Appellate

  • January 20, 2026

    Trump Defends Birthright Citizenship Order At High Court

    President Donald Trump on Tuesday urged the U.S. Supreme Court to uphold his executive order aimed at limiting birthright citizenship, arguing that the order doesn't run afoul of the 14th Amendment, which he said was intended for freed slaves and their children — not "children of temporarily present aliens or illegal aliens."

  • January 20, 2026

    Atty Missteps Warrant New Criminal Trial, Conn. Justices Say

    The Connecticut Supreme Court ruled Tuesday that a robbery and assault conviction must be reversed after the defense lawyer failed to investigate an avenue of reasonable doubt impacting "pillars" of the prosecution's case.

  • January 20, 2026

    Trump Media Investor Says Insider Trading Trial Was Flawed

    A Florida trader sentenced to over two years in prison for insider trading on confidential plans to take President Donald Trump's media company behind Truth Social public urged the Second Circuit on Tuesday to reverse his conviction, saying the lower court wrongly excluded evidence at trial that backed his claims of acting in good faith.

  • January 20, 2026

    DC Circ. Doubts If EPA Had To Quantify Costs In PFAS Rule

    The D.C. Circuit on Tuesday seemed to favor the U.S. Environmental Protection Agency's position that public comments were properly solicited before labeling two forever chemicals as hazardous substances, and expressed skepticism that the agency should have done a more rigorous analysis of clean-up costs for businesses.

  • January 20, 2026

    John Roberts Welcomes John Roberts To Supreme Court

    U.S. Supreme Court advocates have tips galore for staying calm at a debut argument, including diligent preparation, mindful breathing and treating the event as a conversation. But a Proskauer Rose LLP attorney benefited Tuesday from a distinctive development: the chief justice's introductory jest about the two of them not being related.

  • January 20, 2026

    Split 11th Circuit Upholds SEC's $1M Penny Stock Victory

    A divided Eleventh Circuit has upheld a nearly $1 million judgment that the U.S. Securities and Exchange Commission won in a penny stock fraud case, finding that the remedy is not time-barred and cannot be overturned based on a question similar to one facing the U.S. Supreme Court.

  • January 20, 2026

    Justices To Clarify What's Fair Game With 'Skinny Labels'

    A new U.S. Supreme Court patent case that will require the justices to spell out what generic-drug makers can say when marketing drugs with so-called skinny labels will shape whether and how those companies use the tactic of carving out patented uses from labels, attorneys say.

  • January 20, 2026

    Goldstein Poker Pals Got Money From Firm, Witness Says

    A former office manager at Thomas Goldstein's law firm Tuesday told the jury in his tax fraud trial in Maryland federal court that hundreds of thousands of dollars in wire transfers sent to the U.S. Supreme Court lawyer's poker counterparts were classified as business transactions in documents used by the firm's tax accountants.

  • January 20, 2026

    Profs Urge Justices To Affirm Cuban Property Seizure Ruling

    Professors with expertise in sovereign immunity law have urged the U.S. Supreme Court to affirm a D.C. Circuit decision that a federal act letting U.S. victims of Cuban property seizures seek damages does not automatically void the immunity of state entities targeted in such cases.

  • January 20, 2026

    FTC Appeals Meta Loss To DC Circ.

    The Federal Trade Commission gave notice Tuesday that it would seek D.C. Circuit intervention over a federal judge's rejection of its lawsuit accusing Meta Platforms Inc. of illegally monopolizing personal social media through what the agency described as a buy-or-bury strategy behind the Facebook parent's purchases of Instagram and WhatsApp.

  • January 20, 2026

    Law360 Names Firms Of The Year

    Eight law firms have earned spots as Law360's Firms of the Year, with 48 Practice Group of the Year awards among them, achieving milestones such as high-profile litigation wins at the U.S. Supreme Court and 11-figure merger deals.

  • January 20, 2026

    NC Doctor Cites 6th Circ. In Bid For New Medicare Fraud Trial

    A North Carolina doctor who was convicted of participating in an $11 million Medicare fraud has asked a federal court for a new trial, pointing to a recent Sixth Circuit decision that overturned the conviction of another doctor involved in the same scheme.

  • January 20, 2026

    Dish Investors Ask 10th Circ. To Revive 5G Fraud Suit

    Dish Network investors asked a skeptical Tenth Circuit panel Tuesday to revive their proposed class action alleging that the wireless communications company lied about the success of its 5G network rollout, saying the trial court's analysis of Dish's statements fell short.

