Appellate

  • April 07, 2026

    3rd Circ. Rules No Infringement In Posting Of Building Codes

    In a precedential opinion Tuesday, the Third Circuit ruled that a company's posting of the American Society for Testing and Materials' copyrighted technical standards online was a fair use of the information that did not infringe ASTM's copyright.

  • April 07, 2026

    4th Circ. Says Supervised Release Rules Can Ban Porn Use

    The Fourth Circuit has ruled that a special probation requirement banning legal adult pornographic material does not violate the rights of a convicted child sexual abuse material user who has broken multiple previous release conditions.

  • April 07, 2026

    2nd Circ. Backs Cheese Producer In Whey Contract Battle

    A nutritional supplement maker forfeited an argument that its whey supplier was required to engage in ongoing sale negotiations by failing to raise it in the lower court, the Second Circuit ruled in upholding a summary judgment win for the world's largest producer of mozzarella cheese.

  • April 07, 2026

    Fed. Circ. Tosses PTAB Amendment Appeal Over Standing

    The Federal Circuit won't reconsider the Patent Trial and Appeal Board's decision to amend a Digital Turbine Inc. mobile device installation patent, saying Tuesday that challenger ironSource Ltd. doesn't have standing to appeal.

  • April 07, 2026

    Ga. Panel Vacates $662K Interest On $2M Arbitration Award

    A Georgia Court of Appeals panel on Tuesday vacated about $662,000 in interest that was tacked onto an arbitration award in a trade secrets dispute between two medical device companies, ruling that while the assessment of interest was justified, a trial court had miscalculated the total.

  • April 07, 2026

    Fed. Circ. Affirms Samsung PTAB Wins On Display Patents

    The Federal Circuit on Tuesday affirmed a decision from the Patent Trial and Appeal Board that invalidated patents asserted against Samsung covering cooling systems for electronic displays.

  • April 07, 2026

    Mexico Can't Dodge $47M Arbitral Award, DC Circ. Says

    The D.C. Circuit on Tuesday refused to vacate a $47 million arbitral award issued to a Canadian lender following a fraudulent loan scheme, rejecting Mexico's argument that the tribunal misinterpreted part of the North American Free Trade Agreement.

  • April 07, 2026

    2nd Circ. Says Unlicensed Bitcoin-Cash Swaps Can Be Crime

    Exchanging bitcoin for U.S. currency can qualify as transferring funds under the criminal statute against operating an unlicensed money-transmitting business, the Second Circuit held Tuesday in an opinion backing the conviction of a man found guilty of laundering bitcoin that he was told came from drug sales.

  • April 07, 2026

    States, DC Back NY AG James In DOJ Probe Appeal

    Backed by amici including the attorneys general of 20 states and the District of Columbia, New York Attorney General Letitia James is fighting the U.S. Department of Justice's bid to reopen an investigation into her office launched by a federal prosecutor found to have been serving unlawfully.

  • April 07, 2026

    DC Circ. Skeptical Ex-Steward CEO Could Skip Senate Hearing

    A D.C. Circuit judge told the attorney for the embattled former CEO of Steward Health Care on Tuesday that she couldn't comprehend how his client could invoke his Fifth Amendment rights without showing up to his scheduled appearance before a Senate committee.

  • April 07, 2026

    Labor Firm's Advice Isn't Malicious Prosecution, Court Told

    The Comegno Law Group has urged a New Jersey state court to grant its bid for summary judgment in a discrimination and malicious prosecution suit brought by a former school district administrator, arguing that the undisputed record shows it only acted as counsel to its client.

  • April 07, 2026

    Conn. Justices Uphold Reprimand For Atty's 'Diatribe'

    A divided Connecticut Supreme Court on Tuesday refused to toss out a reprimand imposed on an attorney accused of making disparaging statements about judges amid a long-running fee dispute, finding that John W. Mills failed to show he had "an objective, reasonable belief" that his written comments were true.

  • April 07, 2026

    Fed. Circ. Backs PTAB Decision On Intuit Patent Challenge

    The Federal Circuit on Tuesday backed a decision by the Patent Trial and Appeal Board that software company Intuit had not shown that any of the patent claims it challenged in a patent that covers synchronized internet browsing were invalid.

  • April 07, 2026

    Colo. Justices Say Disputed Costs OK In Public Works Claim

    Disputed or unliquidated costs, including delay and disruption damages, can be included in claims under Colorado's Public Works Act, the state's highest court has ruled, reviving a subcontractor's bid to recover a roughly $13 million claim tied to a Denver-area rail project.

