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Appellate
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January 13, 2026
4th Circ. Combines DOJ Appeals Of Comey, James Dismissals
The Fourth Circuit has granted the Trump administration's request to combine its previously separate appeals of the dismissals of prosecutions against former FBI Director James Comey and New York Attorney General Letitia James.
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January 13, 2026
Fed. Circ. Gives Apple New Shot At Axing Smart Mobile Patent
The Federal Circuit on Tuesday revived Apple's challenge at the Patent Trial and Appeal Board to a technology patent that Smart Mobile Technologies LLC accuses it of infringing.
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January 13, 2026
'Sazerac Stitches' TM Too Similar To Sazerac, Fed. Circ. Says
The Federal Circuit on Tuesday affirmed a trademark tribunal's refusal to register "Sazerac Stitches" for a variety of home goods and decor items because of potential confusion with the distilled spirits and cocktail accessories sold by Sazerac Brands LLC.
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January 13, 2026
Harvard Seeks 1st Circ. Backing For Student Visa Program
The federal government "has no persuasive defense" of its efforts to bar international students from enrolling at Harvard University, the school told the First Circuit in asking the court to uphold an order enjoining the move.
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January 13, 2026
Express Scripts Can't Impel FTC Atty Views On Insulin Makers
A Federal Trade Commission in-house judge has denied a bid from Express Scripts to force a commission attorney to sit for a deposition to discuss an investigation into insulin manufacturers as the pharmacy benefit manager defends against the agency's insulin pricing case.
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January 13, 2026
Jack Smith To Testify Publicly Next Week
Former special counsel Jack Smith is slated to testify publicly before the House Judiciary Committee on Jan. 22 after, according to his attorney, having been "ready and willing" to do so for a while.
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January 13, 2026
J&J Wins Partial Reversal Of $1B Merger Milestone Loss
Delaware's Supreme Court has partially reversed a vice chancellor's September 2024 ruling that Johnson & Johnson owes more than $1 billion for failing to prioritize regulatory approvals linked to "earnout" payments for robotic surgical device technology that J&J acquired from a developer.
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January 13, 2026
Mass. Court Clears Title Insurer In Lender's Foreclosure Loss
A title insurance company's successful effort to dissolve a previously missed $1.6 million attachment on a piece of property was all that was required to absolve it of liability to a second mortgage lender after the primary lender foreclosed, a panel of Massachusetts' intermediate-level appeals court concluded Tuesday.
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January 13, 2026
Ga. Panel Doesn't Blink At $50M Bungled Root Canal Verdict
The Georgia Court of Appeals appeared skeptical Tuesday of an Atlanta dentist's bid to overturn a $50 million malpractice verdict against him over a botched root canal, doubting that the award necessarily "shocks the conscience" merely because an earlier, smaller verdict was thrown out on that basis.
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January 13, 2026
Tribal Groups Weigh In On High Court Miss. Ballot Dispute
A group of Native American organizations is backing a U.S. Supreme Court petition that looks to reverse a Fifth Circuit determination on Mississippi's law regarding late-arriving mail-in ballots, arguing that not allowing states to extend receipt deadlines will lead to further disenfranchisement of Indigenous people.
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January 12, 2026
US Backs Tarnishment Provision Constitutionality At 9th Circ.
Jack Daniel's has urged the Ninth Circuit to affirm a district court's ruling that a company's poop-themed "Bad Spaniels" dog toy tarnished the whiskey maker's trademark, while the federal government separately opposed the toy maker's contention that the Lanham Act's tarnishment provision violates the First Amendment.
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January 12, 2026
Gov't Fights Block Of EOs Curbing Federal Unions At 9th Circ.
The Trump administration urged a Ninth Circuit panel Monday to scrap a preliminary injunction blocking President Donald Trump's executive order that eliminates labor contracts for purported "national security agencies," arguing that federal courts lack jurisdiction over the dispute and the president is afforded broad deference in such national security determinations.
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January 12, 2026
5th Circ. Won't Revive TMX's Texas Challenge To $52M Pa. Fine
An affiliate of consumer lender TMX Finance can't use Texas federal courts to challenge the enforcement of Pennsylvania's consumer lending interest rate cap by the Keystone State's financial regulator, the Fifth Circuit has determined.
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January 12, 2026
The Curious, Very Long Delay In A Pioneering Drug Prices Suit
When Merck & Co. launched a fiery challenge to Medicare's landmark drug price negotiations, it blazed a trail for many similar suits. But 31 months later, the challenge is stalled where it started as Merck begs for a ruling, other suits speed along the path it created and huge costs now seem unavoidable.
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January 12, 2026
Viamedia Seeks Late Addition To Ad Market Witness List
Viamedia Inc. asked an Illinois federal judge to allow a post-discovery witness addition to an upcoming trial against Comcast over competition in the cable ad sales market, saying it discovered the man's relevant knowledge after he joined Viamedia's board.
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January 12, 2026
Attorneys Chastened By Fed. Circ.'s ITC Mixed Deadline Ruling
A Federal Circuit decision concluding that certain mixed rulings from the U.S. International Trade Commission can generate different appeal deadlines, even when issued in the same document, is a reminder of just how strict courts can be when handling unclear appeal due dates, attorneys told Law360.
