Appellate

  • January 29, 2026

    Attacks Haven't Killed Judiciary's AI Rule, May Strengthen It

    Federal judiciary advisers Thursday confronted the most extensive opposition yet in their campaign to ensure the reliability of evidence utilizing artificial intelligence, but the criticism appeared constructive, possibly upping the odds of a digital age addition to U.S. court rules.

  • January 29, 2026

    Fed's Master Account Stance Goes Too Far, 2nd Circ. Told

    The Federal Reserve's claim of broad discretion to cut financial institutions off from master accounts could turn these U.S. payment system gateways into potential tools of partisan warfare, an attorney for a Puerto Rico bank told a Second Circuit panel Thursday.

  • January 29, 2026

    Ex-Worker Says Goldstein Offered Crypto, Gifts As IRS Probed

    A former employee at Thomas Goldstein's law firm who resigned after the Internal Revenue Service began investigating the firm said that the SCOTUSblog founder suddenly began offering her bitcoin, payment from case settlements and potential student loan relief after federal agents visited the office.

  • January 29, 2026

    NC Vape Sale Limits Face Preemption Test At 4th Circ.

    Counsel for vape manufacturers and sellers implored the Fourth Circuit Thursday to agree with an interpretation of the federal Food, Drug, and Cosmetic Act that would preempt a new North Carolina law that regulates and prohibits the sale of certain e-cigarette or "vape" products.

  • January 29, 2026

    7th Circ. Mulls Army Motto's Protection In TM Retrial Bid

    The Seventh Circuit seemed unsure Thursday whether it should grant a California-based T-shirt company relief from a trademark trial loss over its use of the phrase "This We'll Defend" on its products, questioning whether the phrase is too common to warrant protection under federal or common law.

  • January 29, 2026

    3 Fed. Circ. Clashes To Watch In February

    The Federal Circuit's argument calendar for next month includes the latest round of the patent slugfest between VLSI Technology and Intel Corp. as well as a patent owner's bid to escape a ruling that it must pay $4 million in attorney fees for a "baseless" suit against EMC Corp.

  • January 29, 2026

    Chicago White Sox Must Face José Abreu Mural Injury Suit

    An Illinois appeals court has revived a suit seeking to hold the Chicago White Sox liable for a stadium worker's injuries after she tripped on a life-sized José Abreu mural, saying a jury must decide whether the mural's wooden legs were an obvious hazard.

  • January 29, 2026

    4th Circ. Told EPA's W.Va. Haze Approval Broke Law

    Two environmental groups have urged the Fourth Circuit to vacate the U.S. Environmental Protection's approval of a regional air quality plan in West Virginia, arguing it allows power plants in the area to skirt required pollution controls.

  • January 29, 2026

    No New Trial For Atty Who Sued For Nassar Scandal Work Pay

    A former associate from a Houston-based law firm lost his request to revive his wage and hour suit stemming from purported missteps he made while working as a defense attorney for former Olympic gymnastics coaches Bela and Martha Karolyi following the Larry Nassar scandal, after a Texas appeals court said Thursday he neglected to preserve the alleged errors he challenged.

  • January 29, 2026

    Boulder County Residents Lose Easement Appeal

    A Colorado Court of Appeals panel found Thursday in a ruling of first impression that adjacent property owners lack standing to challenge the termination of a conservation easement in a group of Boulder County landowners' appeal against the county.

  • January 29, 2026

    7th Circ. Questions Gov't Entering Nonprofit's ADA Fight

    The Seventh Circuit seemed skeptical Thursday that it should allow the U.S. government to intervene in a discrimination lawsuit targeting an Illinois village's refusal to let a nonprofit organization open a substance abuse treatment facility within its borders.

  • January 29, 2026

    11th Circ. Shields Deputy In Fatal Drunken-Driving Case

    The Eleventh Circuit ruled Thursday that an off-duty sheriff's deputy who fled the scene after drunkenly crashing his patrol car into another vehicle and killing a man is entitled to qualified immunity on a civil rights claim, ruling the conduct did not clearly violate the Constitution even if it was egregious.

  • January 29, 2026

    Conn. Drug Price Cap Survives Distributor Challenge, For Now

    The Second Circuit has declined a bid to immediately block the state of Connecticut from enforcing a cap on generic and off-patent drug prices while the Healthcare Distribution Alliance, a collection of wholesale distributors, challenges the new law.

  • January 29, 2026

    Ex-Steel Worker Tells 11th Circ. $0 OT Award Can't Stand

    A former worker asked the Eleventh Circuit Thursday to order a new trial in a suit accusing an Alabama steel mill of failing to fully compensate him for hours worked and overtime, arguing there was nothing to support the jury awarding him $0 in Fair Labor Standards Act damages.

  • January 29, 2026

    Atty Error On Medical Records Info Leads To New Abuse Trial

    A Massachusetts intermediate appellate court on Thursday found that a defense lawyer's failure to object to the admission of unredacted medical records that contained a mother's statements about the alleged sexual abuse of her child requires a new trial.

  • January 29, 2026

    11th Circ. Says Harsher Penalty Justified In Robbery Case

    The Eleventh Circuit on Thursday affirmed the application of a violent crime enhancement to a man's sentence for bank robbery, upholding a rule by the U.S. Sentencing Commission that a prior conviction for attempted robbery triggers the elevated punishments under federal law.

  • January 29, 2026

    6th Circ. Tosses Black Flight Attendant's Race Bias Suit

    The Sixth Circuit declined Thursday to reinstate a Black Delta flight attendant's suit claiming she was disciplined out of racial bias following a verbal altercation with a colleague, ruling the airline acted fairly based on evidence that the flight attendant made an alleged threat during the incident.

  • January 29, 2026

    6th Circ. Backs Gov't In $125K Crypto Forfeiture Case

    The Sixth Circuit has sided with the U.S. government in a suit over its rights to more than $100,000 in allegedly laundered cryptocurrency, ruling the previous receivers of the funds missed the deadline to bring a claim after the government seized the assets.

  • January 29, 2026

    NY Appeals Court Vacates Guilty Plea In Attempted Rape Case

    A man who has served a more than 20-year prison term after he pled guilty to attempted rape in Manhattan had his sentence reversed Thursday, after a New York state appeals court found he was convinced to admit guilt on false pretense.

  • January 29, 2026

    Congress' Limited Tariff Role May Persist After Justices Rule

    The U.S. Supreme Court's ruling on President Donald Trump's emergency tariffs could leave the door open for Congress to play a larger role in trade policy heading into November's midterms, but that opportunity may pose few political incentives for lawmakers.

  • January 29, 2026

    Landmark Divestiture Order Scrutinized By 4th Circ. Again

    A Fourth Circuit panel questioned whether door manufacturer Steves and Sons Inc. needs to prove its case all over again to save a landmark order requiring its rival Jeld-Wen to unload a Pennsylvania factory during Thursday's oral argument on a bid to vacate the ruling.

  • January 29, 2026

    Full 6th Circ. To Review Cert. In State Farm Vehicle Value Suit

    The full Sixth Circuit agreed Thursday to review the certification of a class of approximately 90,000 State Farm policyholders in a suit claiming the insurer systematically undervalues totaled vehicles, setting aside a previous order affirming the certification.

  • 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.

Expert Analysis

  • 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.

  • 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.

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