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Appellate
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February 10, 2026
Audit Watchdog Says Anonymous Challenger Must Reveal ID
The Public Company Accounting Oversight Board has told the D.C. Circuit that a man anonymously challenging the constitutionality of the audit watchdog should be required to identify himself, arguing that he has offered "almost nothing to substantiate his claimed need for privacy."
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February 10, 2026
Tom Goldstein To Testify At Tax Trial Wednesday
SCOTUSblog co-founder Thomas Goldstein will take the stand in his tax fraud trial Wednesday, after the government rested its case with an IRS agent tallying up $3.6 million that she said went unreported on his 2016 tax return.
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February 10, 2026
DC Circ. Seeks End To Atty Fight Over Fees From IRS Deal
The D.C. Circuit wants to stop a fight over almost $800,000 in attorney fees from a suit against the Internal Revenue Service that was settled years ago, telling the parties' counsel during oral arguments Tuesday they'd like to put the matter to bed for good.
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February 10, 2026
Texas Justices Seek 'Universal' Rule On Pretrial Motions
A Texas Supreme Court justice on Tuesday pressed Attorney General Ken Paxton's office for more specifics on his position that a trial court implicitly ruled on a jurisdictional challenge in litigation over the $10 billion price tag for Austin's planned light rail system, suggesting a "universal rule" was needed.
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February 10, 2026
Circuit Split Brewing Following 5th Circ.'s No-Bond Ruling
The Fifth Circuit's split ruling blessing the Trump administration's mandatory immigration detention policy won't be the final say on the matter, but it could supercharge efforts to concentrate detained immigrants there while other circuits weigh the policy's legality.
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February 10, 2026
Fla. Social Media Ban Violates Teens' Rights, 11th Circ. Told
Snap Inc. is fighting Florida's attempt to keep a state law restricting teenagers' social media use, telling the Eleventh Circuit that children also have a First Amendment right to speech on the internet regarding matters of public importance.
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February 10, 2026
Trump Is Owed Deference On Harvard Student Block, DOJ Says
The U.S. Department of Justice told the First Circuit this week that President Donald Trump's expansive authority over foreign affairs calls for it to overturn a ruling that blocked a proclamation suspending the ability of foreign students to enter the country to attend Harvard.
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February 10, 2026
Feds Argue Russian Billionaire Lacks Yacht Ownership
The U.S. Department of Justice urged the Second Circuit to affirm a district court decision that authorized the United States to sell a Russian billionaire's seized superyacht, arguing he can't suffer the loss of something he barely owns.
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February 10, 2026
9th Circ. Says DHS Likely To Beat TPS Termination Challenge
The Ninth Circuit has hit pause on a district court's order that vacated the Trump administration's termination of temporary protected status for immigrants from Honduras, Nicaragua and Nepal, saying the administration will likely succeed on challenging the vacatur order.
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February 10, 2026
9th Circ. Panel Wary Of Reviving Wash. Gas Appliance Suit
Ninth Circuit judges appeared skeptical Tuesday of a building industry coalition's argument that the Washington State Building Code Council and state attorney general can be sued over a regulation limiting natural gas appliances in new construction.
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February 10, 2026
Texas Justices Unsure Appraisal Is Avoidable In $40M Claim
The Texas Supreme Court on Tuesday wanted to know why the owner of a building that allegedly suffered over $40 million worth of damage after extreme flooding should get to avoid an appraisal its insurer demanded, noting that the owner had already agreed to it.
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February 10, 2026
FERC Wins DC Circ. Backing In Power Auction Fight
The D.C. Circuit on Tuesday backed Federal Energy Regulatory Commission orders approving regional grid operator PJM Interconnection's proposal to bar energy efficiency resources from participating in its electricity capacity auctions.
