Analysis

Congress' Limited Tariff Role May Persist After Justices Rule

By Dylan Moroses

The U.S. Supreme Court's ruling on President Donald Trump's emergency tariffs could leave the door open for Congress to play a larger role in trade policy heading into November's midterms, but that opportunity may pose few political incentives for lawmakers.

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9th Circ. Says Noem Can't 'Smuggle In' TPS Vacaturs

By Britain Eakin

The Ninth Circuit has ruled that Homeland Security Secretary Kristi Noem lacked the authority to vacate temporary protected status for Venezuela and Haiti, saying her attempt to do so flouts both Congress' design of the TPS statute and the law's language.

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Ex-Worker Says Goldstein Offered Crypto, Gifts As IRS Probed

By Jared Foretek

A former employee at Thomas Goldstein's law firm who resigned after the Internal Revenue Service began investigating the firm said that the SCOTUSblog founder suddenly began offering her bitcoin, payment from case settlements and potential student loan relief after federal agents visited the office.

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Attacks Haven't Killed Judiciary's AI Rule, May Strengthen It

By Jeff Overley

Federal judiciary advisers Thursday confronted the most extensive opposition yet in their campaign to ensure the reliability of evidence utilizing artificial intelligence, but the criticism appeared constructive, possibly upping the odds of a digital age addition to U.S. court rules.

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Wilcox's NLRB Firing Won't Be Reconsidered By DC Circ.

By Emily Brill

Former National Labor Relations Board member Gwynne Wilcox's challenge to her firing has hit another wall, with the full D.C. Circuit saying it won't reconsider a panel's decision to drop her lawsuit seeking reinstatement.

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4th Circ. Wary Of Kicking Up 'Sandstorm' On Deferred Comp.

By Kellie Mejdrich

The Fourth Circuit appeared reluctant Thursday to revive a proposed class action brought against Bank of America and Merrill by an ex-financial adviser who said he was shorted deferred compensation, as judges questioned whether federal benefits law applied to payments that looked like bonuses.

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Landmark Divestiture Order Scrutinized By 4th Circ. Again

By Matthew Perlman

A Fourth Circuit panel questioned whether door manufacturer Steves and Sons Inc. needs to prove its case all over again to save a landmark order requiring its rival Jeld-Wen to unload a Pennsylvania factory during Thursday's oral argument on a bid to vacate the ruling.

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Law360 Seeks Members For Its 2026 Editorial Boards

Law360 is looking for avid readers of our publications to serve as members of our 2026 editorial advisory boards.

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Legal Group Tells Justices Pot User Gun Ban Unconstitutional

By Mike Curley

Libertarian group Liberty Justice Center is urging the U.S. Supreme Court to uphold a Fifth Circuit ruling that found disarming a cannabis user based solely on that use is unconstitutional, saying it's not consistent with historical analogues barring "dangerous" people from owning guns.

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DC Circ. Urged To Revive PJM Watchdog's Access Fight

By Keith Goldberg

The electricity market watchdog for PJM Interconnection on Thursday urged the D.C. Circuit to reconsider its dismissal of its lawsuit over the Federal Energy Regulatory Commission denying it access to certain committee meetings held by the regional grid operator.

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Analysis

3 Fed. Circ. Clashes To Watch In February

By Ryan Davis

The Federal Circuit's argument calendar for next month includes the latest round of the patent slugfest between VLSI Technology and Intel Corp. as well as a patent owner's bid to escape a ruling that it must pay $4 million in attorney fees for a "baseless" suit against EMC Corp.

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Fed. Circ. Won't Revive Streaming IP Suit Against Hulu

By Dani Kass

A California federal judge was right to free Hulu LLC from allegations that it infringed Sound View Innovations LLC's streaming patent, the Federal Circuit determined Thursday.

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Full 1st Circ. To Review Cop's Suspension For Facebook Post

By Carolyn Muyskens

The full First Circuit has agreed to review a Massachusetts police officer's suspension for making disparaging comments about George Floyd on a personal Facebook page, setting aside an opinion in the police department's favor and teeing up an appeal focused on the speech rights of government employees.

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2nd Circ. Backs Rental Assistance, Medicaid Fraud Conviction

By Isaac Monterose

The Second Circuit has upheld the conviction of a New York City man who was sentenced to 70 months in prison for running a more than $1.8 million rental assistance and Medicaid fraud scheme.

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Conn. Drug Price Cap Survives Distributor Challenge, For Now

By Aaron Keller

The Second Circuit has declined a bid to immediately block the state of Connecticut from enforcing a cap on generic and off-patent drug prices while the Healthcare Distribution Alliance, a collection of wholesale distributors, challenges the new law.

