News & Analysis as of

Appellate Courts Supreme Court of the United States

Davis Wright Tremaine LLP

Supreme Court Schedules Argument in FCC CPNI Civil Forfeiture Cases

The U.S. Supreme Court will hear oral argument on April 21, 2026, in two consolidated cases that could significantly alter how and when the Federal Communications Commission (FCC)—and potentially other federal agencies—may...more

Bradley Arant Boult Cummings LLP

What Importers Need to Know as the Supreme Court Decides the Fate of IEEPA Tariffs

The U.S. Supreme Court is currently considering consolidated cases that will determine whether President Trump has authority under the International Emergency Economic Powers Act (IEEPA) to unilaterally impose tariffs....more

McDonnell Boehnen Hulbert & Berghoff LLP

Allen v. Cooper (4th Cir. 2026)

Dickens’s Bleak House has long stood as an exemplar for the perils of interminable litigation where no one benefits (except, perhaps, the lawyers; see Jarndyce v. Jarndyce). In a case already somewhat notorious for its...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Is Finality Still Useful in False Claims Act Litigation?

All of us were treated recently to the latest statistics from the Department of Justice for 2025. By all accounts it was a record year for both the Department of Justice and relators, over $6.8 billion in total recoveries,...more

Ballard Spahr LLP

Website Tracking in Limbo: SCOTUS to Clarify Video Privacy Protection Act as California Privacy Law Remains a “Total Mess”

Ballard Spahr LLP on

A sharp contrast in the speed of obtaining appellate review is emerging between two key privacy statutes. While the U.S. Supreme Court is set to resolve a circuit split over the Video Privacy Protection Act (VPPA), litigants...more

Troutman Pepper Locke

Circuit Split Emerges on State Marijuana Residency Rules, With Ninth Circuit Finding Dormant Commerce Clause Inapplicable

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In January, the U.S. Court of Appeals for the Ninth Circuit ruled 3-0 that the Dormant Commerce Clause does not prohibit states from imposing residency requirements for obtaining marijuana business licenses. The court found...more

Robinson & Cole LLP

Legal Update: The Status of the NLRB - New Year, New Uncertainty?

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In the past, a new presidential administration meant the beginning of a series of National Labor Relations Board (NLRB or Board) decisions that overruled prior precedents. While the White House flipped in January 2025, the...more

Nelson Mullins Riley & Scarborough LLP

The U.S. Supreme Court Rejects the Opportunity to Overturn McDonnell Douglas

Last month, the U.S. Supreme Court declined to visit the legal soundness of McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), a seminal decision that has outlined the burdens of proof in employment discrimination cases,...more

Parker Poe Adams & Bernstein LLP

Who Counts as a "Consumer"? Supreme Court Set to Decide Key Privacy Law Question

In a move that could reshape privacy law nationwide, the U.S. Supreme Court announced on January 26, 2026, that it will take up a challenge to the Sixth Circuit’s recent decision affirming the dismissal of a case under the...more

Bradley Arant Boult Cummings LLP

Supreme Court Holds That Restitution Is a Criminal Penalty; Decision Portends New Constitutional Arguments

On January 20, 2026, in Ellingburg v. United States, 607 U.S. ____ (2026), the Supreme Court considered whether the Ex Post Facto Clause applies to the Mandatory Victim Restitution Act (MVRA), the statutory basis for most...more

Ropes & Gray LLP

Supreme Court to Consider the Video Privacy Protection Act

Ropes & Gray LLP on

Last week, the U.S. Supreme Court agreed to hear a case that is expected to resolve a long-developing split among federal courts of appeals over the scope of the Video Privacy Protection Act of 1988 (“VPPA”), 18 U.S.C. §...more

Proskauer - Labor Relations Update

Denied: Full D.C. Circuit Declines To Review Former NLRB Member Wilcox’s Suit Challenging Her Termination

On January 28, 2026, the D.C. Circuit declined former National Labor Relations Board (“NLRB” or “Board”) member Gwynne Wilcox’s request for en banc review of its prior decision upholding her termination...more

Baker Botts L.L.P.

