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Appellate
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February 06, 2026
EPA's Air Review Rule Backed By Industry Groups
Industry groups have backed the U.S. Environmental Protection Agency's formula for triggering air pollution review at industrial facilities, telling the D.C. Circuit that environmental groups challenging the agency are attempting to expand the scope of Clean Air Act permitting beyond what Congress intended.
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February 06, 2026
5th Circ. Nixes 50-Year Ponzi Sentence Due To Misinformation
A former Texas lawyer who lost millions of dollars belonging to his clients as part of a sweeping Ponzi scheme has had his 50-year prison sentence vacated, after the Fifth Circuit agreed he was misled by the lower court regarding the maximum time he could face.
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February 06, 2026
MoFo Seattle Launch Was 'Right Time With The Right People'
Morrison Foerster LLP had long considered Seattle as a potential expansion opportunity, but the firm was simply waiting for the right time to enter the hot Emerald City legal market.
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February 06, 2026
11th Circ. Says Slur Allegations Back Harassment Suit
A split Eleventh Circuit panel on Friday reinstated a Black truck salesman's harassment suit claiming a supervisor called him "boy" and that his colleagues regularly called nonwhite customers racial slurs, ruling his hostile work environment claims were strong enough to keep his suit alive.
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February 05, 2026
DOJ Adds 6 New Immigration Judges And 27 Temporary Ones
The U.S. Department of Justice has hired 33 new immigration judges, 27 of whom are temporary, according to an announcement Thursday, against a backdrop of a still large immigration court backlog and the Trump administration's ongoing immigration crackdown.
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February 05, 2026
5th Circ. Mulls Families' Rights In Boeing-DOJ 737 Max Deal
The Fifth Circuit on Thursday questioned whether crash victims' families are owed "unfettered" rights to consult with the U.S. Department of Justice over its refusal to criminally prosecute Boeing for conspiring to defraud safety regulators about the 737 Max's development.
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February 05, 2026
7th Circ. Deems Pilgrim's Price-Fix Settlement Non-Binding
The Seventh Circuit on Thursday held that Pilgrim's Pride did not definitively settle chicken and other protein price-fixing claims with Sysco via a brief email acceptance and unsigned agreement, ruling that "a barebones email exchange" and unsigned agreement wasn't enough to formally resolve the dispute.
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February 05, 2026
Ex-Exec At Perot's VC Firm Says Boss Owes Him For $2B Sale
A Dallas businessman sued billionaire Ross Perot Jr. in Texas state court on Thursday saying Perot stiffed him out of his rightful equity interest in a healthcare company that sold for $2 billion and refused to honor an explicit promise.
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February 05, 2026
BNY Mellon Can't Sue Investor In Texas Over Facility Funding
A Texas appellate court determined Thursday that Bank of New York Mellon Trust Co.'s suit against the company that purchased senior revenue certificates for a student housing facility does not belong in the Lone Star State, saying the bank failed to demonstrate that the company's conduct tied it to Texas.
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February 05, 2026
NJ Panel Tosses Estate Heir's Demand For Law Firm's File
A New Jersey appellate panel upheld on Thursday the dismissal of an estate heir's attempt to seize the original client file of the now-defunct Budd Larner PC, finding that he failed to show that the firm ever represented him in a 2015 property sale and waited too long to file suit.
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February 05, 2026
Texas Panel Upholds Receivership In $2M Lung Disease Suit
A Texas appeals court affirmed the appointment of a receivership in a $2.2 million lung disease suit on Wednesday, ruling that the company appealing the receivership failed to address all the legal grounds supporting the appointment.
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February 05, 2026
8th Circ. Says Farmer Must Face Water Dispute In Tribal Court
The Eight Circuit ruled that a Minnesota farmer can't block White Earth Tribal Court proceedings in federal court while his river water permitting case is still being litigated in the tribe's court system.
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February 05, 2026
PGA Tour Didn't Price Gouge Rivals' Atty, Fla. Judges Rule
A bid to overturn the dismissal of a suit accusing the PGA Tour of inflating its event prices as part of a plot against golfers from the rival LIV tour was turned away Thursday by a Florida state appeals court.
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February 05, 2026
Philly Judge Erred In Bumping Med Mal Suit To NJ, Panel Says
The Pennsylvania Superior Court has ruled in a precedential opinion that a Philadelphia judge incorrectly handed Rothman Orthopaedics a win by agreeing that a woman's medical malpractice suit against it should have been filed in New Jersey, reasoning that the company failed to show "weighty" reasons that the city was not the right place to litigate the case.
