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Appellate
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January 13, 2026
DC Circ. Upholds NLRB's Ruling Against Mont. Telco
The D.C. Circuit Tuesday upheld the National Labor Relations Board's finding that a telecom company illegally withheld records of its use of non-union workers from a union, saying the company forfeited its argument that the union took too long to back up its demand.
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January 13, 2026
Youths Urge 9th Circ. To Revive Trump Energy Orders Fight
A group of young people asked the Ninth Circuit to revive their lawsuit challenging President Donald Trump's energy-related emergency orders, arguing the lower court erred by saying it did not have jurisdiction to rule on the matter.
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January 13, 2026
North Carolina County Tells 4th Circ. It Didn't Underpay EMTs
A North Carolina federal court correctly ruled that a North Carolina county didn't owe damages to EMS workers because their pay structure included both straight time and overtime, but erred in concluding the county violated federal wage law, the county told the Fourth Circuit.
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January 13, 2026
Carnival Urges 11th Circ. To Undo $10M Sexual Assault Verdict
Cruise line Carnival urged the Eleventh Circuit on Tuesday to reverse a decision awarding $10 million to a passenger who was sexually assaulted, arguing it was unfairly prejudiced when FBI evidence rebutting her testimony was admitted during trial after it was previously rejected by the lower court.
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January 13, 2026
5th Circ. Urged To Revive Southwest 737 Max Overcharge Suit
Consumers have urged the Fifth Circuit to revive their claims alleging Southwest Airlines overcharged them for riskier flights on Boeing 737 Max 8 jets, saying they've asserted a classic benefit-of-the-bargain injury that gives them standing to sue.
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January 13, 2026
Former USPTO Solicitor Joins Orrick's Supreme Court Group
A veteran U.S. Patent and Trademark Office attorney has come aboard Orrick Herrington & Sutcliffe LLP in Washington, D.C., as a partner in the firm's Supreme Court and appellate practice, Orrick announced Tuesday.
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January 13, 2026
Justices Seem Poised To Greenlight Transgender Athlete Bans
The conservative wing of the U.S. Supreme Court voiced skepticism of allowing transgender athletes to compete in women's and girls' sports Tuesday, while also signaling a willingness to keep its ruling narrowly tailored.
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January 13, 2026
4th Circ. Combines DOJ Appeals Of Comey, James Dismissals
The Fourth Circuit has granted the Trump administration's request to combine its previously separate appeals of the dismissals of prosecutions against former FBI Director James Comey and New York Attorney General Letitia James.
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January 13, 2026
Fed. Circ. Gives Apple New Shot At Axing Smart Mobile Patent
The Federal Circuit on Tuesday revived Apple's challenge at the Patent Trial and Appeal Board to a technology patent that Smart Mobile Technologies LLC accuses it of infringing.
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January 13, 2026
'Sazerac Stitches' TM Too Similar To Sazerac, Fed. Circ. Says
The Federal Circuit on Tuesday affirmed a trademark tribunal's refusal to register "Sazerac Stitches" for a variety of home goods and decor items because of potential confusion with the distilled spirits and cocktail accessories sold by Sazerac Brands LLC.
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January 13, 2026
Harvard Seeks 1st Circ. Backing For Student Visa Program
The federal government "has no persuasive defense" of its efforts to bar international students from enrolling at Harvard University, the school told the First Circuit in asking the court to uphold an order enjoining the move.
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January 13, 2026
Express Scripts Can't Impel FTC Atty Views On Insulin Makers
A Federal Trade Commission in-house judge has denied a bid from Express Scripts to force a commission attorney to sit for a deposition to discuss an investigation into insulin manufacturers as the pharmacy benefit manager defends against the agency's insulin pricing case.
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January 13, 2026
Jack Smith To Testify Publicly Next Week
Former special counsel Jack Smith is slated to testify publicly before the House Judiciary Committee on Jan. 22 after, according to his attorney, having been "ready and willing" to do so for a while.
