A Fifth Circuit panel pressed the U.S. Food and Drug Administration to explain how an apparently uniform denial of flavored e-cigarettes would not fall under federal rulemaking, saying Tuesday that the agency's decision-making seemingly "squawks like a rule."
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WEDNESDAY, JUNE 10, 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 Block Of Flavored Vapes

By Spencer Brewer

A Fifth Circuit panel pressed the U.S. Food and Drug Administration to explain how an apparently uniform denial of flavored e-cigarettes would not fall under federal rulemaking, saying Tuesday that the agency's decision-making seemingly "squawks like a rule."

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Boston Beer Seeks To Undo $175.5M Aluminum Can Verdict

By Celeste Bott

A Boston Beer affiliate argued Monday that evidence doesn't support the lost profit damages a jury recently awarded to an aluminum can supplier alleging the company didn't purchase the agreed-upon number of beverage cans, saying the $175.5 million verdict is "the cumulative product of multiple errors" and arguing for either judgment or a new trial.

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Arby's Owner Must Face Trimmed Data Tracking Opt-Out Suit

By Gina Kim

A California federal judge on Monday trimmed some privacy claims in a suit alleging Arby's', Jimmy John's', Dunkin's and Sonic's website cookie banners falsely promise to remove trackers but allowed the plaintiffs' fraud claims to proceed, finding it's enough for them to plead they declined cookies but were tracked anyway.

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Judge Pans Uber's 'Nonstop' Discovery Violation In FTC Fight

By Dorothy Atkins

A California federal magistrate judge refused Tuesday to give Uber more time to produce data to the Federal Trade Commission in litigation alleging the ride-hailing company dupes consumers into its paid subscription service, saying during a hearing that Uber "has been in nonstop violation" of the court's April 10 data production deadline.

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The Law360 400: A Look At The Top 100 Firms

By Xiumei Dong

The race to build the legal industry's largest law firm accelerated in 2025, with major firms leaning on mergers, lateral hiring and strategic expansion to climb the ranks of the Law360 400.

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ENFORCEMENT

Sunday App Sneaks Restaurant Payment Fee, Suit Says

By Rae Ann Varona

Sunday App, a restaurant payment platform that lets diners pay for meals through a QR code, has been blindsiding consumers by hiding a mandatory platform fee "until the last possible moment" in the payment process, alleges a proposed class action lodged in California state court.

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Whole Foods Staff Worked Meal Breaks Unpaid, Suit Says

By MJ Koo

Whole Foods Market forced workers to perform duties during meal breaks, manipulated time records to underpay wages, and blocked employees from leaving the premises during rest periods, according to a lawsuit brought in California state court.

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Wash. Winery's Vintage Label Regs Challenge Tossed For Now

By Rachel Riley

A Washington federal judge has thrown out a lawsuit from an Evergreen State maker of alcoholic beverages over federal vintage labeling limitations, concluding Tuesday that the producer of fruit wine and cider has not clearly proved its challenge of the labels was filed before the relevant statute of limitations lapsed but will get a shot at amending the complaint.

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Nexgrill Sued Over Wire Brush Defect, 'Inadequate' Recall

By Mike Curley

A proposed class of grill users is suing Nexgrill Industries Inc. in California federal court, alleging that it waited years to issue a recall over a dangerous defect in its wire grill brushes and that the recall is itself inadequate to address the issue.

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EXPERT ANALYSIS

Checking For AI Errors Is Now A Two-Way Street

A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

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LEGAL INDUSTRY

Trial Boutiques Roll Out Associate Pay Raises

By Andrea Keckley

Three trial boutiques are planning to bump associate salaries by at least $10,000 next month, the firms confirmed to Law360 Pulse Tuesday.

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Interview

Burford Sees Growing Market For Stakes In Elite Firms

By Marialuisa Taddia

Burford Capital plans to step up minority equity investments in elite law firms in the U.K. and U.S. that already use its litigation finance, as investor appetite for law firm equity increases, the firm's new London-based chief operating officer told Law360.

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Fox Rothschild Sued Over Data Breach Tied To Ransom Group

By Allison Grande

Fox Rothschild LLP was hit with a proposed class action in Pennsylvania federal court Tuesday accusing the national law firm of failing to adequately protect the "highly sensitive and confidential" personal data entrusted to it from being exposed to a prominent ransomware group in a data breach last month. 

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All Attys In Miss. Suit DQd For Back-To-Back-To-Back AI Flubs

By Emily Sawicki

A Mississippi federal judge who found herself in the "unusual scenario" of reviewing briefs with artificial intelligence-created errors filed by both parties in a lawyer's fee dispute against a Magnolia State municipality has terminated all four attorneys from the case.

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Q&A

Next ABA International Ethics Chair Looks To Year Ahead

By Emily Sawicki

Rob Misey, incoming chair of the American Bar Association's International Ethics Committee, brings a passion for international dialogue to his new role, set to begin in September. Misey discussed his goals of initiating ethics conversations throughout the ABA and with counterparts overseas.