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February 05, 2026
NY Times Article Excerpts Admitted In Goldstein Trial
Federal prosecutors pressing their case against SCOTUSblog co-founder Thomas Goldstein for tax evasion and misleading statements on mortgage applications were finally able on Thursday to present jurors with key statements the U.S. Supreme Court lawyer made to legal journalist Jeffrey Toobin for a long New York Times Magazine article.
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February 05, 2026
Walmart Alice Win In Content Patent Suit Backed By Fed. Circ.
The Federal Circuit on Thursday agreed with U.S. District Judge Alan Albright's conclusion that a trio of content sharing patents asserted against Walmart are invalid for covering an abstract idea, rejecting the owner's arguments that certain claim limitations save the patents.
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February 05, 2026
Colo. Appeals Panel Expands Insurer Disclosure Obligations
A Colorado Court of Appeals panel Thursday found that a copy of an insurance policy obtained by the at-fault driver after a crash is still required to be disclosed to the victim driver in litigation in a split 2-1 decision and first impression interpretation of the Colorado statute.
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February 05, 2026
Fed. Circ. Judge To Intel IP Atty: Your View Is 'Unreasonable'
The Federal Circuit's chief judge on Thursday reprimanded an attorney representing Intel for his "truly unreasonable" claim that a contract with VLSI Technology to streamline patent litigation should only count toward damages, not infringement.
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February 05, 2026
Ex-Alex Jones Atty Asks Conn. Justices To Nix Suspension
A Connecticut attorney who formerly represented conspiracy broadcaster Alex Jones in a $1.4 billion defamation case has asked the state's highest court to consider whether it was proper for a judge to suspend his law license for violating a protective order governing Sandy Hook families' personal information.
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February 05, 2026
Law Firms Back NFL In Arbitration Clause Suit Before Justices
Two nonprofit public interest law firms are pressing the U.S. Supreme Court to review a Second Circuit opinion finding the National Football League's arbitration process unenforceable, saying the opinion encourages judges to issue "subjective and arbitrary" decisions on arbitration clauses.
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February 05, 2026
Energy Dept. Defends University Grant Cost Cap To 1st Circ.
The U.S. Department of Energy urged the First Circuit to overturn a Boston federal judge's decision to block its attempt to cap reimbursable indirect costs for research grants awarded to colleges and universities, arguing it acted in line with its regulations.
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February 05, 2026
2nd Circ. OKs Hospital Hold Extensions In Incompetency Case
The Second Circuit on Thursday broadened the amount of discretion given to federal judges when determining whether continued hospitalization is necessary for defendants found to be incompetent to stand trial.
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February 05, 2026
DC Circ. Doubts ICE Church Raids Can't Be Blocked
The majority of a three-judge D.C. Circuit panel appeared skeptical Thursday that they shouldn't block the Trump administration from enforcing immigration laws at sensitive locations such as churches, questioning the government's argument that the alleged harm is too speculative.
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February 05, 2026
Full Fed. Circ. Won't Rethink Heart Monitor Patent Claim Ax
The full Federal Circuit won't rethink a panel's refusal to revive claims in a wireless heart rate monitor patent owned by Finnish sports tech company Polar Electro Oy that a lower court found were invalid.
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February 05, 2026
NJ Panel Backs Treasury Dept. Win In Discrimination Suit
A New Jersey appellate panel has backed the New Jersey Department of Treasury's win in a disability discrimination suit by one of its employees, ruling her claims are either time barred or lack the necessary evidence to show severe enough conduct by the department.
Expert Analysis
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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.
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Series
Nature Photography Makes Me A Better Lawyer
Nature photography reminds me to focus on what is in front of me and to slow down to achieve success, and, in embracing the value of viewing situations through different lenses, offers skills transferable to the practice of law, says Brian Willett at Saul Ewing.
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Series
Law School's Missed Lessons: Practical Problem Solving
Issue-spotting skills are well honed in law school, but practicing attorneys must also identify clients’ problems and true goals, and then be able to provide solutions, says Mary Kate Hogan at Quarles & Brady.
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Software Patents May Face New Eligibility Scrutiny
November guidance from the U.S. Patent and Trademark Office, along with recent litigation trends from the Federal Circuit, may encourage new challenges in the USPTO and district courts to artificial intelligence and software patents that rely on generic computing functions without concrete details, say attorneys at Venable.