Appellate

  • February 04, 2026

    Fla. Court Affirms Win For Law Firm In $10M Malpractice Case

    A Florida appeals court Wednesday affirmed a win for Conrad & Scherer LLP in a suit accusing the law firm of improperly withdrawing at a critical point in a lawsuit against its clients' business partner over the acquisition of a hotel.

  • February 04, 2026

    9th Circ. Seems Reluctant To Keep Netflix Bias Case In Court

    The Ninth Circuit zeroed in on timing Wednesday as a former Netflix worker pushed to keep her sexual harassment suit out of arbitration, appearing sympathetic to the streaming company's argument that her dispute began before a law banning mandatory arbitration for sexual harassment claims became effective.

  • February 04, 2026

    CREXi Fights Bid To Disqualify Quinn Emanuel In CoStar IP Suit

    Commercial real estate platform CREXi has urged a California federal judge to let it keep Quinn Emanuel Urquhart & Sullivan LLP as its counsel as it fights CoStar's accusations of copyright infringement, saying CoStar is only now raising conflict of interest concerns to gain a "tactical advantage."

  • February 04, 2026

    Judge Says $40B Ligado Suit Looks 'Destined' For High Court

    Network company Ligado's nearly $40 billion lawsuit accusing the government of wrongly blocking its use of a certain slice of the airwaves seems likely to eventually land in the U.S. Supreme Court, the Federal Circuit's chief judge said Wednesday.

  • February 04, 2026

    Calif. Court Revives Walmart Worker's Background Check Suit

    California appellate justices Wednesday revived a Walmart employee's lawsuit alleging the retailer added extraneous consumer reporting agencies in a background check notice during her hiring process, finding she has standing since Walmart obscured the specific agency that provided the report and the ways she could contact the agency to fix errors.

  • February 04, 2026

    SPEX Urges Fed. Circ. To Revert Slashed $1 IP Win To $553M

    SPEX Technologies Inc. is asking the Federal Circuit to reinstate the $553 million award it had won against Western Digital for patent infringement, after a California federal judge lowered it to a single dollar.

  • February 04, 2026

    Under Armour Wants 4th Circ. To Review $100M Coverage Cap

    Under Armour asked the Fourth Circuit to review a recent ruling that capped its coverage for a securities class action, government investigations and derivative matters at $100 million, saying the panel overlooked the significance of an endorsement that essentially settled a dispute over when certain claims were made.

  • February 04, 2026

    Parent Tells 9th Circ. Roblox Can't Arbitrate Suit

    A parent has urged the Ninth Circuit to uphold a lower court's ruling that Roblox can't arbitrate claims that his daughter was preyed upon by adults on the popular gaming platform, since it was his minor child, not him, who made purchases on the app.

  • February 04, 2026

    Split NC Panel Rules Adviser Can't Arbitrate Fee Fight

    An investment adviser who was fired can't arbitrate a fee fight with the company he hired to scrub his termination from public databases, a split North Carolina appeals court ruled Wednesday, finding the arbitration clause in his contract doesn't cover the company's claim for nonpayment.

  • February 04, 2026

    EPA Can't OK Calif. Engine Emissions Rules, 9th Circ. Told

    The U.S. Environmental Protection Agency failed to determine whether California's plan to set tighter emissions rules for off-road engines warranted a Clean Air Act waiver before giving the go-ahead to the Golden State, industry groups have told the Ninth Circuit.

  • February 04, 2026

    2nd Circ. Rules Medication Didn't Affect Guilty Plea Validity

    A man who took bipolar and sleep medication the night before pleading guilty to conspiring to distribute cocaine and possessing a firearm cannot appeal his 15-year sentence by implying the medications confused him, the Second Circuit affirmed Wednesday, finding questions about his state of mind covered medication side effects.

  • February 04, 2026

    Fed. Circ. Backs Infringement Immunity For NASA Contractor

    The Federal Circuit on Wednesday endorsed a California federal judge's decision that a NASA contractor doesn't have to face a patent infringement suit from a pair of California men, given that its allegedly infringing use was authorized by the federal government.

  • February 04, 2026

    US Supreme Court Won't Halt New Calif. Congressional Map

    The U.S. Supreme Court will not block California's new, voter-approved congressional districts before they can be used in this year's midterm election while California Republicans appeal their previous failed bid to block the redrawn map that they argue constitutes illegal racial gerrymandering with Democratic officials "maximizing Latino voting strength."

  • February 04, 2026

    Clemency Was 'Broken' Long Before Trump. Can It Be Fixed?

