A Fifth Circuit panel seemed leery of the U.S. Food and Drug Administration's claim that it had no de facto ban in place for flavored refillable e-cigarette products, saying Tuesday that denying hundreds of thousands of applications seemed an awful lot like a ban.
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WEDNESDAY, JANUARY 7, 2026 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

5th Circ. Pushes FDA On 'De Facto' Vape Marketing Ban

By Spencer Brewer

A Fifth Circuit panel seemed leery of the U.S. Food and Drug Administration's claim that it had no de facto ban in place for flavored refillable e-cigarette products, saying Tuesday that denying hundreds of thousands of applications seemed an awful lot like a ban.

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Ill. Judge Trims Most Of Walgreens Shareholder Suit

By Celeste Bott

An Illinois federal judge on Monday dismissed most claims in a lawsuit alleging Walgreens inflated share prices by concealing the lack of viability of its pharmacy division and primary care investment, warning shareholders not to "waste judicial resources" in amending their allegations by claiming straightforward statements are misleading "absent a coherent argument as to why."

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Meta Downplayed $10B Ad Changes 'Tsunami,' 9th Circ. Told

By Dorothy Atkins

Meta Platforms Inc. investors urged a Ninth Circuit panel on Tuesday to revive a proposed securities class action alleging the social media giant hid the financial effects of privacy changes by Apple Inc., arguing that Meta executives publicly assured investors while knowing the company would be hit with a "$10 billion tsunami."

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Texas Court Reverses Halt On Samsung's TV Data Collection

By Allison Grande

A Texas state judge Tuesday lifted his temporary block on Samsung deploying technology that the state's attorney general has alleged the television maker is using to unlawfully spy on viewers and harvest their data.

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11th Circ. Backs FTC Win In False Ad Suit Against Corpay

By Rae Ann Varona

The Eleventh Circuit on Tuesday affirmed the U.S. Federal Trade Commission's win in its lawsuit against Corpay Inc., saying in a published opinion that "overwhelming" evidence backed a lower court's finding that the company engaged in deceptive advertising and unfair billing practices when marketing and selling fuel cards.

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Uber Can't Show Bellwether Jury That Driver Wasn't Charged

By Bonnie Eslinger

Ahead of next week's first-ever bellwether trial in multidistrict litigation accusing Uber Technologies Inc. of failing to prevent drivers from sexually assaulting passengers, a California federal judge ruled Tuesday that Uber can't introduce evidence that the alleged assailant wasn't criminally charged.

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Wyo. High Court Strikes Down 2 Laws Restricting Abortion

By Mark Payne

The Wyoming Supreme Court struck down the state's near-total abortion ban and a first-of-its-kind prohibition on abortion pills on Tuesday, saying the laws violated the state constitution.

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Analysis

Drugmakers Fight Multifront Legal Battles Over GLP-1s

By Hannah Albarazi

In the wake of U.S. Food and Drug Administration approvals for GLP-1 weight-loss drugs, surging public demand and massive profits have inspired a broad range of drugmaker litigation against competitors, alleged counterfeits and telehealth providers.

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POLICY & REGULATION

Q&A

Public Health Atty Talks Botulism, Infants And FDA Staffing

By Hannah Albarazi

Three years ago, a bacterial outbreak at a Michigan manufacturing plant sparked a shutdown and a national infant formula shortage. Another episode last year at a formula plant in Iowa should be a red flag for the public and a short-handed FDA, according to Sarah Sorscher of the Center for Science in the Public Interest.

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Bankers Urge Senate To Ban Stablecoin Yield Payments

By Aislinn Keely

The American Bankers Association is doubling down on efforts to convince policymakers to outlaw yield payments for stablecoins, urging banking CEOs and their clients to flood U.S. senators with letters and calls as a forthcoming crypto market structure bill presents an opportunity to solidify the prohibition.

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Top Groups Lobbying The FCC

By Christopher Cole

Groups lobbying the Federal Communications Commission stayed busy in December as the agency closed out a year of rapid change, with advocates focused on satellite spectrum sharing, amateur radio rules, network recovery on the U.S. Virgin Islands, and more.

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FTC Urges DC Circ. To Unblock Media Matters Probe

By Matthew Perlman

The Federal Trade Commission told the D.C. Circuit the agency's investigation into left-leaning watchdog Media Matters for America is about potential collusion in the advertising industry, not retaliation for reporting on Nazi content, and said a lower court was wrong to block the probe.

