Appellate

  • March 26, 2026

    Hawaii Condo Units Not Apts. For Tax Purposes, Court Rules

    Hawaii condominium units in a Maui multiunit property are considered nonowner-occupied properties — not apartments — and should be taxed at higher rates under a county ordinance, a Hawaii appeals court affirmed.

  • March 26, 2026

    FCC Defends Waiver Power In Nexstar-Tegna Merger Fight

    The Federal Communications Commission on Thursday defended its authority to waive the television station ownership cap and approve the transfers at the heart of Nexstar's $6.2 billion acquisition of Tegna, telling the D.C. Circuit that the cap, as an agency rule, can be dispensed with for good cause.

  • March 26, 2026

    9th Circ. Reinstates Critical Habitat Designations For Seals

    The Ninth Circuit has reinstated critical habitat designations for two Arctic seal species, finding that federal wildlife officials were in line with the Endangered Species Act and were not required to consider foreign conservation efforts or habitats when establishing the regions.

  • March 26, 2026

    Unified Patents Keeps Win Over Email Filtering IP At Fed. Circ.

    The Federal Circuit on Thursday said it won't restore claims in an email filtering patent challenged by Unified Patents, backing a Patent Trial and Appeal Board's decision that earlier inventions rendered the claims invalid.

  • March 26, 2026

    2nd Circ. Reopens Mortgage-Backed Securities ERISA Suit

    The Second Circuit on Thursday revived a federal benefits lawsuit against Wells Fargo and Ocwen accusing the companies of mishandling home loans tied to a union pension fund's investments, overturning a lower court ruling that handed the bank and loan servicing companies a pretrial win in the proposed class action.

  • March 26, 2026

    Shutts & Bowen Must Face DQ Bid In Fla. Real Estate Dispute

    A Florida state appeals court on Wednesday revived a bid to disqualify Shutts & Bowen LLP from representing a member of a real estate business in a dispute with his fellow owners, saying a trial court improperly barred certain testimony before rejecting the disqualification motion.

  • March 26, 2026

    Watchdog Suit Seeking NJ AG Ethics Training Docs Revived

    A New Jersey appellate panel on Thursday revived a government watchdog's suit over the state attorney general's office's denial of its public records request for attorney ethics training materials, ruling the trial court should have conducted an in camera review of the requested documents before dismissing the complaint.

  • March 26, 2026

    9th Circ. Upholds Medtronic Win In Spinal Cord Device Suit

    A Washington man cannot sue medical device maker Medtronic USA Inc. on allegations it sold him a spinal cord implant that malfunctioned causing greater pain, the Ninth Circuit ruled, saying he lacked expert witnesses to support his negligence claims.

  • March 26, 2026

    Ex-Deloitte Workers Can't Undo Charge Revival, 4th Circ. Says

    The full Fourth Circuit has declined to reconsider its late February decision to revive most of the charges against two ex-Deloitte workers accused of stealing the company's trade secrets, after the workers insisted the unfavorable ruling bucked circuit and U.S. Supreme Court precedent.

  • March 26, 2026

    Creek Justices Order New Update On Freedmen Citizenship

    The Muscogee (Creek) Supreme Court has ordered a second status report on how the tribe's citizenship board and principal chief are complying with a decision to give citizenship to descendants of those once enslaved by the Indigenous nation.

  • March 26, 2026

    11th Circ. Affirms Slashing Tax Breaks For Conservation Gifts

    Two partnerships that claimed tens of millions of dollars in tax deductions for protecting 530 acres in Georgia from development grossly overvalued their contributions and rightfully drew penalties from the Internal Revenue Service, the Eleventh Circuit said in affirming a U.S. Tax Court decision.

  • March 26, 2026

    Worker Who Scored High Court Win Can't Get Atty Fees Yet

    An Ohio federal judge refused to award $466,000 in attorney fees to a straight woman who persuaded the U.S. Supreme Court to revive her bias suit, saying that while she won her appeal she still hasn't technically won the case.

  • March 26, 2026

    NC Justices Asked To Review 'Sealed Container' Defense

    A man suing a retailer and distributor over injuries he sustained when a counterfeit lithium-ion battery exploded is asking the North Carolina Supreme Court to take up the case, saying the appeals court wrongly held that the sealed container defense blocked his claims.