  • January 20, 2026

    Fed. Circ. Revives Inventor's Spinal Patent Case Against DePuy

    The Federal Circuit on Tuesday revived an inventor's patent infringement suit against DePuy Synthes Cos., ruling that the persuasiveness of expert testimony that was excluded by a lower court is best left for the jury.

  • January 20, 2026

    Yamaha Says New Trial Needed In Golf Cart Rollover Suit

    Key evidence was wrongly barred from a trial that led to a family winning $7 million after their toddler was severely hurt in a Yamaha golf cart rollover, the motorized products maker told a Georgia appeals court Tuesday, urging the judges to wipe out the jury verdict. 

  • January 20, 2026

    9th Circ. Revives Malpractice Suit Against Bankruptcy Atty

    The Ninth Circuit Tuesday reinstated a California woman's malpractice lawsuit against her bankruptcy attorney, but said the bankruptcy court needs to significantly narrow the permission to sue it granted to the debtor.

  • January 20, 2026

    Ill. Panel Scraps Ex-Smollett Attys' Malicious Prosecution Suit

    An Illinois appellate panel upheld a trial court's decision to permanently dismiss a malicious prosecution suit by the law firm that once represented Jussie Smollett, citing failure to allege special injury from the defamation lawsuit filed by the brothers accused of staging a hate crime with the "Empire" actor.

  • January 20, 2026

    11th Circ. Backs Construction Co.'s Win In Race Bias Suit

    An Alabama-based construction company solidified its early win Tuesday in a race and age bias lawsuit from three Black construction workers after the Eleventh Circuit said "decline in work ethic," which the company asserted as its reason for termination, was enough to fire them.

  • January 20, 2026

    Justices Icy To Time Limits For Union Actuarial Assumptions

    The U.S. Supreme Court appeared skeptical Tuesday of a push by employers to prohibit union actuaries from retroactively changing assumptions used to calculate how much employers must pay when they withdraw from multiemployer pension plans, with multiple justices questioning whether a timing rule aligned with federal benefits law.

  • January 20, 2026

    Delaware Supreme Court Reverses Moelis Governance Ruling

    The Delaware Supreme Court on Tuesday reversed a Chancery Court ruling that had invalidated key provisions of Moelis & Co.'s stockholder agreement, holding that the challenged governance provisions were not void but merely voidable, and that a stockholder challenge brought nearly nine years later was time-barred.

  • January 20, 2026

    Fla. High Court Told Pot Ballot Plan Is Legal Amid AG probe

    Florida Attorney General James Uthmeier announced on Tuesday that his office opened an investigation into several dozens of individuals who gathered signatures in connection to a marijuana legalization effort as the group behind the push for voter approval told the state's high court their ballot initiative complies with the law.

  • January 20, 2026

    NLRB Pushes Contempt For Pittsburgh Paper's Defiance

    The ailing Pittsburgh Post-Gazette is still defying the Third Circuit's order to restore newsroom workers it railroaded in collective bargaining to their old healthcare plan, the National Labor Relations Board said Tuesday in a renewed motion to hold the newspaper in contempt of the March 2025 ruling.

  • January 20, 2026

    11th Circ. Won't Sink Pro Angler's $2.3M Plane Crash Award

    The Eleventh Circuit has refused to upend a $2.3 million judgment in favor of a professional fisherman that resulted from a charter plane crash, rejecting the pilot's argument that the suit was decided under the wrong international law.

  • January 20, 2026

    Justices Ask If Hawaii 'Vampire Law' Violates 2nd Amendment

    The U.S. Supreme Court on Tuesday appeared skeptical of a Hawaii law that makes it illegal for people to bring firearms onto private property open to the public without the owner's express permission.

  • January 20, 2026

    Minn. Tribe, Scholars Back 8th Circ. Bid In Tribal Divorce Row

    A Minnesota tribe and a slew of Native American law and history professors have separately backed an Indigenous man's Eighth Circuit bid for an en banc rehearing in a jurisdictional dispute over a tribal court divorce order, saying the conclusion is at odds with well-established history regarding sovereignty.

Expert Analysis

  • 2026 Int'l Arbitration Trends: Tariffs Drive Transformation

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    In 2025, the Trump administration's sweeping tariffs triggered an unprecedented wave of trade-related disputes — and this, along with evolving M&A practices, the challenges of enforcing arbitral awards against sovereign states, and the role of emerging technologies, will continue to drive international arbitration trends this year, say attorneys at Cleary.

