Appellate

  • February 11, 2026

    Creek Nation Fights City's Bid To Pause Jurisdictional Suit

    The Muscogee (Creek) Nation has pushed back against an Oklahoma municipality's bid to stay a jurisdiction dispute in federal district court while a similar challenge plays out in the Tenth Circuit, saying that the two cases aren't covering the same ground.

  • February 11, 2026

    Intel 401(k) Suit Arguments Pushed To Next High Court Term

    The U.S. Supreme Court will wait until next term to hear arguments in an appeal from Intel ex-workers seeking to revive proposed class allegations that their 401(k) retirement savings were dragged down by underperforming target-date funds, a delay confirmed by justices' April calendar posted on Wednesday.

  • February 11, 2026

    7th Circ. Denies New Trial To Convicted Tax Preparer

    A tax preparer convicted of filing false returns and stealing her grandmother's pension will not receive a new trial, the Seventh Circuit ruled, rejecting her argument that a lower court made a mistake in allowing her to represent herself.

  • February 11, 2026

    4th Circ. Won't Toss Appeal Over Md. Judges' Habeas Order

    The Fourth Circuit rejected the Trump administration's assertion that its appeal of a ruling upholding a standing order, which Maryland federal judges issued to temporarily delay the removal of detained noncitizens who file habeas petitions, has become moot.

  • February 10, 2026

    Justices Asked To Review $600M Train Derailment Deal

    Norfolk Southern and residents affected by the East Palestine, Ohio, train derailment who reached a $600 million class settlement told the U.S. Supreme Court Tuesday they don't plan to respond to objectors' petition seeking review of the Sixth Circuit's decision to toss their appeals of the settlement.

  • February 10, 2026

    7th Circ. Mulls Taking Sides In Arbitration Enforcement Split

    Seventh Circuit judges Tuesday debated a nationwide circuit split over who decides whether disputes belong in arbitration, seemingly leaning toward joining circuits that leave the question to courts instead of arbitrators.

  • February 10, 2026

    5th Circ. Says Bank Worker's ERISA Claims Can Be Arbitrated

    The Fifth Circuit on Tuesday held that a former employee at a Texas-based bank must arbitrate his proposed class claims accusing the bank of failing to invest retirement funds, reversing a lower court's finding that the arbitration clause didn't apply to him because it was added after his employment ended.

  • February 10, 2026

    Appeals Judge Questions Sanctions In Hurricane Straps Suit

    A Ninth Circuit judge on Tuesday said he's "scratching [his] head" over a magistrate judge's order sanctioning Robins Kaplan lawyers for "baseless filings" in the first version of a complaint later amended over allegedly corroding construction connectors and fasteners, saying it might just "not have been the best written complaint."

  • February 10, 2026

    7th Circ. Mulls Outcome Health Execs' $1B Fraud Convictions

    Seventh Circuit judges hearing former Outcome Health executives' challenge to a $1 billion fraud conviction seemed critical of the U.S. government's handling of the case on Tuesday as they questioned why its admitted asset over-restraint and introduction of certain grand jury statements should not require reversal.

  • February 10, 2026

    Audit Watchdog Says Anonymous Challenger Must Reveal ID

    The Public Company Accounting Oversight Board has told the D.C. Circuit that a man anonymously challenging the constitutionality of the audit watchdog should be required to identify himself, arguing that he has offered "almost nothing to substantiate his claimed need for privacy."

  • February 10, 2026

    Tom Goldstein To Testify At Tax Trial Wednesday

    SCOTUSblog co-founder Thomas Goldstein will take the stand in his tax fraud trial Wednesday, after the government rested its case with an IRS agent tallying up $3.6 million that she said went unreported on his 2016 tax return.

  • February 10, 2026

    DC Circ. Seeks End To Atty Fight Over Fees From IRS Deal

    The D.C. Circuit wants to stop a fight over almost $800,000 in attorney fees from a suit against the Internal Revenue Service that was settled years ago, telling the parties' counsel during oral arguments Tuesday they'd like to put the matter to bed for good.

