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Tech and innovations will simultaneously improve and destabilize the legal industry in a way that is expected to transform the business permanently.
The U.S. Department of Justice in 2026 may continue to face unusual probes from judges skeptical of applying the long-held principle that the government tells the truth about its actions and follows correct procedures, with such litigation possibly slowing down federal courts in the new year.
Mississippi urged the U.S. Supreme Court on Friday to uphold a law allowing state election officials to count mail-in ballots that arrive late but are postmarked by Election Day, arguing a lower court's finding that the law conflicts with federal statutes is inconsistent with the U.S. Code and historical practice.
A Vanderbilt Law School graduate who alleges his former criminal defense attorneys convinced him to take an unjust plea deal for assault in 2009 told a Connecticut court that his legal malpractice claims couldn't have been brought before he received an absolute pardon in 2023 — and as such aren't time-barred.
A three-member panel of Georgia's Judicial Qualifications Commission has recommended a probate judge be removed from the bench over allegations of yearslong case delays, citing a "pattern of improper activity" and its impact on the judicial system.
An Indiana state appellate panel has vacated a $60.7 million jury verdict against Tesla in a suit accusing its employee of negligently hitting a motorcyclist and causing a catastrophic brain injury, saying the trial court judge had an improper private conversation with the deadlocked jury regarding a potential mistrial.
An attorney for Federal Circuit Judge Pauline Newman said Friday the 98-year-old judge plans to appeal to the U.S. Supreme Court after the full D.C. Circuit refused to reconsider a decision affirming the dismissal of her lawsuit challenging her suspension.
A new California law banning alternative business structure fee sharing with out-of-state law firms owned by nonattorneys has been allowed to go into effect after a Los Angeles federal court rejected an attorney's bid to temporarily block its enforcement ahead of the new year.
The Supreme Court of Florida has rejected a proposal from the attorney general's office to allow out-of-state lawyers to work in some state government roles, despite the support it got from the governor's office and others.
Federal judges will continue tackling notable ethics issues in 2026, including a U.S. Justice Department battling former federal prosecutors in court and an immigration justice system in upheaval.
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.
As the need for pro bono services continues to grow in tandem with the pandemic, attorneys should assess their mental well-being and look for symptoms of secondary traumatic stress, while law firms must carefully manage their public service programs and provide robust mental health services to employees, says William Silverman at Proskauer.
As more law firms develop their own legal services centers to serve as both a source of flexible personnel and technological innovation, they can further enhance the effectiveness by fostering a consistent and cohesive team and allowing for experimentation with new technologies from an established baseline, say attorneys at Hogan Lovells.
Amid pandemic-era shifts in education, law schools and other stakeholders should consider the wide geographic and demographic reach of Juris Doctor programs with both online and in-person learning options, and educators should think through the various ways hybrid programs can be structured, says Stephen Burnett at All Campus.
BigLaw has the unique opportunity to hit refresh post-pandemic and enhance attorney satisfaction by adopting practices that smaller firms naturally employ — including work assignment policies that can provide junior attorneys steady professional development, says Michelle Genet Bernstein at Mark Migdal.
In order to attract and retain the rising millennial generation's star talent, law firms should break free of the annual review system and train lawyers of all seniority levels to solicit and share frequent and informal feedback, says Betsy Miller at Cohen Milstein.
Lawyers can take several steps to redress the lack of adequate LGBTQ representation on the bench and its devastating impact on litigants and counsel in the community, says Janice Grubin, co-chair of the Judiciary Committee at the LGBT Bar Association of Greater New York.
Krill Strategies’ Patrick Krill, who co-authored a new study that revealed alarming levels of stress, hazardous drinking and associated gender disparities among practicing attorneys, highlights how legal employers can confront the underlying risk factors as both warnings and opportunities in the post-COVID-19 era.
While international agreements for space law have remained relatively unchanged since their creation decades ago, the rapid pace of change in U.S. laws and policies is creating opportunities for both new and veteran lawyers looking to break into this exciting realm, in either the private sector or government, says Michael Dodge at the University of North Dakota.
Series
Ask A Mentor: What Makes A Successful Summer Associate?
Navigating a few densely packed weeks at a law firm can be daunting for summer associates, but those who are prepared to seize opportunities and not afraid to ask questions will be set up for success, says Julie Crisp at Latham.
Law firms can attract the right summer associate candidates and help students see what makes a program unique by using carefully crafted messaging and choosing the best ambassadors to deliver it, says Tamara McClatchey, director of career services at the University of Chicago Law School.
Opinion
Judges Deserve Congress' Commitment To Their Safety
Following the tragic attack on U.S. District Judge Esther Salas' family last summer and amid rising threats against the judiciary, legislation protecting federal judges' personal information and enhancing security measures at courthouses is urgently needed, says U.S. District Judge Roslynn Mauskopf, director of the Administrative Office of the U.S. Courts.
Series
Ask A Mentor: How Can Recalcitrant Attys Use Social Media?
Social media can be intimidating for reluctant lawyers but it can also be richly rewarding, as long as attorneys remember that professional accounts will always reflect on their firms and colleagues, and follow some best practices to avoid embarrassment, says Sean Marotta at Hogan Lovells.
Neville Eisenberg and Mark Grayson at BCLP explain how they sped up contract execution for one client by replacing email with a centralized, digital tool for negotiations and review, and how the principles they adhered to can be helpful for other law firms looking to improve poorly managed contract management processes.
Series
Ask A Mentor: How Can Firms Coach Associates Remotely?
Practicing law through virtual platforms will likely persist even after the pandemic, so law firms and senior lawyers should consider refurbishing their associate mentoring programs to facilitate personal connections, professionalism and effective training in a remote environment, says Carol Goodman at Herrick Feinstein.
As the U.S. observes Autism Acceptance Month, autistic attorney Haley Moss describes the societal barriers and stereotypes that keep neurodivergent lawyers from disclosing their disabilities, and how law firms can better accommodate and level the playing field for attorneys whose minds work outside of the prescribed norm.