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Appellate
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February 02, 2026
5th Circ. Panel Blushes At Starbucks Worker's Snapchat Notes
A Fifth Circuit panel pressed the National Labor Relations Board to explain why Starbucks lacks the ability to fire a union organizer who used excessively colorful language in private messages to co-workers, saying Monday the language used would "make any of us blush."
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February 02, 2026
Zipcar Can't Be Liable For Renting To Drunk Driver, Panel Says
A California appeals court has tossed claims against Zipcar in a suit accusing the online car rental platform of causing a passenger's catastrophic injuries by renting out a vehicle to a drunk customer, saying certain duties of care owed by traditional rental agencies don't apply to car-sharing companies.
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February 02, 2026
Staffing Agencies Beat Ill. Workers' BIPA Revival Bid
An Illinois Third District Appellate Court panel has refused to reverse two staffing agencies' pre-trial win over manufacturing workers' claim that the agencies illegally collected their time-clock fingerprint data, saying simply helping another entity obtain such data cannot trigger liability under a statutory provision requiring informed consent to collect it.
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February 02, 2026
Fed. Circ. Grapples With AI Patent Eligibility In Amazon Case
A Federal Circuit panel on Monday expressed skepticism about Rensselaer Polytechnic Institute's argument that an artificial intelligence-related patent it sued Amazon over was wrongly invalidated as abstract, though the court seemed wary of issuing a ruling that could render all AI unpatentable.
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February 02, 2026
DC Circ. Gets History Lesson As Tribe Fights For Utah Land
The D.C. Circuit got a lesson in tribal history dating back to the 19th century as lawyers for the federal government and a Native American tribe argued Monday whether a congressional act gives the tribe compensable title to 1.5 million acres of Utah land where an oilfield lies.
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February 02, 2026
Judge Clears Apple Of Some Haptic Patent Claims
A California federal judge has allowed Apple to escape some patent claims brought by a company that accused the tech giant of infringing the business's vibration technology patents, letting Apple escape literal infringement allegations related to its "monolithic products."
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February 02, 2026
Manatt Appellate Star Leaves To Join Duane Morris In LA
Benjamin G. Shatz has joined Duane Morris LLP as a partner at the firm's appellate division of the trial practice group in Los Angeles, after spending more than two decades at Manatt, Phelps & Phillips LLP, according to an announcement issued Monday.
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February 02, 2026
Fed. Circ. Backs CIT's Objection To ITC Wholesale Redactions
A Federal Circuit panel on Monday affirmed a U.S. Court of International Trade ruling finding the U.S. International Trade Commission was out of line in automatically making all questionnaire responses confidential, saying the CIT "struck the appropriate balance" between confidentiality and public access concerns.
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February 02, 2026
First Woman Justice Elected To Wash. High Court To Retire
Washington State Supreme Court Justice Barbara A. Madsen, the first woman to be voted onto the court and the second-longest serving justice in state history, said Monday she plans to retire this spring after 33 years on the bench.
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February 02, 2026
Custodians Tell NJ Justices COVID Law Doesn't Preempt CBA
School custodians urged the New Jersey Supreme Court on Monday to reinstate an award of extra money for their in-person work during the pandemic, arguing an arbitrator had a reasonably plausible interpretation of a state statute when he determined it didn't preempt the custodians' collective bargaining agreement.
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February 02, 2026
Colo. Justices Strike Down Laws Governing County Appeals
The Colorado Supreme Court found two sections of Colorado law unconstitutional Monday because they allowed final judgments in county court cases to be appealed directly to the Colorado Court of Appeals.
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February 02, 2026
Del. Justices Won't Revive Suit Over Twitter Stock Sale Loss
Delaware's Supreme Court rejected on Monday a Washington state software engineer's late-filed, pro se attempt to resurrect a suit seeking damages after his sale of Twitter shares when Elon Musk briefly balked at a $44 billion closing on his company in 2024.
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February 02, 2026
6th Circ. Upholds Stiffer Gun Sentence In Youth Offender Case
The Sixth Circuit upheld assigning an increased offense level against a man who was participating in a youth diversion program for a separate criminal case, finding that because he was still under indictment, he should face an increased punishment under federal law.
