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Appellate
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January 07, 2026
10th Circ. Halts Kan. Bank's $20M FDIC Appeal For Settlement
The Tenth Circuit will hold off on hearing a small Kansas bank's push to challenge a $20 million anti-money laundering enforcement proceeding from the Federal Deposit Insurance Corp. after the two sides said Wednesday that they have reached a settlement.
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January 07, 2026
Trader Asks Wary Colo. Appeals Court To Award $10M Penalty
A Colorado appellate panel pushed back Wednesday on an ex-trading director's bid for a $10 million statutory penalty against his former employer following a $6.8 million judgment against the natural gas marketing company for failing to pay him a bonus on lucrative trades made during a 2021 winter storm.
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January 07, 2026
Fed. Circ. Notes Ambiguity In VA Data Migration Procurement
A Federal Circuit judge on Wednesday acknowledged that a U.S. Department of Veterans Affairs solicitation for data migration services was confusing, but challenged a protester's attorney to answer why his client never asked for clarification during the procurement.
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January 07, 2026
NJ Panel Says Erlinger Only Applies To Direct Appeal Cases
A New Jersey state appeals court on Wednesday held that new rules from the U.S. Supreme Court over how a criminal defendant's prior convictions are used when calculating sentences cannot be applied retroactively if the defendant has previously appealed their sentence.
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January 07, 2026
Fla. Panel Says Tenants Can't Delay Condo Partition After Fire
A Florida state appellate court on Wednesday upheld an order denying a class affected by a Miami condominium fire from intervening in a receiver's action to partition and sell units to distribute proceeds to the owners, ruling that tenants have no ownership interests in the properties.
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January 07, 2026
VW Joins The Fed. Circ. Fray Over Patent Review Discretion
Volkswagen is the latest company to contest policy changes at the U.S. Patent and Trademark Office that make it harder to pursue patent challenges, telling the Federal Circuit that the agency's "unfettered discretion" to deny such challenges violates the U.S. Constitution.
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January 07, 2026
11th Circ. Affirms YouTube Win Over DMCA Safe Harbor
The Eleventh Circuit on Wednesday affirmed a win for YouTube in a dispute with a movie producer, finding that the Digital Millennium Copyright Act does not require YouTube to police its site for infringing clips beyond responding to takedown notices.
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January 07, 2026
Home Depot 401(k) Fight Wraps Before High Court Gets A Say
The Home Depot and workers alleging mismanagement of their 401(k) plan told the nation's highest court Wednesday they wrapped up their legal battle, just a month after the U.S. solicitor general urged the justices to grant the workers' bid for review and rule for the retailer.
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January 07, 2026
Wash. Appeals Court Overturns Double-Voting Conviction
A split Washington state appeals court has overturned the conviction of a man found guilty of voting in two states, ruling that because they were different elections with separate issues and candidates, he did not violate a state voting law.
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January 07, 2026
Incora Minority Noteholders To Appeal 'Uptier' Loss
Minority noteholders that lost collateral rights in a 2022 financing deal at aircraft parts supplier Incora will appeal a decision by a Texas federal judge that had upheld the debt exchange, according to a notice filed Tuesday.
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January 07, 2026
3rd Circ. Says Visa Omission Of Kids Sinks Naturalization Bid
In a precedential opinion Wednesday, the Third Circuit ruled that a green card holder attempting to gain U.S. citizenship was properly denied naturalization for failing to list his two children on the original visa paperwork, an omission that made his permanent residence unlawful.
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January 07, 2026
Reckless Conduct Can Be Willful FBAR Failure, 2nd Circ. Says
The standard for willful failure to report foreign bank accounts includes reckless conduct, and a 6% late payment penalty is mandatory for a couple who neglected fines for stashing millions in an undisclosed Swiss account, the Second Circuit said Wednesday, upholding a lower court's judgment.
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January 07, 2026
FERC Defends Grid Planning Policy Revamp At 4th Circ.
The Federal Energy Regulatory Commission has told the Fourth Circuit that the overhaul of its regional transmission planning policy was needed to address a pervasive failure to efficiently build out the U.S. electric grid, and that allegations the agency acted unlawfully are meritless.
