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Appellate
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January 28, 2026
Wrong Standard Sunk Benesch Ex-Client's Suit, 7th Circ. Told
A former Benesch Friedlander Coplan & Aronoff LLP client urged the Seventh Circuit on Wednesday to revive her malpractice suit claiming the firm botched her potential trade secrets theft case, arguing a lower court held her to too high a pleading standard in tossing her case.
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January 28, 2026
Trade Secret Filings Hit Record High In 2025, Report Finds
Trade secret litigation reached an all-time high in 2025, with more than 1,500 federal cases filed for the first time ever, according to a new report by legal analytics firm Lex Machina, which also highlights trends about damages, the busiest courts and the law firms most frequently involved.
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January 28, 2026
NJ Prep School Can't Arbitrate Student's Sex Assault Suit
A New Jersey appeals court on Wednesday refused to send to arbitration a suit seeking to hold the prestigious Lawrenceville School liable for the sexual assault of a student, saying a federal statute that bars arbitration for certain sexual assault cases renders irrelevant the school's argument about a later-signed agreement.
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January 28, 2026
7th Circ. Doubtful Climate Fight Belongs In Federal Court
Seventh Circuit judges seemed skeptical Wednesday of Chevron and other oil giants' argument that a lower court incorrectly sent Chicago's climate deception claims back to state court, questioning whether they've cited the type of contractual government work and relationship that would otherwise keep the suit in federal court.
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January 28, 2026
Tobey Maguire Says He Rerouted Fee To Goldstein
"Spider-Man" star Tobey Maguire told the jury Wednesday in Thomas Goldstein's tax fraud trial that he paid $500,000 for his legal services to another poker player the former SCOTUSblog founder owed money to, rather than Goldstein's law firm.
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January 28, 2026
Record Label Says 2 Live Crew Gave Up Rights In Bankruptcy
A Miami-based record label told an Eleventh Circuit panel Wednesday that a lower court erred in determining rap group 2 Live Crew never gave up termination rights under the Copyright Act, arguing instead that the rights were included in the sale of the records in a 1996 bankruptcy.
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January 28, 2026
Del. Justices Told ERISA, Legal Fee Tangle Unprecedented
An attorney for a distressed credit fund told Delaware's Supreme Court justices on Wednesday that a vice chancellor made an unprecedented finding last year that provisions of the nation's employee retirement income law barred entitlement to legal fee advancement in a state contract case, urging the justices to overturn the ruling.
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January 28, 2026
Judge Lets BMW Drop Contempt Bid After 'Battle Royale'
Following what BMW called a "battle royale" where the parties accused each other of misrepresentation, a Texas federal judge Wednesday granted the automaker's motion to withdraw its bid to hold Onesta IP in contempt of a now-stayed order for the licensing company to drop German litigation over U.S. patents.
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January 28, 2026
Schools Want To Appeal Financial Aid-Fixing Antitrust Case
The five private universities that have yet to settle with students over the alleged fixing of financial aid offerings are asking an Illinois federal court for permission to immediately appeal a ruling that sets the case up for trial.
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January 28, 2026
Sanctions Motion Allowed In Barratry Suit, Texas Court Says
A Texas appeals court has kept intact a motion for sanctions against a man who accused a law firm of barratry, saying Wednesday the motion was based on "ancillary conduct" and therefore not subject to the state's anti-SLAPP law.
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January 28, 2026
Trump Announces Pick For New Assistant AG For Fraud Role
President Donald Trump announced Wednesday evening that he would be nominating Colin McDonald, associate deputy attorney general, for the newly created assistant attorney general for fraud role.
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January 28, 2026
Enbridge Looks To Keep Pipeline Open Amid 7th Circ. Appeal
Enbridge Energy Inc. is looking to pause a shutdown order of a segment of its Line 5 pipeline that runs through Wisconsin tribal lands pending its Seventh Circuit appeal, arguing to a Wisconsin district court that a cutoff would cause disproportionate economic harm and energy shortages.
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January 28, 2026
IT Co.'s Arbitration Pact Undercut Class Rights, 9th Circ. Says
TEKsystems Inc. engaged in misleading and coercive actions when it provided an arbitration pact to technology recruiters seeking unpaid overtime nearly two years after they lodged their suit, the Ninth Circuit ruled Wednesday, affirming a California federal court decision.
