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A few far-reaching topics will dominate the appellate practice in 2026, attorneys predict, as appeals courts navigate an ever-growing thicket of Trump administration litigation and thorny questions involving artificial intelligence.
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.
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.
An ex-assistant U.S. attorney and two other former Justice Department employees urged a Washington, D.C., federal court on Tuesday to deny the government's motion to dismiss their lawsuit claiming they were unlawfully fired, arguing an internal government employment board isn't appropriate for their cases and is controlled by President Donald Trump.
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.
New Jersey courts saw some history-making litigation come to a close over the course of 2025, including the largest environmental settlement ever achieved by a single state and the first clergy abuse trial verdict since the statute of limitations on child sexual abuse claims was extended. Another notable development was the state's federal bench exercising a rarely used authority to reject President Donald Trump's pick for interim U.S. attorney.
A number of high-profile cases in 2025 found judges taking on the role of criminal defendants over a wide range of allegations, from murder and sexual assault to corruption and interfering with an ICE arrest.
The U.S. Supreme Court ruled Tuesday that the Trump administration cannot deploy National Guard troops into Chicago to aid federal immigration enforcement, saying President Donald Trump didn't show he was permitted to federalize the National Guard under a statute he had relied on.
When news broke this month that former special counsel Jack Smith planned to open a new boutique law firm, it underscored a bigger trend: All year long, elite small firms have proliferated as many federal lawyers left government service and some disaffected attorneys left BigLaw jobs.
The Colorado Supreme Court is set to begin next month the process of selecting a new justice to replace Justice Melissa Hart following her retirement announcement earlier this month, the Colorado Judicial Branch said in a press release Tuesday.
The federal judge who oversaw the criminal case against President Donald Trump over his handling of classified documents at Mar-a-Lago blocked the release Monday of the final report from former special counsel Jack Smith.
Former CIA Director John Brennan's attorneys asked the chief judge for the Southern District of Florida on Monday to block prosecutors from trying to steer any potential charges against him for investigating Russia's 2016 election interference to U.S. District Judge Aileen Cannon's courtroom.
A California attorney has pushed back on opposition from California's attorney general and the state's bar association amid his efforts to block enforcement of a ban on fee sharing with out-of-state law firms owned by nonattorneys, arguing the new state law is a "protectionist act, in defiance of the constitution."
The New Jersey Senate confirmed the acting Warren County Prosecutor for the full prosecutor's role as well as approving nearly 20 new Superior Court judges Monday.
A retired prosecutor who protested Skadden Arps Slate Meagher & Flom LLP's deal with the Trump administration has sued New York City and others in federal court, alleging that his First Amendment rights were violated when he was arrested outside the BigLaw firm's headquarters in Manhattan.
This year, judges across the country grappled with attorneys' use and misuse of generative artificial intelligence, and prominent federal prosecutor battles dominated headlines in some of the top legal ethics matters of 2025.
The Trump administration is not waging an intimidation campaign against U.S. law firms, the government said Friday, calling an American Bar Association lawsuit challenging its alleged "law firm intimidation policy" as total speculation that must be dismissed due to lack of standing.
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.
The U.S. Department of Justice indicated Friday that it will appeal the dismissals of headline-grabbing indictments of former FBI Director James Comey and New York Attorney General Letitia James, after a federal judge ruled the controversial prosecutor handling both cases was not properly appointed.
Federal prosecutors are urging the Fourth Circuit not to give "a do-over" to a medical malpractice attorney who was convicted of attempting to extort the University of Maryland Medical System out of $25 million and who says his self-representation at trial was not competent.
The conviction of a Wisconsin state judge for obstructing ICE officers is just the start of what will likely be a long legal battle, with major questions over judicial immunity, the evidence at hand and the meaning of "corrupt" yet to be decided.
An Illinois federal judge has refused to order a new trial or alter a roughly $2.6 million damages award after a jury sided with three former employees of the Lake County Circuit Court Clerk's Office who claimed they were fired by the new clerk for campaigning for the incumbent she defeated in the 2016 election.
A nonprofit's unusual plan to make a mass pardon request directly to the Trump administration highlights burgeoning optimism among white collar defendants about their chances of securing relief, and a recognition that the clearest path to clemency no longer runs through the traditional channels.
