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Appellate
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January 09, 2026
DOL Praises Resolution Of Home Depot 401(k) Battle
The U.S. Department of Labor on Friday lauded the withdrawal of a petition for high court review from Home Depot employees who alleged their 401(k) plan was mismanaged, saying the end of the case shows the department's commitment to getting rid of "regulation by litigation."
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January 09, 2026
7th Circ. Upholds Ex-Atty's Conviction In Burke Bribery Case
The Seventh Circuit on Friday kept in place the conviction and 32-month prison sentence of a Chicago real estate developer and former attorney for offering legal work to ex-Alderman Edward Burke as a bribe for help with a zoning permit, finding the government presented sufficient evidence to support a guilty verdict and arguments to the contrary were "unavailing."
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January 09, 2026
Pa. Justices Urged To Apply Jarkesy To State Proceedings
A Pennsylvania financial professional has asked the state's Supreme Court to consider, in a matter of first impression, whether the state Constitution guarantees a right to a jury trial in securities fraud enforcement actions brought by the state regulator, arguing that the U.S. Supreme Court's Jarkesy ruling should be incorporated against states.
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January 09, 2026
Worker's Poor Performance Dooms Bias Suit, 4th Circ. Says
The Fourth Circuit declined to revive a Black USPS worker's retaliation suit claiming her white boss crafted a paper trail to oust her after she filed a race bias complaint against him, ruling Friday that she couldn't overcome evidence that her repeated performance issues got her temporarily fired, not bias.
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January 09, 2026
Fed. Circ. Won't Rehear Nev. Tribe's $208M Water Rights Suit
The Federal Circuit has declined a Nevada tribe's petition for an en banc or panel rehearing on a decision to dismiss $208 million breach of trust allegations against the Bureau of Indian Affairs over water rights.
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January 09, 2026
9th Circ. Revives Suit Over Milliman's 'Fuzzy Matching' Tactic
The Ninth Circuit on Friday reversed a decision tossing one of two classes in litigation accusing consulting firm Milliman of peddling inaccurate information by using a strategy known as "fuzzy" data matching to compile its reports, saying the lower court applied a too-high standard at the summary judgment stage for showing class members were harmed.
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January 09, 2026
10th Circ. Says Judge Didn't Cross A Line In Plea Deal Dispute
A federal judge who told a man that a plea deal for distributing methamphetamine could be rescinded if he did not agree to it did not act inappropriately, a unanimous Tenth Circuit panel ruled Friday, finding the lower court had not interfered with negotiations by providing factual information.
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January 09, 2026
USPTO Pushes Back At Tesla PTAB Policy Fight At Fed. Circ.
The U.S. Patent and Trademark Office and the owner of three patents for self-driving vehicles urged the Federal Circuit on Friday to ignore Tesla's argument that the USPTO can't use the time before trial in patent litigation to deny patent reviews before the Patent Trial and Appeal Board.
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January 09, 2026
4th Circ. Frees Man Convicted For Speech After 9/11
A lecturer and scholar of Islam convicted of inducing others to levy war against the U.S. after Sept. 11, 2001, was freed from serving his remaining sentence Friday, when a unanimous Fourth Circuit panel ruled that his speech was protected under the First Amendment.
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January 09, 2026
Texas Justices Say Judges Can Refuse Same-Sex Marriages
The Texas Supreme Court on Friday told the Fifth Circuit that judges can refuse to perform same-sex marriages on moral or religious grounds, opening the door for the federal appeals court to find that state judges can refuse to perform the unions.
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January 09, 2026
Attys, Broker Ask 4th Circ. To Overturn Tax Fraud Convictions
Two St. Louis tax attorneys and a North Carolina insurance broker have asked the Fourth Circuit to unravel their convictions for participating in a $22 million tax scheme, arguing the government failed to prove at trial that the tax plan they used was actually illegal.
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January 09, 2026
Justices To Resolve Split On SEC Disgorgement Powers
The U.S. Supreme Court on Friday agreed to hear a case that could resolve a circuit split over whether the U.S. Securities and Exchange Commission has to prove investor harm in order to secure disgorgement from alleged fraudsters.
