Appellate

  • April 20, 2026

    Google Privacy Intervention Attempt 'Too Late,' 9th Circ. Says

    The Ninth Circuit on Monday upheld a California federal judge's decision refusing to let a group of 185 Chrome users intervene in a privacy class action accusing Google of improperly collecting and misusing data from users browsing in Incognito mode, saying the proposed intervenors were "too little, too late."

  • April 20, 2026

    Fla. Judge's Texts To State Atty Weren't Official, Panel Told

    A Florida state appellate judge urged a disciplinary panel Monday to toss ethics charges alleging coercive attempts to influence postconviction litigation in an incarcerated man's death penalty case, saying her private text messages to a Miami prosecutor weren't made in an official capacity. 

  • April 20, 2026

    Philip Morris Unfairly Gains From Label Ruling, 11th Circ. Told

    Philip Morris cannot be the only company allowed to not follow a rule requiring cigarette makers to add graphic warnings to their labels, R.J. Reynolds and a coalition of tobacco businesses have told the Eleventh Circuit, suggesting that consumers might assume its cigarettes are safer than theirs.

  • April 20, 2026

    Fed. Circ. Ends Anti-Suit Injunction Appeal In BMW Case

    The Federal Circuit on Monday granted BMW's motion to dismiss Onesta IP's appeal of an anti-suit injunction barring the company's lawsuit against BMW in Germany on U.S. patents, a ruling the automaker's counsel called "a complete and unambiguous victory."

  • April 20, 2026

    W.Va. Trucking Co.'s Facility Counts As A 'Mine,' DC Circ. Says

    A split D.C. Circuit panel ruled that a trucking company's West Virginia facility counted as a "mine" under the Federal Mine Safety and Health Act because it's within a mile of a coal plant owned by one of the trucking company's clients and is used to support the client's operations.

  • April 20, 2026

    PFAS Plaintiffs Say Midcase Appeal Would 'Derail' Litigation

    Georgia residents accusing carpet and chemicals manufacturers of contaminating their properties with forever chemicals urged a state court to reject Shaw Industries' bid to appeal the recent nondismissal of their claims, arguing the request is the carpet company's latest "attempt to derail this litigation."

  • April 20, 2026

    Gov't Hopes Court Rescues FCC Fines. Here's What Amici Say

    A rare U.S. Supreme Court showdown between the Big Three wireless carriers and their regulator takes place Tuesday, when the justices will put the Federal Communications Commission's authority to issue fines under a microscope.

  • April 20, 2026

    'Risky Proposition': 9th Circ. Skeptical Of Wash. CWA Strategy

    A Ninth Circuit panel expressed doubt Monday about Washington's bid to revive its Clean Water Act suit against the operator of the now-shuttered Buckhorn Gold Mine, with two judges asking why the state didn't object to the operator's consent decree ending an overlapping case brought by an environmental group.

  • April 20, 2026

    Ex-Newman Clerks, Judges Back High Court Suspension Fight

    A group of former clerks for Federal Circuit Judge Pauline Newman, as well as former federal judges, have urged the U.S. Supreme Court to hear the challenge to her suspension imposed by her colleagues.

  • April 20, 2026

    9th Circ. Open To Reviving FCRA Suit Against Wells Fargo

    A Ninth Circuit panel appeared open Monday to reviving a proposed class action alleging Wells Fargo violated the Fair Credit Reporting Act by pulling credit reports after fraudsters opened illegitimate accounts, with one judge expressing concerns the dismissal was "jumping the gun" and another judge criticizing the ruling as ambiguous.

  • April 20, 2026

    3rd Circ. Probes Whether Hazard 'Obvious' In Catwalk Fall Suit

    A Third Circuit panel on Monday probed whether the condition of a catwalk on a demolition site was open and obvious to a worker who fell to his death after it collapsed, and if an allegation that the catwalk catastrophically failed is enough to survive a dismissal motion.