A Manhattan federal judge sentenced a disbarred California lawyer to 18 months in prison Friday for scheming to reap $4 million in advance fees for bogus letters of credit while holding himself out as chief of compliance for a fake bank.
The conservative litigation group America First Legal Foundation cannot demand documents from the federal Judicial Conference of the U.S. and the Administrative Office of the U.S. Courts under the Freedom of Information Act because they are not executive agencies, a D.C. federal judge ruled Thursday.
Nonequity partners report the lowest satisfaction, highest stress and poorest financial outlook of any group of lawyers, highlighting a growing structural disconnect that leaves attorneys at many firms feeling like the ladder has been pulled up behind those who already ascended, says Jake Carroll at Nelson Mullins.
Understanding where colleagues in other practice areas shine can help attorneys confidently cross-sell each other's services and bring in business to keep the firm afloat in hard times, says Joe Calve at Calve Communications.
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Biz Development Tip Of The Month: Advertise Ethically
Business development in the legal industry is about building authentic connections and showcasing expertise in a way that reflects reality, and, when done right, it can elevate a practice, establish credibility and bring in clients without risking an ethics violation, says Melody Jackson at Robinhood.
Molly Ranns at the State Bar of Michigan suggests five ways to smooth a colleague's return to practice after short-term mental health leave, while creating a firm culture that protects employees’ emotional health.
Amid a rapidly changing regulatory environment and a fierce market for talent, companies hoping to attract the best chief legal officers must have a strong grasp of their roles’ biggest selling points, and any roadblocks that may prevent them from recruiting the strongest choice, says Heather Fine at Major Lindsey.
As law firms increasingly use certain financial incentives to retain partners in a fierce lateral market, managing partners should consider the pros and cons of various deferred compensation schemes, says Tom Hanlon at Buchanan Law.
Many lawyers assume that becoming a rainmaker requires a significant investment of time and effort, but the truth is that building a consistent habit of business development can start with just 10 minutes of strategic outreach a day, says Paul Manuele at PR Manuele Consulting.
Certain law firm decisions — such as whether to challenge an executive order — cannot be crowdsourced, but leadership can collaboratively communicate these choices using strategies that build trust, reinforce values and preserve cohesion, says John Hellerman at Hellerman Communications.
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Biz Development Tip Of The Month: Create A Succession Plan
Conversations around retirement and succession can be understandably difficult, but when attorneys make a plan for the transition early and effectively, they have the opportunity to not only keep work but also increase it, says Jillian McKenna at Verrill Dana.
In recent years, top-tier law firms have pushed hourly rates to unprecedented heights, with some partners commanding $3,000 per hour — but this eye-popping number doesn’t tell the full story, as there are numerous caveats and rigorous winnowing along the way, says Christopher Seck at Squire Patton.
President Donald Trump’s invocation of the Alien Enemies Act to deport Venezuelan nationals raises fundamental questions about statutory interpretation, executive power and constitutional structure, which now lay on the U.S. Supreme Court's doorstep, says Mauni Jalali at Quinn Emanuel.
Law firms that successfully manage two-tiered partnership do so by creating a culture that treats everyone with respect and by establishing financial incentives outside their base compensation to reward performance, says Carol Morganstern at Major Lindsey.
A dissent refuting the U.S. Supreme Court’s recent order directing the U.S. Agency for International Development to pay $2 billion in frozen foreign aid argued that claims relating to already-completed government contract work belong in the U.S. Court of Federal Claims – answering an important question, but with a debatable conclusion, says Steven Gordon at Holland & Knight.
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Biz Development Tip Of The Month: Leverage Your Atty Bio
If maintained properly, your firm bio can help attract potential clients and create authentic connections, so it's crucial to take steps to write an updated attorney profile that goes beyond a list of credentials, says Raychel Lean at Reputation Ink.
Eran Kahana at Maslon discusses how partners can encourage responsible use of artificial intelligence tools within their firms by learning to spot pitfalls common to AI-generated work product and championing firmwide procedures and trainings that address the risks of uncritically relying on this powerful but imperfect technology.