Appellate

  • January 20, 2026

    NJ Justices Sharply Limit Attorney Liability To Nonclients

    The New Jersey Supreme Court adopted a formal framework on Tuesday for determining when attorneys owe a duty of care to nonclients, affirming that estate lawyers generally cannot be sued for malpractice by disappointed heirs without clear proof the lawyer was engaged to benefit them directly.

  • January 20, 2026

    5th Circ. Urged Not To Transfer Google Antitrust Case

    Mobile analytics software company Branch Metric urged the Fifth Circuit on Tuesday not to transfer from Texas to California its case accusing Google of monopolizing mobile device search markets, saying the case has sufficient connections to the Lone Star State.

  • January 20, 2026

    Va. Tells 4th Circ. To Stay Order Blocking Vape Law On Appeal

    The Commonwealth of Virginia is asking the Fourth Circuit to stay a district court order blocking enforcement of some aspects of its law banning the sale of unauthorized vapes, saying the district court was wrong to find the law was preempted by the Food Drug and Cosmetic Act and the Family Smoking Prevention and Tobacco Control Act.

  • January 20, 2026

    4th Circ. Caps Under Armour's Insurance Coverage At $100M

    Under Armour's public financial forecasts and its accounting practices are a single claim under its insurers' excess policy language because they are "logically or causally related," the Fourth Circuit found Tuesday, overturning a trial court's ruling and capping the sportswear company's coverage at $100 million.

  • January 20, 2026

    3rd Circ. Sides With Doctor In Exam Question Copyright Suit

    The Third Circuit has affirmed a win for a doctor who was sued for copyright infringement by the American Board of Internal Medicine after emailing test materials to a test preparation company, saying there was not sufficient evidence that improper copying had occurred.

  • January 20, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court wrapped up last week with a mix of deal litigation, governance fights and disclosure battles, including a proposed settlement over a contested medical device sale, a merits dismissal tied to a $2 billion biotech exit and dueling lawsuits over Paramount Skydance's pursuit of Warner Bros. Discovery.

  • January 20, 2026

    Cracker Barrel Pushes For Justices' Review Of Collective Cert.

    The Supreme Court needs to pick up a wage and hour case challenging the evidentiary standard of the two-step certification process to certify collectives, Cracker Barrel urged the justices, arguing that their intervention is paramount to establish the same certification process in all courts.    

  • January 20, 2026

    Cracker Barrel Workers Push Justices To Hear Collective Fight

    Cracker Barrel servers urged the U.S. Supreme Court to take up an appeal of a Ninth Circuit decision that only Arizona employees could opt in to a collective suit over tipped wages, rebutting the restaurant chain's arguments that a circuit split on the issue will resolve itself.

  • January 20, 2026

    Tax Court Wrongly Cut Conservation Gift Value, 4th Circ. Told

    The U.S. Tax Court made multiple errors when it reduced the value of rock-rich land underlying a North Carolina partnership's conservation easement donation, the partnership told the Fourth Circuit, urging it to at least reverse penalties imposed by the court as a result of its findings.

  • January 20, 2026

    Supreme Court Security Gets $30M Boost In DHS Bill

    The consolidated U.S. Department of Homeland Security funding bill for fiscal year 2026 released early Tuesday morning includes $30 million for the security of U.S. Supreme Court justices.

  • January 20, 2026

    Chamber Tells 5th Circ. EPA Asbestos Ban Goes Too Far

    The U.S. Chamber of Commerce is urging the Fifth Circuit to vacate a 2024 rule by the U.S. Environmental Protection Agency banning the use of chrysotile asbestos, saying the agency overstepped its authority without consulting other regulators as it was required to.

  • January 20, 2026

    High Court Won't Review Timeliness Of MSU Bias Suit

    The U.S. Supreme Court refused Tuesday to hear an Asian Michigan State University worker's challenge to a Sixth Circuit ruling that his race and age bias suit had been filed too late, despite his argument that the deadline for filing federal discrimination suits needs to be clarified.

  • January 20, 2026

    Justices Won't Hear Audi, VW Bid To Limit Calif. Jurisdiction

    The U.S. Supreme Court on Tuesday declined to hear Audi AG and Volkswagen AG's bids to limit when foreign manufacturers, whose products are sold through a U.S. distributor, are subject to specific personal jurisdiction in American state courts for product liability and personal injury claims.

  • January 20, 2026

    Justices Set Time Limit To Ax Judgments, Ending 11-1 Split

    Almost every circuit court has wrongly allowed litigants to vacate invalid judgments regardless of how long ago the judgments became final, the U.S. Supreme Court ruled Tuesday, endorsing one circuit's outlier interpretation of a decades-old procedural rule.

