Appellate

  • February 26, 2026

    PepsiCo Loses Another Frito-Lay Tax Deficiency Fight In Ill.

    An Illinois state panel affirmed a trial court's finding that PepsiCo improperly excluded Frito-Lay profits from state income tax calculations by factoring expatriates' foreign payroll into its considerations, handing the company its second appellate loss on the issue.

  • February 26, 2026

    Conn. High Court Snapshot: Transcripts, Signatures & Lyrics

    When the Connecticut Supreme Court opens its new term Monday, the justices will consider if prosecutors were wrong to introduce a rap video into a murder trial and whether a former Democratic party bigwig was wrongfully denied an opportunity to challenge the expert witness in his voter fraud case.

  • February 26, 2026

    Pair 'Cannot Complain' About Slashed Verdict, Ga. Panel Says

    The Georgia Court of Appeals affirmed Wednesday a state judge's decision to effectively wipe out a couple's crash verdict of $311,000 by deducting prior insurance payments from the judgment, ruling that the plaintiffs got "precisely what they requested" before trial.

  • February 26, 2026

    Health Plans Lack Expert In Avandia MDL, 3rd Circ. Told

    Counsel for GlaxoSmithKline urged a Third Circuit panel on Thursday to undo an order certifying a class of health plans in the multidistrict litigation over the company's alleged deceptive marketing of the diabetes drug Avandia, arguing the plaintiffs didn't have the experts necessary to support their case.

  • February 26, 2026

    Pa. Court Rules Serial Killer Books Justify Death Row Do-Over

    The Pennsylvania Supreme Court has once again vacated the death penalty for a man found guilty of a 1994 strangulation, ruling on Thursday that his counsel was ineffective because the attorney failed to object to evidence that painted the accused as an aspiring serial killer.

  • February 26, 2026

    9th Circ. Lifts Injunction That Blocked Federal Union Ouster

    The Ninth Circuit gave the Trump administration the green light to kick unions out of nearly two dozen federal agencies Thursday, lifting a block on an executive order that let the agencies cut union ties claiming national security concerns.

  • February 26, 2026

    Atty Owns 'Sloppy' Incorrect Citations Before Texas Justices

    A Houston attorney told a Texas appellate panel Thursday that incorrect case citations in his brief were "sloppy" and "embarrassing," taking responsibility for errors that included nonexistent cases and inaccurate quotations.

  • February 26, 2026

    Cisco Shouldn't Face Falun Gong Torture Suit, Feds Tell Justices

    The federal government has asked the U.S. Supreme Court to reverse a Ninth Circuit ruling that allowed Falun Gong practitioners to pursue Alien Tort Statute claims accusing Cisco of aiding China's oppression and torture of its members, saying federal courts lack the authority to create new ATS causes of action.

  • February 26, 2026

    Calif. Residents Appeal Tribal Casino Order In DC Circ.

    A group of California residents and a nonprofit organization are appealing a Washington federal judge's denial of an attempt to block the construction of a casino owned by the Ione Band of Miwok Indians, following his recent order denying their motion for a preliminary injunction.

  • February 26, 2026

    Calif. Atty Agrees To Discipline From State Bar Over AI Errors

    A Los Angeles attorney has agreed to be disciplined for filing appellate briefs rife with artificial intelligence-hallucinated case law quotations, according to a stipulation approved Wednesday by the California State Bar Court, which found that he "recklessly and with gross negligence failed to perform legal services with competence."

  • February 26, 2026

    Antitrust Claims Over Oil Tubing Patents Saved By Fed. Circ.

    The Federal Circuit on Thursday undid a Texas federal judge's conclusion that a company intended to defraud the U.S. Patent and Trademark Office when it got a patent on coiled tubing, but also revived claims accusing it of using fraudulently obtained patents to get a monopoly.

  • February 26, 2026

    Justices Told 'Skinny Label' Case Puts Generic Drugs At Risk

    The U.S. government, one named sponsor of the Hatch-Waxman Act, a generic-drug industry group and more have warned the U.S. Supreme Court that a decision that allowed a patent case involving a so-called skinny label to proceed threatens the availability of low-cost generic drugs.