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January 09, 2026
Justices Will Weigh FCC's Monetary Penalty Powers
The U.S. Supreme Court agreed Friday to take a look at the Federal Communications Commission's authority to issue fines by announcing it would review both a Fifth Circuit ruling in AT&T's favor curtailing the agency's ability to issue fines using its own in-house legal process and a case that Verizon lost in the Second Circuit.
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January 09, 2026
Sanchez Energy Lenders Float Deal To End Ch. 11 Lien Fight
The owners of the reorganized equity in oil driller Sanchez Energy proposed a deal Friday in Texas bankruptcy court that will end lien-related litigation with unsecured creditors by paying $8.5 million of legal fees incurred by representatives for those creditors in the fight over rights to equity recoveries in the Chapter 11 case.
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January 09, 2026
Gov't Tells 4th Circ. SC Residents Can't Challenge Marsh Plan
The federal government has urged the Fourth Circuit to uphold the dismissal of a suit filed by South Carolina property owners challenging the approval of a local marsh mitigation bank plan, arguing the property owners lack Article III standing and their claims are "speculative."
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January 09, 2026
Board Says Only Imminent, Credible Threats Are Persecution
The Board of Immigration Appeals ruled Friday that death threats by themselves don't constitute persecution unless they are both credible and issued by someone who has the ability to immediately carry them out.
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January 09, 2026
4 Argument Sessions That Benefits Attys Should Watch In Jan.
The U.S. Supreme Court will zero in on the methodology for assessing liability for pulling out of a multi-employer pension fund, and the circuit courts will hear bids to revive suits over alleged 401(k) mismanagement and deferred compensation. Here, Law360 looks at a quartet of oral arguments coming up in January.
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January 09, 2026
DC Circ. Won't Rethink MSPB Firing Ruling
The D.C. Circuit's decision to permit the president's removal of Merit Systems Protection Board member Cathy Harris despite her statutory job protections will stand after the full court declined to rehear her firing challenge Friday.
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January 09, 2026
3rd Circ. Upholds Prudential's Win In 401(k) Suit
A Third Circuit panel on Friday upheld the dismissal of a suit alleging a class of Prudential Insurance Co. workers was deprived of millions of dollars in their retirement plans through mismanagement, agreeing with the lower court's holding that Prudential made careful investment decisions.
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January 09, 2026
Panel OKs Sentence In Ex-Ky. Prosecutor Sex Bribe Scandal
A former Kentucky state prosecutor must serve 41 months behind bars after a Sixth Circuit panel upheld his conviction on wire fraud and government bribery charges tied to his alleged criminal scheme of assisting a criminal defendant in exchange for sexual favors and explicit photos.
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January 09, 2026
Comey, James Fight DOJ Push To Combine Dismissal Appeals
Former FBI Director James Comey and New York Attorney General Letitia James are pushing back against federal prosecutors' effort to consolidate their currently separate appeals of the beleaguered prosecutions against the pair at the Fourth Circuit.
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January 09, 2026
4th Circ. Asks If NCAA's W.Va. Eligibility Appeal Is Now Moot
The NCAA and four West Virginia University football players have until Jan. 21 to tell the Fourth Circuit whether the collegiate athletic association's appeal of an injunction making the players eligible this season is moot, now that the season is over.
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January 09, 2026
Mass. Panel Says Bruen Shifted Gun License Rules
A Massachusetts town police chief was wrong to deny a woman a firearms license because her husband had been charged with vandalism, a state appeals court held on Friday, ruling the standard is only whether the woman herself is likely to be a safety risk under a recent U.S. Supreme Court decision.
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January 09, 2026
8th Circ. Orders Review Of Police Immunity Denial
A panel of the Eighth Circuit has sent a man's excessive force claims against Arkansas police officers back to a lower court for reassessment, finding a judge's initial analysis denying qualified immunity to the officers was incomplete.
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January 09, 2026
Golfer Asks 11th Circ. To Reinstate Shattered Club Suit
A Georgia man urged the Eleventh Circuit on Friday to revive his suit alleging he was injured by a Callaway golf club that shattered in his hands on a driving range, arguing that a federal district judge improperly "resolved classic jury questions as a matter of law" in the manufacturers' favor.
Expert Analysis
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5 Tariff And Trade Developments To Watch In 2026
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.
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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.