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January 28, 2026
After Fed. Circ. Remand, PTAB Again Backs Bausch Patent
The Patent Trial and Appeal Board has found again that MSN Laboratories failed to show that a drug patent owned by Bausch Health Ireland Ltd. was invalid, after the Federal Circuit told the board to take another look last year.
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January 28, 2026
7th Circ. Weighs 'Unprecedented' Clearview AI Privacy Deal
The Seventh Circuit on Wednesday raised misgivings about a novel settlement ending multidistrict litigation over Clearview AI's collection of biometric data online, pressing an attorney for those objecting to the deal to offer alternatives they'd deem fair, given the risk of the company going bankrupt and class members receiving no payout at all.
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January 28, 2026
Concrete Co. Not Exempt From NJ Sick Leave Law, Panel Says
New Jersey suppliers can't rely on an exemption for the construction industry to avoid complying with the state's Earned Sick Leave Law, an appellate panel found Wednesday as a matter of first impression, finding the law only allows builders to claim the exemption to the law.
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January 28, 2026
1st Circ. Says Ex-Cop Proves No Bias In Retaliation Suit
The First Circuit backed the dismissal of an ex-Boston cop's retaliation suit claiming the department shared her disciplinary records with prospective employers because of her accusations that police leaders buried her claims of rape by a fellow officer, ruling she hadn't provided any evidence of bias.
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January 28, 2026
Ga. Panel Won't Order New Trial Over Jury Pool Error
A Georgia appeals court has ruled that a clerical error that led to an old jury list being used to summon potential jurors was not an error warranting a new trial in an aggravated child molestation case.
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January 28, 2026
Casino License Revocation Order Off The Mark, 8th Circ. Told
Two Cherokee Nation entities say an Arkansas federal court "struck out on its own" when it dismissed claims over the revocation of an Arkansas-issued gambling license, telling the Eighth Circuit that the decision sets a dangerous precedent that will haunt the state as it seeks multimillion-dollar investors.
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January 28, 2026
6th Circ. Affirms Retailer Not Insured For Pandemic Losses
The Sixth Circuit has upheld a Tennessee federal court's decision denying a national clothing retailer's bid for coverage for COVID-19 pandemic-related costs, ruling the lower court conducted its "choice of law" analysis correctly and that Tennessee and Pennsylvania laws bar coverage.
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January 28, 2026
Insurer Claims No Duty In Crash Suit Against Vape Shop
A deadly car accident underpinning a lawsuit against a North Carolina-based vape and smoke shop occurred several miles away from the store's grounds, so exclusions in the shop's commercial insurance policy preclude coverage, the insurer's counsel told a North Carolina state appeals court Wednesday.
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January 28, 2026
Alito Rejects Bid To Pause 3rd Circ.'s Computer Fraud Ruling
U.S. Supreme Court Justice Samuel Alito on Wednesday denied a debt collection agency's request to stay a Third Circuit decision that found the Computer Fraud and Abuse Act does not support claims against employees who share work passwords.
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January 28, 2026
Fla. Court Undoes Class Cert. Of Medicare Cos. In USAA Suit
A Florida state appeals court on Wednesday reversed class certification for a group of Medicare-contracted businesses suing USAA Casualty Insurance Co. over allegations the insurer sidestepped its obligation to pay automobile injury claims and passed them on to so-called secondary payers.
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January 28, 2026
5th Circ. Denies Insurers' Bid To Arbitrate Storm Damage Suit
The Fifth Circuit held Tuesday that domestic insurers can't compel arbitration or establish federal jurisdiction by relying on foreign insurers' involvement in a surplus line policy in which each insurer has its own agreement with the purchaser.
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January 28, 2026
NJ Justices Revive Woman's Suit Over Parole Conditions
A woman who was sent to prison for violating allegedly unconstitutional bans on social media and pornography consumption during her lifelong parole for endangering the welfare of a child may proceed with her civil suit, New Jersey's highest court ruled Wednesday in a partial reversal.
Expert Analysis
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3 DC Circ. Rulings Signal Shift In Search And Seizure Doctrine
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.
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Series
Muay Thai Makes Me A Better Lawyer
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.
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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.