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January 07, 2026
NFL Takes Arbitration Fight In Flores Case To Supreme Court
The National Football League has asked the U.S. Supreme Court to decide whether its arbitration process, overseen by the commissioner, complies with federal law, appealing a Second Circuit ruling in favor of a coach suing the league for discrimination.
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January 07, 2026
Fed. Circ. Suggests Sepsis Test IP Needs Claim Construction
U.S. Circuit Judge Todd M. Hughes appeared largely persuaded Wednesday that a Delaware federal jury improperly engaged in post-trial claim construction when overriding Magnolia Medical Technologies Inc.'s $2 million infringement verdict, in an appeal that also had the Federal Circuit jurist thanking God that he doesn't try patent cases.
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January 07, 2026
NC Panel Backs GOP In Judicial Appointment Power Clash
A split panel in North Carolina's intermediate appeals court Wednesday sided with Republican lawmakers in an ongoing constitutional battle over the governor's appointment powers, finding the Legislature can restrict his ability to fill judicial vacancies in the state appellate courts.
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January 07, 2026
Objector To PACER Overcharge Settlement Faces Uphill Battle
An objector to a $125 million settlement to end class claims alleging the federal government overcharged nonprofits and other lawyers to access court documents faced a skeptical Federal Circuit panel Wednesday, with judges indicating they had not found legal errors in the district court's approval of the deal.
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January 07, 2026
Pittsburgh Paper To Close In Midst Of Legal Woes With Union
The Pittsburgh Post-Gazette announced plans to close after nearly 240 years, hours after the U.S. Supreme Court on Wednesday lifted Justice Samuel Alito's stay of a Third Circuit order making the company comply with a National Labor Relations Board order to restore its newsroom workers' healthcare plan.
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January 07, 2026
Delay Bars Coverage For $10M Abuse Verdict, 11th Circ. Says
A Nationwide insurer needn't cover a $10 million verdict awarded to a woman who was sexually exploited by her mother's boss when she was a child, the Eleventh Circuit held Wednesday, saying a nearly 5-year delay in notifying the insurer of the conduct was untimely.
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January 07, 2026
BNP Can't Undo $21M Verdict In Sudan Refugee Case
A Manhattan federal judge granted final judgment Wednesday against BNP Paribas for its alleged role bankrolling atrocities against plaintiffs who fled Sudan amid human rights abuses, declining to trim a $21 million bellwether verdict.
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January 07, 2026
Poultry Cos. Seek Stay Of Water Pollution Ruling For Appeal
Tyson Foods and other poultry operators found responsible for polluting Oklahoma waters with chicken waste argued that, without a stay in the court's judgment pending a Tenth Circuit appeal, companies not subject to its orders will have an economic advantage.
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January 07, 2026
Defense Bar Says 11th Circ.'s Arbery Ruling Risks Overreach
The National Association of Criminal Defense Lawyers urged the Eleventh Circuit on Tuesday to reconsider its support for the kidnapping convictions of Ahmaud Arbery's murderers, arguing its decision "extends without limit" the federalization of criminal charges based on the mere presence of an automobile.
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January 07, 2026
Fed. Circ. Faults Lower Court In Parking Patent Case
The Federal Circuit said a new trial is needed to determine if a parking lot management patent is invalid under a rule prohibiting patents for technologies that were used or were on sale for more than a year before a patent application is filed.
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January 07, 2026
Convicted Oil Trader Agrees To $1.7M Forfeiture For Bribes
A former Freepoint Commodities LLC and Arcadia Fuels Ltd. oil trader convicted of paying bribes to Brazilian officials has reached a $1.7 million forfeiture agreement with federal prosecutors, who initially asked the Connecticut court for $7.8 million.
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January 07, 2026
DOJ Nominee Says He'll Work Within Blue-Slip 'Parameters'
A nominee for a top U.S. Department of Justice position that handles judicial nominees appeared to give a nod to the Senate's blue-slip process, despite President Donald Trump's vocal opposition to the tradition.