  • Takeaways From 7th Circ.'s Bank Fraud Conviction Reversal

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    The Seventh Circuit’s recent decision in U.S. v. Robinson, holding that a bank fraud conviction must be grounded in a clear misrepresentation to the financial institution itself, signals that the court will not hesitate to correct substantive errors, even in unpreserved challenges, say attorneys at Quinn Emanuel.

  • Navigating Privilege Law Patchwork In Dual-Purpose Comms

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    Three years after the U.S. Supreme Court declined to resolve a circuit split in In re: Grand Jury, federal courts remain split as to when attorney-client privilege applies to dual-purpose legal and business communications, and understanding the fragmented landscape is essential for managing risks, say attorneys at Covington.

  • AI-Driven Harassment Poses New Risks For Employers

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    Two recent cases show that deepfakes and other artificial intelligence‑generated content are emerging as a powerful new mechanism for workplace harassment, and employers should take a proactive approach to reduce their liability as AI continues to reshape workplace dynamics, say attorneys at Littler.

  • 9th Circ. Copyright Ruling Highlights Doubts On Intrinsic Test

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    Two concurring opinions in Sedlik v. Von Drachenberg may mark an inflection point in the Ninth Circuit's substantial-similarity jurisprudence, inviting copyright litigants to reassess strategy as the court potentially shifts away from the intrinsic test, say attorneys at Troutman.

  • Series

    Calif. Banking Brief: All The Notable Legal Updates In Q4

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    The regulatory and litigation developments for California financial institutions in the fourth quarter of 2025 were incremental but consequential, with the Department of Financial Protection & Innovation relying on public enforcement actions to articulate expectations, and lawmakers and privacy regulators playing a role as well, says Stephen Britt at Stinson.

  • Series

    Fly-Fishing Makes Me A Better Lawyer

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    Much like skilled attorneys, the best anglers prize preparation, presentation and patience while respecting their adversaries — both human and trout, says Rob Braverman at Braverman Greenspun.

  • 4 Ways GCs Can Manage Growing Service Of Process Volume

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    As automation and arbitration increase the volume of legal filings, in-house counsel must build scalable service of process systems that strengthen corporate governance and manage risk in real time, says Paul Mathews at Corporation Service Co.

  • IP Appellate Decisions Show 4 Shifts In 2025

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    In 2025, intellectual property decisions issued by the Ninth, D.C., and Federal Circuits trended toward tightening doctrinal boundaries, whether to account for technological developments in existing legal regimes, or to refine areas with some ambiguity, says Nate Sabri at Perkins Coie.

  • Series

    The Law Firm Merger Diaries: Forming Measurable Ties

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    Relationship-building should begin as early as possible in a law firm merger, as intentional pathways to bringing people together drive collaboration, positive client response, engagements and growth, says Amie Colby at Troutman.

  • Wrangling Over 'Good Faith' In Texas Commodity Contracts

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    As winter storm season brings fluctuating natural gas prices and ensuing price disputes, parties to gas and other commodity contracts face a question with few answers in Texas case law: how much buyers or sellers can reduce contractual requirements or outputs on a good faith basis, say attorneys at Jackson Walker.

  • A Look At EEOC Actions In 2025 And What's Next

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    President Donald Trump issued several executive orders last year that reshaped policy at the U.S. Equal Employment Opportunity Commission, and with the administration now controlling a majority of the commission, the EEOC may align itself fully with orders addressing disparate impact and transgender issues, say attorneys at Jones Day.

  • Del. Dispatch: What Tesla Decision Means For Exec Comp

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    The recent Delaware Supreme Court decision granting Tesla CEO Elon Musk his full pay, now valued at $139 billion, following a yearslong battle appears to reject the view that supersized compensation may be inherently unfair to a corporation and its shareholders, say attorneys at Fried Frank.

  • 6 Issues That May Follow The 340B Rebate Pilot Challenge

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    Though the Health Resources and Services Administration withdrew a pending case to reconsider the controversial 340B rebate pilot program, a number of crucial considerations remain, including the likelihood of a rework and questions about what that rework might look like, say attorneys at Spencer Fane.

  • 5 E-Discovery Predictions For 2026 And Beyond

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    2026 will likely be shaped by issues ranging from artificial intelligence regulatory turbulence to potential evidence rule changes, and e-discovery professionals will need to understand how to effectively guide the responsible and defensible adoption of emerging tools, while also ensuring effective safeguards, say attorneys at Littler.

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