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Appellate
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January 26, 2026
AI Image Is Not Copyrightable, Gov't Tells High Court
The U.S. government has urged the U.S. Supreme Court to reject an appeal from a computer scientist over whether an image created by an artificial intelligence system he developed can qualify for copyright protection, arguing that existing law clearly limits copyrights to human authors.
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January 26, 2026
Radio Co. Says Letting Nielsen Resume Data Tying Hurts Biz
Cumulus Media has urged the Second Circuit not to lift a New York federal judge's order blocking Nielsen from conditioning access to its nationwide radio ratings data on the purchase of local market data while the ratings company appeals the ruling.
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January 26, 2026
Suit Over Fatal Fire Can Go To Philippines, Conn. Justices Say
The Connecticut Supreme Court ruled Monday that a trial court conducted the right assessment in deciding that a wrongful death suit over a devastating call center fire belonged in the Philippines, in a defeat for the estate administrator for 29 people who were killed.
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January 26, 2026
4th Circ. Preview: NCAA Eligibility And E-Cigarette Law
Notwithstanding the winter storm that slammed several states over the weekend, litigators will clash at the Fourth Circuit this week on whether NCAA eligibility rules violate antitrust law, or federal law preempts North Carolina's ability to regulate e-cigarette sales.
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January 26, 2026
Justices Nix 4th Circ. Ruling That Affirmed New Criminal Trial
The U.S. Supreme Court on Monday ditched a Fourth Circuit ruling that affirmed habeas corpus relief for a Maryland man convicted of attempted murder, saying the appeals court overstepped federal habeas limits by second-guessing a state court's decision.
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January 26, 2026
DOL Asks 3rd Circ. To Back Siemens' 401(k) Forfeiture Suit Exit
The U.S. Labor Department supported Siemens Corp.'s request that the Third Circuit affirm the dismissal of a proposed class action alleging the technology company's use of millions in forfeited 401(k) funds violated federal benefits law, agreeing with a lower federal court that the allegations reached beyond ERISA's scope.
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January 26, 2026
SVB Says FDIC Can't Claim Setoff In $1.9B Fight
The bankrupt parent of the failed Silicon Valley Bank on Monday made its case to the Second Circuit that the Federal Deposit Insurance Corp. lost the right to assert setoff arguments in a fight over $1.9 billion in bank funds by failing to make the argument in SVB's Chapter 11 case.
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January 26, 2026
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court wrapped up the week with a slate of high-stakes deal challenges, governance rulings and oversight decisions, including an emergency bid to block a $10.9 billion bank merger, a state Supreme Court reversal reshaping stockholder agreement litigation and a major opinion allowing sexual misconduct oversight claims to proceed.
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January 26, 2026
High Court Won't Review Social Security Judge's Removal
The U.S. Supreme Court declined Monday to review a Federal Circuit decision upholding the removal of a Georgia-based Social Security judge who was accused of on-the-job misconduct and shoddy work.
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January 26, 2026
High Court Kicks Restitution Case Back To Mich. Justices
The U.S. Supreme Court on Monday ordered the Michigan Supreme Court to rethink ordering a man convicted of murder to pay the victim's funeral expenses under a restitution law enacted years after the slaying.
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January 26, 2026
Supreme Court To Define 'Consumer' Under Privacy Law
The U.S. Supreme Court on Monday agreed to consider what criteria consumers need to meet in order to sue under the federal Video Privacy Protection Act, accepting a challenge to a ruling that said a Paramount digital newsletter subscriber could not bring a lawsuit.
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January 23, 2026
Ill. High Court OKs Police Force Evidence In Defense Cases
The Illinois Supreme Court on Friday ordered state trial courts to consider allegations of police use of excessive force when deciding whether to provide a self-defense jury instruction in police battery cases.
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January 23, 2026
Kenvue Unit Asks Justices To Clarify Class Cert. Expert Rules
A unit of consumer health products company Kenvue has urged the U.S. Supreme Court to hear its class certification challenge in litigation over Neutrogena's "oil-free" face wash labels, arguing circuit courts are "openly and intractably" divided over whether expert testimony must be admissible for certification and the split has "immense practical consequences."
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January 23, 2026
DC Circ. Revives Terrorism Liability Suit Against Pharma Cos.
A D.C. Circuit panel revived a lawsuit Friday accusing pharmaceutical companies of aiding a Hezbollah-linked militia's terrorism in Iraq, saying the victims behind the case have adequately alleged that the companies' participation was conscious and voluntary.