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January 13, 2026
J&J Wins Partial Reversal Of $1B Merger Milestone Loss
Delaware's Supreme Court has partially reversed a vice chancellor's September 2024 ruling that Johnson & Johnson owes more than $1 billion for failing to prioritize regulatory approvals linked to "earnout" payments for robotic surgical device technology that J&J acquired from a developer.
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January 13, 2026
Mass. Court Clears Title Insurer In Lender's Foreclosure Loss
A title insurance company's successful effort to dissolve a previously missed $1.6 million attachment on a piece of property was all that was required to absolve it of liability to a second mortgage lender after the primary lender foreclosed, a panel of Massachusetts' intermediate-level appeals court concluded Tuesday.
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January 13, 2026
Ga. Panel Doesn't Blink At $50M Bungled Root Canal Verdict
The Georgia Court of Appeals appeared skeptical Tuesday of an Atlanta dentist's bid to overturn a $50 million malpractice verdict against him over a botched root canal, doubting that the award necessarily "shocks the conscience" merely because an earlier, smaller verdict was thrown out on that basis.
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January 13, 2026
Tribal Groups Weigh In On High Court Miss. Ballot Dispute
A group of Native American organizations is backing a U.S. Supreme Court petition that looks to reverse a Fifth Circuit determination on Mississippi's law regarding late-arriving mail-in ballots, arguing that not allowing states to extend receipt deadlines will lead to further disenfranchisement of Indigenous people.
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January 12, 2026
US Backs Tarnishment Provision Constitutionality At 9th Circ.
Jack Daniel's has urged the Ninth Circuit to affirm a district court's ruling that a company's poop-themed "Bad Spaniels" dog toy tarnished the whiskey maker's trademark, while the federal government separately opposed the toy maker's contention that the Lanham Act's tarnishment provision violates the First Amendment.
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January 12, 2026
Gov't Fights Block Of EOs Curbing Federal Unions At 9th Circ.
The Trump administration urged a Ninth Circuit panel Monday to scrap a preliminary injunction blocking President Donald Trump's executive order that eliminates labor contracts for purported "national security agencies," arguing that federal courts lack jurisdiction over the dispute and the president is afforded broad deference in such national security determinations.
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January 12, 2026
5th Circ. Won't Revive TMX's Texas Challenge To $52M Pa. Fine
An affiliate of consumer lender TMX Finance can't use Texas federal courts to challenge the enforcement of Pennsylvania's consumer lending interest rate cap by the Keystone State's financial regulator, the Fifth Circuit has determined.
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January 12, 2026
The Curious, Very Long Delay In A Pioneering Drug Prices Suit
When Merck & Co. launched a fiery challenge to Medicare's landmark drug price negotiations, it blazed a trail for many similar suits. But 31 months later, the challenge is stalled where it started as Merck begs for a ruling, other suits speed along the path it created and huge costs now seem unavoidable.
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January 12, 2026
Viamedia Seeks Late Addition To Ad Market Witness List
Viamedia Inc. asked an Illinois federal judge to allow a post-discovery witness addition to an upcoming trial against Comcast over competition in the cable ad sales market, saying it discovered the man's relevant knowledge after he joined Viamedia's board.
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January 12, 2026
Attorneys Chastened By Fed. Circ.'s ITC Mixed Deadline Ruling
A Federal Circuit decision concluding that certain mixed rulings from the U.S. International Trade Commission can generate different appeal deadlines, even when issued in the same document, is a reminder of just how strict courts can be when handling unclear appeal due dates, attorneys told Law360.
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January 12, 2026
8th Circ. Lifts Injunction On Advisory Firm's Rival, Ex-Staff
Investment advisory firm Choreo LLC improperly got a preliminary injunction after claiming that former employees and a competitor stole trade secrets, the Eighth Circuit found Monday, ruling that the injunction was unwarranted because relevant losses to Choreo are calculable and associated damage has already been done.
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January 12, 2026
Dentist Doesn't Get High Court Review Of Murder, Fraud Case
The U.S. Supreme Court Monday declined to hear an appeal from a dentist convicted of killing his wife in Zambia after he sought review by arguing that federal prosecutors violated a forum shopping law that dates back to the nation's founding.
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.