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Brief

Markey Slams 'Reckless' Media Onslaught After CPB's End

By Christopher Cole

Sen. Ed Markey, D-Mass., blasted the Trump administration for what he described as a relentless attack on public media after the Corporation for Public Broadcasting shut down following the termination of its federal funding.

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ENFORCEMENT

BofA Faces Customer Suit Over Post-Jan. 6 'Surveillance'

By Jon Hill

Bank of America was hit with a putative class action accusing it of financial privacy violations tied to the aftermath of the Jan. 6, 2021, U.S. Capitol attack, alleging the bank aggressively mined and illegally shared customer data with authorities looking for leads.

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Kalshi Seeks To Keep Status Quo Amid Sports Contract Fight

By Alex Lawson

Kalshi is urging the Ninth Circuit to allow it to continue offering sports event contracts as it litigates a patchwork of cases from state gaming regulators arguing that the trading platform is using the contracts to violate sports betting laws.

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LITIGATION

Meta Can't Revisit Order Blocking Clawback Of Attorney Docs

By Mike Curley

A District of Columbia Superior Court judge has refused to reconsider her order finding that Meta Platforms Inc. couldn't claim attorney-client privilege over documents it sought to claw back from discovery, saying the company can't use "sleight of hand" to recharacterize the communications in the documents.

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Section 230 Knocks Down Addiction MDL, Meta Tells 9th Circ.

By Dorothy Atkins

Meta Platforms Inc. urged a Ninth Circuit panel on Tuesday to find that Section 230 of the Communications Decency Act shields it from sprawling social-media-addiction multidistrict litigation, arguing that the claims go to "the heart of what the statute intends to protect."

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Vape Interests Look To 5th Circ. To Halt Miss. E-Cig Law

By Jonathan Capriel

A coalition of vaping interests is asking the Fifth Circuit to revive its lawsuit seeking to end a Mississippi law that blocks the sale of synthetic nicotine products, the same parties that are also moving forward with similar efforts at the Sixth Circuit.

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Google Wants One Complaint From Ad Tech Rivals, Not Six

By Bryan Koenig

Google has asked a New York federal judge to tee up a bid to forcibly consolidate half a dozen antitrust lawsuits from rivals accusing Google of hobbling their advertising placement technology businesses, arguing one combined complaint would be more efficient for the lawsuits bearing "substantial similarities."

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4th Circ. Asked To Revive Experian Credit Investigation Suit

By Abigail Harrison

Experian Information Solutions Inc. violated its statutory duty by failing to reinvestigate and later approving a clearly erroneous credit report that resulted in a refused mortgage application, the report's subject told the Fourth Circuit in an attempt to revive his class action lawsuit.

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Amazon Seeks To 'Hot Tub' MIT Prof's Opinion In Antitrust Suit

By Rae Ann Varona

Amazon.com Inc. has asked a Seattle federal court for a "hot tub" hearing in a proposed consumer antitrust class action that accuses the e-commerce giant of artificially raising retail prices, saying the novel litigation technique for concurrently questioning parties' experts is needed to vet one expert's change in opinion.

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Cider-Maker Challenges Federal Ban On Vintage Labeling

By Ben Adlin

A Washington state maker of alcoholic beverages is challenging a federal government restriction that prevents producers of cider, mead and wines made from any fruit besides grapes from including vintage years on their product labels, arguing that the policy withholds information from consumers and violates the First Amendment.

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Top Personal Injury, Medical Malpractice Cases Of 2025

By Y. Peter Kang

A headline-grabbing $329 million wrongful death verdict against Tesla and a landmark $2.5 billion deal between DuPont and New Jersey over PFAS "forever chemicals" are among Law360's top personal injury and medical malpractice cases from 2025.

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Zillow, Redfin Fight FTC's Bid For More Discovery Time

By Isaac Monterose

Zillow Group Inc., Zillow Inc. and Redfin Corp. are urging a Virginia federal court to reject a bid for more discovery time filed by the Federal Trade Commission and multiple states for their combined antitrust suit against the two property listing companies.

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PEOPLE

DOJ Fraud Section Leader Returns To Cahill Gordon In DC

By James Boyle

A former senior deputy chief of the U.S. Department of Justice's fraud section and former staff member for the U.S. House's Jan. 6 committee has left the public sector and rejoined Cahill Gordon & Reindel LLP's office in Washington.

