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Appellate
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January 08, 2026
Fed. Circ. Affirms Intel, Dell Wins Over Graphics Patents
The Federal Circuit on Thursday backed a series of Patent Trial and Appeal Board decisions that claims in a pair of 3D Surfaces LLC's 3D graphics processing patents were obvious, handing wins to challengers Dell and Intel.
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January 08, 2026
PLLCs Ineligible To Serve As Trustees In NC, Court Finds
A North Carolina appeals court ruled Wednesday that a law firm organized as a professional limited liability company cannot serve as trustee of a trust or executor of a will without being explicitly authorized to do so under state law.
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January 08, 2026
Ga. Panel Orders New Fee Calculation Against Attorney
The Georgia Court of Appeals said a trial court shouldn't have imposed a $50,500 lump sum legal fee award against an attorney who brought a frivolous suit on behalf of his clients, sending the case back for the lower court to do the appropriate award calculations.
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January 08, 2026
9th Circ. Revives Investor Suit Over Webinar Co.'s IPO
A unanimous Ninth Circuit panel revived a proposed investor class action over webinar-software company ON24's initial public offering, finding that claims the company misled investors by warning about risks that were already occurring could proceed.
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January 08, 2026
Vicor's Patent Defense Faces Skepticism In SynQor Case
Electronics company Vicor's claims that it couldn't have shown "willful blindness" of SynQor's power converter technology patent that a jury said it infringed met with some skepticism from a panel of Federal Circuit judges, who pointed out that Vicor's CEO himself said that he didn't look at the patent.
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January 08, 2026
Cracker Barrel Servers Tell Justices To Avoid Collective Row
Cracker Barrel servers urged the U.S. Supreme Court not to take up the restaurant's chain's bid to review evidentiary standards used to authorize collective action notices, arguing that no circuit split exists because the Ninth Circuit ruled on the permissibility of a two-step certification process and not required showings for notice authorization.
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January 08, 2026
NJ Panel Backs Atty's Defamation Suit Against GOP
A New Jersey appellate panel refused Thursday to short‑circuit a Garden State municipal attorney's defamation suit against a slate of Republican candidates and their campaign committee, holding that the state's new anti‑SLAPP statute does not entitle the defendants to early dismissal or fees because key factual disputes require discovery.
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January 08, 2026
Mass. Justices Affirm Murder Verdict But Order Shot At Parole
Massachusetts' highest court said Thursday that a man convicted of murdering his girlfriend could not get a new trial on the basis that he was diagnosed with schizophrenia several years after the killing, but was entitled to a chance at parole because he was under 21 at the time.
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January 08, 2026
Amazon Drivers Can Keep Wage Suit In Court, Calif. Panel Says
Amazon cannot ship to arbitration six drivers' individual claims under California's Private Attorneys General Act that they were misclassified as independent contractors, a state appeals court has ruled, agreeing with a trial court that their last-mile deliveries were part of an uninterrupted interstate trip.
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January 08, 2026
Trump Admin Says Climate Grant Class Suit Is Moot
The Trump administration has told the D.C. Circuit that a proposed class action accusing it of illegally terminating a $3 billion environmental justice block grant program is moot because Congress has rescinded the funds that green groups and local governments are seeking to recover.
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January 08, 2026
Ex-Dean Of 2 Law Schools Nominated To Lead NYCBA
The New York City Bar Association on Thursday announced the nomination of the former dean of the Fordham University School of Law and Yeshiva University's Benjamin N. Cardozo School of Law to serve as its next president, elevating a prominent voice at the intersection of law and social welfare.
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January 08, 2026
Amici Back CoStar's Review Bid For Rival's Antitrust Claims
Technology industry coalition Chamber of Progress and other parties are urging the U.S. Supreme Court to grant commercial real estate information company CoStar's review petition for a Ninth Circuit ruling that revived a business rival's antitrust counterclaims.
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January 08, 2026
Audits Get Final Word On Economic Substance, IRS Atty Says
IRS attorneys provide legal guidance during audits on whether a transaction lacks economic substance, but examiners make the ultimate determination, an agency associate chief counsel said Thursday while explaining how the agency applies a powerful anti-abuse tool in audits.
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January 08, 2026
Trump Admin Can't Undo Block On Drug Rebate Program
A First Circuit panel has refused to lift a district judge's block on a Trump administration plan to pilot a rebate model for a federal drug discount program that benefits low-income patients, saying the federal government is unlikely to win its appeal.
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January 08, 2026
Fed. Circ. Affirms Navy Doesn't Owe Contractor Labor Costs
The federal circuit affirmed an Armed Services Board of Contract Appeals decision denying a materials supplier $1.15 million in labor costs allegedly owed by the U.S. Navy, finding the blanket purchase agreement did not separate out that expense.
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January 07, 2026
10th Circ. Halts Kan. Bank's $20M FDIC Appeal For Settlement
The Tenth Circuit will hold off on hearing a small Kansas bank's push to challenge a $20 million anti-money laundering enforcement proceeding from the Federal Deposit Insurance Corp. after the two sides said Wednesday that they have reached a settlement.
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January 07, 2026
Trader Asks Wary Colo. Appeals Court To Award $10M Penalty
A Colorado appellate panel pushed back Wednesday on an ex-trading director's bid for a $10 million statutory penalty against his former employer following a $6.8 million judgment against the natural gas marketing company for failing to pay him a bonus on lucrative trades made during a 2021 winter storm.
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January 07, 2026
Fed. Circ. Notes Ambiguity In VA Data Migration Procurement
A Federal Circuit judge on Wednesday acknowledged that a U.S. Department of Veterans Affairs solicitation for data migration services was confusing, but challenged a protester's attorney to answer why his client never asked for clarification during the procurement.
