Appellate

  • July 06, 2026

    New Mortgage Triggered Notice Clause In Dog Track Loan

    Massachusetts' intermediate appellate court on Monday revived a private lender's breach of contract claims against the former owners of the Wonderland greyhound racing track, ordering a lower court to enter judgment in his favor.

  • July 06, 2026

    6th Circ. Affirms Late Forfeiture Order Despite Court Blunder

    A Sixth Circuit panel has upheld a Kentucky federal court's order requiring a veteran convicted of stealing government funds to forfeit more than $108,000, even though the lower court did not impose forfeiture until months after the sentencing hearing.

  • July 06, 2026

    Murdaugh Fights Clerk's Bid To Ax Jury-Tampering Suit

    A former court clerk found to have interfered in Alex Murdaugh's murder trial cannot escape civil claims over the tampering, the disgraced attorney told a South Carolina federal court, stating in an opposition that the clerk cannot argue her way out of the state Supreme Court's finding that she tampered with the jury.

  • July 06, 2026

    DHS Seeks To Pause Block On Voter Database Expansion

    The U.S. Department of Homeland Security is asking a D.C. federal judge to pause a ruling blocking its expansion of a database that allows states to screen voters while it appeals to the D.C. Circuit.

  • July 06, 2026

    Death Photo Privacy Ruling Failed To Clarify Law, Experts Say

    Recently, the Third Circuit ruled that a police officer sharing a photo of a man who leaped to his death, while "deplorable," did not violate the family's constitutional right to privacy — a ruling that some experts say was an exercise in hair-splitting and a missed opportunity to clarify an important area of law.

  • July 06, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week handled disputes involving arbitration, corporate control, advancement rights, freeze-out mergers and insolvent company wind-downs.

  • July 06, 2026

    Top Florida News: 2026 Midyear Report

    The first half of 2026 brought long-awaited rulings providing clarity on the punitive damages pleading standard in Florida and the extent of a law allowing U.S. victims of Cuban property seizures to seek damages, as well as a high-profile guilty verdict in a rare foreign agent criminal trial. Here, Law360 looks at these and other notable developments from Florida so far this year.

  • July 06, 2026

    International Trade Policy To Watch In 2nd Half Of 2026

    President Donald Trump's trade strategy continues to disrupt business planning as importers await new U.S. tariffs to mitigate, monitor litigation involving refunds for illegal duties paid and prepare for increased risks of enforcement and unforeseen cost hikes in the second half of 2026. Here, Law360 examines the international trade policy matters to watch for the rest of the year.

  • July 02, 2026

    The Sharpest Dissents From The Supreme Court Term

    The sharpest dissents this term often involved the president, and pitted conservative and liberal justices against each other on core constitutional issues and questions about the limits to executive power, with nearly a quarter of cases being decided squarely along ideological lines.

  • July 02, 2026

    The Firms That Won Big At The Supreme Court

    This U.S. Supreme Court term featured high-stakes oral arguments on issues including presidential power, immigration and voting regulations. Here's a look at the law firms that argued the most cases and how they fared.

  • July 02, 2026

    The Year Donald Trump Won Big At The High Court

    The Supreme Court's conservative supermajority and President Donald Trump largely aligned this year on issues of executive power, resulting in a series of decisions that significantly expanded presidential authority.

  • July 04, 2026

    Push And Pull: How High Court Shaped Civil Rights This Term

    The U.S. Supreme Court delivered far-reaching rulings on civil rights issues this term, dealing a major blow to federal voting-rights protections while expanding gun rights, upholding restrictions on transgender athletes' participation in women's sports and preserving birthright citizenship.

  • July 02, 2026

    9th Circ. Backs LA-Area Gas Appliance Nitrogen Oxide Ban

    The Ninth Circuit Thursday upheld a ban on the use of certain nitrogen oxide-emitting appliances in four Southern California counties, rejecting claims that the pollution control effort is preempted by federal law, as a dissenting judge contended this conclusion runs afoul of the court's own recent precedent.

  • July 02, 2026

    Fed Nears CRA Rule Repeal As FDIC, OCC Exit 5th Circ. Fight

    Federal regulators plan to take different legal approaches to completing their previously joint effort to unwind Biden-era updates to decades-old community reinvestment rules for banks, according to two filings at the Fifth Circuit.