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January 12, 2026
8th Circ. Lifts Injunction On Advisory Firm's Rival, Ex-Staff
Investment advisory firm Choreo LLC improperly got a preliminary injunction after claiming that former employees and a competitor stole trade secrets, the Eighth Circuit found Monday, ruling that the injunction was unwarranted because relevant losses to Choreo are calculable and associated damage has already been done.
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January 12, 2026
Dentist Doesn't Get High Court Review Of Murder, Fraud Case
The U.S. Supreme Court Monday declined to hear an appeal from a dentist convicted of killing his wife in Zambia after he sought review by arguing that federal prosecutors violated a forum shopping law that dates back to the nation's founding.
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January 12, 2026
Fed. Circ. Preserves Google, Keysight, Instacart Patent Wins
The Federal Circuit on Monday summarily affirmed decisions from three patent appeals that panels heard at the end of last week, shooting down bids from WSOU Investments LLC, Centripetal Networks LLC and Consumeron LLC.
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January 12, 2026
The Issues That Could Decide The Tom Goldstein Tax Case
Federal prosecutors are set to begin making their case against famed U.S. Supreme Court lawyer and SCOTUSblog founder Tom Goldstein at trial Wednesday, alleging that he deliberately hid millions of dollars in high-stakes poker winnings from the Internal Revenue Service between 2016 and 2021 and lied on mortgage applications.
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January 12, 2026
Nielsen Gets 4-Day Pause On National-Local Data Tying Block
Nielsen has just four days to seek Second Circuit intervention before an order goes into effect blocking it from conditioning full access to its nationwide radio data on also buying local data, after a New York federal judge refused Monday to pause that mandate beyond a brief administrative stay.
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January 12, 2026
Fla. Court Orders Repairs Of Partially Demolished Condo
A Florida state court judge on Monday ordered a developer to repair a waterfront condominium it had begun to strip, after it jumped the gun while embroiled in litigation with eight holdout condominium owners.
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January 12, 2026
5th Circ. Urged Again To Find FCC Subsidy Regime Unlawful
A conservative think-tank has again launched a Fifth Circuit legal challenge to the federal government's fee regime used to pay for telecommunications subsidies, less than a year after the U.S. Supreme Court upheld the funding arrangement's constitutionality.
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January 12, 2026
Texas Court Says Medical Expert Wrongly Excluded At Trial
A Texas appellate court has reversed a defense verdict and ordered a new trial in a suit accusing three doctors of negligent post-operative treatment for a gallbladder patient that caused sepsis and ultimately death, saying the trial court wrongly excluded the testimony of the plaintiff's sole expert witness.
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January 12, 2026
Justices Won't Review Exonerees' Mass. Forfeiture Case
The U.S. Supreme Court on Monday declined to consider reviving a lawsuit that sought to return money and property seized through forfeiture to thousands of Massachusetts residents whose drug convictions were thrown out because of falsified chemical tests.
Expert Analysis
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Higher Expectations For 'Schedule A' IP Suits On The Horizon
Two 2025 rulings may reflect a growing judicial discomfort with the current state of Schedule A litigation — intellectual property lawsuits that typically involve brand owners suing multiple defendants doing business on e-commerce platforms — and that evidentiary submissions and temporary restraining order requests may face more rigorous review, says Dylan Scher at Quinn Emanuel.
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Series
Law School's Missed Lessons: Intentional Career-Building
A successful legal career is built through intention: understanding expectations, assessing strengths honestly and proactively seeking opportunities to grow and cultivating relationships that support your development, say Erika Drous and Hillary Mann at Morrison Foerster.
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Key Trends In PFAS Regulation And Litigation For 2026
As 2026 begins, the legal and regulatory outlook for per- and polyfluoroalkyl substances is defined less by sweeping federal initiatives and more by incremental adjustments, judicial guardrails and state-driven regulations — an environment in which proactive risk management and close monitoring of policy developments will be essential, say attorneys at MG+M.
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2nd Circ. Ruling Shows Procedural Perils Of Civil Forfeiture
The Second Circuit’s recent U.S. v. Ross decision, partially denying the return of an attorney's seized funds based on rigid standing requirements, underscores the unforgiving technical complexities of civil asset forfeiture law, and provides several lessons for practitioners, says Elisha Kobre at Sheppard Mullin.
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Justices' Separation-Of-Powers Revamp May Hit States Next
The U.S. Supreme Court's 2024 decision in U.S. Securities and Exchange Commission v. Jarkesy quietly laid the groundwork for an expansion of the court's separation-of-powers agenda beyond the federal level, but regulated parties and state and local governments alike can act now to anticipate Jarkesy's eventual wider application, say attorneys at Troutman.
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3 Securities Litigation Trends To Watch In 2026
Pending federal appellate cases suggest that 2026 will be a significant year for securities litigation, with long-standing debates about class certification, new questions about the risks and value of artificial intelligence features, and private plaintiffs' growing role in cryptocurrency enforcement likely to be major themes, say attorneys at Willkie.
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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.