Appellate

  • August 17, 2026

    Justices Again Deny Review Of $5M Carroll Verdict

    The U.S. Supreme Court on Monday denied President Donald Trump's request to rehear his challenge to a $5 million verdict finding he sexually abused writer E. Jean Carroll.

  • August 14, 2026

    Barrage Of Amici Urge Justices To Mandate 12-Person Juries

    Former judges, ex-prosecutors, criminal defense attorneys, civil rights groups, Catholic bishops, university professors and others are urging the U.S. Supreme Court to find that the Constitution requires 12-person juries to decide trials for serious crimes, taking aim at Florida's practice of seating six-person juries for most criminal trials.

  • August 14, 2026

    In First, 2nd Circ. Allows DNA Warrant Without Match Sample

    The Second Circuit has ruled that a man cannot suppress a court-ordered DNA sample in his murder case even though police had not identified a viable comparison sample from the crime scene, becoming the first federal circuit court to address the question.

  • August 14, 2026

    9th Circ. Says DOJ Subpoenas Can Support Trump Agenda

    A split Ninth Circuit panel on Friday held that President Donald Trump has the authority to direct the U.S. Department of Justice to issue politically motivated subpoenas that align with his broader policy goals, reversing a lower court's ruling quashing a subpoena issued to a gender-affirming medical care provider.

  • August 14, 2026

    Attys Looking To Justices To Resolve Design Patent 'Mess'

    Following a sharply divided order where the full Federal Circuit declined to reconsider the standards for design patent infringement, attorneys tell Law360 they hope the deep disagreements among the judges spur the U.S. Supreme Court to clear up precedent one called a "total mess."

  • August 14, 2026

    NC Law Firm's 'Personal Goodwill' Not Marital Property

    North Carolina's highest court Friday sided with an intellectual property attorney in finding that the value of his law firm attributable to his firm's "personal goodwill" is not marital property and thus can't be divvied up for equal distribution to his ex-wife following their divorce.

  • August 14, 2026

    Conn. Opposes Kalshi's Bid To Keep Running Pending Appeal

    Connecticut officials on Friday asked a federal judge to deny KalshiEX's bid to keep offering sports contracts as it mounts a "long-shot appeal" of an injunction, arguing there is no basis to restrain state regulators from enforcing state wagering law given the contracts' "clear illegality." 

  • August 14, 2026

    Hemp Cos. Ask 6th Circ. To Keep Ohio Law On Pause

    Hemp manufacturers and sellers have asked the Sixth Circuit to uphold a lower court's ruling that paused the enforcement of an Ohio law that reclassified their products as marijuana.

  • August 14, 2026

    Texas Panel OKs Atmos' Win In Home Gas Leak Injury Suit

    A Texas appellate court has affirmed the dismissal of a suit alleging a family suffered injuries from gas leaks inside their home due to the negligence of Atmos Energy, saying the family failed to prove the utility knew about the dangerous condition but did nothing.

  • August 14, 2026

    Texas Justices Pass On Atty's Bid To Undo Exxon Sanctions

    The Texas Supreme Court on Friday declined to take up an appeal brought by a law firm challenging a sanction order issued after a lower court found it launched a frivolous lawsuit against Exxon Mobil Corp. related to the company's acquisition of Pioneer Natural Resources.

  • August 14, 2026

    Mich. Panel Keeps District Judge Off Ballot Over False Filing

    A western Michigan district judge will remain off the November ballot after a state appeals court ruled that her affidavit of identity contained a false statement about unpaid campaign finance fees, requiring state election officials to reject her candidacy. 

  • August 14, 2026

    11th Circ. Weighs Fiduciary Duty In Pension Calculation Suit

    The Eleventh Circuit on Friday seemed wary of a retiree's argument that an energy company violated federal benefits law by not warning pension plan members that rising interest rates would reduce their lump sum payments, with one judge saying the company would likely "get sued" if it provided financial advice based on an ever-changing market.

  • August 14, 2026

    Mass. Appeals Court Orders New Trial Over Pro Se Approval

    The Massachusetts Appeals Court has ruled that a state trial court wrongly allowed a man to take over management of his own criminal trial and shunt his lawyer to a standby role without legally required warnings and checks.

  • August 14, 2026

    NY AG Says 2nd Circ. Ruling Doesn't Back Pricing Law Case

    The New York Attorney General's Office has pushed back after RealPage Inc. told a New York federal court that a recent Second Circuit ruling supports the company's challenge to a state law prohibiting landlords from using software to share information and set residential rental rates.