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January 23, 2026
High Court Unlikely To Walk Back MLB's Antitrust Privilege
Baseball's status as the lone sport exempt from federal antitrust laws is likely to evade U.S. Supreme Court scrutiny, with legal experts saying that only an extraordinary challenge could make justices even consider it.
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January 23, 2026
Feds' Wind Farm National Security Claim Faces Skepticism
Federal courts aren't buying the Trump administration's argument that construction of offshore wind farms should be halted for national security reasons, with some judges suggesting that the government isn't making its claim in good faith.
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January 23, 2026
6th Circ. Won't Revive Bread Financial Investors' Suit
The Sixth Circuit won't resuscitate investor claims against the company now known as Bread Financial Holdings Inc., finding that the suit didn't show how shareholders were misled or defrauded leading up to a corporate spin-off that ended in bankruptcy.
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January 23, 2026
Conn. High Court Snapshot: $13.2M Estate Tax Tops January
The state of Connecticut's attempt to collect $13.2 million in taxes from the estate of a healthcare executive and a hospital's potential liability for releasing a mental health patient who later killed his girlfriend are two of the top cases on the Connecticut Supreme Court's January and February docket. Here are the highlights of the court's fourth term of its 2025-2026 season.
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January 23, 2026
Med Mal Verdict Must Be Offset By Other Deal, Panel Says
An Illinois state appeals court has ruled that an urgent care center found liable at trial for medical negligence was entitled to have the $2.92 million verdict reduced by the amount its co-defendants agreed to pay in a high-low deal reached just before the verdict was reached.
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January 23, 2026
Supreme Court Caseload Hits 160-Year Low
Not since the Civil War has the U.S. Supreme Court heard oral arguments in as few cases as it will this term — the latest milestone for the court's shrinking docket, and one attorneys say might have more to do with the high court's culture than its expanding emergency appeals caseload.
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January 23, 2026
DC Circ. Backs FERC In Oil Pipeline Pricing Dispute
The D.C. Circuit on Friday denied a petition challenging the method used by the Federal Energy Regulatory Commission to determine the value of oil flowing through an Alaskan pipeline, finding the agency correctly considered inflation and other factors.
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January 23, 2026
Calif. Urges 9th Circ. To Block Sable Pipeline Permit
California Attorney General Rob Bonta on Friday asked the Ninth Circuit to shut down the Trump administration's emergency approvals for Sable Offshore Corp.-owned onshore pipelines, calling it another "unlawful power grab" that violates the Administrative Procedure Act.
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January 23, 2026
High Court's Med Mal Ruling Won't Spark Rise In Suits
The U.S. Supreme Court's recent ruling that a Delaware medical malpractice statute can't be enforced in federal court won't cause a noticeable rise in cases, experts said, but it could lay the groundwork for other cases involving conflicting procedural state laws.
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January 23, 2026
4th Circ. Maroons Copyright Fight Over Pirate Ship Pics
The Fourth Circuit on Friday relieved for good North Carolina's government from a long-running copyright infringement suit over photos and videos of a famous pirate shipwreck, saying a lower court was wrong to revive the claims in the case, which at one point went to the U.S. Supreme Court.
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January 23, 2026
Fla. Judge Stresses Need For Selective Publication System
A Florida appellate judge has strongly criticized the lack of a selective publication system for the state's appeals courts, which he said creates an overreliance on unsigned per curiam decisions that can lead to inconsistent applications of law across the state.
Expert Analysis
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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.
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Contract Disputes Recap: Delay, Plain Text, Sovereign Acts
Three recent decisions addressing familiar pressure points show that even well-worn doctrines evolve, and both contractors and the government should reexamine their assumptions, says Zachary Jacobson at Seyfarth.
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Opinion
A Uniform Federal Rule Would Curb Gen AI Missteps In Court
To address the patchwork of courts’ standing orders on generative artificial intelligence, curbing abuses and relieving the burden on judges, the federal judiciary should consider amending its civil procedure rules to require litigants to certify they’ve reviewed legal filings for accuracy, say attorneys at Shook Hardy.
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9th Circ. Ruling Clarifies Auditor Liability For IPO Errors
The Ninth Circuit's recent decision in Hunt v. PricewaterhouseCoopers elucidates the legal standard for claims against auditors in connection with a company's initial public offering, confirming that audit opinions are subjective and becoming the first circuit to review this precise question since the U.S. Supreme Court's 2015 Omnicare ruling, say attorneys at Morgan Lewis.