    President Donald Trump has transformed what has historically been a bureaucratic process for seeking federal pardons and commutations into a more freewheeling affair with few clear rules — and no easy solutions for reform, experts say.

  • February 04, 2026

    3rd Circ. Asks If Death Scene Photo Row Is Privacy Matter

    The Third Circuit on Wednesday pondered whether the mother of a man who jumped from a bridge to his death was entitled to privacy after a Philadelphia police officer shared a photo of the man's death scene, focusing its questioning on whether there was a reasonable expectation of privacy concerning a public death.

  • February 04, 2026

    Conn. Justices Say Miranda Waiver Covers Vague Bid For Atty

    In a 4-3 opinion, the Connecticut Supreme Court has upheld murder and burglary convictions hinged on a confession obtained after an arrestee's equivocal request for counsel, a decision the dissent said distorted a state constitutional rule that affords greater custodial interrogation protections than the federal constitution.

  • February 04, 2026

    NJ Panel Backs Approval Of Orthodox Girls' School Campus

    A New Jersey appellate panel affirmed on Wednesday a township planning board's green light for a private Orthodox Jewish girls school campus, concluding that nearby homeowners failed to show the board acted arbitrarily, capriciously or under any improper influence when it approved the project.

  • February 04, 2026

    Pa. Court Weighs Medical Marijuana Dispensary Staffing Rule

    A Pennsylvania appellate court appeared uncertain on Wednesday whether a rule promulgated by state health regulators mandating every medical marijuana dispensary maintain its own medical professional for patient consultations was reasonable and consistent with state law.

  • February 04, 2026

    4th Circ. Backs Chicken Processor In Fired Worker's ADA Suit

    The Fourth Circuit declined Wednesday to reinstate a suit from a worker who said a chicken processor unlawfully terminated him after a shooting left him with lingering medical issues, saying he failed to show he could perform the key functions of his job.

  • February 04, 2026

    3rd Circ. Ponders Pa. Professor's Virtual Teaching Denial

    A Third Circuit panel on Wednesday quizzed attorneys in a case involving a Kutztown University professor who was denied remote teaching accommodations about if she should have expected in-person instruction to be an essential function of her position, despite the lack of a job description or written policy saying so.

  • February 04, 2026

    O'Melveny Supreme Court Ace Joins Hecker Fink

    Litigation firm Hecker Fink LLP is expanding its appellate team, announcing Wednesday that an O'Melveny & Myers LLP Supreme Court expert is joining as of counsel.

  • February 04, 2026

    Real Estate Atty Can't Duck Meddling Claims, NC Justices Told

    A property owner told North Carolina's top court that a real estate attorney can't skirt allegations he helped meddle in an ownership dispute over a parcel of land in Charlotte, saying her tort claims against the lawyer might be rare, but they are still backed by the law.

  • February 04, 2026

    Ga. Chief Justice Highlights AI Risks, Civil Justice Gap

    Georgia Supreme Court Chief Justice Nels S.D. Peterson told state lawmakers on Wednesday that evidence fabricated by artificial intelligence is a greater threat to the judiciary than attorneys filing briefs with nonexistent cases based on AI hallucinations.

  • February 04, 2026

    FERC Says Rejection Of PJM Grid-Planning Change Was Sound

    The Federal Energy Regulatory Commission has defended its rejection of a plan that PJM Interconnection, a regional transmission organization, brokered with transmission owners to make grid-planning decisions without the approval of the regional grid operator's members committee, saying the plan would undermine the independence of PJM.

  • February 04, 2026

    Fla. Judge Can't Nix Death Penalty Ethics Case, Panel Says

    A Florida judicial ethics panel has pushed back on an appellate judge's effort to dismiss ethics charges over her purported attempt to influence postconviction litigation in a death penalty case via text messages with a state attorney, rejecting her argument that the charges violate her First Amendment rights.

Expert Analysis

  • 3 DC Circ. Rulings Signal Shift In Search And Seizure Doctrine

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    A trio of decisions from courts in the District of Columbia Circuit, including a recent order compelling prosecutors to return materials seized from James Comey’s former attorney, makes clear that continued government possession of digital evidence may implicate the Fourth Amendment, says Gregory Rosen at RJO.

  • Series

    Muay Thai Makes Me A Better Lawyer

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    Muay Thai kickboxing has taught me that in order to win, one must stick to one's game plan and adapt under pressure, just as when facing challenges by opposing counsel or judges, says Mark Schork at Feldman Shepherd.

  • Higher Expectations For 'Schedule A' IP Suits On The Horizon

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    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.

  • 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.

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