Appellate

  • January 13, 2026

    Comcast Decries Circuit Split After $177M IP Case Is Revived

    The Federal Circuit split from several other circuits when reviving WhereverTV Inc.'s $177 million infringement suit against Comcast based on waived arguments, the telecommunications giant has warned the U.S. Supreme Court.

  • January 13, 2026

    9th Circ. Says Loggers' Suit Does Not Show A Monopoly

    The Ninth Circuit declined Tuesday to revive a lawsuit by a coalition of logging groups that accused a U.S. Forest Service contractor of monopolizing the industry in the Pacific Northwest, finding the plaintiffs' antitrust claims lacked adequate details.

  • January 13, 2026

    10th Circ. OKs Murder Conviction Despite Gender Bias At Trial

    The Tenth Circuit ruled Tuesday that the Oklahoma Court of Criminal Appeals correctly concluded that a woman sentenced to death for killing her husband received a fair trial, rejecting arguments that prosecutors' use of sexualized and gender-stereotyped evidence violated her constitutional rights.

  • January 13, 2026

    Sen. Whitehouse Presses AG On Boasberg Complaint Results

    Sen. Sheldon Whitehouse, D-R.I., ranking member of the courts panel on the Senate Judiciary Committee, is calling for Attorney General Pam Bondi to release the results of the disciplinary complaint she filed against Chief U.S. District Judge James Boasberg of the District of Columbia when the investigation wraps up.

  • January 13, 2026

    Illinois Justice Theis To Retire From Supreme Court Bench

    Illinois Supreme Court Justice Mary Jane Theis is retiring at the end of January after more than 40 years on the bench, with her seat to be filled through the end of her term by First District Appellate Court Justice Sanjay T. Tailor, the first Asian American to serve on the high court.

  • January 13, 2026

    DC Circ. Upholds NLRB's Ruling Against Mont. Telco

    The D.C. Circuit Tuesday upheld the National Labor Relations Board's finding that a telecom company illegally withheld records of its use of non-union workers from a union, saying the company forfeited its argument that the union took too long to back up its demand. 

  • January 13, 2026

    Youths Urge 9th Circ. To Revive Trump Energy Orders Fight

    A group of young people asked the Ninth Circuit to revive their lawsuit challenging President Donald Trump's energy-related emergency orders, arguing the lower court erred by saying it did not have jurisdiction to rule on the matter.

  • January 13, 2026

    North Carolina County Tells 4th Circ. It Didn't Underpay EMTs

    A North Carolina federal court correctly ruled that a North Carolina county didn't owe damages to EMS workers because their pay structure included both straight time and overtime, but erred in concluding the county violated federal wage law, the county told the Fourth Circuit.

  • January 13, 2026

    Carnival Urges 11th Circ. To Undo $10M Sexual Assault Verdict

    Cruise line Carnival urged the Eleventh Circuit on Tuesday to reverse a decision awarding $10 million to a passenger who was sexually assaulted, arguing it was unfairly prejudiced when FBI evidence rebutting her testimony was admitted during trial after it was previously rejected by the lower court.

  • January 13, 2026

    5th Circ. Urged To Revive Southwest 737 Max Overcharge Suit

    Consumers have urged the Fifth Circuit to revive their claims alleging Southwest Airlines overcharged them for riskier flights on Boeing 737 Max 8 jets, saying they've asserted a classic benefit-of-the-bargain injury that gives them standing to sue.

  • January 13, 2026

    Former USPTO Solicitor Joins Orrick's Supreme Court Group

    A veteran U.S. Patent and Trademark Office attorney has come aboard Orrick Herrington & Sutcliffe LLP in Washington, D.C., as a partner in the firm's Supreme Court and appellate practice, Orrick announced Tuesday.

  • January 13, 2026

    Justices Seem Poised To Greenlight Transgender Athlete Bans

    The conservative wing of the U.S. Supreme Court voiced skepticism of allowing transgender athletes to compete in women's and girls' sports Tuesday, while also signaling a willingness to keep its ruling narrowly tailored.

  • January 13, 2026

    4th Circ. Combines DOJ Appeals Of Comey, James Dismissals

    The Fourth Circuit has granted the Trump administration's request to combine its previously separate appeals of the dismissals of prosecutions against former FBI Director James Comey and New York Attorney General Letitia James.

  • January 13, 2026

    Fed. Circ. Gives Apple New Shot At Axing Smart Mobile Patent

    The Federal Circuit on Tuesday revived Apple's challenge at the Patent Trial and Appeal Board to a technology patent that Smart Mobile Technologies LLC accuses it of infringing.

  • January 13, 2026

    'Sazerac Stitches' TM Too Similar To Sazerac, Fed. Circ. Says

    The Federal Circuit on Tuesday affirmed a trademark tribunal's refusal to register "Sazerac Stitches" for a variety of home goods and decor items because of potential confusion with the distilled spirits and cocktail accessories sold by Sazerac Brands LLC.

