Appellate

  • June 30, 2026

    Tax Court Withheld Evidence In Easement Row, 10th Circ. Told

    The U.S. Tax Court's improper withholding of an appraiser report as evidence resulted in a flawed opinion last year that substantially slashed the value of a North Carolina conservation easement donation by 94%, the partnership donor told the Tenth Circuit.

  • June 30, 2026

    6th Circ. Says Insurers Needn't Cover Malpractice Suit

    A woman's legal malpractice claim against a Michigan law firm that represented her in a medical malpractice action is excluded under the firm's professional liability policies, the Sixth Circuit ruled, affirming the toss of her suit seeking to recoup coverage.

  • June 30, 2026

    Mass. Justices OK $258K In Late Estate Tax Penalties, Interest

    Penalties and interest of more than $250,000 on a Massachusetts estate tax bill paid nearly seven years late were reasonable and lawful, the state's top court affirmed Tuesday.

  • June 30, 2026

    High Court Sends 3 Roundup Cases Back After Monsanto Win

    The U.S. Supreme Court on Tuesday sent back several cases over claims that Bayer unit Monsanto Co.'s Roundup weed killer causes cancer, after the court last week delivered its ruling that state-based claims about a failure to warn on the weedkiller's labeling are barred by federal law.

  • June 30, 2026

    Justices Will Hear Challenges To Semiautomatic Rifle Bans

    The U.S. Supreme Court on Tuesday accepted Second Amendment challenges to semiautomatic rifle bans in Cook County, Illinois, and the state of Connecticut, combining two cases to decide whether the Constitution guarantees the right to possess AR-15-style weapons.

  • June 30, 2026

    Colorado Justices Reject Redistricting Ballot Measures

    The Colorado Supreme Court rejected two proposed ballot initiatives that would have temporarily replaced the state's current congressional map for the 2028 and 2030 elections, finding the measures improperly bundled multiple subjects into a single question for voters.

  • June 30, 2026

    Apple Gets High Court Review Of Epic Case Sanctions

    The U.S. Supreme Court agreed Tuesday to take up Apple's challenge to a California federal court contempt order against it for violating a ban, won by Epic Games, on company policies that barred app developers from steering users to outside payment options.

  • June 30, 2026

    Trump Loses Bid To Remove Copyright Office Leader For Now

    The U.S. Supreme Court on Tuesday refused to let the Trump administration remove U.S. Copyright Office leader Shira Perlmutter for now, leaving in place a D.C. Circuit order that allows her to keep leading the office while her lawsuit challenging her firing proceeds.

  • June 30, 2026

    High Court Scraps Caps On Coordinated Campaign Spending

    The U.S. Supreme Court on Tuesday struck down federal limits on political party spending in coordination with individual candidates, agreeing with a Republican-led challenge that the caps violate the First Amendment.

  • June 30, 2026

    Justices Strike Down Trump's Birthright Citizenship Order

    The U.S. Supreme Court on Tuesday thwarted President Donald Trump's attempt to limit birthright citizenship to babies born to parents with permanent ties to the United States, finding the 14th Amendment cannot be read that narrowly — a decision dissenting justices fear will jeopardize the country's future.

  • June 30, 2026

    Trump Nominates Just Confirmed La. Judge For 5th Circ.

    Judge Anna St. John has been on the federal bench for less than four months, and now she's being put forth for a higher court.

  • June 30, 2026

    Justices Allow States To Bar Trans Athletes From Girls' Sports

    The U.S. Supreme Court on Tuesday cleared the way for states to ban transgender athletes from competing in women's and girls' sports, ruling that the restrictions do not amount to discrimination on the basis of sex.

  • June 29, 2026

    High Court Gives Fed Independence A 'Fragile' Reprieve

    The U.S. Supreme Court has thrown its weight behind Federal Reserve independence by rejecting President Donald Trump's bid to immediately oust Fed Gov. Lisa Cook, but experts say the fight over central bank control may not be finished — just moving to a new phase.

