Appellate

  • February 05, 2026

    FERC's Grid Planning Policy Revamp Is Proper, 4th Circ. Told

    Clean energy supporters and blue state officials are backing the Federal Energy Regulatory Commission's overhaul of its regional transmission planning policy, telling the Fourth Circuit that the agency properly exercised its authority while ensuring states have a seat at the planning table.

  • February 05, 2026

    Fed. Circ. Doubtful Of Reviving Contractor's Lost Profit Claim

    The Federal Circuit appeared skeptical Thursday of a contractor's claim for lost profits after the U.S. Air Force declined to extend its construction contract, questioning whether it's reasonable for the contractor to claim profits for subsequent extension years after losing out on the first year.

  • February 05, 2026

    Apple Avoids Heightened EU Rules For Ads, Maps

    The European Commission announced Thursday that Apple's Ads and Maps features aren't used enough in the European Union to warrant imposing interoperability and other obligations foisted on other services from Apple and other major technology companies deemed "gatekeepers" under the Digital Markets Act.

  • February 05, 2026

    Fed. Circ. Supports No Infringement Ruling In Ladder IP Case

    The Federal Circuit on Thursday refused to revive a Little Giant Ladder Systems lawsuit accusing a rival of infringing a patent on a ladder with a locking mechanism, agreeing with a lower court's rejection of the patent owner's two infringement theories.

  • February 05, 2026

    TikTok Urges NC Justices To Toss State's Addictive App Suit

    The North Carolina attorney general can't haul California-based TikTok Inc. and its now-minority Chinese owner ByteDance Inc. into state court to hash out addictive app and deceptive marketing claims solely because the online platform can be accessed in the Tar Heel State, the companies have told North Carolina's highest court.

  • February 05, 2026

    9th Circ. Rejects Qualified Immunity For Ariz. Police Shooting

    The Ninth Circuit has ruled that a family can continue their case against a sheriff who, thinking a car key fob was a gun, killed their relative, affirming there were enough disputed facts to bar the Arizona officer from asserting qualified immunity for his actions.

  • February 05, 2026

    DOJ Tells Immigration Board To Limit Cases Without Novel Issue

    The U.S. Department of Justice on Thursday issued a rule directing its Board of Immigration Appeals to swiftly dismiss cases that don't raise "novel" issues to confront a backlogged docket of noncitizens contesting removal orders and other immigration court decisions.

  • February 05, 2026

    Fed. Circ. Upholds $1.5B In US Commerce IT Contracts

    The Federal Circuit said in a Thursday decision that it was within the purview of the U.S. Department of Commerce to scrap all the awards for $1.5 billion in IT contracts and restart the evaluation process.

  • February 05, 2026

    Trump Admin Asks 4th Circ. To Unfreeze ACA Rule Changes

    The Trump administration is urging the Fourth Circuit to let it plow ahead with two changes to Affordable Care Act regulations that a Maryland federal judge froze in August, arguing the rule changes are within the U.S. Department of Health and Human Services' power to enact.

  • February 05, 2026

    Arbitration Pact Doesn't Block Race Bias Suit, 6th Circ. Says

    The Sixth Circuit backed a trial court's ruling that an arbitration agreement didn't apply to a Black ex-security officer's suit claiming Detroit's Renaissance Center failed to address concerns that white officers mistreated their Black co-workers, ruling a grammatical decision in the pact keeps his case in court.

  • February 05, 2026

    Judiciary Backs Bill To Let Judges Carry Concealed Guns

    The federal judiciary has come out in support of a Republican-led bill to allow judges and prosecutors to carry concealed firearms across state lines, according to a letter obtained by Law360.

  • February 05, 2026

    4th Circ. Upholds Conviction, 40-Year Sentence In Drug Case

    The Fourth Circuit declined to overturn the conviction and 40-year sentence of a man found guilty of multiple drug and firearms offenses, finding that his trial was fair and that a trial court correctly applied obstruction of justice and leadership enhancements to his case.

  • February 05, 2026

    Exxon Urges Justices To Permit Cuba Seizure Damage Claims

    Exxon said a Cuban government entity "fundamentally" misunderstands a federal act letting U.S. victims of Cuban property seizures seek damages, pushing the U.S. Supreme Court to reverse a lower court's finding that the act doesn't automatically void the immunity of state entities.

  • February 05, 2026

    News Orgs Urge 1st Circ. To Reject Lobster Industry Libel Suit

    The New York Times, The Atlantic and other national news media organizations have asked the First Circuit to sink a defamation suit by lobster fishermen over a conservation group's warning not to eat lobster because of the purported impact on an endangered whale species.

