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January 02, 2026
5 Policy Areas Benefits Attys Should Keep Tabs On In 2026
The new year promises policy shifts that could change the legal landscape for health and retirement benefits, including action to follow through on an executive order encouraging alternative assets in 401(k) plans, and a potential replacement for a Biden-era rule covering how retirement plan managers can factor environmental and social issues into their investment strategy. Here are five policy areas benefits attorneys will be watching in 2026.
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January 02, 2026
Trade Secret Trends To Watch In 2026
The landscape of trade secret law could see significant developments in 2026 as courts address the aftermath of astronomical jury awards and navigate jurisdictional tensions surrounding the timing and specifics of trade secret disclosures in litigation.
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January 01, 2026
4 High Court Cases To Watch This Spring
The U.S. Supreme Court justices will return from the winter holidays to tackle several constitutional disputes that range from who is entitled to birthright citizenship to whether transgender individuals are entitled to heightened levels of protection from discrimination.
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January 01, 2026
Blue Slip Fight Looms Over Trump's 2026 Judicial Outlook
In 2025, President Donald Trump put 20 district and six circuit judges on the federal bench. In the year ahead, a fight over home state senators' ability to block district court picks could make it more difficult for him to match that record.
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January 01, 2026
BigLaw Leaders Tackle Growth, AI, Remote Work In New Year
Rapid business growth, cultural changes caused by remote work and generative AI are creating challenges and opportunities for law firm leaders going into the New Year. Here, seven top firm leaders share what’s running through their minds as they lie awake at night.
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December 23, 2025
Billionaire's Estate To Pay $750M To End Tax Fraud Case
The estate of late billionaire Robert Brockman, who died while awaiting a trial in the largest criminal tax fraud case against an individual in U.S. history, agreed Tuesday to pay roughly $750 million in back taxes and penalties, according to a filing in U.S. Tax Court.
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December 23, 2025
OCC Wants To Preempt State Mortgage Escrow Interest Laws
The Office of the Comptroller of the Currency has unveiled a pair of proposals aiming to, among other things, preempt state laws requiring banks it regulates to make interest payments for escrow accounts connected to certain types of residential mortgage loans, calling it a "critical tool for reducing unnecessary burden."
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December 23, 2025
Google Not A Common Carrier, Think Tanks Tell Ohio Judges
Right-leaning institutions are lining up behind Google before an Ohio appeals court to argue that the state is trying to "skirt the First Amendment" by fighting to have the internet titan classified as a common carrier and a lower court was right to rebuff the attempt.
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December 23, 2025
State Telecom Roundup: AGs Step Up War On Robocalls
Americans have been pummeled by more than 2.5 billion robocalls every month this year, and stanching the onslaught has become one of the more bipartisan issues in national politics. Federal and state authorities also agree on the magnitude of the issue, and the nation's attorneys general are teaming up for battle across the country at the state level.
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December 23, 2025
Blue Cross Seeks McDonald Hopkins' Fraud Warning Docs
Advice that McDonald Hopkins LLC gave a Florida hospital manager about potential exposure to criminal prosecution for healthcare fraud is neither privileged nor work product, and so should be handed over to a Blue Cross health insurer being sued for malicious prosecution in Georgia federal court, the insurer said.
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December 22, 2025
First Brands Can Access $60M In 'Trapped' Funds
A Texas bankruptcy judge said Monday that auto-parts maker First Brands Group can access about $60 million in cash held by customers or stuck in segregated accounts, while setting up a January hearing to handle the debtor's proposed process to reconcile $3 billion in third-party factoring agreements with pending invoices.
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December 22, 2025
21 AGs Support Gun Ban For Cannabis Users
A federal law that prohibits habitual drug users from possessing firearms is constitutional and necessary for public safety, a coalition of attorneys general from 20 states and Washington, D.C., told the U.S. Supreme Court, urging the justices to overturn a finding that the law violates the Second Amendment except when a user is actively intoxicated.
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December 22, 2025
6th Circ. Vacates Pharma Salesman's $6.8M Restitution Order
The Sixth Circuit vacated a nearly $7 million restitution order against a pharmaceutical salesman convicted of healthcare fraud, finding an Ohio federal court erred in calculating that amount and apportioning liability.
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December 22, 2025
Nationwide Gets Partial Early Win In 401(k) Class Action
An Ohio federal judge on Monday granted Nationwide Mutual Insurance Co. a quick win on some claims in a class action from employee 401(k) plan participants who alleged mismanagement, but directed the parties to prepare for a bench trial on other claims in the federal benefits lawsuit.
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December 22, 2025
Ex-Derailment Deal Admin Will Pay $17M To End Contempt Bid
The ousted administrator of Norfolk Southern's $600 million settlement over the derailment in East Palestine, Ohio, will pay $17.25 million to resolve claims that it mishandled the distribution of payouts, according to deal terms approved Monday.
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December 22, 2025
Mercedes Inks $150M Deal In Emissions Cheating Claims
Mercedes-Benz USA LLC and Mercedes-Benz Group AG have reached a nearly $150 million national settlement with state attorneys general amid allegations that they sold and leased vehicles equipped with devices capable of defeating emissions tests.
