Appellate

  • January 20, 2026

    Justice Jackson Slams Fee Waiver Ban For Indigent Prisoners

    The U.S. Supreme Court Tuesday rejected three pro se indigent prisoners' bids to file petitions to the court without fees and permanently barred them from seeking fee waivers from the high court, decisions that Justice Ketanji Brown Jackson called "foolish" in a passionate dissent.

  • January 20, 2026

    2nd Circ. Says US Not Venue For Kazakhstani Gov't Dispute

    A Second Circuit panel refused to revive a Kazakhstani businessman's suit against his business partners and the country's National Security Committee over an alleged scheme that made him take the fall for misappropriated funds used for bribes, determining the suit didn't belong in the U.S.

  • January 20, 2026

    McCarter & English Knocks Down Biotech Malpractice Appeal

    A New Jersey appellate court on Tuesday upheld the dismissal of a biotech company's malpractice and related claims against McCarter & English LLP, finding the biotech company was required to bring those allegations during the firm's earlier suit to recover more than $837,000 in unpaid legal fees.

  • January 20, 2026

    NJ Justices Sharply Limit Attorney Liability To Nonclients

    The New Jersey Supreme Court adopted a formal framework on Tuesday for determining when attorneys owe a duty of care to nonclients, affirming that estate lawyers generally cannot be sued for malpractice by disappointed heirs without clear proof the lawyer was engaged to benefit them directly.

  • January 20, 2026

    5th Circ. Urged Not To Transfer Google Antitrust Case

    Mobile analytics software company Branch Metric urged the Fifth Circuit on Tuesday not to transfer from Texas to California its case accusing Google of monopolizing mobile device search markets, saying the case has sufficient connections to the Lone Star State.

  • January 20, 2026

    Va. Tells 4th Circ. To Stay Order Blocking Vape Law On Appeal

    The Commonwealth of Virginia is asking the Fourth Circuit to stay a district court order blocking enforcement of some aspects of its law banning the sale of unauthorized vapes, saying the district court was wrong to find the law was preempted by the Food Drug and Cosmetic Act and the Family Smoking Prevention and Tobacco Control Act.

  • January 20, 2026

    4th Circ. Caps Under Armour's Insurance Coverage At $100M

    Under Armour's public financial forecasts and its accounting practices are a single claim under its insurers' excess policy language because they are "logically or causally related," the Fourth Circuit found Tuesday, overturning a trial court's ruling and capping the sportswear company's coverage at $100 million.

  • January 20, 2026

    3rd Circ. Sides With Doctor In Exam Question Copyright Suit

    The Third Circuit has affirmed a win for a doctor who was sued for copyright infringement by the American Board of Internal Medicine after emailing test materials to a test preparation company, saying there was not sufficient evidence that improper copying had occurred.

  • January 20, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court wrapped up last week with a mix of deal litigation, governance fights and disclosure battles, including a proposed settlement over a contested medical device sale, a merits dismissal tied to a $2 billion biotech exit and dueling lawsuits over Paramount Skydance's pursuit of Warner Bros. Discovery.

  • January 20, 2026

    Cracker Barrel Pushes For Justices' Review Of Collective Cert.

    The Supreme Court needs to pick up a wage and hour case challenging the evidentiary standard of the two-step certification process to certify collectives, Cracker Barrel urged the justices, arguing that their intervention is paramount to establish the same certification process in all courts.

  • January 20, 2026

    Cracker Barrel Workers Push Justices To Hear Collective Fight

    Cracker Barrel servers urged the U.S. Supreme Court to take up an appeal of a Ninth Circuit decision that only Arizona employees could opt in to a collective suit over tipped wages, rebutting the restaurant chain's arguments that a circuit split on the issue will resolve itself.

  • January 20, 2026

    Tax Court Wrongly Cut Conservation Gift Value, 4th Circ. Told

    The U.S. Tax Court made multiple errors when it reduced the value of rock-rich land underlying a North Carolina partnership's conservation easement donation, the partnership told the Fourth Circuit, urging it to at least reverse penalties imposed by the court as a result of its findings.