  • April 20, 2026

    Trial Needed For School Chokehold Claims, 7th Circ. Says

    A Seventh Circuit panel determined Monday that a Wisconsin police officer must face trial to determine whether he used excessive force on a sixth-grade girl while trying to quell a fight in a school cafeteria at his second job as a security guard.

  • April 20, 2026

    She Has A Point: Fish & Richardson's Nitika Gupta Fiorella

    Fish & Richardson PC principal Nitika Gupta Fiorella is "a no-stone-unturned, always super prepared" lawyer who "epitomizes professionalism and respect," according to Finnegan Henderson Farabow Garrett & Dunner LLP partner Cora Holt.

  • April 20, 2026

    High Court SEC Case Threatens FERC Fraud Clawbacks

    Federal Energy Regulatory Commission efforts to claw back unjust profits from market frauds, a linchpin of the agency's enforcement work, face an uncertain future as the U.S. Supreme Court considers a challenge to the U.S. Securities and Exchange Commission's disgorgement powers.

  • April 20, 2026

    Google Wants Piracy Case Trimmed After Cox Ruling

    Google has asked a Manhattan federal judge to throw out a contributory infringement claim asserted by a group of textbook publishers in light of a U.S. Supreme Court decision that held that internet service providers aren't accountable for piracy committed by users.

  • April 20, 2026

    Groups Challenge BP Offshore Project Approval At 11th Circ.

    Conservation groups petitioned the Eleventh Circuit on Monday seeking to block the Trump administration's recent approval of BP's Kaskida offshore drilling project in the Gulf of Mexico, saying Kaskida is in "riskier waters" than where the Deepwater Horizon disaster occurred.

  • April 20, 2026

    Justices Won't Review Doctor's Captive Insurance Tax Fight

    The U.S. Supreme Court won't review the Internal Revenue Service's rejection of a Texas doctor's claim to $1 million in tax deductions linked to his urgent care network's captive insurance company, the court said Monday.

  • April 20, 2026

    CNN Says High Court Should Reject Dershowitz's Appeal

    CNN has urged the U.S. Supreme Court to reject a petition to revive Harvard Law School professor emeritus Alan Dershowitz's $300 million defamation suit, calling Dershowitz a "uniquely unfit petitioner to force a constitutional showdown" over the high court's First Amendment jurisprudence.

  • April 20, 2026

    Alaska Can't Dodge $2M Bill In Fishing Rights Row, Court Told

    Indigenous organizations say Alaska is responsible for the length of a dispute rejected by the U.S. Supreme Court over fishing rights in the Kuskokwim River, telling a district court that the state is trying to "foist responsibility" for millions in legal fees onto its Native citizens.

  • April 20, 2026

    Justices To Hear Catholic Preschools' Challenge To Colo. Law

    The U.S. Supreme Court agreed Monday to review two Catholic parishes' challenge to Colorado's universal preschool program, which requires that they accept students from LGBTQ+ families to receive state funding. 

  • April 20, 2026

    Unions Can't Sue Over Deferred Resignation, Feds Say

    The Trump administration has asked the First Circuit to uphold a decision rejecting a labor coalition's challenge to its deferred-resignation program for federal workers, arguing the coalition's bid to revive the claims falls flat.

  • April 20, 2026

    Inmate Who Threatened Judges Loses Appeal At 11th Circ.

    The Eleventh Circuit on Monday denied an appeal from a Florida prison inmate to shorten his 41-month sentence for mailing death threats to state judges, finding that the inmate waived his right to appeal when he pled guilty.

  • April 20, 2026

    Justices Mull Limits On Federal Review Of State Cases

    The U.S. Supreme Court on Monday wrestled with the potential impact of reining in — or even scrapping altogether — a 100-year-old doctrine that curbs litigants' ability to go to federal court to try to overturn a state court loss.

  • April 20, 2026

    Justices Won't Review School's Handling Of Gender Transition

    The U.S. Supreme Court on Monday declined to consider a challenge to a Massachusetts school district's decision not to inform parents when their 11-year-old child began using nonbinary pronouns and a new name.

