Appellate

  • January 08, 2026

    4th Circ. Affirms Maryland Man's Visa Fraud Conviction

    A split Fourth Circuit panel on Thursday affirmed the visa fraud convictions of a Maryland man who prosecutors said submitted fraudulent applications for clients of his immigration "legal center," with the majority ruling that knowingly making false statements on documents that aren't necessarily required can still be criminal.

  • January 08, 2026

    Apple Beats Antitrust Suit Over Heart Rate Data At 9th Circ.

    A Ninth Circuit panel affirmed Apple's win Thursday against startup AliveCor Inc.'s antitrust claims alleging it illegally blocked third-party access to Apple Watch medical data to create rival software, finding that Apple has no "duty to deal" with AliveCor and therefore the startup's claims fail as a matter of law.

  • January 08, 2026

    Wash. Justices Take Up Pixel Privacy Suit Against Hospital

    The Washington Supreme Court has taken up a group of parents' bid to revive their proposed class action accusing Seattle Children's Hospital of sharing their private data with Facebook parent company Meta by installing its Pixel browser tracking tool on the hospital's public-facing website.

  • January 08, 2026

    Texas Court Mostly Reverses $27M Exxon Explosion Verdict

    A Texas appellate court on Thursday largely vacated a $27 million jury verdict against ExxonMobil related to a 2019 explosion at a Houston-area petrochemical plant, citing insufficient evidence to support the damages awarded to three injured workers.

  • January 08, 2026

    11th Circ. Asked To Undo 'Deeply Flawed' Securities Ruling

    Florida-based energy company NextEra Energy Inc. wants the full Eleventh Circuit to reconsider a panel decision to revive an investor lawsuit against the utility operator, asserting that unless undone, the decision would leave the circuit with "the nation's most permissive loss-causation standard."

  • January 08, 2026

    9th Circ. Upholds Hyundai, Kia Theft Defect Settlement

    A Ninth Circuit panel on Thursday upheld a $145 million class action settlement resolving claims that certain Hyundai and Kia vehicles were defectively designed and vulnerable to theft, rejecting the arguments of two objectors who said the deal shortchanged owners whose cars were never stolen or that it wasn't enough of a total payout.

  • January 08, 2026

    Fed. Circ. Says Crocs' Appeal Of Split ITC Loss Came Too Late

    The Federal Circuit on Thursday rebuffed Crocs Inc.'s efforts to save its request for an import ban against companies it accused of importing footwear infringing its trademarks, finding the company was too late in challenging the mixed ITC ruling that generated two appeal deadlines.

  • January 08, 2026

    11th Circ. Told Gov't Knew Of Facility's Impact To Everglades

    Nonprofit groups told the Eleventh Circuit that the Trump administration withheld information on the environmental impact of an immigrant detention center located in the Everglades, saying the federal government worked closely with Florida officials before constructing the facility. 

  • January 08, 2026

    9th Circ. Redo Raises New Issues On Abortion Coverage Law

    A Ninth Circuit panel that previously sided with Washington in a church's challenge to a state law mandating employer health coverage of abortion services voiced fresh concerns about both sides' positions when revisiting the case Thursday, roughly six months after rescinding the initial opinion without explanation.

  • January 08, 2026

    Alito Recuses From Chevron, Exxon Coastal Pollution Case

    U.S. Supreme Court Justice Samuel Alito on Thursday recused himself from considering Chevron and ExxonMobil's effort to place Louisiana pollution lawsuits stemming from the companies' World War II-era production in federal court, just days before the justices hear oral arguments in the case.

  • January 08, 2026

    Comcast Wants Full Fed. Circ. To Rethink Transfer Denial

    Comcast said Thursday that the full Federal Circuit should review a December panel decision that shot down its bid to overturn an Eastern District of Texas judge's decision declining to transfer an infringement suit the telecom behemoth is facing to the Eastern District of Pennsylvania.

  • January 08, 2026

    Colo. City's Urban Renewal Suit Dismissal Upheld

    A Colorado Court of Appeals panel found Thursday that a lower court was correct to dismiss a complaint as moot against the city of Loveland from a group of citizens and former council members alleging the City Council at the time voted on an urban renewal plan without approval from voters.

  • January 08, 2026

    New Assistant AG For Fraud Will Report To White House

    Vice President JD Vance announced on Thursday the creation of a new assistant attorney general role for fraud, which will be overseen by him and the president.

  • January 08, 2026

    Mass. Court Affirms DQ Of Pot Shop Lawyer

    An intermediate appellate court in Massachusetts on Thursday affirmed the disqualification of an attorney who sought to represent both an LLC seeking to open a cannabis dispensary and one of its members in a dispute with the other member.

  • January 08, 2026

    3rd Circuit Upholds 24-Year Drug, Fraud Sentence

    A Third Circuit panel on Thursday upheld a roughly 24-year prison sentence imposed on a Pennsylvania man convicted of marijuana trafficking and wire fraud, rejecting arguments that the trial judge improperly relied on acquitted conduct, overstated the man's leadership role and imposed an excessive punishment.