  • July 02, 2026

    Amgen, Sanofi Team Up To Urge En Banc Antibody IP Review

    Rival pharmaceutical companies that squared off at the U.S. Supreme Court over antibody patents have jointly asked the full Federal Circuit to review an unrelated panel decision reviving migraine drug antibody patents.

  • July 02, 2026

    6th Circ. Won't Rethink NLRB Injunction Standard Shift

    The Sixth Circuit is standing by its decision to make it more difficult for National Labor Relations Board officials to win injunctions compelling employers to bargain, rejecting on Thursday an agency official's petition for a rehearing.

  • July 02, 2026

    4th Circ. Says Fired CIA Officers Must Be Allowed To Appeal

    A split Fourth Circuit panel on Thursday affirmed an order requiring the CIA and Office of the Director of National Intelligence to allow intelligence officers who were fired for their involvement with DEI and accessibility-related assignments to appeal their terminations. 

  • July 02, 2026

    Crypto Developer Urges 5th Circ. To Revive DOJ Challenge

    A cryptocurrency software developer is urging the Fifth Circuit to revive a suit seeking to shield his forthcoming project from any accusations of unlicensed money transmission, telling the appeals court that a Texas federal judge "overly discounted" similar prosecutions when it tossed his challenge for lack of standing.

  • July 02, 2026

    8th Circ. Revives Local Conversion Therapy Ban Challenge

    The Eighth Circuit revived a case Thursday challenging local ordinances passed in Kansas City and Jackson County, Missouri, that prohibited the practice of conversion therapy, as it is commonly known, with minors.

  • July 02, 2026

    7th Circ. Says Immigration Addendums Make Its Job Harder

    The Seventh Circuit criticized a practice by immigration judges in which they attach boilerplate legal citations instead of citing them in the decisions themselves, saying it makes appellate review more difficult, but declined to reject the practice.

  • July 02, 2026

    DC Circ. Told FCC Trying To 'Evade' News Distortion Scrutiny

    A media advocacy group Thursday again pushed its bid to convince the D.C. Circuit to force the Federal Communications Commission to revisit the agency's controversial news distortion policy.

  • July 02, 2026

    Pa. Justices To Hear Jarkesy-Like Appeal Of Securities Fine

    The Pennsylvania Supreme Court has agreed to hear a case challenging the constitutionality of the state's in-house securities enforcement proceedings, joining at least two other state supreme courts that have agreed to hear similar challenges since the U.S. Supreme Court handed down its Jarkesy decision that limited in-house enforcement at the U.S. Securities and Exchange Commission. 

  • July 02, 2026

    Streamer's Reaction Video Is Fair Use, Judge Finds

    A Central California federal judge has tossed a YouTube creator's copyright suit over a Twitch streamer's livestreamed reaction to a YouTube documentary, saying the commentary counted as fair use.

  • July 02, 2026

    Cox, Hikma Rulings Set Stage For Trademark Liability Fights

    After the U.S. Supreme Court narrowed paths to secondary liability in copyright and patent cases this term, trademark law stands apart with an older, potentially broader rule for when intermediaries can be held liable for another party's infringement.

  • July 02, 2026

    Fed. Circ. Rules Contractor's Eligibility Challenge Is Moot

    A Federal Circuit panel ruled Thursday that a contractor's challenge to the U.S. State Department's determination that it wasn't eligible to compete for an award to construct a new consulate in Turkey is moot, since the project was canceled.  

Expert Analysis

  • How Justices' Habeas Ruling Limits Compassionate Release

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    The U.S. Supreme Court's recent holding in Fernandez v. U.S. that a federal prisoner who challenges their conviction's validity must do so through habeas, not compassionate release, considerably narrows the universe of arguments that can support a sentence reduction, says attorney Elizabeth Franklin-Best.

  • The Banking Issue Hiding In Justices' Freight Broker Ruling

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    While the U.S. Supreme Court’s recent liability preemption ruling in Montgomery v. Caribe Transport was front-page news for the transportation industry, the banking industry seems to have missed that the decision exposes freight broker lenders to credit, documentation and litigation issues, say attorneys at Barack Ferrazzano.