  • January 20, 2026

    Supreme Court Security Gets $30M Boost In DHS Bill

    The consolidated U.S. Department of Homeland Security funding bill for fiscal year 2026 released early Tuesday morning includes $30 million for the security of U.S. Supreme Court justices.

  • January 20, 2026

    Chamber Tells 5th Circ. EPA Asbestos Ban Goes Too Far

    The U.S. Chamber of Commerce is urging the Fifth Circuit to vacate a 2024 rule by the U.S. Environmental Protection Agency banning the use of chrysotile asbestos, saying the agency overstepped its authority without consulting other regulators as it was required to.

  • January 20, 2026

    High Court Won't Review Timeliness Of MSU Bias Suit

    The U.S. Supreme Court refused Tuesday to hear an Asian Michigan State University worker's challenge to a Sixth Circuit ruling that his race and age bias suit had been filed too late, despite his argument that the deadline for filing federal discrimination suits needs to be clarified.

  • January 20, 2026

    Justices Won't Hear Audi, VW Bid To Limit Calif. Jurisdiction

    The U.S. Supreme Court on Tuesday declined to hear Audi AG and Volkswagen AG's bids to limit when foreign manufacturers, whose products are sold through a U.S. distributor, are subject to specific personal jurisdiction in American state courts for product liability and personal injury claims.

  • January 20, 2026

    Justices Set Time Limit To Ax Judgments, Ending 11-1 Split

    Almost every circuit court has wrongly allowed litigants to vacate invalid judgments regardless of how long ago the judgments became final, the U.S. Supreme Court ruled Tuesday, endorsing one circuit's outlier interpretation of a decades-old procedural rule.

  • January 20, 2026

    Justices Say State Med Mal Laws Don't Apply In Federal Court

    The U.S. Supreme Court on Tuesday ruled that a Delaware medical malpractice statute clashes with federal rules of procedure and is therefore unenforceable in federal court, saying the state law unfairly asks for evidence early on in a case.

  • January 20, 2026

    Supreme Court Rules Mandatory Restitution Is Punitive

    The U.S. Supreme Court held in a unanimous opinion Tuesday that restitution is a criminal punishment subject to the Constitution's ban on increasing punishment retroactively.

  • January 20, 2026

    Supreme Court Turns Away Jewish Texts Expropriation Suit

    The U.S. Supreme Court declined Tuesday to take up a petition challenging a D.C. Circuit ruling concluding that federal courts do not have jurisdiction over a Jewish group's decades-old allegations that Russia is illegally holding on to its long-lost sacred texts.

  • January 20, 2026

    Justices Ax 6th Circ. Abortion Order Amid Loper Bright Outcry

    The U.S. Supreme Court on Tuesday erased a Sixth Circuit decision allowing abortion-related conditions on family planning grants, a victory for Tennessee officials who accused the circuit of flouting the high court's landmark rejection of judicial deference to regulators.

  • January 16, 2026

    Law360 Names Practice Groups Of The Year

    Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2025, which honor the attorney teams behind litigation wins and significant transaction work that resonated throughout the legal industry this past year.

  • January 17, 2026

    Up Next At High Court: Fed Firing & Gun 'Vampire Rules'

    The Supreme Court will begin a short argument week Tuesday, during which the justices will consider President Donald Trump's authority to fire a Democratic Federal Reserve governor over allegations of mortgage fraud, as well as the ability for states to presumptively bar gun owners from carrying firearms onto private property open to the public unless the property owner explicitly allows it. 

  • January 16, 2026

    1st Circ. Revives Some Of Baseball Legend's Sons' TM Claims

    The First Circuit on Friday largely affirmed the dismissal of a trademark infringement lawsuit that sons of late MLB Hall of Famer Roberto Clemente lodged against the Puerto Rican government, but said a lower court was "off base" when dismissing a few claims against Commonwealth officials in their personal capacities.

  • January 16, 2026

    What To Watch For In 1st Paragard Bellwether Trial

    Drugmaker Teva is set to face its first bellwether trial starting Tuesday in a multidistrict litigation containing thousands of claims that the Paragard copper IUD was prone to breaking and leaving pieces inside patients' uteri. Here, Law360 previews a trial that's shaping up to be a science-heavy battle of the experts.

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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