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Appellate
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February 06, 2026
Shake Shack Governance Suit Headed For Dismissal In Del.
A stockholder lawsuit challenging Shake Shack Inc.'s corporate governance arrangements is set to be dismissed after the parties jointly asked the Delaware Court of Chancery to end the case, cutting off the named plaintiff's claims while preserving the ability of other stockholders to bring similar suits later.
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February 06, 2026
Va. Prosecutor Calls For Courage In Charging Feds
Several district attorneys have formed a group with a singular goal: to charge and convict federal agents who violate civil rights. Here, Law360 speaks to one of these prosecutors about the creation of Fight Against Federal Overreach and the plans for the organization.
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February 06, 2026
6th Circ. Orders Probation Terms Redo In Gang Kidnap Case
The Sixth Circuit ruled Thursday that a Michigan federal judge must reissue a set of special probation instructions because of a discrepancy between the instructions given to a defendant at in-person sentencing and what appeared in a written order.
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February 06, 2026
4th Circ. Says Trump Anti-DEI Orders Are Constitutional
The Fourth Circuit on Friday lifted a block on President Donald Trump's executive orders that terminated federal diversity, equity and inclusion programs and aimed to encourage government contractors to do the same, saying it's not the court's role to determine if the directives are "sound policy."
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February 06, 2026
NH Supreme Court Upholds $23 Million Nokia Oral Deal
The New Hampshire Supreme Court has affirmed a $23 million award a federal jury granted to Collision Communications against Nokia, representing the amount allegedly agreed upon in an over-the-phone deal made for patent licenses in 2017.
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February 06, 2026
Fed. Circ. Revives Navy Veteran's Benefits Claim
The Federal Circuit revived a protest over the denial of certain benefits for a retired Navy veteran, saying the Board of Veterans' Appeals erred when it refused to consider evidence he submitted in a lawful and timely manner.
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February 06, 2026
Verizon Workers Will Seek 2nd Circ. Pension Suit Revival
Verizon employee retirement plan participants who allege the telecom and its independent fiduciary illegally converted $6 billion in pension benefits to risky annuities told a New York federal court Friday they'll seek Second Circuit revival of their proposed class action, which was tossed on standing grounds in January.
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February 06, 2026
2nd Circ. Affirms Nix Of NY Anesthesiologists' Antitrust Suit
A New York anesthesiology practice didn't sustain an antitrust injury when a UnitedHealthcare unit used its market power to cut reimbursement rates, a Second Circuit panel affirmed Friday, finding that the change in rates was a natural consequence of the health insurance system and doesn't equate to anticompetitive harm.
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February 06, 2026
1st Circ. Revives Ex-Cop's Suit Against Gun Website Operator
A former Boston police officer who was shot in 2016 can continue pursuing claims against the operator of an online marketplace that sold the firearm, the First Circuit has ruled.
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February 06, 2026
2nd Circ. Revives Panama Man's Bid To Reopen Removal Case
A Second Circuit panel has ordered the Board of Immigration Appeals to rethink its denial of a deported Panamanian man's attempt to reopen his removal proceedings after New York further decriminalized marijuana possession and vacated convictions he was deported for.
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February 06, 2026
DC Courts To Tag In Non-Attys To Help Civil Litigants
The District of Columbia Courts is the latest court system in the U.S. to allow non-attorneys to help guide civil litigants who face matters without an attorney, creating a program that expands who can advise people facing evictions, child custody disputes and other matters.
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February 06, 2026
Fed. Circ. Backs Target's Alice Win Over Product Location IP
The Federal Circuit on Friday refused to revive claims in a series of patents covering ways of finding products within a store, backing a lower court's finding that Target was able to show the claims were invalid under the U.S. Supreme Court's Alice standard.
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February 06, 2026
NJ Panel Won't Revive Arbitration Advice Malpractice Suit
A New Jersey state appeals court has affirmed the dismissal of a long‑running legal malpractice suit against Leeds Morelli & Brown LLP, determining Friday that a former client was unable to show that a lower court judge abused his discretion in declining to accept expert reports as net opinion.
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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.
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.