  • Insurance Ruling Extends NY Bad Faith To 3rd-Party Coverage

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    In Renergy v. Mt. Hawley Insurance, a New York federal court recently granted a policyholder leave to amend its complaint to clarify a bad faith claims handling cause of action, confirming, after nearly 20 years, that bad faith damages are available in the third-party liability context, say attorneys at Barnes & Thornburg.

  • Opinion

    Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

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    A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

  • Fed. Circ. Clarifies Standard For Contesting CICA Overrides

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    The Federal Circuit's recent holding in Life Science Logistics strengthens the hand of protesters facing an override of the Competition in Contracting Act stay, and a Court of Federal Claims decision the same day demonstrates that how a protester frames its requested relief remains critically important, says Richard Arnholt at Bass Berry.

  • The Paradoxical Duty To Adopt AI When You Can't Bill For It

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    Both billing for hours saved using artificial intelligence and preserving billable time by not adopting AI may violate rules of professional conduct, but until bar associations' ethics rules catch up to this emerging economic dilemma, firms must decide how to adjust fee structures themselves, says Ines Lassalle at Peyrot & Associates.

  • 4 Emerging Limits Of Employer Mental Health Notice Defense

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    A California appeals court's recent decision in Husband v. Target, addressing when an employer knows about an employee's undisclosed disability, leaves open questions about how changes in mental health awareness and workforce monitoring tools may raise the bar for what employers can claim not to know, says Benjamin Heller at RFZ Law.

  • Raptors Ruling Shows Risks Of Calif. Enviro Suit Intervention

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    Intervention in California environmental litigation can allow businesses to help defend agency approvals, but after a state appeals court's recent ruling in Raptors Are the Solution v. CropLife America, it is clear that intervention also carries a price — and that courts will hold parties accountable for the full arc of their litigation conduct, says Thierry Montoya at FBT Gibbons.

  • A Decade Later, Escobar Is Still Shaping FCA Cases

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    The U.S. Supreme Court's decision 10 years ago in Universal Health Services v. U.S. ex rel. Escobar changed the way in which lower courts evaluate False Claims Act cases — and the ruling remains vital in nearly every FCA case filed today, say attorneys at Bradley Arant.

  • Sripetch May Prove To Be An Empty Victory For The SEC

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    The U.S. Supreme Court's recent decision in Sripetch v. U.S. Securities and Exchange Commission held that the SEC need not prove pecuniary harm for disgorgement, but if the commission must still identify victims and distribute funds in a compensatory way, it faces the same economic problem as before the ruling, says Erin Smith at Compass Lexecon.

  • 9th Circ. Cooler Ruling Chills 1st Mover Lanham Act Claims

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    The Ninth Circuit's recent decision in Vericool World v. Igloo Products that Vericool's claim of being first-to-market with an ecocooler was not actionable under the Lanham Act largely foreclosed false advertising litigation over first mover status, so potential plaintiffs should instead look to patent counseling or intellectual property strategy for these claims, say attorneys at Manatt.

  • Mapping 5 Fronts Of The Prediction Markets Regulatory Battle

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    The legal framework governing prediction markets is under simultaneous challenge in five independent areas, and the outcomes will determine not just who can operate prediction markets, but the compliance obligations of every participant in the ecosystem, says Ivor Wolk at Manatt.

  • Patent Ruling Highlights Risks Of Late Inventorship Fixes

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    The Federal Circuit's recent decision in Implicit v. Sonos demonstrates the risk of forfeiture with retroactive correction of inventorship in inter partes review proceedings, with a clear message to the patent community that potential inventorship issues should be considered at every stage of a patent's life cycle, say attorneys at BCLP.

  • Adjusting IPR Tactics As Google Fights 'Settled Expectations'

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    Google’s petition for the U.S. Supreme Court to scrutinize the Patent Trial and Appeal Board's so-called settled expectations practice underscores why accused infringers facing older asserted patents should treat discretionary denial as a case-dispositive risk from day one, says attorney Abdul Abdullahi.

  • 3 Misconceptions About Justices' FCC Fines Ruling

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    The U.S. Supreme Court's June 4 Federal Communications Commission v. AT&T decision rejecting AT&T’s and Verizon’s argument that the commission's forfeiture process violates the Seventh Amendment has yielded three common reactions that misunderstand the decision as a matter of law and how the FCC actually operates, says Samuel Feder at Jenner & Block.

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