  • January 20, 2026

    Justices Say State Med Mal Laws Don't Apply In Federal Court

    The U.S. Supreme Court on Tuesday ruled that a Delaware medical malpractice statute clashes with federal rules of procedure and is therefore unenforceable in federal court, saying the state law unfairly asks for evidence early on in a case.

  • January 20, 2026

    Supreme Court Rules Mandatory Restitution Is Punitive

    The U.S. Supreme Court held in a unanimous opinion Tuesday that restitution is a criminal punishment subject to the Constitution's ban on increasing punishment retroactively.

  • January 20, 2026

    Supreme Court Turns Away Jewish Texts Expropriation Suit

    The U.S. Supreme Court declined Tuesday to take up a petition challenging a D.C. Circuit ruling concluding that federal courts do not have jurisdiction over a Jewish group's decades-old allegations that Russia is illegally holding on to its long-lost sacred texts.

  • January 20, 2026

    Justices Ax 6th Circ. Abortion Order Amid Loper Bright Outcry

    The U.S. Supreme Court on Tuesday erased a Sixth Circuit decision allowing abortion-related conditions on family planning grants, a victory for Tennessee officials who accused the circuit of flouting the high court's landmark rejection of judicial deference to regulators.

  • January 16, 2026

    Law360 Names Practice Groups Of The Year

    Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2025, which honor the attorney teams behind litigation wins and significant transaction work that resonated throughout the legal industry this past year.

  • January 17, 2026

    Up Next At High Court: Fed Firing & Gun 'Vampire Rules'

    The Supreme Court will begin a short argument week Tuesday, during which the justices will consider President Donald Trump's authority to fire a Democratic Federal Reserve governor over allegations of mortgage fraud, as well as the ability for states to presumptively bar gun owners from carrying firearms onto private property open to the public unless the property owner explicitly allows it. 

  • January 16, 2026

    1st Circ. Revives Some Of Baseball Legend's Sons' TM Claims

    The First Circuit on Friday largely affirmed the dismissal of a trademark infringement lawsuit that sons of late MLB Hall of Famer Roberto Clemente lodged against the Puerto Rican government, but said a lower court was "off base" when dismissing a few claims against Commonwealth officials in their personal capacities.

  • January 16, 2026

    What To Watch For In 1st Paragard Bellwether Trial

    Drugmaker Teva is set to face its first bellwether trial starting Tuesday in a multidistrict litigation containing thousands of claims that the Paragard copper IUD was prone to breaking and leaving pieces inside patients' uteri. Here, Law360 previews a trial that's shaping up to be a science-heavy battle of the experts.

  • January 16, 2026

    USAA Warns Alice Became 'Sinkhole' For Tech In $223M Case

    The United Services Automobile Association has become the latest patent owner to urge the U.S. Supreme Court to review what constitutes an abstract idea not eligible for patenting after the Federal Circuit invalidated mobile check deposit patents juries had determined PNC Bank owed $223 million for infringing.

  • January 16, 2026

    9th Circ. Upholds Ax Of RNC Suit Over Google Email Filtering

    The Ninth Circuit on Friday refused to revive the Republican National Committee's lawsuit accusing Google of illegally sending RNC fundraising emails to Gmail users' spam folders, finding that the committee had failed to establish the type of user relationship necessary to sustain its claims. 

  • January 16, 2026

    7th Circ. Scraps 'Pizza Puff' TM Block Against Little Caesars

    The Seventh Circuit reversed a ruling Friday that blocked Little Caesars from using the term "pizza puff" to describe its "Crazy Puffs" muffin-pizza products, finding that a Chicago food-maker failed to show "Pizza Puff" is not generic term, or that it could beat Little Caesars fair use defense.

Expert Analysis

  • 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.

  • What's On Deck In Tribal Nations' Prediction Markets Litigation

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    Native American tribes' response to the expansion of sports-based prediction markets enters a decisive phase this year, with appellate courts positioned to address whether federal commodities law permits nationwide offering of sports-based event contracts free from state and tribal gaming regulation, say attorneys at Holland & Knight.

  • SEC Virtu Deal Previews Risks Of Nonpublic Info In AI Models

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    The U.S. Securities and Exchange Commission’s recent settlement with Virtu Financial Inc. over alleged failures to safeguard customer data raises broader questions about how traditional enforcement frameworks may apply when material nonpublic information is embedded into artificial intelligence trading systems, says Braeden Anderson at Gesmer Updegrove.

  • Series

    Judges On AI: How Courts Can Boost Access To Justice

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    Arizona Court of Appeals Judge Samuel A. Thumma writes that generative artificial intelligence tools offer a profound opportunity to enhance access to justice and engender public confidence in courts’ use of technology, and judges can seize this opportunity in five key ways.

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