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Fed's Master Account Stance Goes Too Far, 2nd Circ. Told

By Jon Hill

The Federal Reserve's claim of broad discretion to cut financial institutions off from master accounts could turn these U.S. payment system gateways into potential tools of partisan warfare, an attorney for a Puerto Rico bank told a Second Circuit panel Thursday.

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NC Vape Sale Limits Face Preemption Test At 4th Circ.

By Abigail Harrison

Counsel for vape manufacturers and sellers implored the Fourth Circuit Thursday to agree with an interpretation of the federal Food, Drug, and Cosmetic Act that would preempt a new North Carolina law that regulates and prohibits the sale of certain e-cigarette or "vape" products.

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4th Circ. Told EPA's W.Va. Haze Approval Broke Law

By Elaine Briseño

Two environmental groups have urged the Fourth Circuit to vacate the U.S. Environmental Protection's approval of a regional air quality plan in West Virginia, arguing it allows power plants in the area to skirt required pollution controls.

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Vape Cos. Tell 4th Circ. Not To Stay Block On Va. Regs

By Mike Curley

A pair of vape companies is urging the Fourth Circuit not to issue a stay on an order blocking enforcement of a Virginia law prohibiting the sale of unapproved e-cigarettes, saying the district court correctly found that portions of the law were preempted by federal law.

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6th Circ. Tosses Black Flight Attendant's Race Bias Suit

By Grace Elletson

The Sixth Circuit declined Thursday to reinstate a Black Delta flight attendant's suit claiming she was disciplined out of racial bias following a verbal altercation with a colleague, ruling the airline acted fairly based on evidence that the flight attendant made an alleged threat during the incident.

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6th Circ. Backs Gov't In $125K Crypto Forfeiture Case

By Sydney Price

The Sixth Circuit has sided with the U.S. government in a suit over its rights to more than $100,000 in allegedly laundered cryptocurrency, ruling the previous receivers of the funds missed the deadline to bring a claim after the government seized the assets.

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Full 6th Circ. To Review Cert. In State Farm Vehicle Value Suit

By Hope Patti

The full Sixth Circuit agreed Thursday to review the certification of a class of approximately 90,000 State Farm policyholders in a suit claiming the insurer systematically undervalues totaled vehicles, setting aside a previous order affirming the certification.

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Nurse Fired In Pandemic-Era RIF Can't Reinstate Age Bias Suit

By Grace Elletson

The Sixth Circuit backed the dismissal of an age bias suit from a nurse who claimed a medical center used a COVID-19-related reduction in force as an excuse to fire her, ruling a supervisor calling one of her colleagues a "young star" wasn't linked to her termination.

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7th Circ. Mulls Army Motto's Protection In TM Retrial Bid

By Lauraann Wood

The Seventh Circuit seemed unsure Thursday whether it should grant a California-based T-shirt company relief from a trademark trial loss over its use of the phrase "This We'll Defend" on its products, questioning whether the phrase is too common to warrant protection under federal or common law.

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7th Circ. Questions Gov't Entering Nonprofit's ADA Fight

By Lauraann Wood

The Seventh Circuit seemed skeptical Thursday that it should allow the U.S. government to intervene in a discrimination lawsuit targeting an Illinois village's refusal to let a nonprofit organization open a substance abuse treatment facility within its borders.

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11th Circ. Says Harsher Penalty Justified In Robbery Case

By Parker Quinlan

The Eleventh Circuit on Thursday affirmed the application of a violent crime enhancement to a man's sentence for bank robbery, upholding a rule by the U.S. Sentencing Commission that a prior conviction for attempted robbery triggers the elevated punishments under federal law.

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11th Circ. Shields Deputy In Fatal Drunken-Driving Case

By Carolina Bolado

The Eleventh Circuit ruled Thursday that an off-duty sheriff's deputy who fled the scene after drunkenly crashing his patrol car into another vehicle and killing a man is entitled to qualified immunity on a civil rights claim, ruling the conduct did not clearly violate the Constitution even if it was egregious.

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Ga. Gov. Hopeful Wants 11th Circ.'s Take On Cash Limits

By Chart Riggall

Georgia Secretary of State and gubernatorial hopeful Brad Raffensperger said Wednesday he would ask the Eleventh Circuit to review a federal judge's decision from the day before shooting down yet another challenge to a state law allowing a rival in the race to rake in unlimited campaign cash.

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Ex-Steel Worker Tells 11th Circ. $0 OT Award Can't Stand

By Kelcey Caulder

A former worker asked the Eleventh Circuit Thursday to order a new trial in a suit accusing an Alabama steel mill of failing to fully compensate him for hours worked and overtime, arguing there was nothing to support the jury awarding him $0 in Fair Labor Standards Act damages.