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December 19, 2025
Colo. Judge Rules Lumen's Claims Not Time-Barred
A Colorado federal judge ruled that Lumen Technologies' suit against a consulting firm isn't time-barred, dismissing the firm's bid for summary judgment after it was accused of being liable for a faulty structural analysis of a building Lumen wished to purchase in Miami.
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December 19, 2025
Top State & Local Tax Cases Of 2025
From a Colorado appellate court upholding a tax on Netflix subscriptions to Pennsylvania's high court finding the Pittsburgh fee on nonresident pro athletes unconstitutional, 2025 was a busy year for state and local tax cases. Here, Law360 looks at the most influential cases of 2025 and their impact going into the new year.
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December 19, 2025
Geico Agents Secure Some Discovery In Misclassification Suit
Geico must produce more information related to a retaliation claim and the authenticity and completeness of its retirement and welfare plans in a suit lodged by former agents alleging the insurer denied them benefits by misclassifying them as independent contractors, an Ohio federal judge ruled.
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December 18, 2025
Senate Package Includes US Attorney, DC Judge Confirmations
The Senate confirmed 13 U.S. attorneys and three local judges for the District of Columbia as part of a nominations package confirmed 53-43 along party lines on Thursday.
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December 18, 2025
FERC Orders PJM To Craft Data Center-Focused Grid Policies
The Federal Energy Regulatory Commission on Thursday took a step to tackle the electricity impacts of data center and artificial intelligence growth, ordering the nation's largest grid operator to create policies for co-locating large electricity users at power plants within its footprint.
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December 18, 2025
Split 6th Circ. Blocks Michigan's Ban On Conversion Therapy
A split Sixth Circuit panel ordered an injunction on Michigan's conversion therapy ban, ruling the law likely places an unconstitutional restriction on the First Amendment rights of a Catholic charitable organization and a therapist whose faith-based psychotherapy practices fall under the ban.
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December 18, 2025
Menards To Pay $4.25M To End 10 States' Deception Probe
Menards Inc. will pay $4.25 million to resolve 10 states' investigation into allegedly deceptive marketing tactics they say the Midwestern home-improvement giant used while advertising its merchandise credit check program.
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December 18, 2025
Dems Offer Bill To Shine Light On High Court 'Shadow Docket'
Democratic lawmakers have introduced a bill that would require the U.S. Supreme Court to explain its "shadow docket" rulings, criticizing the high court for issuing "harmful, backwards decisions" that "impact millions of Americans' lives" but are often unaccompanied by a formal opinion.
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December 17, 2025
20 States Back 10th Circ. Rehearing In Colo. Interest Rate Row
Utah has led a group of 20 states in backing a push by banking groups for a full Tenth Circuit rehearing of their challenge to a Colorado law intended to curb high-cost lending in the state, saying a recent panel decision upholding the law harms states' interests.
Expert Analysis
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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How 6th Circ. Ruling Deepens Split On Broker Liability
A growing divide in Federal Aviation Administration Authorization Act jurisprudence is ripe for U.S. Supreme Court review, after the Sixth Circuit last month found in Cox v. Total Quality Logistics that brokers can be held liable for negligent hiring, says Gregory Reed at Hanson Bridgett.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses key takeaways from federal appellate decisions involving topics including antitrust, immigration, consumer fraud, birthright citizenship under the Fourteenth Amendment, and product defects.
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Notable Q2 Updates In Insurance Class Actions
Vehicle valuation challenges regarding the use of projected sale adjustments continued apace in insurance class actions this quarter, where insurers have been scoring victories on class certification decisions in federal circuit courts, says Mathew Drocton at BakerHostetler.
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Series
Hiking Makes Me A Better Lawyer
On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.
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Series
Law School's Missed Lessons: Negotiation Skills
I took one negotiation course in law school, but most of the techniques I rely on today I learned in practice, where I've discovered that the process is less about tricks or tactics, and more about clarity, preparation and communication, says Grant Schrantz at Haug Barron.
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How Community Banks Can Limit Overdraft Class Action Risk
With community banks increasingly confronted with class actions claiming deceptive overdraft fees, local institutions should consider proactively revising their customer policies and agreements to limit their odds of facing costly and complicated consumer litigation, say attorneys at Jones Walker.
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Opinion
Bar Exam Reform Must Expand Beyond A Single Updated Test
Recently released information about the National Conference of Bar Examiners’ new NextGen Uniform Bar Exam highlights why a single test is not ideal for measuring newly licensed lawyers’ competency, demonstrating the need for collaborative development, implementation and reform processes, says Gregory Bordelon at Suffolk University.
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How States Are Regulating Health Insurers' AI Usage
The absence of a federal artificial intelligence framework positions states as key regulators of health insurers’ AI use, making it important for payors and service providers to understand the range of state AI legislation being passed in California and elsewhere, and consider implementing an AI-focused compliance infrastructure, say attorneys at Ropes & Gray.
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A Simple Way Courts Can Help Attys Avoid AI Hallucinations
As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.