claim construction had been erroneous.
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January 21, 2026
7th Circ. Cautions Pro Se Litigants To Avoid AI-Induced Errors
The Seventh Circuit offered guidance to litigants using artificial intelligence while representing themselves in a ruling remanding a pro se plaintiff's civil rights case Wednesday, saying that AI has "great promise" for those who can't afford legal counsel, but that it doesn't abdicate them of their duty to avoid misrepresentations in court filings.
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January 21, 2026
$30M In Tax Fraud Penalties Required Juries, High Court Told
A think tank and a legal center threw their support Wednesday behind a group of taxpayers asking the U.S. Supreme Court to find that the IRS violated their rights to a jury trial when it slapped them with more than $30 million in penalties for tax fraud.
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January 21, 2026
Starbucks Settles COBRA Suit From Ex-Worker's Spouse
Starbucks has agreed to settle a proposed class action from employee health plan participants and their beneficiaries alleging lapses in the coffee chain retailer's post-employment medical insurance notices, according to filings in Florida federal court.
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January 21, 2026
11th Circ. Urged To Deny Inclusion Of Everglades Center Docs
The Trump administration and Florida's emergency management agency have urged the Eleventh Circuit to not supplement the appellate record with their communications on federal funding relating to the new immigration detention facility in the Everglades, arguing the documents are immaterial.
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January 21, 2026
Former SG Prelogar Joins Cooley Team On Trump EO Appeal
Former Solicitor General Elizabeth Prelogar has joined the legal team representing Jenner & Block LLP in its fight with President Donald Trump's administration over his executive order targeting the BigLaw firm, according to a new court filing.
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January 21, 2026
Nonprofits, Not BigLaw, Lead Legal Challenges To Trump
Public interest groups are handling a majority of the lawsuits filed against the second Trump administration, while most large firms remain on the sidelines, according to a review by Law360 of more than 400 lawsuits filed in the first year of Trump's second term.
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January 21, 2026
EcoFactor Can't Restore Thermostat IP Claims At Fed. Circ.
Smart home energy company EcoFactor on Wednesday failed to persuade the Federal Circuit to revive claims in one of its smart thermostat patents following a Patent Trial and Appeal Board decision that invalidated the claims.
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January 21, 2026
US Says Utah Tribe Lacks Injury Claim In $16M Clean Air Deal
The federal government is asking the Tenth Circuit to deny the Ute Tribe's appeal to overturn a lower court's denial of its intervention to challenge a $16 million Clean Air Act consent decree, arguing that the Utah Indigenous nation can't identify any cognizable injury.
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January 21, 2026
Boar's Head Heir Seeks Chancery Ruling On Board Seat
An heir to one of a major deli manufacturer's founders has asked the Delaware Chancery Court to step into a family governance dispute, arguing that the company improperly refused to recognize his election to the board despite a written stockholder consent he says was valid under Delaware law.
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January 21, 2026
Pa. Court Bars Manner Of Death Testimony In Murder Trial
A man on trial for the second time for allegedly killing his wife in a staged ATV accident for $1.7 million in insurance money has won the right to preclude expert testimony on the manner of her death, Pennsylvania's highest court ruled Wednesday, reversing an appeals court decision.
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January 21, 2026
11th Circ. Upholds Order Forcing Law Firm To Turn Over Docs
The Eleventh Circuit has denied a Florida law firm's bid to shield documents related to the recruitment of over 1,000 Peruvian plaintiffs in a lead exposure action, with the panel agreeing with a lower court judge that the firm had not demonstrated that the documents are protected by attorney-client privilege.
Expert Analysis
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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.
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Series
Law School's Missed Lessons: Practical Problem Solving
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.