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NY Appeals Court Vacates Guilty Plea In Attempted Rape Case

By Elizabeth Daley

A man who has served a more than 20-year prison term after he pled guilty to attempted rape in Manhattan had his sentence reversed Thursday, after a New York state appeals court found he was convinced to admit guilt on false pretense.

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No New Trial For Atty Who Sued For Nassar Scandal Work Pay

By Spencer Brewer

A former associate from a Houston-based law firm lost his request to revive his wage and hour suit stemming from purported missteps he made while working as a defense attorney for former Olympic gymnastics coaches Bela and Martha Karolyi following the Larry Nassar scandal, after a Texas appeals court said Thursday he neglected to preserve the alleged errors he challenged.

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Fla. Panel Orders New Trial Over Fleeing Witness Testimony

By Parker Quinlan

A Florida state appeals court has ruled that a man convicted of attempted murder should be given a new trial because he was not granted a one-day continuance to track down a key witness who fled the courthouse moments before his trial testimony was set to begin.

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Chicago White Sox Must Face José Abreu Mural Injury Suit

By Y. Peter Kang

An Illinois appeals court has revived a suit seeking to hold the Chicago White Sox liable for a stadium worker's injuries after she tripped on a life-sized José Abreu mural, saying a jury must decide whether the mural's wooden legs were an obvious hazard.

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Pa. High Court Orders New Hearing In Killing Of Police Officer

By Elizabeth Daley

Pennsylvania's highest court has ordered a new hearing in a murder case involving the 2001 death of a Pittsburgh-area police officer, finding in a reversal that a third party's claim that someone else had confessed to the crime constituted a newly discovered fact that should be considered for postconviction relief.

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NJ Justices Disbar Pa. Atty Over Client Theft Conviction

By Adrian Cruz

The New Jersey Supreme Court has agreed to prohibit a now-imprisoned Pennsylvania attorney from practicing law in the state, following a recommendation to disbar the man convicted for stealing around $90,000 from clients.

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NJ Justices Say Title IX Preempts Rutgers Union Contract

By George Woolston

A grievance procedure in a local union's collective negotiation agreement with Rutgers University is preempted by Title IX, the New Jersey Supreme Court said Thursday, reversing a lower court's decision that forced the university into post-termination arbitration over a custodian fired for sexual harassment.

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Wash. Panel Sides With Card Processor In Biz Tax Dispute

By Michael Nunes

A Washington appeals panel ruled Thursday that the state Department of Revenue owed a card payment processor a refund, as the agency wrongly included fees charged by issuing banks in the processor's gross income calculation.

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Boulder County Residents Lose Easement Appeal

By Zach Dupont

A Colorado Court of Appeals panel found Thursday in a ruling of first impression that adjacent property owners lack standing to challenge the termination of a conservation easement in a group of Boulder County landowners' appeal against the county.

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Atty Error On Medical Records Info Leads To New Abuse Trial

By Julie Manganis

A Massachusetts intermediate appellate court on Thursday found that a defense lawyer's failure to object to the admission of unredacted medical records that contained a mother's statements about the alleged sexual abuse of her child requires a new trial.

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Minn. County Appeals 3,000-Acre Land Trust Order At 8th Circ.

By Crystal Owens

A Minnesota county and two of its townships are appealing to the Eighth Circuit a lower court's order that dismissed a challenge to a U.S. Department of the Interior decision to take more than 3,000 acres into trust for the Mille Lacs Band of Ojibwe.

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Crowell & Moring Loses DC Appeal In $30M COVID Rent Dispute

By Isaac Monterose

The District of Columbia Court of Appeals on Thursday ruled against Crowell & Moring LLP's appeal for its $30 million rent dispute with a D.C. office landlord that refused to grant a coronavirus-related rent abatement.

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Justices' BDO Denial May Allow For Increased Auditor Liability

The Supreme Court's recent denial of certiorari in BDO v. New England Carpenters could lead to more actions filed against accounting firms, as it lets stand a 2024 Second Circuit ruling that provided a road map for pleading falsity with respect to audit certifications, says Dean Conway at Carlton Fields.

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False Ad Suit Shows Need For Clear, Conspicuous Disclosure

The Eleventh Circuit's recent false advertising decision in Federal Trade Commission v. Corpay reiterated the FTC's guidance imploring advertisers to ensure that any disclosures are clear and conspicuous to consumers, providing companies with numerous lessons about truthful advertising and highlighting some common disclosure pitfalls to avoid, says Michael Justus at Carlton Fields.

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Navigating Trade Secret Exceptions In Noncompete Bans

Recent and ongoing developments in the noncompete landscape, including a potential decision from the Tenth Circuit in Edwards Lifesciences v. Thompson, could offer tools for employers to bring noncompete agreements within trade secret exceptions amid an era of heightened employee mobility, say attorneys at Sullivan & Cromwell.