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January 07, 2026
NJ Panel Says Erlinger Only Applies To Direct Appeal Cases
A New Jersey state appeals court on Wednesday held that new rules from the U.S. Supreme Court over how a criminal defendant's prior convictions are used when calculating sentences cannot be applied retroactively if the defendant has previously appealed their sentence.
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January 07, 2026
Fla. Panel Says Tenants Can't Delay Condo Partition After Fire
A Florida state appellate court on Wednesday upheld an order denying a class affected by a Miami condominium fire from intervening in a receiver's action to partition and sell units to distribute proceeds to the owners, ruling that tenants have no ownership interests in the properties.
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January 07, 2026
VW Joins The Fed. Circ. Fray Over Patent Review Discretion
Volkswagen is the latest company to contest policy changes at the U.S. Patent and Trademark Office that make it harder to pursue patent challenges, telling the Federal Circuit that the agency's "unfettered discretion" to deny such challenges violates the U.S. Constitution.
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January 07, 2026
11th Circ. Affirms YouTube Win Over DMCA Safe Harbor
The Eleventh Circuit on Wednesday affirmed a win for YouTube in a dispute with a movie producer, finding that the Digital Millennium Copyright Act does not require YouTube to police its site for infringing clips beyond responding to takedown notices.
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January 07, 2026
Home Depot 401(k) Fight Wraps Before High Court Gets A Say
The Home Depot and workers alleging mismanagement of their 401(k) plan told the nation's highest court Wednesday they wrapped up their legal battle, just a month after the U.S. solicitor general urged the justices to grant the workers' bid for review and rule for the retailer.
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January 07, 2026
Wash. Appeals Court Overturns Double-Voting Conviction
A split Washington state appeals court has overturned the conviction of a man found guilty of voting in two states, ruling that because they were different elections with separate issues and candidates, he did not violate a state voting law.
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January 07, 2026
Incora Minority Noteholders To Appeal 'Uptier' Loss
Minority noteholders that lost collateral rights in a 2022 financing deal at aircraft parts supplier Incora will appeal a decision by a Texas federal judge that had upheld the debt exchange, according to a notice filed Tuesday.
Expert Analysis
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Top 10 Employer Resolutions For 2026
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.
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Navigating AI In The Legal Industry
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.
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4 California Insurance Law Decisions To Know From 2025
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.
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The Major Securities Litigation Rulings And Trends Of 2025
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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A 6th Circ. Snapshot: 3 Cases That Defined 2025
With more than a thousand opinions issued this year, three rulings from the Sixth Circuit stood out for the impact they'll have on the practice of civil procedure, including a net neutrality decision, a class certification standards ruling and an opinion about vulgarity in school, say attorneys at Ice Miller.
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How Fractional GCs Can Manage Risks Of Engagement
As more organizations eliminate their in-house legal departments in favor of outsourcing legal work, fractional general counsel roles offer practitioners an engaging and flexible way to practice at a high level, but they can also present legal, ethical and operational risks that must be proactively managed, say attorneys at Boies Schiller.
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Health, Legal Employers Face Unique Online Speech Hurdles
Employers in the legal and healthcare industries must consider distinctive ethical obligations and professional requirements when disciplining employees for social media posts, while anticipating an area of the law in flux as courts seek to balance speech rights and the workplace function, say attorneys at FordHarrison.
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Opinion
Justices Should Clarify Loper Bright Doctrine Via Patent Case
The U.S. Supreme Court should use the Lynk Labs v. Samsung patent case to provide urgently needed guidance on how last year’s Loper Bright decision should be applied to real-world questions of agency authority in the post-Chevron world, says Timothy Hsieh at Oklahoma City University School of Law.
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3 Notable Developments In Ch. 15 Bankruptcy This Year
Several notable Bankruptcy Code Chapter 15 decisions from 2025 warrant review, including rulings that clarified the framework of Chapter 15 surrounding nonparty releases, reinforced the principles of a debtor's center of main interest in the face of extensive mass tort litigation, and reviewed synthetic cross-border proceedings, say attorneys at Troutman.
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Reviewing 2025's Most Pertinent Wiretap Developments
2025 was a remarkable year in the world of web tracking wiretapping litigation, not only for the increased caseload but also because of numerous developing theories of liability, with disputes expected to continue unabated in 2026, say attorneys at Squire Patton.
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Series
Nature Photography Makes Me A Better Lawyer
Nature photography reminds me to focus on what is in front of me and to slow down to achieve success, and, in embracing the value of viewing situations through different lenses, offers skills transferable to the practice of law, says Brian Willett at Saul Ewing.
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Series
Law School's Missed Lessons: Practical Problem Solving
Issue-spotting skills are well honed in law school, but practicing attorneys must also identify clients’ problems and true goals, and then be able to provide solutions, says Mary Kate Hogan at Quarles & Brady.
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Software Patents May Face New Eligibility Scrutiny
November guidance from the U.S. Patent and Trademark Office, along with recent litigation trends from the Federal Circuit, may encourage new challenges in the USPTO and district courts to artificial intelligence and software patents that rely on generic computing functions without concrete details, say attorneys at Venable.
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Contract Disputes Recap: Delay, Plain Text, Sovereign Acts
Three recent decisions addressing familiar pressure points show that even well-worn doctrines evolve, and both contractors and the government should reexamine their assumptions, says Zachary Jacobson at Seyfarth.
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Opinion
A Uniform Federal Rule Would Curb Gen AI Missteps In Court
To address the patchwork of courts’ standing orders on generative artificial intelligence, curbing abuses and relieving the burden on judges, the federal judiciary should consider amending its civil procedure rules to require litigants to certify they’ve reviewed legal filings for accuracy, say attorneys at Shook Hardy.