Appellate

  • December 12, 2025

    Ex-Rabobank Exec Will Press For Fees From OCC At 9th Circ.

    A former Rabobank compliance official will make another attempt to force the Office of the Comptroller of the Currency to pick up the tab for her legal fees for the office's now-abandoned enforcement proceeding, which she says cost her millions of dollars to defend.

  • December 12, 2025

    4th Circ. Won't Revive Black Worker's Promotion Bias Suit

    The Fourth Circuit backed a community college's win Friday in a Black former employee's suit claiming her race and gender caused her to lose out on a promotion, ruling she failed to rebut the college's explanation that the white, male candidate who got the role was more qualified.

  • December 12, 2025

    MVP: Paul Weiss' Kannon K. Shanmugam

    Last year, Paul Weiss' Kannon Shanmugam scored a win in the Fifth Circuit that sent shockwaves through the bankruptcy world, removed a crypto company from a government blacklist and torpedoed a $440 million judgment against a cruise company over Cuba sanctions, earning him a spot as one of the 2025 Law360 Appellate MVPs.

  • December 12, 2025

    Alex Jones Atty's Pared-Down Suspension Upheld On Appeal

    A Connecticut appeals court on Friday upheld the two-week suspension of former Alex Jones lawyer Norm Pattis, agreeing that a trial court judge was within her discretion to bench the attorney over his law firm's handling of Sandy Hook Elementary School massacre victims' medical records.

  • December 12, 2025

    DC Circ. OKs Detention For Man Who Threatened Prosecutor

    A split D.C. Circuit panel ruled Friday that a man can continue to be held in federal prison for further evaluations, even though he completed his full sentence, for continuing to make graphic threats against an assistant U.S. attorney.

  • December 12, 2025

    US Atty Nominee For Wyo. Was Outside Capitol On Jan. 6

    One of President Donald Trump's U.S. attorney nominees, who was on the U.S. Capitol grounds on Jan. 6, 2021, and recently told senators he still thinks "there were imperfections" in the 2020 election process, has been advanced toward Senate confirmation.

  • December 12, 2025

    Colo. Mobile Home Was Properly Valued, Court Says

    A Colorado mobile home was correctly valued by a county's board of tax appeals and should not have its value lowered, the Colorado Court of Appeals ruled. 

  • December 12, 2025

    Watchdog Sues White House For Records On Law Firm Deals

    A Washington-based nonprofit watchdog has sued the Trump administration, seeking records related to deals BigLaw firms struck to provide an estimated nearly $1 billion worth of pro bono legal services to further the administration's priorities, following the president's executive orders to withhold security clearances and investigate the firms.

  • December 12, 2025

    2nd Circ. Probes ConEd's Sudden Firing Of Atty Alleging Bias

    The Second Circuit raised questions during a hearing Friday about Con Edison's decision to terminate a longtime company lawyer shortly after she complained her boss was targeting her because she's an older woman, hinting some support for the attorney's fight to have her discrimination suit reinstated.

  • December 12, 2025

    2nd Circ. Remands $100K Award To Fired Atty In Bias Case

    A Second Circuit panel vacated a $100,000 charging lien awarded to an attorney who represented a man who sued Marriott International Inc. for race-based harassment, agreeing that the lawyer was fired without cause but finding that the lower court appeared not to address several arguments in favor of a lower amount.

  • December 12, 2025

    4 Big ERISA Litigation Developments From 2025's 2nd Half

    The Eleventh Circuit signaled it may be willing to change its precedent to make it easier for federal benefits lawsuits to get to the courthouse door, while the Second Circuit shut down a challenge to a union pension plan's private equity investment emphasis. Here's a look back at these and two other significant Employee Retirement Income Security Act litigation developments from the latter half of 2025 that benefits attorneys should have on their radar.

  • December 12, 2025

    5th Circ. Tosses Chinese Citizen's Suit Over Texas Land Law

    The Fifth Circuit has affirmed the dismissal of a Chinese citizen's suit challenging a Texas law that bars residents and entities domiciled in specific countries, such as China, from buying property in the state, ruling the plaintiff lacks standing to sue because China is not his permanent home and he does not "intend to return." 

  • December 12, 2025

    Fed. Circ. Says PTAB Was Right To Ax Tracking Patent Claims

    The Federal Circuit on Friday refused to revive claims in a group of patents for tracking items during surgeries and other uses, rejecting challenges to how the Patent Trial and Appeal Board interpreted key claim terms.

  • December 12, 2025

    2025 Sees State Courts Diverge From Federal Criminal Norms

    Some of this year's most notable criminal appellate rulings homed in on differences between state and federal constitutional protections against the most serious punishments, with movement in Michigan, bucking the trend in Wyoming, and an ambiguous but potentially earthshaking decision out of Texas.