  • March 25, 2026

    Split Del. High Court Affirms Paramount Merger Docs Ruling

    In a split decision, the Delaware Supreme Court on Wednesday agreed with a lower court's finding that news articles containing anonymous sourcing were reliable enough to support investors' demands for records pertaining to Paramount Global's merger with Skydance Media.

  • March 25, 2026

    PTAB Was Never '100% Discretionary,' Rep. Issa Tells Squires

    U.S. Patent and Trademark Office Director John Squires is exceeding the authority Congress intended to grant him in the America Invents Act for discretionarily denying patent challenges, the U.S. House of Representatives' intellectual property leader said Wednesday.

  • March 25, 2026

    9th Circ. Upholds Violent Crime Definition In Ore. Law

    The Ninth Circuit on Wednesday held that convictions under Oregon's attempted assault statute constitute violent crimes under federal sentencing guidelines, upholding a gun-possession sentence for a felon with multiple convictions.

  • March 25, 2026

    11th Circ. Largely Backs Atlanta's Win In Cop's Bias Suit

    The Eleventh Circuit largely backed several wins by the city of Atlanta in a race bias and whistleblower suit from a former police lieutenant, ruling Wednesday that his retaliation claim "does not present a close call, or even a close call about whether there is a close call."

  • March 25, 2026

    9th Circ. Affirms Pelosi Attacker's Conviction, 30-Year Bid

    The Ninth Circuit Wednesday affirmed the conviction and 30-year prison sentence for a man who attempted to kidnap former House Speaker Nancy Pelosi and assaulted her husband, holding in a published opinion that a California federal court properly resentenced him after failing to let him directly address the judge before sentencing.

  • March 25, 2026

    Nexstar Says No Harm On The Horizon From $6.2B Tegna Deal

    Nexstar and Tegna have come out swinging against a "last-minute, unfounded" attempt by eight states to block the companies from continuing to co-mingle their businesses following their $6.2 billion television station merger after receiving the go-ahead from the Federal Communications Commission.

  • March 25, 2026

    Justices' Music Piracy Ruling Could Reverberate Beyond ISPs

    The U.S. Supreme Court's ruling that Cox Communications is not liable for its customers' music piracy circumscribes the theories copyright owners may pursue for secondary infringement — limits that attorneys say will extend beyond internet service providers and influence litigation involving e-commerce platforms and artificial intelligence.

  • March 25, 2026

    10th Circ. Panel Skeptical Of Oklahoma Immigration Law

    A Tenth Circuit panel appeared skeptical during oral arguments Wednesday of Oklahoma's arguments that federal law doesn't preempt a state law that attempts to make it a crime for unauthorized immigrants to live in the state.

  • March 25, 2026

    Wash. Panel Revives Prison Drug Swab Suit

    A Washington state appeals court has partially revived a lawsuit brought by incarcerated people who claim their constitutional rights were violated by prison officials who used tests known to produce false positives to enforce a random drug testing policy inside state prisons.

  • March 25, 2026

    3rd Circ. Probes Free Speech Impact Of NJ Telemedicine Law

    A Third Circuit panel on Wednesday examined whether New Jersey can bar out-of-state doctors from consulting with Garden State patients via phone or video without a state license, pressing both sides on where to draw the line between protected speech and the regulated practice of medicine.

  • March 25, 2026

    Co.'s Dual Citizenship Doesn't Kill Jurisdiction, 4th Circ. Told

    A medical supply company urged the Fourth Circuit on Wednesday to revive its suit against a U.K. company over COVID-19 test kits, arguing the Chinese citizenship of one of its members doesn't destroy a North Carolina federal judge's ability to hear the case.

  • March 25, 2026

    Woman Deserves Relief From Tax Prep Fraud, Justices Told

    Two taxpayer groups and a tax counsel association urged the U.S. Supreme Court to hear a woman's appeal over liabilities triggered by a fraudulent preparer, arguing the Third Circuit decision in the case misread the fraud exception in the tax assessment statute.

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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