  • June 29, 2026

    Volatility May Follow As Justices Make Agency Firings Easier​​​​​​​

    The policies and enforcement priorities of federal agencies may fluctuate more rapidly based on who is president, as a result of the U.S. Supreme Court's Monday decision finding that presidents have unlimited authority to fire members of independent agencies, experts told Law360.

  • June 29, 2026

    Calif. Firm Can't Arbitrate Ex-Clients' Sex-Abuse Deal Claims

    A California appellate court Monday said McGrath Kavinoky LLP can't arbitrate allegations it "bullied" two women into accepting a $374 million settlement for hundreds of clients claiming sexual abuse by a UCLA Health gynecologist, saying the firm's failure to obtain consent to the foreseeable conflicts made its engagement agreements unenforceable.

  • June 29, 2026

    Ore. Top Court Takes PacifiCorp Case As Judge Won't Recuse

    The Oregon Supreme Court has agreed to hear an appeal of a decision overturning PacifiCorp's classwide liability for wildfire damages affecting about 2,000 property owners, days after an appeals judge who did work for the utility in private practice declined to recuse herself.

  • June 29, 2026

    Wash. Panel Revives Claims Over Fertility Operation Injury

    A Washington appeals panel revived two claims against healthcare providers lodged by the family of a woman who suffered permanent brain damage as the result of an allergic reaction during an egg-retrieval procedure, ruling Monday that a lower court was wrong to toss the claims.

  • June 29, 2026

    Justices Look To Shed Light On Jury Role In Pepsi TM Battle

    The U.S. Supreme Court's decision to hear a trademark fight over PepsiCo's "Mtn Dew Rise Energy" drink gives the justices a chance to clarify when juries, rather than judges, should decide whether a mark is inherently strong — a narrow question that attorneys say could affect how often infringement cases survive summary judgment.

  • June 29, 2026

    Gov't Arg. For DOGE Access Stay Is 'Red Herring,' Judge Says

    The Trump administration can't convince a Maryland federal judge to rescind her order opening discovery into allegations the Department of Government Efficiency flouted her orders to stop accessing sensitive Social Security Administration data.

  • June 29, 2026

    9th Circ. Revives Felon's Case Over Cash Nicked By FBI Agent

    An Ohio man who pled guilty to drug trafficking charges will have a second shot at arguing that he should get back $218,000 that was found in his safe but stolen by an FBI agent, under a Ninth Circuit decision issued Monday.

  • June 29, 2026

    3rd Circ. Preview: DuPont Pensions, Detainees' Court Access

    An appeal testing the limits of ERISA fiduciary liability goes before the Third Circuit in July when DuPont and Corteva seek to overturn a district court ruling that a corporate spinoff damaged employees' retirement benefits. The court will also hear argument on whether heavy equipment giant Caterpillar forced a competitor out of business by pressuring a vendor. Here are some highlights from the court's July calendar.

  • June 29, 2026

    Illinois Panel Says $2M Med Mal Deal Bars Hospital Liability

    A split Illinois appellate panel ruled Monday that a $2 million medical malpractice settlement between a patient and an emergency room doctor barred claims against a hospital, saying a clause in the settlement agreement didn't trump Illinois legal precedent.

  • June 29, 2026

    The End Of An 'Independent' FTC

    Federal Trade Commission members, responsible for merger review, antitrust enforcement, consumer protection safeguards and rulemaking, and industry analysis, no longer serve at a remove from presidential authority, thanks to Monday's U.S. Supreme Court ruling that could dramatically remake the FTC and other independent agencies.

  • June 29, 2026

    Hospital That Halted Gender Care Must Show Cause

    A Colorado state court judge issued a citation on Friday to Children's Hospital Colorado ordering it to show cause for why the hospital refuses to provide gender-affirming care to patients in violation of a preliminary injunction order issued by the Colorado Supreme Court. 

  • June 29, 2026

    Trump Admin To Appeal Block On Voter Database Expansion

    The Trump administration is appealing a D.C. federal judge's decision to block its expansion of a database that allows states to screen voters.