  • August 14, 2026

    7th Circ. Won't Revive Elanco Investors' Securities Fraud Suit

    The Seventh Circuit Friday affirmed the dismissal of a lawsuit claiming Elanco Animal Health misled the market by forcing distributors to buy excess inventory to artificially inflate its sales figures, saying it could not draw a strong inference of fraudulent intent by Elanco executives.

  • August 14, 2026

    9th Circ. Denies Ex-Cop's Asylum Bid, But Calls For Better Test

    A Ninth Circuit panel affirmed the denial of asylum for a former El Salvador police officer targeted by the MS-13 gang, but urged the full court to revisit precedent that directed it to only consider mistreatment incurred after the man left the force.

  • August 14, 2026

    Fed. Circ. Overrules Precedent On Veteran Hiring Protections

    The Federal Circuit on Friday revived a disabled veteran's challenge to the U.S. Navy's handling of his promotion application, which the agency rejected after mistakenly finding he didn't submit certain documents, and then reviewed only after giving the job to someone else. 

  • August 14, 2026

    Feds Seek To Undo ADA Win In Fla. After DOJ Guidance Shift

    The federal government asked the Eleventh Circuit on Thursday to vacate a recent ruling upholding an injunction that found Florida's institutionalization of children with complex medical conditions violated the Americans with Disabilities Act, in light of a change in directives from the U.S. Department of Justice.

  • August 14, 2026

    5th Circ. Backs Investment Co.'s Sanction In Highland Ch. 11

    The Fifth Circuit on Friday decided to keep in place an $826,000 sanction against NexPoint Real Estate Partners, finding "clear and convincing evidence" showed it filed and litigated a bad-faith claim in the Chapter 11 case of defunct hedge fund Highland Capital Management LP.

  • August 14, 2026

    4th Circ. Altria Decision Spotlights Risks From ERISA Docs

    A recent Fourth Circuit decision in a retirement plan dispute between tobacco giant Altria and an ex-worker underscored how service provider contracts can introduce snags in litigation, with benefits attorneys warning that employers may want to review documents with the potential for disclosure in mind.

  • August 14, 2026

    Drone-Maker Gets Partial Do-Over In Chinese Gov't Ties Suit

    The D.C. Circuit Friday partially overturned a lower court win for the U.S. Department of Defense in its dispute with a drone-maker over being designated a Chinese military company, saying there is no publicly stated rationale for the decision.

  • August 14, 2026

    Cumulus Asks 2nd Circ. For Help With Nielsen Data Order

    Cumulus Media sought clarification Thursday from the Second Circuit on the timing of a district court order upheld last month barring Nielsen from conditioning access to national radio ratings data on buying Nielsen's local offerings, arguing that the ratings analytics company can't hold up obeying the injunction just because it's seeking reconsideration.

  • August 14, 2026

    6th Circ. Says Cops Forcing Man To Pee In His Yard Unlawful

    A Michigan man who was forced to urinate on his front lawn because police, who were conducting a search of his home, would not allow him to use his own bathroom had his Fourth Amendment rights violated, a Sixth Circuit panel determined on Thursday.

  • August 14, 2026

    9th Circ. Says Film Industry Pension Fight Needs 2nd Look

    The Ninth Circuit on Friday revived a set designer's suit claiming that the board of the Motion Picture Industry Pension Plans stood by while certain investment funds underperformed year over year, ruling a lower court should reassess whether the board acted imprudently under a clarified legal standard.

  • August 14, 2026

    Mich. Panel Gives Dog New Chance In Euthanasia Fight

    A Michigan appeals court has overturned an order requiring a Port Huron woman to euthanize her dog after he bit off a guest's nose, ruling that a lower court applied the wrong standard when deciding whether the guest provoked the dog by putting her face inches away from the dog's face.

Expert Analysis

  • What Justices Are Focusing On In 'Skinny Label' Patent Case

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    Though Hikma v. Amarin appears to be a patent dispute that could reshape inducement doctrine in the pharmaceutical context, oral argument suggests the U.S. Supreme Court may treat this as primarily a pleading-stage dispute, with important unresolved questions lurking beneath the surface, says Shashank Upadhye at Upadhye Tang.

  • Employer Tips After 4th Circ. Rejects Trimmed Suit Deadlines

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    The Fourth Circuit's recent holding in Thomas v. EOTech that employers cannot use contractual provisions to shorten statutory filing periods for Title VII or Age Discrimination in Employment Act claims offers a warning for employers to review any such documents and reassess their litigation risk, say attorneys at Ogletree.