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EXPERT ANALYSIS

Reviewing 2025's Artificial Intelligence Disputes Over IP

2025 brought the first major fair use rulings involving generative artificial intelligence, and in 2026 courts will weigh in on more discovery disputes, renewed motions to dismiss, class certification challenges and fair use defenses that could shape the course of future AI litigation, say attorneys at Debevoise.

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LEGAL INDUSTRY

'Get Over' Yourself, Ho Says To Judges' Independence Worry

By Lauren Berg

U.S. Circuit Judge James C. Ho snapped back at colleagues on the bench who have raised the alarm over threats to judicial independence, writing in an article that those complaining judges "need to get over themselves" and stop bowing to the "cultural elites" who oppose the Trump administration.

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Trump Announces First Judicial Picks Of 2026

By Courtney Bublé

President Donald Trump announced on Tuesday evening his first judicial nominees of 2026, a slate of four district court picks for Texas, Arkansas and Louisiana.

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Halligan Ordered To Explain Why She's Still Listed As US Atty

By Hailey Konnath

A Virginia federal judge Tuesday ordered Lindsey Halligan to explain why she was still identifying herself as a U.S. attorney despite another judge's order finding that the former insurance lawyer hadn't been properly appointed and was serving illegally on an interim basis.

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Judgeship Nomination Not Renewed Amid Fla. Charity Probe

By Courtney Bublé

The nomination of John Guard, senior counselor to the attorney general of Florida, for a Middle District of Florida federal judgeship, has not been renewed for the new session of Congress after he came under scrutiny in a criminal probe regarding a charity connected to Florida Gov. Ron DeSantis.

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Atty Apologizes For ChatGPT-Hallucinated Citations In Briefs

By Elliot Weld

A patent attorney has apologized to a Kansas federal judge for submitting a court filing with case citations hallucinated by ChatGPT, calling the experience "shameful and embarrassing" and saying he was in a poor mental state at the time due to his mother and aunt being hospitalized and dying shortly after.

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Texas Justices Erase ABA Approval In Bar Admissions

By Lynn LaRowe

The Texas Supreme Court on Tuesday issued an order ending a longstanding rule requiring graduation from a law school approved by the American Bar Association for admittance to the state bar, with the court giving itself the authority for accreditation.

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WH Says Judge Can't Pursue Immigration Contempt Probe

By Jared Foretek

The Trump administration has once again told the D.C. Circuit that U.S. District Judge James Boasberg lacks the constitutional authority to open a contempt probe into the government's removal of hundreds of Venezuelan migrants against his emergency order in March, calling the investigation an "unprecedented criminal fact-finding inquisition."

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Judiciary Advisers Predict Clashes Over AI, Remote Testimony

By Jeff Overley

The federal judiciary's policy advisers appeared divided Tuesday over efforts to align procedural rules with digital age technology and preferences, and they predicted a torrent of impassioned input if they open up their delicate internal debates to the entire public.

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Girardi Keese CFO Must Use His Own Atty For Chicago Appeal

By Lauraann Wood

Girardi Keese's former financial chief cannot have counsel appointed to help him challenge the Illinois sentence he is serving alongside his 10-year California sentence for helping Tom Girardi steal millions from clients because he isn't pursuing the appeal in good faith, an Illinois federal judge has ruled.

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National Judicial College Names Idaho Law Dean As President

By Jake Maher

The National Judicial College has named a new president and chief executive officer, selecting the dean of the University of Idaho College of Law to become the first woman to hold the position.