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February 10, 2026
Robinhood Asks Justices To Rein In Pre-IPO Disclosure Suits
Robinhood Markets Inc. is asking the U.S. Supreme Court to hear an investor dispute stemming from its $2.1 billion initial public offering, arguing that the Ninth Circuit's decision to revive the lawsuit "exposes companies seeking to go public to expansive liability."
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February 10, 2026
Fed. Circ. Won't Save Co.'s Armor Panel IP Suit Against Rival
The Federal Circuit on Tuesday agreed with a Maryland federal court's decision that a company didn't infringe a bulletproof armor patent owned by a rival antiballistic panel manufacturer, finding the lower court took the correct approach to a key claim preamble.
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February 10, 2026
Wash. Panel Says Healthcare Cost-Share Group Is An Insurer
A Utah-based healthcare cost-sharing nonprofit operates as and must register as an insurer under Washington state law, a state appeals panel ruled, upholding a $50,000 fine from the state's insurance commissioner that found the nonprofit ran afoul of Washington insurance law.
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February 10, 2026
Baseball's Antitrust Shield Can't Stand, Team Tells Justices
The federal antitrust exemption granted to baseball by the U.S. Supreme Court in 1922 was wrong then and remains wrong despite the argument by the Puerto Rican league defending it, according to the team petitioning for review.
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February 10, 2026
11th Circ. Revives Overtime Case For Death Investigators
The work that six forensic death investigators performed was not directly linked to the general operations of a forensic pathology company, the Eleventh Circuit ruled Tuesday, ordering a new trial in the workers' suit seeking unpaid overtime.
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February 10, 2026
2nd Circ. Revives Photographer's Case Against Shutterstock
The Second Circuit revived some of a landscape photographer's case against photo licensing database Shutterstock Inc. on Tuesday, finding that while there was nothing in evidence showing Shutterstock intended to change copyright management information, the company's "right and ability to control" the infringing activity should be litigated further.
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February 10, 2026
NC Justices Told Not To Disturb Lindberg's $122M Penalty
A group of insurance companies that say convicted billionaire Greg Lindberg is responsible for their "financial ruin" are fighting to keep in place a $122 million contempt order against him, telling North Carolina's highest court there's no compelling reason to review the decision.
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February 10, 2026
NJ Panel Says Assault Finding Warrants Restraining Order
A New Jersey appeals court on Tuesday ruled that a woman should be granted a restraining order after she successfully proved that her husband, with whom she is in the midst of divorce proceedings, assaulted her.
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February 10, 2026
Trump Admin Appeals Limits On Protester Deportations
The Trump administration has appealed a Massachusetts federal judge's order restricting its ability to deport noncitizen university professors and students who engaged in pro-Palestinian advocacy, arguing the sanctions went beyond the judge's power.
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February 10, 2026
2nd Circ. Upholds NYT's $2.4M Auto-Renewal Class Deal
A Second Circuit panel on Tuesday upheld a class action settlement resolving claims that The New York Times Co. auto-renewed California users' subscriptions without proper notice, turning away an objection that said the $2.375 million deal was unfair and the lead plaintiff lacked standing.
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February 10, 2026
Elliott Affiliate Urges 3rd Circ. To Keep Citgo Sale On Track
Amber Energy Inc. has asked the Third Circuit to reject appeals of an order accepting its multibillion-dollar bid for shares in Citgo Petroleum Corp.'s parent company, saying a lower court "came nowhere near abusing its discretion" and properly carried out the sale process.
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February 10, 2026
DOJ Pushes To Revive Comey, James Indictments
Criminal indictments against former FBI Director James Comey and New York Attorney General Letitia James were brought under a validly serving interim U.S. attorney and, therefore, never should have been dismissed, the U.S. Department of Justice argued in its opening brief in its consolidated appeal before the Fourth Circuit.
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February 10, 2026
Fla. Utility Says City Had No Power To Dissolve It
A utility authority appointed by the Florida Legislature told an appeals court Tuesday that the city of Gainesville is "engaged in insurrection against the state government" by amending its charter to dissolve the agency.
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.