Expert Analysis
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Series
Judging Figure Skating Makes Me A Better Lawyer
Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.
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Female Athletes' NIL Deal Challenge Could Be Game Changer
A challenge by eight female athletes to the NCAA’s $2.8 billion name, image and likeness settlement shows that women in sports are still fighting for their share — not just of money, but of respect, resources and representation, says Madilynne Lee at Anderson Kill.
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9th Circ. Ruling May Help Pharma Cos. Avert Investor Claims
The Ninth Circuit's recent decision affirming the dismissal of a securities fraud class action alleging that Talphera deceived investors by marketing a drug with a misleading slogan should give plaintiffs pause before filing similar complaints where snappy slogans are accompanied by copious clarifying information, say attorneys at Simpson Thacher.
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What Ethics Rules Say On Atty Discipline For Online Speech
Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.
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What's At Stake In High Court's Ill. Ballot Deadline Case
In Bost v. Illinois State Board of Elections, the U.S. Supreme Court will hear arguments next week on whether and when candidates for office have standing to bring prospective challenges to election laws, raising broader issues about the proper timing of federal court election litigation, say Richard Pildes and Samuel Ozer-Staton at NYU School of Law.
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How Okla. High Court Ruling Will Alter Workers' Comp. Cases
The Oklahoma Supreme Court's recent decision in OBI Holding Company v. Schultz-Butzbach confirms that workers' compensation claims should move through the system without needless delay, which means attorneys on both sides will need to adjust how they handle such claims, says Steven Hanna at Gilson Daub.
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Kimmel 2nd Circ. Victory Holds Novel Copyright Lessons
The Second Circuit's recent decision in Santos v. Kimmel, dismissing a copyright infringement claim against Kimmel for airing Cameo videos recorded by former U.S. Rep George Santos, examines the unusual situation of copyrighted works created at the request of the alleged infringer, say attorneys at Venable.
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2 Rulings Highlight IRS' Uncertain Civil Fraud Penalty Powers
Conflicting decisions from the U.S. Tax Court and the Northern District of Texas that hinge on whether the IRS can administratively assert civil fraud penalties since the U.S. Supreme Court’s 2024 decision in SEC v. Jarkesy provide both opportunities and potential pitfalls for taxpayers, says Michael Landman at Bird Marella.
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Junior Attys Must Beware Of 5 Common Legal Brief Mistakes
Excerpt from Practical Guidance
Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.
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Contract Disputes Recap: Details, Instructions, Obligations
Recent decisions from the Armed Services Board of Contract Appeals and the Civilian Board of Contract Appeals offer critical insights into contractor reliance on government specifications, how instructions can affect a contractor’s dispute rights and how both factor into the larger claims process, says Sarah Barney at Seyfarth.
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Lessons As Joint Employer Suits Shift From Rare To Routine
Joint employer allegations now appear so frequently that employers should treat them as part of the ordinary risk landscape, and several recent decisions demonstrate how fluid the liability doctrine has become, says Thomas O’Connell at Buchalter.
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Utilizing 6th Circ.'s Expanded Internal Investigation Protection
A recent Sixth Circuit decision in In re: FirstEnergy demonstrates one way that businesses can use a very limited showing to protect internal investigations from discovery in commercial litigation, while those looking to force production will need to employ a carefully calibrated approach, say attorneys at Brownstein Hyatt.
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3rd Circ. Clarifies Ch. 11 3rd-Party Liability Scope Post-Purdue
A recent Third Circuit decision that tort claims against the purchaser of a debtor's business belong to the debtor's bankruptcy estate reinvigorates the use of Chapter 11 for the resolution of nondebtor liability in mass tort bankruptcies following last year's U.S. Supreme Court ruling in Purdue Pharma, say attorneys at Sullivan & Cromwell.
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Series
Power To The Paralegals: How And Why Training Must Evolve
Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.
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Evaluating The Current State Of Trump's Tariff Deals
As the Trump administration's ambitious tariff effort rolls into its ninth month, and many deals lack the details necessary to provide trade market certainty, attorneys at Adams & Reese examine where things stand.