  • February 10, 2026

    Texas Justices Seek 'Universal' Rule On Pretrial Motions

    A Texas Supreme Court justice on Tuesday pressed Attorney General Ken Paxton's office for more specifics on his position that a trial court implicitly ruled on a jurisdictional challenge in litigation over the $10 billion price tag for Austin's planned light rail system, suggesting a "universal rule" was needed.

  • February 10, 2026

    Circuit Split Brewing Following 5th Circ.'s No-Bond Ruling

    The Fifth Circuit's split ruling blessing the Trump administration's mandatory immigration detention policy won't be the final say on the matter, but it could supercharge efforts to concentrate detained immigrants there while other circuits weigh the policy's legality.

  • February 10, 2026

    Fla. Social Media Ban Violates Teens' Rights, 11th Circ. Told

    Snap Inc. is fighting Florida's attempt to keep a state law restricting teenagers' social media use, telling the Eleventh Circuit that children also have a First Amendment right to speech on the internet regarding matters of public importance. 

  • February 10, 2026

    Trump Is Owed Deference On Harvard Student Block, DOJ Says

    The U.S. Department of Justice told the First Circuit this week that President Donald Trump's expansive authority over foreign affairs calls for it to overturn a ruling that blocked a proclamation suspending the ability of foreign students to enter the country to attend Harvard.

  • February 10, 2026

    Feds Argue Russian Billionaire Lacks Yacht Ownership

    The U.S. Department of Justice urged the Second Circuit to affirm a district court decision that authorized the United States to sell a Russian billionaire's seized superyacht, arguing he can't suffer the loss of something he barely owns.

  • February 10, 2026

    9th Circ. Says DHS Likely To Beat TPS Termination Challenge

    The Ninth Circuit has hit pause on a district court's order that vacated the Trump administration's termination of temporary protected status for immigrants from Honduras, Nicaragua and Nepal, saying the administration will likely succeed on challenging the vacatur order.

  • February 10, 2026

    9th Circ. Panel Wary Of Reviving Wash. Gas Appliance Suit

    Ninth Circuit judges appeared skeptical Tuesday of a building industry coalition's argument that the Washington State Building Code Council and state attorney general can be sued over a regulation limiting natural gas appliances in new construction.

  • February 10, 2026

    Texas Justices Unsure Appraisal Is Avoidable In $40M Claim

    The Texas Supreme Court on Tuesday wanted to know why the owner of a building that allegedly suffered over $40 million worth of damage after extreme flooding should get to avoid an appraisal its insurer demanded, noting that the owner had already agreed to it.

  • February 10, 2026

    FERC Wins DC Circ. Backing In Power Auction Fight

    The D.C. Circuit on Tuesday backed Federal Energy Regulatory Commission orders approving regional grid operator PJM Interconnection's proposal to bar energy efficiency resources from participating in its electricity capacity auctions.

  • February 10, 2026

    Robinhood Asks Justices To Rein In Pre-IPO Disclosure Suits

    Robinhood Markets Inc. is asking the U.S. Supreme Court to hear an investor dispute stemming from its $2.1 billion initial public offering, arguing that the Ninth Circuit's decision to revive the lawsuit "exposes companies seeking to go public to expansive liability."

  • February 10, 2026

    Fed. Circ. Won't Save Co.'s Armor Panel IP Suit Against Rival

    The Federal Circuit on Tuesday agreed with a Maryland federal court's decision that a company didn't infringe a bulletproof armor patent owned by a rival antiballistic panel manufacturer, finding the lower court took the correct approach to a key claim preamble.

  • February 10, 2026

    Wash. Panel Says Healthcare Cost-Share Group Is An Insurer

    A Utah-based healthcare cost-sharing nonprofit operates as and must register as an insurer under Washington state law, a state appeals panel ruled, upholding a $50,000 fine from the state's insurance commissioner that found the nonprofit ran afoul of Washington insurance law. 

  • February 10, 2026

    Baseball's Antitrust Shield Can't Stand, Team Tells Justices

    The federal antitrust exemption granted to baseball by the U.S. Supreme Court in 1922 was wrong then and remains wrong despite the argument by the Puerto Rican league defending it, according to the team petitioning for review.

Expert Analysis

  • 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.

  • 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.

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