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February 02, 2026
7th Circ. Hands Dead Packaging Worker's 401(k) To Ex-Wife
The Seventh Circuit awarded the 401(k) account balance of a dead Packaging Corp. of America worker to his ex-wife Monday, concluding that a lower court erred in determining she wasn't entitled to benefits based on a fax requesting a beneficiary designation change that he transmitted after a divorce.
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February 02, 2026
2nd Circ. Partially Revives Suit Over NY Foster Care Rules
A group of New York City children who were taken from their parents and placed into foster care have standing to challenge the legality of state rules preventing them from being placed with relatives with criminal histories, a Second Circuit panel determined on Monday.
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February 02, 2026
Advocates Urge Justices To Overturn Cannabis Gun Ban
Cannabis consumer advocates, guns rights activists and libertarian think tanks have all filed friend-of-the-court briefs with the U.S. Supreme Court urging the justices to find that a law disarming marijuana users runs afoul of the Second Amendment.
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February 02, 2026
Catching Up With Delaware's Chancery Court
A pair of new high-dollar suits in Delaware's Court of Chancery showed last week that post-deal stock appraisal suits still have legs, despite some efforts to reduce potential from deal-price gains challenges. The week ended with Delaware's justices nipping $100 million from the attorney fees owed by Tesla CEO Elon Musk from $176.2 million to roughly $70.9 million, rejecting part of a Court of Chancery fee calculation.
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February 02, 2026
Split Fed. Circ. Won't Revive Massager Design Patent Case
A Maine federal judge properly found Armaid Co. Inc. didn't infringe Range of Motion Products LLC's design patent covering a personal massage device, a divided Federal Circuit held Monday.
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February 02, 2026
Med Mal Suits Offer Ga. Justices Path Back To Damages Caps
The Supreme Court of Georgia will hear arguments Tuesday in two medical malpractice cases that give the state's justices a chance to impose a limit on damages in wrongful death suits, 15 years after the court declared such caps unconstitutional.
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February 02, 2026
1st Circ. Judge Wary Of Boston Bid To Revive PBM Opioid Suit
The city of Boston faced pushback from a First Circuit judge on Monday as it argued it didn't miss its window to sue pharmacy benefit managers for their alleged role in the opioid epidemic.
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February 02, 2026
IT Exec Can't Shake False Billing Conviction, 4th Circ. Rules
The Fourth Circuit on Monday said there was more than enough evidence for a Maryland jury to convict the CEO of an IT company for lying about the hours she worked on a project for the National Security Agency, rejecting her claims that the trial was tainted by a misleading exhibit and prosecutorial misconduct.
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February 02, 2026
Tracy Anderson Workouts Are Copyrightable, 9th Circ. Told
Celebrity fitness trainer Tracy Anderson urged the Ninth Circuit on Monday to reverse a ruling that invalidated copyrights to her "Tracy Anderson Method" workout routines, arguing that her routines are expressive protectable works distinct from yoga poses at issue in the Ninth Circuit's Bikram ruling.
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February 02, 2026
Panel Backs Pa. In Widow's 'Line Of Duty' Benefits Bid
While a doctor's opinion that a firefighter's fatal cancer was likely caused by job-related hazards counted to entitle his widow to worker's compensation benefits, it fell short of the higher causation requirements for "line of duty death" benefits, a Pennsylvania appellate court said Monday.
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February 02, 2026
6th Circ. Clears Judge Boasberg In DOJ Ethics Complaint
The complaint the U.S. Department of Justice filed against Chief U.S. District Judge James Boasberg of the District of Columbia has been dismissed.
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February 02, 2026
3rd Circ. Affirms Fee Awards For Immigration Habeas Actions
A Third Circuit panel ruled federal law authorizes attorney fee awards for immigrants who successfully challenge their detention through habeas actions, affirming awards made to two noncitizens who were detained for over a year and denied bond hearings.
Expert Analysis
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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.
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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.