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Appellate
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February 11, 2026
Del. Justices Grapple Over Truth Social Share Math
An attorney for the firm that helped launch Donald Trump's social media company told Delaware's justices Wednesday that a vice chancellor erred in requiring the venture to "prove a negative" in calculations of investor stakes in the run-up to the venture's special purpose acquisition company transaction.
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February 11, 2026
3rd Circ. Skeptical Of NJ's Broad 'Sensitive Places' Gun Ban
The Third Circuit signaled skepticism Wednesday toward New Jersey's sweeping list of gun‑free "sensitive places," repeatedly pressing the state in an en banc rehearing for founding‑era support and a workable limiting principle as judges questioned whether the law risks eviscerating the right to carry firearms.
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February 11, 2026
Fla. Panel Orders New Trial Over Forcible-Felony Instruction
A Florida appeals court ordered a new trial Wednesday for a man convicted of being a principal in a murder, after finding an incorrect jury instruction undermined his trial defense that the use of force was justified.
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February 11, 2026
Ariz. Justices Say Screening Didn't Create Client Relationship
The Arizona Supreme Court ruled Wednesday that a social worker who conducted a brief crisis screening of a patient could testify at an involuntary treatment hearing, holding that the interaction did not create a confidential behavioral health professional-client relationship and therefore was not protected by privilege.
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February 11, 2026
4th Circ. Revives School Shooting Suit Against Gunmakers
A split Fourth Circuit panel Wednesday revived a lawsuit against a number of gun manufacturers brought by two victims of a 2022 school shooting in Washington, D.C., finding that the victims indeed had standing to bring their claims.
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February 11, 2026
Supreme Court Sets April Argument For 'Skinny Label' Case
The U.S. Supreme Court has set an April 29 date for oral arguments in Hikma Pharmaceutical Inc.'s appeal of a decision that revived a patent case over its "skinny label" on a generic heart drug.
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February 11, 2026
7th Circ. Mulls Expiration Date Of Teva, Eli Lilly Patent Deal
Seventh Circuit judges Wednesday pressed counsel for Teva Pharmaceuticals USA Inc. to address how long a settlement under which Eli Lilly & Co. agreed not to block the approval and marketing of Teva's generic version of its osteoporosis drug Forteo could reasonably remain in effect, given Teva's drug wasn't ready for market until years after the underlying patent dispute.
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February 11, 2026
Crypto Scam Victims Can't Sue Signature Bank, 2nd Circ. Says
The Second Circuit has upheld the dismissal of a suit by a cryptocurrency trading club against the Federal Deposit Insurance Corp., as receiver of the failed Signature Bank, alleging negligence by the bank led to the club being defrauded and losing much of the $33 million invested in it.
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February 11, 2026
Apple Keeps PTAB Win Over Fintiv Patent Claims At Fed. Circ.
The Federal Circuit on Wednesday upheld Apple's Patent Trial and Appeal Board win in its challenge to claims in a patent issued to the defunct Austin, Texas-based mobile payment startup that would become Fintiv.
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February 11, 2026
Schools Must Face Financial Aid Suit Before Appeal: Students
Former students urged an Illinois federal judge to bar Cornell, Georgetown, Notre Dame, MIT and UPenn from going straight to the Seventh Circuit on a ruling that teed up trial against the five schools yet to settle the proposed class action over the alleged fixing of financial aid offerings.
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February 11, 2026
'It Takes Time To Write': Jackson On High Court's Tariff Ruling
U.S. Supreme Court Justice Ketanji Brown Jackson has provided an unusual update on the court's decision over President Donald Trump's authority to impose emergency tariffs, saying in a TV interview that the justices are still working on what is one of their most anticipated rulings this term.
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February 11, 2026
Panel OKs Dismissal Of Ex-Mich. Trooper's Whistleblower Suit
A former Michigan State Police trooper can't pursue state-court claims that he was canned for complaining about supervisors drinking alcohol on the job, an appellate court has ruled, because the state's civil service commission has exclusive jurisdiction over the matter.
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February 11, 2026
Creek Nation Fights City's Bid To Pause Jurisdictional Suit
The Muscogee (Creek) Nation has pushed back against an Oklahoma municipality's bid to stay a jurisdiction dispute in federal district court while a similar challenge plays out in the Tenth Circuit, saying that the two cases aren't covering the same ground.
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February 11, 2026
Intel 401(k) Suit Arguments Pushed To Next High Court Term
The U.S. Supreme Court will wait until next term to hear arguments in an appeal from Intel ex-workers seeking to revive proposed class allegations that their 401(k) retirement savings were dragged down by underperforming target-date funds, a delay confirmed by justices' April calendar posted on Wednesday.