  • February 05, 2026

    Fla. Justices Let AG Drop Pot Ballot Campaign Challenge

    The Florida Supreme Court has agreed to let the state's attorney general dismiss his request for an advisory opinion on the constitutionality of an adult use cannabis ballot initiative over the objection of the initiative's sponsors.

  • February 05, 2026

    Judge Who Resigned To Criticize Trump Had Faced Inquiry

    Former Massachusetts U.S. District Judge Mark L. Wolf was the subject of an inquiry into potential misconduct when he announced his November resignation, a decision he said at the time was motivated by a desire to speak out against the Trump administration, according to a source familiar with the matter.

  • February 05, 2026

    Amazon Screenings Are 'Hours Worked,' Conn. Justices Rule

    Amazon security screenings count as "hours worked" under Connecticut state employment law, and no legal exception permits the retailer to withhold pay for time spent on minimal matters at the end of a worker's shift, the state supreme court ruled unanimously on Thursday.

  • February 05, 2026

    McGuireWoods, MoFo Enter Seattle With Perkins Coie Attys

    McGuireWoods LLP and Morrison Foerster LLP announced Thursday that they've opened offices in Seattle with large groups of former Perkins Coie LLP attorneys.

  • February 05, 2026

    2nd Circ. Won't Kick Luxottica Pension Fight To Arbitration

    The Second Circuit backed a lower court's refusal to compel individual arbitration of a former Luxottica worker's proposed class action alleging pension underpayments, ruling Thursday that she had standing to sue for plan reformation but couldn't seek monetary payments on the plan's behalf.

  • February 04, 2026

    DC Circ. Preserves Secrecy Of DOJ's Gag Orders On Google

    The D.C. Circuit has rejected a nonprofit group's push to unmask applications filed by the U.S. Department of Justice that blocked Google from informing one of its email subscribers about a subpoena for some of his account data, agreeing with the lower court that the records were shielded by grand jury secrecy rules.

  • February 04, 2026

    Goldstein Accountant Admits Tax Return Errors

    A star government witness and the top outside accountant for SCOTUSblog founder Thomas Goldstein and his law firm admitted to making mistakes on Goldstein's tax returns and offering the grand jury erroneous testimony, under cross-examination in the U.S. Supreme Court lawyer's tax fraud trial Wednesday.

  • February 04, 2026

    ​What's Left In VLSI-Intel's $3B Patent Litigation

    Intel and VLSI are set to square off Thursday at the Federal Circuit ​i​n one arm of their high​-stakes fight over semiconductor patents, but questions over the state of $3 billion in verdicts, a potential license, fraud allegations and invalidations are still playing out in other cases. Here's where things stand.​

  • February 04, 2026

    PacifiCorp Urges Appeals Court To Scotch Broad Fire Liability

    The power utility PacifiCorp argued to an Oregon appeals court Wednesday that broad-brush trial evidence and class certification issues require overturning a 2023 verdict that made the company liable to property owners for wildfires around the state on Labor Day 2020.

  • February 04, 2026

    9th Circ. Reopens Funko Investors' Securities Class Action

    A Ninth Circuit panel Wednesday revived a proposed securities class action against toy-maker Funko Inc. and two former executives, ruling that shareholders sufficiently alleged that some company statements about its handling of millions of dollars of dead inventory were false and misleading.

  • February 04, 2026

    Fed. Circ. Leans Toward Vacating $12.7M Copyright Award

    The Federal Circuit appeared likely to vacate a $12.7 million copyright infringement award against the federal government on Wednesday, pressing attorneys for a software developer and the government to answer what instructions should be given to the claims court on remand.

Expert Analysis

  • 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.

  • The Major Securities Litigation Rulings And Trends Of 2025

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    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.

  • A 6th Circ. Snapshot: 3 Cases That Defined 2025

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    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.

  • How Fractional GCs Can Manage Risks Of Engagement

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    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.

  • Health, Legal Employers Face Unique Online Speech Hurdles

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    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.

  • Opinion

    Justices Should Clarify Loper Bright Doctrine Via Patent Case

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    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.

  • 3 Notable Developments In Ch. 15 Bankruptcy This Year

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    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.

  • Reviewing 2025's Most Pertinent Wiretap Developments

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    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.

  • Series

    Nature Photography Makes Me A Better Lawyer

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    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.

  • Series

    Law School's Missed Lessons: Practical Problem Solving

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    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.

  • Software Patents May Face New Eligibility Scrutiny

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    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.

  • Contract Disputes Recap: Delay, Plain Text, Sovereign Acts

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    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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