  • April 07, 2026

    DOJ Backs Wrong View Of Accounting Error, 11th Circ. Told

    A hedge fund manager challenging the denial of a $1.9 million tax refund related to his private jet told the Eleventh Circuit that the federal government is wrongly parroting a lower court's unreasonable approach to the accounting error underlying the dispute.

  • April 07, 2026

    Vape Cos. Tell NC Justices To Keep 'Sealed Container' Win

    A vape distributor and seller are urging the North Carolina Supreme Court not to disturb an appeals court ruling in their favor in a suit over an exploding battery, saying the appeals court rightly applied the "sealed container" defense.

  • April 06, 2026

    Wash. Activist Seeks To Force Vote On 'Millionaire Tax'

    A conservative activist urged Washington's highest court to allow voters to weigh in on a newly enacted state income tax on earnings above $1 million, seeking to challenge the secretary of state's position that the new tax isn't eligible to be overturned through a citizen referendum.

  • April 06, 2026

    Ill. AG Urges 7th Circ. To Uphold Landmark Swipe-Fee Law

    Illinois Attorney General Kwame Raoul has urged the Seventh Circuit to rule that his state may fully enforce its Interchange Fee Prohibition Act against national banks and other financial institutions, defending its ban on tax-and-tip swipe fees amid a banking industry appeal.

  • April 06, 2026

    3rd Circ. Backs Sentence Enhancement In $2M COVID Fraud

    A man who was sentenced to more than 12 years in prison for defrauding pandemic-era safety-net programs of more than $2 million cannot challenge his sentence, a Third Circuit panel has ruled, finding he was a ringleader and thus qualified for a sentencing enhancement.

  • April 06, 2026

    Fed. Circ. Questions Army Corps' Contract Award About-Face

    A Federal Circuit judge appeared skeptical on Monday over the U.S. Army Corps of Engineers' about-face on the technical acceptability of a construction company's contract proposal, pressing a government attorney to explain how a once-acceptable proposal now has multiple deficiencies.

  • April 06, 2026

    Feds Seek To Enforce Trans Healthcare Orders During Appeal

    The Trump administration has asked the Fourth Circuit to let it enforce executive orders that ban federal funding for gender-affirming care for patients under age 19 while its appeal of a nationwide injunction is pending, arguing it's likely to succeed in its bid to overturn the trial court's order.

  • April 06, 2026

    Citi Tells 2nd Circ. EFTA Exempts Wire Transfers 'End-To-End'

    A Second Circuit panel Monday seemed responsive to Citibank's arguments that consumer-initiated electronic wire transfers are carved out from the Electronic Funds Transfer Act under a longstanding exemption in the statute, in a suit from the New York attorney general over the bank's response to online wire transfer fraud incidents.

  • April 06, 2026

    9th Circ. Panel Finds Insurer Owed Defense To Wash. Provider

    An Allied World unit unreasonably declined to defend a Washington behavioral health network in a lawsuit alleging sexual misconduct by an employee, a Ninth Circuit panel held Monday, partially reversing a summary judgment win for the insurer.

  • April 06, 2026

    Biz Groups Urge 4th Circ. To End Allergan Overcharge Suit

    Major pharmaceutical and business associations urged the Fourth Circuit to reconsider a panel decision that revived a whistleblower lawsuit accusing an Allergan Sales LLC predecessor of overcharging Medicaid, warning it threatens to become a road map for False Claims Act abuses.

  • April 06, 2026

    Trump Orders Could Chill US Arbitration, Group Warns

    The College of Commercial Arbitrators has urged the D.C. Circuit to reject the Trump administration's consolidated D.C. Circuit appeal seeking to revive executive orders yanking the security clearances of four BigLaw firms, arguing a contrary ruling would "imperil" arbitration in the U.S.

Expert Analysis

  • Series

    Law School's Missed Lessons: Intentional Career-Building

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    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.

  • Key Trends In PFAS Regulation And Litigation For 2026

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    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.

  • 2nd Circ. Ruling Shows Procedural Perils Of Civil Forfeiture

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    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.

  • Justices' Separation-Of-Powers Revamp May Hit States Next

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    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.

  • 3 Securities Litigation Trends To Watch In 2026

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    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.

  • 5 Tariff And Trade Developments To Watch In 2026

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    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.

  • Funding Haze And Deregulatory Pursuits: The CFPB In 2026

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    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.

  • 4 Developments That Defined The 2025 Ethics Landscape

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    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.

  • 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.

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