Supreme Court to Resolve Circuit Split Regarding the SEC’s Authority to Seek Disgorgement

Baker Botts L.L.P. on

On January 9, 2026, the U.S. Supreme Court granted a writ of certiorari in SEC v. Sripetch, 154 F.4th 980 (9th Cir. 2025) to resolve a Circuit split concerning what the U.S. Securities and Exchange Commission (“SEC”) must...more

Miller Canfield

'Void' Judgments Are Not Void After All

Miller Canfield on

Supreme Court decisions regarding bankruptcy cases usually affect only bankruptcy litigation, but the recent decision in Coney Island Auto Parts Unlimited, Inc. vs. Burton alters the landscape for all federal litigation. ...more

Herbert Smith Freehills Kramer

US Corporate Governance: 2025 Year-End Review

As the new year takes shape, we look back at major changes in corporate governance law over the second half of 2025 as a harbinger of developments to come. We first describe four cases before the Supreme Court that may...more

Jenner & Block

Supreme Court Declines Review in Percipient.ai, Leaving Bid Protest Interested Party Status Unchanged

Jenner & Block on

On January 12, 2026, the US Supreme Court denied Percipient.ai, Inc.’s petition for a writ of certiorari, ending a closely watched case that tested the boundaries of bid protest standing at the Court of Federal Claims. The...more

Hicks Johnson

2026 Appellate Outlook: What We’re Watching in Texas and Federal Courts — and Why It Matters for Business

Hicks Johnson on

Appellate developments rarely arrive with a single headline. More often, they show up as procedural changes, new decision-makers, and shifting court workloads — changes that quietly reshape risk, leverage, cost, and outcomes...more

King & Spalding

Supreme Court Nixes Sixth Circuit Decision on Abortion Referral Requirement for Title X Grants

King & Spalding on

On January 20, 2026, the Supreme Court issued an order vacating the decision of the United States Court of Appeals for the Sixth Circuit in Tennessee v. Becerra, 131 F.4th 350 (6th Cir. 2025). The case involved the State of...more

Mintz - Energy & Sustainability Viewpoints

Sustainable Energy & Infrastructure Litigation Updates — February 2026

On January 9, 2026, the Ninth Circuit Court of Appeals held oral argument on the Chamber of Commerce’s challenge to California’s mandatory climate disclosure laws. These laws had been upheld by the Federal District Court, but...more

DLA Piper

Supreme Court To Decide ERISA 401(k) Pleading Standard In Anderson v. Intel Corp.

DLA Piper on

The United States Supreme Court has agreed to hear an appeal from former Intel Corporation employees who are challenging dismissal of their breach of fiduciary duty claims brought under the Employee Retirement Income Security...more

Jackson Lewis P.C.

Top Five Labor Law Developments of 2025

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1. The National Labor Relations Board lacked the three-member quorum required to issue decisions for the majority of 2025. Board vacancies, delayed confirmations, and ongoing litigation over Board composition limited the...more

Cooley LLP

SEC in the Courts: SCOTUS to Review Disgorgement Powers (Again), District Court Upholds Follow-On Administrative Proceedings

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2026 is off to a rousing start for the US Securities and Exchange Commission (SEC), with two notable developments related to the agency’s civil enforcement authority....more

WilmerHale

US Supreme Court to Define Who Can Sue Under the Video Privacy Protection Act

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On Monday, January 26, the US Supreme Court agreed to take up a case about the breadth of the Video Privacy Protection Act (VPPA). That federal statute prohibits a “video tape service provider” from “knowingly disclos[ing]”...more

Baker Botts L.L.P.

Supreme Court to Take on Definition of "Consumer" Under VPPA

Baker Botts L.L.P. on

On January 26, 2026, the Supreme Court granted the petition in Salazar v. Paramount Global (Case No. 25-459) to address “[w]hether the phrase ‘goods or services from a video tape service provider,’ as used in the [Video...more

DLA Piper

Supreme Court to Clarify Meaning of “Consumer” Under VPPA

DLA Piper on

On January 26, 2026, the U.S. Supreme Court granted certiorari in Salazar v. Paramount Global to clarify the scope of the Video Privacy Protection Act (“VPPA”) and resolve a circuit split on the issue. See Salazar v....more

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