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February 11, 2026
7th Circ. Denies New Trial To Convicted Tax Preparer
A tax preparer convicted of filing false returns and stealing her grandmother's pension will not receive a new trial, the Seventh Circuit ruled, rejecting her argument that a lower court made a mistake in allowing her to represent herself.
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February 11, 2026
4th Circ. Won't Toss Appeal Over Md. Judges' Habeas Order
The Fourth Circuit rejected the Trump administration's assertion that its appeal of a ruling upholding a standing order, which Maryland federal judges issued to temporarily delay the removal of detained noncitizens who file habeas petitions, has become moot.
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February 10, 2026
Justices Asked To Review $600M Train Derailment Deal
Norfolk Southern and residents affected by the East Palestine, Ohio, train derailment who reached a $600 million class settlement told the U.S. Supreme Court Tuesday they don't plan to respond to objectors' petition seeking review of the Sixth Circuit's decision to toss their appeals of the settlement.
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February 10, 2026
7th Circ. Mulls Taking Sides In Arbitration Enforcement Split
Seventh Circuit judges Tuesday debated a nationwide circuit split over who decides whether disputes belong in arbitration, seemingly leaning toward joining circuits that leave the question to courts instead of arbitrators.
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February 10, 2026
5th Circ. Says Bank Worker's ERISA Claims Can Be Arbitrated
The Fifth Circuit on Tuesday held that a former employee at a Texas-based bank must arbitrate his proposed class claims accusing the bank of failing to invest retirement funds, reversing a lower court's finding that the arbitration clause didn't apply to him because it was added after his employment ended.
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February 10, 2026
Appeals Judge Questions Sanctions In Hurricane Straps Suit
A Ninth Circuit judge on Tuesday said he's "scratching [his] head" over a magistrate judge's order sanctioning Robins Kaplan lawyers for "baseless filings" in the first version of a complaint later amended over allegedly corroding construction connectors and fasteners, saying it might just "not have been the best written complaint."
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February 10, 2026
7th Circ. Mulls Outcome Health Execs' $1B Fraud Convictions
Seventh Circuit judges hearing former Outcome Health executives' challenge to a $1 billion fraud conviction seemed critical of the U.S. government's handling of the case on Tuesday as they questioned why its admitted asset over-restraint and introduction of certain grand jury statements should not require reversal.
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February 10, 2026
Audit Watchdog Says Anonymous Challenger Must Reveal ID
The Public Company Accounting Oversight Board has told the D.C. Circuit that a man anonymously challenging the constitutionality of the audit watchdog should be required to identify himself, arguing that he has offered "almost nothing to substantiate his claimed need for privacy."
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February 10, 2026
Tom Goldstein To Testify At Tax Trial Wednesday
SCOTUSblog co-founder Thomas Goldstein will take the stand in his tax fraud trial Wednesday, after the government rested its case with an IRS agent tallying up $3.6 million that she said went unreported on his 2016 tax return.
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February 10, 2026
DC Circ. Seeks End To Atty Fight Over Fees From IRS Deal
The D.C. Circuit wants to stop a fight over almost $800,000 in attorney fees from a suit against the Internal Revenue Service that was settled years ago, telling the parties' counsel during oral arguments Tuesday they'd like to put the matter to bed for good.
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February 10, 2026
Texas Justices Seek 'Universal' Rule On Pretrial Motions
A Texas Supreme Court justice on Tuesday pressed Attorney General Ken Paxton's office for more specifics on his position that a trial court implicitly ruled on a jurisdictional challenge in litigation over the $10 billion price tag for Austin's planned light rail system, suggesting a "universal rule" was needed.
Expert Analysis
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Series
Muay Thai Makes Me A Better Lawyer
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.
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Higher Expectations For 'Schedule A' IP Suits On The Horizon
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.
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Series
Law School's Missed Lessons: Intentional Career-Building
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.
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Key Trends In PFAS Regulation And Litigation For 2026
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.
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2nd Circ. Ruling Shows Procedural Perils Of Civil Forfeiture
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.
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Justices' Separation-Of-Powers Revamp May Hit States Next
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.
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3 Securities Litigation Trends To Watch In 2026
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.
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5 Tariff And Trade Developments To Watch In 2026
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.
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Funding Haze And Deregulatory Pursuits: The CFPB In 2026
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.
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4 Developments That Defined The 2025 Ethics Landscape
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.
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5 Trade Secret Developments To Follow In 2026
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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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.