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Patent Eligibility Faces Widening Gap Between USPTO, Courts

The year 2026 opened with a profoundly altered Patent Act Section 101 ecosystem — the U.S. Patent and Trademark Office has pushed eligibility as far open as it can for artificial intelligence technologies, but the courts are not on the same page, say attorneys at Skadden.

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Series

Playing Tennis Makes Me A Better Lawyer

An instinct to turn pain into purpose meant frequent trips to the tennis court, where learning to move ahead one point at a time was a lesson that also applied to the steep learning curve of patent prosecution law, says Daniel Henry at Marshall Gerstein.

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FTC Warns 42 Law Firms Of DEI 'Anticompetitive Collusion'

By Sarah Jarvis

The Federal Trade Commission announced Friday that it has sent warning letters to 42 major law firms for their purported participation in an outside diversity, equity and inclusion program, alleging their participation could constitute anticompetitive collusion.

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Analysis

Real Estate Attys 'Not Going In Blind' Amid Data Center Boom

By Chris Villani

The explosion of artificial intelligence has created a sharp demand for new data centers with no signs of slowing down, posing challenges that have some real estate attorneys turning to well-worn playbooks from other industries.

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Susman Faces Suit After Ex-Client's Arbitration Loss

By Adam Lidgett

Susman Godfrey LLP and a litigation funding business were hit with a lawsuit in Texas state court by an Irish patent litigation business that is challenging the outcome of an arbitration proceeding putting it on the hook for more than $37.8 million.

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Attys Rip Judge-Shopping Sanctions As Bid To 'Rewrite' Rules

By Jake Maher

Two Alabama attorneys who were sanctioned for allegedly judge shopping in a civil rights case urged the Eleventh Circuit to toss the sanctions Friday, arguing the judges accusing them were seeking to "rewrite" the Federal Rules of Civil Procedure.

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Brief

Bill Regulating Attorney AI Use Passes California Senate

By Emily Sawicki

A proposed California law that would regulate attorneys and arbitrators' use of generative artificial intelligence statewide has headed to the Assembly after the state Senate unanimously approved the measure.

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Colo. Firm Hit With Proposed Class Action Over Data Breach

By Rachel Konieczny

A Colorado law firm failed to properly care for the personal information of clients and their customers and did not provide adequate notice of a February 2025 data breach, according to a proposed class action in state court.

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Litigation Funder Suit Against Janus Henderson Can Proceed

By Ryan Boysen

A lawsuit that claims a Janus Henderson Group subsidiary schemed to take over a mass torts litigation funder can go forward, after a Delaware Chancery Court judge ruled the funder's case was compelling enough to survive a motion to dismiss.

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House To Vote On Reform Of Court Nondisclosure Orders

By Courtney Bublé

Sen. Lindsey Graham, R-S.C., fumed at the House on Friday for trying to undo a provision that allows him and other senators investigated by special counsel Jack Smith to sue for damages and held up the government funding vote as a result. But a bill the House is poised to take up next week could alleviate some of his concerns.

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9th Circ. Says DOJ Can Withhold VW Grand Jury Records

By Emily Field

The Ninth Circuit on Friday held that the U.S. Department of Justice couldn't be forced to hand over about 6 million Volkswagen documents that were part of a Jones Day investigation into the automaker's 2015 emissions-cheating scandal, as the government obtained them through a grand jury subpoena.

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Analysis

The Message From Delaware Courts: Change Is Coming

By Jeff Montgomery

Delaware's Supreme Court delivered a reminder to the state's corporation law ecosystem recently with a reversal of a Court of Chancery decision invalidating a 7-year-old stockholder agreement that granted broad corporate powers to investment bank Moelis & Co.'s founder.

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Roundup

UK Litigation Roundup: Here's What You Missed In London

By Max Austin

This past week in London saw collapsed solar bonds company Rockfire Capital sue the Royal Bank of Scotland, e-ticket platform Eventbrite target the owners of Salford Red Devils rugby club over an alleged contract breach, and Scottish distiller William Grant & Sons square off against a former MP in a trademark tussle tied to its Glenfiddich whisky. 

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

When Minnesota-based companies publicly called for de-escalation after two fatal shootings by federal ICE agents, the nation saw how CEOs and their general counsel can step up amid controversy. And a new study shows that white collar offenders received more than half of all recent pardons. These are some of the stories in corporate legal news you may have missed in the past week.

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Law360's Legal Lions Of The Week

By Kevin Penton

Kellogg Hansen Todd Figel & Frederick PLLC leads this week's edition of Law360 Legal Lions, after a D.C. Circuit panel revived a lawsuit that accuses pharmaceutical companies of aiding a Hezbollah-linked militia's terrorism in Iraq.

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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