  • December 12, 2025

    Dems Demand Release Of 2nd Jack Smith Report

    Democrats on the House Judiciary Committee wrote to Attorney General Pam Bondi on Friday demanding she release the second volume of former special counsel Jack Smith's report on President Donald Trump's retention of classified documents after he left office the first time.

  • December 11, 2025

    9th Circ. Upholds Apple App Store Injunction In Epic Fight

    The Ninth Circuit mostly affirmed an injunction blocking Apple Inc. from charging developers "prohibitive" commissions on iPhone app purchases made outside its systems on Thursday, handing Epic Games Inc. a partial win in their hotly contested compliance fight while agreeing with Apple that the injunction's commissions ban and certain restrictions are punitive and overbroad.

  • December 11, 2025

    9th Circ. Won't Rethink Vegas Hotels' Win In Price-Fixing Suit

    The Ninth Circuit on Thursday rejected Las Vegas hotel guests' request for the full appeals court to reconsider a panel's August ruling that threw out their proposed class action accusing the casino-hotel operators of using software to illegally inflate room rates.

  • December 11, 2025

    DC Circ. Oversees FDA Fight Over Generic IBS Drug

    Norwich Pharmaceuticals faced off against the U.S. Food and Drug Administration before the D.C. Circuit twice Thursday morning, both battles part of the drugmaker's five-year effort to bring a generic version of a prescription antibiotic used to treat irritable bowel syndrome to market.

  • December 11, 2025

    6th Circ. Hesitant To Call CDC Puppy Import Rule A 'Ban'

    Sixth Circuit judges Thursday appeared skeptical that updated U.S. Centers for Disease Control and Prevention rules for bringing in dogs from other countries amounted to a ban that exceeded the agency's authority, but still challenged the agency on why age and microchip requirements are needed to prevent the spread of rabies.

  • December 11, 2025

    Colo. Appeals Court Backs New Reasonable Doubt Instruction

    A split Colorado appeals court Thursday upheld the use of a new model jury instruction on a reasonable doubt standard that a man convicted of possessing child sexual abuse material said lowered the burden for prosecutors to prove that a defendant is guilty.

  • December 11, 2025

    Trial Record Backs Gender-Affirming Care, Ohio Justices Told

    A group of transgender youths and their families urged Ohio's highest court to affirm their win overturning state restrictions on gender-affirming care, arguing undisputed evidence at trial backed their arguments on the safety and effectiveness of the treatment.

  • December 11, 2025

    Life Insurers Exempt From Ill. Genetic Privacy Law, Court Says

    An Illinois state appeals court affirmed the dismissal of a man's suit claiming two State Farm life insurers violated Illinois' genetic information privacy law, finding a section barring the use of genetic protected health information for underwriting purposes does not apply to life insurance companies.

  • December 11, 2025

    Tracking Challenges To USPTO's Discretion Policy

    Leaders at the U.S. Patent and Trademark Office have significantly altered the Patent Trial and Appeal Board playing field since March, making changes to institution reviews that have led to unprecedented levels of petition denials. A steady stream of companies has challenged those changes through mandamus petitions to the Federal Circuit, and here Law360 tracks where those petitions stand.

  • December 11, 2025

    Pharmacies Battle For Coverage Of Opioid Lawsuit Claims

    Publix Super Markets and a Georgia-based generic-drug wholesaler urged the Eleventh Circuit on Thursday to force their insurers to defend them in numerous lawsuits accusing the pharmacies of improperly distributing opioids, arguing their policies' coverage for "bodily injury" should include the suits.

  • December 11, 2025

    10th Circ. Reveals Judge Contacted Ex-Atty In 'Tiger King' Case

    A Tenth Circuit panel considering a copyright infringement claim against Netflix over a video clip in its popular "Tiger King" docuseries has requested the parties' input on whether a judge on the panel should recuse himself after inadvertently contacting a former attorney of the plaintiff last month on an unrelated legal matter.

Expert Analysis

  • Key Crypto Class Action Trends And Rulings In 2025

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    As the law continued to take shape in the growing area of crypto-assets, this year saw a jump in crypto class action litigation, including noteworthy decisions on motions to compel arbitration and class certification, according to Justin Donoho at Duane Morris.

  • NBA, MLB Betting Indictments: Slam Dunks Or Strikeouts?

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    Recent fraud charges against bettors, NBA players and MLB pitchers raise questions about what the government will need to prove to prosecute individuals involved in placing bets based on nonpublic information, and it could be a tough sell to juries, say attorneys at Ford O'Brien.