  • February 26, 2026

    6th Circ. Skeptical Of Jurisdiction In NLRB Decert. Challenge

    The Sixth Circuit appeared unlikely Thursday to revive a construction company's challenge to a National Labor Relations Board decision tossing a petition to oust a union representing workers at the company, with judges skeptical they had jurisdiction to consider the dispute under federal labor law's limitations on representation case appeals.

  • February 26, 2026

    Dolby Asks High Court To Review PTAB Interested-Party Fight

    Dolby urged the U.S. Supreme Court to scrutinize a Federal Circuit decision denying its appeal of Patent Trial and Appeal Board proceedings decided in its favor, saying that Unified Patents' failure to disclose all the relevant parties is reviewable and defies the America Invents Act.

  • February 26, 2026

    Judge Unlikely To Lift Feds' Sanctions For Protester Removals

    A Massachusetts federal judge who ruled two Cabinet-level officials in the Trump administration targeted pro-Palestinian protesters for removal based on their speech appeared unmoved Thursday by the government's request to lift his sanctions while it appeals.

  • February 26, 2026

    Fed. Circ. Affirms Chip Patent Claims Are Invalid

    The Federal Circuit on Thursday affirmed a Delaware federal judge's decision that a set of patents covering computer chip design were invalid under the so-called Alice test, clearing semiconductor makers Siemens and GlobalFoundries of infringement allegations.

  • February 26, 2026

    6th Circ. Backs Officer's Immunity In Vacated-Conviction Case

    The Sixth Circuit has ruled that a Detroit man whose drug conviction was vacated cannot move forward with his civil rights lawsuit against a narcotics officer, finding he failed to show the officer falsified a search warrant affidavit or failed to turn over evidence favorable to the defense.

  • February 26, 2026

    TikTok, Meta Get Hot Bench In 'Subway Surfing' Death Appeal

    Social media giants TikTok and Meta Thursday faced a barrage of questions by New York state appellate court judges as the companies seek dismissal of a lawsuit over the death of a boy who climbed atop a moving subway car, which his parent alleged was due to a "challenge" video pushed to minors.

  • February 26, 2026

    4th Circ. Revives Secrets Charges Against Ex-Deloitte Workers

    The Fourth Circuit on Thursday revived the bulk of the charges against two former Deloitte workers accused of stealing the company's trade secrets, disagreeing with a lower court that dismissed the case because of the government's delay in bringing it.

  • February 26, 2026

    11th Circ. Accuses CSX Of 'Semantics Games' In Fla. Trail Spat

    CSX's bid to throw out a Surface Transportation Board ruling that revoked approval for a purported rails-to-trails project in St. Petersburg, Florida, was met with skepticism from an Eleventh Circuit panel Thursday that seemed to doubt the railway's claimed limits on the board's authority.

  • February 26, 2026

    Biz Owner Gets £2M Tax Evasion Penalty Tossed As Unfair

    A company owner isn't liable for a nearly £2 million ($2.7 million) civil tax evasion penalty because HM Revenue & Customs didn't raise its claims of dishonesty by the owner in a prior proceeding it relied on later, a London court said Thursday.

  • February 26, 2026

    5th Circ. Affirms FDA's Vape Rule Despite Small Biz Concerns

    The Fifth Circuit on Thursday affirmed that the U.S. Food and Drug Administration complied with the law when it promulgated a new rule requiring companies seeking premarket authorization of new tobacco products to investigate the product's health effects.

  • February 26, 2026

    India Looks To Nix $156M Deutsche Telekom Award Suit

    India is urging a D.C. federal court not to enforce a nearly $156 million arbitral award issued to Deutsche Telekom AG over a nixed satellite lease and telecommunications deal, arguing that it never agreed to arbitrate this type of dispute and that the deal was nixed over "essential security" issues.

  • February 26, 2026

    11th Circ. Axes ATM Co.'s Latest Bid To Revive Patent Dispute

    The Eleventh Circuit ended an ATM technology company's attempt to relitigate a patent infringement suit against a competitor, ruling Thursday that the claims are barred because they could have been brought up in a previous suit.

  • February 26, 2026

    NYC Officials Urge 2nd Circ. Not To Block Pot Enforcement

    New York City officials are asking the Second Circuit to deny a bid from two business owners to block enforcement of the city's cannabis laws against their club while they appeal a lower court decision, saying they don't have standing to seek the injunction.

Expert Analysis

  • 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.

  • 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.

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