  • January 08, 2026

    Courts Back Agencies Despite Loper Bright Ruling, DOJ Says

    Appellate courts have mostly upheld federal agencies' interpretation of ambiguous statutes, including tax disputes, even after the U.S. Supreme Court's 2024 landmark decision that limited agency deference, a U.S. Department of Justice attorney said Thursday.

  • January 08, 2026

    5th Circ. Pushes TSA On $48M Refund Fine Against Southwest

    A Fifth Circuit judge laughed aloud at the Transportation Security Administration's statement that it lacks the capacity to refund a security service fee to millions of passengers, questioning Thursday why Southwest Airlines Co. should get dinged with a $48 million fine for failing to refund the fee to some passengers.

  • January 08, 2026

    6th Circ. Says Immunity Dooms Mich. Farm's Zoning Fight

    The Sixth Circuit will not revive a Michigan couple's lawsuit against their township related to a heated dispute over zoning approvals for selling cider and hosting events at their farm, saying the farm owners have not shown the local officials should be stripped of their qualified immunity.

  • January 08, 2026

    Virginia Justices Order New Trial In $2B Trade Secrets Case

    The Virginia Supreme Court on Thursday upheld a state appellate court decision that vacated Appian Corp.'s $2 billion trade secrets award against software competitor Pegasystems Inc., saying the decision correctly ordered a new trial because errors from the trial judge led to the biggest jury award in Virginia history.

  • January 08, 2026

    NC Wins Appeal To Use Smithfield Funds For Enviro Grants

    The North Carolina Attorney General's Office can continue putting money from a decades-old hog waste agreement toward environmental grants, a state appeals court panel ruled, overturning a lower court order earmarking the money exclusively for public schools.

  • January 08, 2026

    3rd Circ. Rules Hotel Room Searches After Checkout Are Legal

    The Third Circuit on Thursday ruled that hotel guests are not entitled to a reasonable expectation of privacy after checking out, rejecting an appeal from a man arrested after hotel staff notified police that they found drugs in his room.

  • January 08, 2026

    Mich. Man Can Seek New Trial In Murder Case, Panel Says

    A Michigan state appellate court has ruled that a lower court erred in rejecting eyewitness statements that a man convicted of murder 25 years ago sought to introduce in his case, finding the evidence was newly discovered and merits review.

  • January 08, 2026

    Fed. Circ. Backs Trade Court's Rejection Of Cheaper Duty Bid

    A Federal Circuit panel Thursday affirmed a U.S. Court of International Trade judge's determination that a Christmas ornament seller imported its Chinese-made goods to Canada with the intention of selling them in the U.S. and therefore isn't entitled to a cheaper duty rate.

  • January 08, 2026

    Chancery Lifts Stay In Ukraine's PrivatBank Bogus Loan Suit

    Saying that "it is now clear this case must proceed at some point," a Delaware vice chancellor on Thursday lifted a four-year-long hold on a Ukrainian bank's six-year-old suit accusing two oligarchs and others of lining up billions in fraudulent loans that that funneled — or "recycled" — hundreds of millions into real estate investments in the United States.

  • January 08, 2026

    Yankees Slugger Wins TM Battle Over 'Judge' Slogans

    The Federal Circuit has blocked a Long Island man from registering trademarks for judicial-themed slogans that had already been used by New York Yankees star Aaron Judge, upholding a Trademark Trial and Appeal Board decision in the slugger's favor.

Expert Analysis

  • ERISA Litigation Trends To Watch With 2025 In The Rearview

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    There were significant developments in Employee Retirement Income Security Act litigation in 2025, including plaintiffs pushing the bounds of sponsor and fiduciary liability and defendants scoring district court wins, and although the types of claims might change, ERISA litigation will likely be just as active in 2026, say attorneys at Groom Law.

  • 2025's Defining AI Securities Litigation

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    Three securities litigation decisions from 2025 — involving General Motors, GitLab and Tesla — offer a preview of how courts will assess artificial intelligence-related disclosures, as themes such as heightened regulatory scrutiny and risk surrounding technical claims are already taking shape for the coming year, say attorneys at Cooley.

  • How 11th Circ.'s Zafirov Decision Could Upend Qui Tam Cases

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    Oral argument before the Eleventh Circuit last month in U.S. ex rel. Zafirov v. Florida Medical Associates suggests that the court may affirm a lower court's opinion that the qui tam provisions of the False Claims Act are unconstitutional — which could wreak havoc on pending and future qui tam cases, say attorneys at Morgan Lewis.

  • 3 DC Circ. Rulings Signal Shift In Search And Seizure Doctrine

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    A trio of decisions from courts in the District of Columbia Circuit, including a recent order compelling prosecutors to return materials seized from James Comey’s former attorney, makes clear that continued government possession of digital evidence may implicate the Fourth Amendment, says Gregory Rosen at RJO.

  • 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.

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