Expert Analysis

  • Series

    NY Times Word Puzzles Make Me A Better Lawyer

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    Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

  • Tracking Tech Suit Is A Risk Management Reminder For Cos.

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    The Fifth Circuit recently heard oral argument in Rand v. Eyemart Express — an appeal that could reshape the legal landscape for businesses that deploy tracking tech on their websites — underscoring the importance of proactive risk management for companies across multiple industries, say attorneys at Blank Rome.

  • Series

    Law School's Missed Lesson: Diagnose Before Arguing

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    Law school often skips over explicitly teaching students how to determine what kind of problem a case presents before they commit to a particular doctrinal path, which risks building arguments that are internally coherent but externally misaligned, says Melanie Oxhorn at Kobre & Kim.

  • A Fed. Circ. Blueprint For Drafting Medical Device Patents

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    The Federal Circuit's decision in Constellation Designs v. LG last month, among other recent rulings, underscores the importance of emphasizing engineering, rather than clinical goals, when drafting patent claims for medical devices and software as a medical device, says Brandon Theiss at Volpe Koenig.

  • Decoding Arbitral Disputes: EU's Arb. Defense From Russia

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    The EU's latest package of restrictive measures against Russia marks a significant shift from merely resisting Russian jurisdictional tactics to proactively protecting arbitration and exclusive jurisdiction agreements, elevating the procedural importance of dispute resolution clauses, says Josep Galvez at 4-5 Gray's Inn Square.

  • Becoming The Biz-Savvy GC That Portfolio Companies Need

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    Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

  • Nielsen Appeal Tests Antitrust Limits Of Pricing And Bundling

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    In Cumulus v. Nielsen, the Second Circuit is considering a structural pattern in which a monopolist exploits upstream market power to foreclose downstream competition, which could potentially offer broad insight into how courts will assess exclusionary bundling and pricing defenses under antitrust law, says Luke Hasskamp at Bona Law.

  • Series

    Judges On AI: How Courts Can Survive The Tech Revolution

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    Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

  • 'Skinny Label' Arguments Spotlight Induced Infringement Risk

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    Recent oral arguments before the U.S. Supreme Court in Hikma Pharmaceuticals v. Amarin Pharma highlight the uncertain boundary between lawful generic competition through so-called skinny labels and induced patent infringement, with potential implications for patent holders’ communication, enforcement and causation strategies across industries, says Anton Hopen at Trenam.

  • A Framework For Habeas Relief After 5th Circ. Bond Ruling

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    Following the Fifth Circuit’s recent Buenrostro-Mendez v. Bondi decision foreclosing statutory bond for detained nonimmigrants not deemed admitted to the U.S., lawyers should adopt a framework that requests habeas relief pursuant to the Fifth Amendment’s due process clause, says Kemal Hepsen at Mandamus Lawyers.

  • 4th Circ. Ruling Will Rewrite Class Action Litigation Strategies

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    The Fourth Circuit's recent decision in Oliver v. Navy Federal Credit Union is the first from a federal circuit court to hold that motions to strike are inappropriate vehicles for challenging class allegations at the pleading stage, invalidating a tactic that had been used for decades, says Jim Francis at Francis Mailman.

  • Startup Founder Disputes Increasingly Turn On Governance

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    Recent Delaware developments suggest that as courts place increasing emphasis on board process, independence and oversight in founder-led startups, the growing intersection of governance, technology risk and investor oversight is accelerating both the emergence and escalation of founder disputes, says mediator Frank Burke.

  • 3 AI Adoption Mistakes GCs Should Avoid

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    The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

  • Series

    Playing Basketball Makes Me A Better Lawyer

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    My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

  • Salt-N-Pepa Suit May Shake Up Music Copyright Issue

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    James v. UMG Recordings is a copyright termination rights case that provides an opportunity for the Second Circuit to make concrete choices about grant language, authorship, work-for-hire status and survival of derivative works, says attorney Abdul Abdullahi.

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