  • April 20, 2026

    Justices Won't Block Multimillion-Dollar Health Fraud Retrial

    A man accused of pocketing $12 million as a part of a larger $140 million scheme to defraud public and private healthcare programs can't get out of a second trial, as the U.S. Supreme Court declined to review his case on Monday.

Expert Analysis

  • Series

    Adapting To Private Practice: 5 Tips From Ex-SEC Unit Chief

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    My move to private practice has reaffirmed my belief in the value of adaptability, collaboration and strategic thinking — qualities that are essential not only for successful client outcomes, but also for sustained professional satisfaction, says Dabney O’Riordan at Fried Frank.

  • 5 Drug Pricing Policy Developments To Watch In 2026

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    2026 may prove to be a critical year for drug pricing in the U.S., with potential major shifts including several legislative initiatives moving forward after being in the works for years, and more experimentation on the horizon concerning GLP-1s and Section 340B pricing, say attorneys at Manatt.

  • 2026 Int'l Arbitration Trends: Awards Against Sovereign States

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    The enforcement of arbitral awards against sovereign states is one of the most contentious and rapidly evolving areas in international arbitration, with three defining issues on the 2026 horizon: the scope of sovereign immunity, assignability of rights, and availability of fraud and corruption defenses, say attorneys at Cleary.

  • Series

    Law School's Missed Lessons: How To Start A Law Firm

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    Launching and sustaining a law firm requires skills most law schools don't teach, but every lawyer should understand a few core principles that can make the leap calculated rather than reckless, says Sam Katz at Athlaw.

  • Opinion

    What Justices Got Right In Candidate Standing Ruling

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    The U.S. Supreme Court's decision this month in Bost v. Illinois State Board of Elections broadens standing for candidates challenging state election rules, marking a welcome shift from other decisions that have impeded access to federal courts, says Daniel Tokaji at the University of Wisconsin Law School.

  • Justices' Med Mal Ruling May Hurt Federal Anti-SLAPP Suits

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    The U.S. Supreme Court's recent decision in Berk v. Choy restricts the application of certain state laws in diversity actions in federal court — and while the ruling concerned affidavit requirements in medical malpractice suits, it may also affect the use of anti-SLAPP statutes in federal litigation, says Travis Chance at Brownstein Hyatt.

  • Fed. Circ. Patent Decisions In 2025: An Empirical Review

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    In 2025, the Federal Circuit's increased output was not enough to keep up with its ever-growing patent case load, and patent owners and applicants fared poorly overall as the court's affirmance rate fell, says Dan Bagatell at Perkins Coie.

  • Key False Claims Act Trends From The Last Year

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    The False Claims Act remains a powerful enforcement tool after some record verdicts and settlements in 2025, and while traditional fraud areas remain a priority, new initiatives are raising questions about its expanding application, says Veronica Nannis at Joseph Greenwald.

  • Series

    Hosting Exchange Students Makes Me A Better Lawyer

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    Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.

  • Postconviction Law In 2026: A Recalibration, Not A Revolution

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    As the U.S. Supreme Court prepares to issue decisions in several federal postconviction cases in the coming months, the justices appear focused on restoring coherence to a system in which sentencing modification, collateral review and finality increasingly overlap, and success for practitioners will depend on strategic clarity, say attorneys at the Law Offices of Alan Ellis.

  • How Mediation Can Lead To Better Environmental Settlements

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    The Tenth Circuit's recent directive to the parties litigating Denver Water's expansion of the Gross Reservoir and Dam to mediate their dispute is a reminder that mediation in environmental matters can save time and money, and achieve a settlement that helps both sides reach their goals, says Heidi Friedman at Thompson Hine.

  • How A 1947 Tugboat Ruling May Shape Work Product In AI Era

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    Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.

  • Opinion

    Faulty Legal Assumptions Obscure Police Self-Defense Law

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    As illustrated by the public commentary surrounding the shooting of Renee Nicole Good by an immigration agent, lawyers sometimes have mistaken assumptions about the applicability of self-defense when law enforcement officers deploy deadly force, but the governing legal standard is clear, says Markus Funk at White & Case.

  • 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.

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