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LAW FIRMS IN TODAY'S NEWS

Aegis Law Group

Anapol Weiss

Anderson Kill

Axinn Veltrop

Bailey Kennedy Law Offices

Bloch & White

Buether Joe

Cahill Gordon

Cannella Snyder

Chaffin Luhana LLP

Chang Klein

Cleary Gottlieb

Covington & Burling

Cozen O'Connor

Cravath Swaine

Custodio & Dubey

Davis Polk

Dean Omar

Debevoise & Plimpton

Dechert LLP

Edelson PC

Fish & Richardson

Fisher Patterson

Foley & Lardner

Freshfields

Gibson Dunn

Girard Sharp

Girardi & Keese

Gupta Wessler

Hagens Berman

Hamilton Lincoln

Honigman LLP

Hueston Hennigan

Jones Day

Keller Postman

Kirkland & Ellis

Klein & Sheridan

Kroger Gardis

Latham & Watkins

Law Offices of Charles B. Molster III

Lehotsky Keller

Levi & Korsinsky

Levin Law PA

Lieff Cabraser

Lubin Austermuehle

Mayer Brown

Milbank LLP

Munger Tolles

O'Melveny & Myers

Peiffer Wolf

Phillips Reynier

Pomerantz LLP

Proskauer Rose

Quinn Emanuel

Ruloff Swain

Schwartz White

Shepherd & Shepherd

Shook Hardy

Simonsen Sussman

Sullivan & Cromwell

Susman Godfrey

Troutman Law Office

Trump & Trump

Wiggin & Dana

Wilson Sonsini

Wise Carter

COMPANIES IN TODAY'S NEWS

Abbott Laboratories

Advance Local Media

Amazon.com Inc.

American Bankers Association

American Bar Association

American Civil Liberties Union

Anheuser-Busch Inbev SA/NV

Anthropic PBC

Apple Inc.

Aviva SA

Bank of America Corp.

ByHeart Inc.

CME Group Inc.

Centene Corp.

Center for Science in the Public Interest

Competitive Enterprise Institute

Concord Music Group Inc.

Cornell University

Corporation for Public Broadcasting

DuPont de Nemours Inc.

Eli Lilly & Co.

Empower Pharmacy

Encyclopaedia Britannica Inc.

Experian PLC

FarmaKeio

FleetCor Technologies Inc.

Global Logistic Properties Ltd.

Google LLC

Hims & Hers Health Inc.

Hisense Co. Ltd.

I-MAK

Index Exchange Inc.

Johnson & Johnson

LG Electronics Inc.

Lawyers for Civil Justice

LinkedIn Corp.

Massachusetts Institute of Technology

MasterCard Inc.

Meta Platforms Inc.

Miami Herald Media Co.

Microsoft Corp.

National Public Radio Inc.

Novo Nordisk A S

OpenAI OpCo LLC

OpenX Technologies Inc.

Overstock.com Inc.

PubMatic Inc.

Public Broadcasting Service

ROSS Intelligence

Samsung Electronics Co. Ltd.

Sony Group Corp.

Space Exploration Technologies Corp.

Stanford University

State Bar of Texas

TCL Technology Group Corp.

Tesla Inc.

The DIRECTV Group Inc.

The State University of New York

The Walt Disney Co.

Thomson Reuters Corp.

Uber Technologies Inc.

University of Arkansas

Vapor Technology Association

Viatris Inc.

VillageMD

Walgreens Boots Alliance Inc.

Warner Music Group Corp.

Werner Enterprises Inc.

YouTube Inc.

Zillow Group Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Alaska Department of Law

Arizona Attorney General's Office

Bureau of Alcohol Tobacco Firearms and Explosives

Bureau of Alcohol and Tobacco Tax and Trade

Commodity Futures Trading Commission

Connecticut Attorney General's Office

Federal Bureau of Investigation

Federal Communications Commission

Federal Judicial Center

Federal Trade Commission

Florida Agency for Health Care Administration

Florida Supreme Court

Food and Drug Administration

Judicial Conference of the United States

Mississippi Attorney General's Office

Mississippi Department of Revenue

Nevada Attorney General's Office

New Jersey Attorney General's Office

New Jersey Department of Environmental Protection

New York Attorney General's Office

Office of the Attorney General for the District of Columbia

Texas Attorney General's Office

Texas Supreme Court

U.S. Attorney's Office for the Eastern District of Virginia

U.S. Attorney's Office for the Northern District of Illinois

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Department of Health and Human Services

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. District & Bankruptcy Courts of Southern District of Texas

U.S. District Court for the Central District of California

U.S. District Court for the District of Alaska

U.S. District Court for the District of Columbia

U.S. District Court for the District of Delaware

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of Louisiana

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Eastern District of Virginia

U.S. District Court for the Middle District of Florida

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of Florida

U.S. District Court for the Southern District of Mississippi

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Arkansas

U.S. District Court for the Western District of Louisiana

U.S. District Court for the Western District of Missouri

U.S. District Court for the Western District of Tennessee

U.S. District Court for the Western District of Texas

U.S. District Court for the Western District of Washington

U.S. House of Representatives

U.S. Senate

U.S. Supreme Court

United States District Court for the District of Kansas

United States District Court for the Southern District of Indiana

Washington Attorney General's Office

Wyoming Attorney General's Office