  • Binance Win Shows Constraints On Anti-Terrorism Act Claims

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    The Southern District of New York's recent ruling in Troell v. Binance illustrates that the Second Circuit's earlier decision in Ashley v. Deutsche Bank is holding weight with courts, and companies facing aiding and abetting risk should thus monitor evolving case law and assess exposure based on nexus allegations, say attorneys at Freshfields.

  • Understanding The Insider Trading Gap In Prediction Markets

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    While the first-ever insider trading indictment involving a prediction market — the recent prosecution of a service member involved in the capture of Nicolás Maduro — comprised extreme facts and straightforward legal theories, future cases will test the bounds of insider trading law, say attorneys at Baker McKenzie.

  • Heppner Ruling Left AI Privilege Risk For Lawyers Unresolved

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    While a New York federal judge’s recent ruling in U.S. v. Heppner resolved a privilege question surrounding client-side artificial intelligence use, it did not address how to mitigate the risks that can arise when confidential information enters the operative context of an AI system used by an attorney, says Jianfei Chen at Quarles & Brady​​​​​​​.

  • How 10 Years Of Case Law Have Shaped The DTSA

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    As the Defend Trade Secrets Act reaches its 10th anniversary, attorneys at Ropes & Gray examine recent DTSA case law and highlight key takeaways regarding pleading requirements, damages and risk factors.

  • The Ethics And Practicalities Of Representing AI Agents

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    With autonomous artificial intelligence agents now able to take action without explicit instructions from — or the awareness of — their human owners, the bar must confront whether existing frameworks like informed consent and client privilege will be sufficient on the day an AI agent calls seeking counsel, say attorneys at Morrison Cohen.

  • Notable Q1 Updates In Insurance Class Actions

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    Notable insurance class action decisions from the first quarter of the year included reminders about the statute of limitations as a key defense for claims relating to allegedly deficient forms, the importance of focus on the specific contract at issue and further guidance on the contours of Rule 23, says Kevin Zimmerman at BakerHostetler.

  • 9th Circ.'s Silence Prolongs Uncertainty On Cemex Framework

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    By affirming a bargaining order in Cemex Construction Materials v. National Labor Relations Board without opining on the NLRB’s 2023 expansion of its authority to issue such orders, the Ninth Circuit avoided direct conflict with the Sixth Circuit’s rejection of the same framework, prolonging uncertainty for employers facing union elections, say attorneys at Dinsmore & Shohl.

  • Arguments Show Justices Vacillating On Geofence Warrants

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    Questions and statements by the justices during recent oral arguments in Chatrie v. U.S., probing the Fourth Amendment limits of geofence warrants, revealed a Supreme Court that is skeptical of the government’s most sweeping claims, uncomfortable with the petitioner’s broadest theories and searching for a narrow off-ramp, say attorneys at Rogers Joseph.

  • Surveying The CFTC Campaign To Control Prediction Markets

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    The U.S. Commodity Futures Trading Commission is simultaneously asserting exclusive jurisdiction over prediction markets and signaling aggressive enforcement within them, a combination that will reshape the regulatory landscape for event contract platforms — pending the outcome of several court cases throughout the country and a likely circuit split, say attorneys at Paul Weiss.

  • Series

    Speed Jigsaw Puzzling Makes Me A Better Lawyer

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    My passion for speed puzzling — I can complete a 500-piece jigsaw puzzle in under 50 minutes — has sharpened my legal skills in more ways than one, with both disciplines requiring patience, precision and the ability to keep the bigger picture in mind while working through the details, says Tazia Statucki at Proskauer.

  • Documenting Business Purpose After IRS' 10th Circ. Win

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    Following the Tenth Circuit’s recent Liberty Global v. U.S. decision, which held the economic substance doctrine does not require a threshold relevancy determination, taxpayers can prepare for potential audits by maintaining contemporaneous documentation and taking other steps that demonstrate the business purpose of transactions, say attorneys at Crowell & Moring.

  • Why White Collar Juries Resist 'Honest Mistake' Defenses

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    Cases like the bribery conviction of a Cincinnati City Council member recently vacated by the U.S. Supreme Court show juries often reject “I made an honest mistake” as a white collar defense, but attorneys who understand why jurors convict defendants who made reasonable but flawed decisions can strategize around this, says Jonathan Porter at Husch Blackwell.

  • High Court's Cox Ruling Leaves ISP Copyright Rules Intact

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    Though some commentators predicted a cataclysmic impact from the U.S. Supreme Court's recent decision in Cox v. Sony, in actuality the decision correctly maintains the status quo for internet providers' copyright infringement liability, says Courtney Sarnow at CM Law.

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