  • January 13, 2026

    Harvard Seeks 1st Circ. Backing For Student Visa Program

    The federal government "has no persuasive defense" of its efforts to bar international students from enrolling at Harvard University, the school told the First Circuit in asking the court to uphold an order enjoining the move.

  • January 13, 2026

    Express Scripts Can't Impel FTC Atty Views On Insulin Makers

    A Federal Trade Commission in-house judge has denied a bid from Express Scripts to force a commission attorney to sit for a deposition to discuss an investigation into insulin manufacturers as the pharmacy benefit manager defends against the agency's insulin pricing case.

  • January 13, 2026

    Jack Smith To Testify Publicly Next Week

    Former special counsel Jack Smith is slated to testify publicly before the House Judiciary Committee on Jan. 22 after, according to his attorney, having been "ready and willing" to do so for a while.

  • January 13, 2026

    J&J Wins Partial Reversal Of $1B Merger Milestone Loss

    Delaware's Supreme Court has partially reversed a vice chancellor's September 2024 ruling that Johnson & Johnson owes more than $1 billion for failing to prioritize regulatory approvals linked to "earnout" payments for robotic surgical device technology that J&J acquired from a developer.

  • January 13, 2026

    Mass. Court Clears Title Insurer In Lender's Foreclosure Loss

    A title insurance company's successful effort to dissolve a previously missed $1.6 million attachment on a piece of property was all that was required to absolve it of liability to a second mortgage lender after the primary lender foreclosed, a panel of Massachusetts' intermediate-level appeals court concluded Tuesday.

  • January 13, 2026

    Ga. Panel Doesn't Blink At $50M Bungled Root Canal Verdict

    The Georgia Court of Appeals appeared skeptical Tuesday of an Atlanta dentist's bid to overturn a $50 million malpractice verdict against him over a botched root canal, doubting that the award necessarily "shocks the conscience" merely because an earlier, smaller verdict was thrown out on that basis.

  • January 13, 2026

    Tribal Groups Weigh In On High Court Miss. Ballot Dispute

    A group of Native American organizations is backing a U.S. Supreme Court petition that looks to reverse a Fifth Circuit determination on Mississippi's law regarding late-arriving mail-in ballots, arguing that not allowing states to extend receipt deadlines will lead to further disenfranchisement of Indigenous people.

  • January 12, 2026

    US Backs Tarnishment Provision Constitutionality At 9th Circ.

    Jack Daniel's has urged the Ninth Circuit to affirm a district court's ruling that a company's poop-themed "Bad Spaniels" dog toy tarnished the whiskey maker's trademark, while the federal government separately opposed the toy maker's contention that the Lanham Act's tarnishment provision violates the First Amendment.

  • January 12, 2026

    Gov't Fights Block Of EOs Curbing Federal Unions At 9th Circ.

    The Trump administration urged a Ninth Circuit panel Monday to scrap a preliminary injunction blocking President Donald Trump's executive order that eliminates labor contracts for purported "national security agencies," arguing that federal courts lack jurisdiction over the dispute and the president is afforded broad deference in such national security determinations.

  • January 12, 2026

    5th Circ. Won't Revive TMX's Texas Challenge To $52M Pa. Fine

    An affiliate of consumer lender TMX Finance can't use Texas federal courts to challenge the enforcement of Pennsylvania's consumer lending interest rate cap by the Keystone State's financial regulator, the Fifth Circuit has determined.

Expert Analysis

  • 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.

  • Top 10 Employer Resolutions For 2026

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    Heightened regulatory attention, shifting enforcement priorities and increased litigation risk mean that routine workplace decisions in 2026 will require greater discipline and foresight, including in relation to bias and inclusion training, employee resource groups, employee speech, immigration compliance, workplace accommodations, and shadow artificial intelligence, say attorneys at Krevolin & Horst.

  • Navigating AI In The Legal Industry

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    As artificial intelligence becomes an increasingly integral part of legal practice, Law360 guest commentary this year examined evolving ethical obligations, how the plaintiffs bar is using AI to level the playing field against corporate defense teams, and the attendant risks of adoption.

  • 4 California Insurance Law Decisions To Know From 2025

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    California continued to shape the national insurance landscape in 2025, issuing a series of decisions that may recalibrate claims handling, underwriting strategy and policy drafting in areas from property damage claims after a wildfire to automobile coverage for delivery drivers in the gig economy, say attorneys at Nicolaides Fink.

  • The Major Securities Litigation Rulings And Trends Of 2025

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    The past 12 months saw increased regulator focus on disclosures concerning artificial intelligence, signs of growing judicial scrutiny at the class certification stage, and shifting regulatory priorities at the U.S. Securities and Exchange Commission — all major developments that may significantly affect securities litigation strategy in 2026 and beyond, say attorneys at Debevoise.

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