  • Series

    Knitting Makes Me A Better Lawyer

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    Stretching my skills as a knitter makes me a better antitrust attorney by challenging me to recalibrate after wrong turns, not rush outcomes, and trust that I can teach myself the skills to tackle new and difficult projects — even when I don’t have a pattern to work from, says Kara Kuritz at V&E.

  • Eveready Vs. Squirt: How Trademark Surveys Fare In 9th Circ.

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    An analysis of how two consumer surveys for measuring confusion in trademark disputes perform in the Ninth Circuit across pivotal points in trademark cases' progression reveals insights not only on how the two formats stack up against each other, but also how to maximize a survey's effectiveness, say attorneys at Dorsey.

  • Series

    The Biz Court Digest: Welcome To Miami

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    After nearly 20 years in operation, the Miami Complex Business Litigation Division is a pioneer upon which other jurisdictions in the state have been modeled, adopting many innovations to keep its cases running more efficiently and staffing experienced judges who are accustomed to hearing business disputes, say attorneys at King & Spalding.

  • Identifying And Resolving Conflicts Among Class Members

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    As the Fifth Circuit's recent decision in Nova Scotia Health Employees' Pension Plan v. McDermott International illustrates, intraclass conflicts can determine the fate of a class action — and such conflicts can be surprisingly difficult to identify, says Andrew Faisman, a clerk at the U.S. District Court for the Southern District of New York.

  • 1st-Of-Its-Kind NIL Claim Raises Liability Coverage Questions

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    The University of Georgia Athletic Association recently sought to compel arbitration against former UGA football player Damon Wilson in a first-of-its-kind legal action for breach of a name, image and likeness contract, highlighting questions around student-athlete employment classification and professional liability insurance coverage, says Sarah Abrams at Baleen Specialty.

  • Rule Update May Mean Simpler PFAS Reports, Faster Timeline

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    The U.S. Environmental Protection Agency's recently proposed revisions to the Toxic Substances Control Act's per- and polyfluoroalkyl substances reporting rule would substantially narrow reporting obligations, but if the rule is finalized, companies will need to prepare for a significantly accelerated timeline for data submissions, say attorneys at Alston & Bird.

  • Navigating The New Patchwork Of Foreign-Influence Laws

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    On top of existing federal regulations, an expanding wave of state legislation — placing new limits on foreign-funded political spending and new registration requirements for foreign agents — creates a confusing compliance backdrop for corporations that demands careful preplanning, say attorneys at BakerHostetler.

  • AI Evidence Rule Tweaks Encourage Judicial Guardrails

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    Recent additions to a committee note on proposed Rule of Evidence 707 — governing evidence generated by artificial intelligence — seek to mitigate potential dangers that may arise once machine outputs are introduced at trial, encouraging judges to perform critical gatekeeping functions, say attorneys at Lankler Siffert & Wohl.

  • Series

    The Law Firm Merger Diaries: Getting The Message Across

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    Communications and brand strategy during a law firm merger represent a crucial thread that runs through every stage of a combination and should include clear messaging, leverage modern marketing tools and embrace the chance to evolve, says Ashley Horne at Womble Bond.

  • How High Court Could Upend Campaign Spending Rules

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    In National Republican Senatorial Committee v. Federal Election Commission, the U.S. Supreme Court will hear arguments about the constitutionality of coordinated party contribution spending caps, and its decision will have immediate practical effects just as the 2026 election gets underway, says Bill Powers at Spencer Fane.

  • Previewing Justices' Driver Arbitration Exemption Review

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    The U.S. Supreme Court's forthcoming decision in Flowers Foods v. Brock, addressing whether last-mile delivery drivers are covered by the Federal Arbitration Act's exemption for transportation workers, may require employers to reevaluate the enforceability of arbitration agreements for affected employees, say attorneys at Sullivan & Cromwell.

  • Opinion

    Horizontal Stare Decisis Should Not Be Casually Discarded

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    Eliminating the so-called law of the circuit doctrine — as recently proposed by a Fifth Circuit judge, echoing Justice Neil Gorsuch’s concurrence in Loper Bright — would undermine public confidence in the judiciary’s independence and create costly uncertainty for litigants, says Lawrence Bluestone at Genova Burns.

  • How Fed. Circ. Shaped Subject Matter Eligibility In 2025

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    The Federal Circuit's most impactful patent eligibility decisions this year, touching on questions about obviousness and abstractness, provide a toolbox of takeaways that can be utilized during patent preparation and prosecution to guard against potential challenges, says Reilley Keane at Banner Witcoff.

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