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Analysis

Fed. Circ. 'Recalibrates' Analysis For Constitutional Standing

By Dani Kass

The Federal Circuit eased the line between constitutional and statutory standing last month when reviving A.L.M. Holding Co.'s infringement suit against Zydex Industries Private Ltd., in a decision attorneys say makes standing more accessible and clarifies how patent licensors can maintain their rights.

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5 Firms Barred From Handling NFL Parkinson's Claims

By P.J. D'Annunzio

Five law firms have been disqualified from representing claimants seeking NFL concussion settlement funds for running a scheme that "laundered" questionable Parkinson's disease claims through the system to obtain $95 million, including $20 million in fees, a special masters' report issued Monday says.

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Pa. Law Firm Calls Uber and FedEx's RICO Suit A 'Sham'

By James Boyle

Nearly a month after its motion to dismiss a RICO suit filed by Uber and FedEx was denied by a Philadelphia federal judge, personal injury firm Simon & Simon PC has lodged a counterclaim against the companies, saying their complaint is a "frivolous sham."

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Senate Confirms Longtime Kan. Prosecutor, KBI Chief To Bench

By Courtney Bublé

The Senate voted 51-46, along party lines, on Tuesday to confirm Tony Mattivi, director of the Kansas Bureau of Investigation, to serve on the bench in the District of Kansas.

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COMPANIES IN TODAY'S NEWS

APC

Acquira

Advanced Bionics AG

American Bar Association

Baskin-Robbins Inc.

Boston Beer Co.

Burford Capital LLC

ByteDance Ltd.

Dunkin' Brands Group Inc.

FedEx Corp.

Google LLC

Ingevity Corp.

Inspire Brands Inc.

Jimmy John's Franchise LLC

Microsoft Corp.

NFL Enterprises LLC

Pinterest Inc.

Uber Technologies Inc.

Union Internationale des Avocats

WestRock Co.

Whole Foods Market Inc.

LAW FIRMS IN TODAY'S NEWS

Ahmad Zavitsanos

Akerman LLP

Akin Gump

Alston & Bird

ArentFox Schiff

Arnold & Porter

Baker & Hostetler

Baker Donelson

Baker McKenzie

Ballard Spahr

Baratta Law

Barnes & Thornburg

Blank Rome

Blumenthal Nordrehaug

Boies Schiller

Bradley Arant

Bricker Graydon

Buchalter LLP

Carlton Fields

Centurion Trial Attorneys

Christian & Small

Clark Hill

Cleary Gottlieb

Cooley LLP

Covington & Burling

Cozen O'Connor

Crowell & Moring

DLA Piper

DWF LLP

Daniel Williams & Associates

Davis Polk

Davis Wright Tremaine

Debevoise & Plimpton

Dechert LLP

Dentons

Dilworth Paxson

Dinsmore & Shohl

Dorsey & Whitney

Duane Morris

Edelsberg Law

Elsberg Baker

FBT Gibbons

Faegre Drinker

Federman & Sherwood

Fenwick & West

Fish & Richardson

Fisher & Phillips

Foley & Lardner

Fox Rothschild

Frederick M. Lehrer Attorney at Law

Fried Frank

Gibson Dunn

Goodwin Procter

Gordon Rees

Greenberg Traurig

Gutride Safier

Haynes Boone

Hogan Lovells

Holland & Knight

Hollingsworth LLP

Honigman LLP

Hunton Andrews

Husch Blackwell

Jackson Lewis PC

Jones Day

K&L Gates

Kaliel Gold

Katten Muchin

Kilpatrick Townsend

King & Spalding

Kirkland & Ellis

Kopelowitz Ostrow

Kutak Rock

Latham & Watkins

Lewis Brisbois

Littler Mendelson

Mayer Brown

Maynard Nexsen

McDermott Will & Schulte

McGuireWoods

Milbank LLP

Milberg PLLC

Moore & Van Allen

Morgan & Morgan PA

Morgan Lewis

Morrison & Foerster

Napoli Shkolnik

Nelson Mullins

Nixon Peabody

Norton Rose

O'Melveny & Myers

Ogletree Deakins

Orrick Herrington

PCB Byrne

Paul Hastings

Paul Weiss

Perkins Coie

Pillsbury Winthrop

Polsinelli PC

Proskauer Rose

Quinn Emanuel

Quintairos Prieto

Reed Smith

Reinhart Boerner

Ropes & Gray

Schoenberg Finkel

Seyfarth Shaw

Sheppard Mullin

Shook Hardy

Sidley Austin

Simon & Simon PC

Simpson Thacher & Bartlett

Skadden Arps

Spencer Fane

Squire Patton

Sterne Kessler

Sullivan & Cromwell

Taft Stettinius

Thompson Hine

Troutman

Venable LLP

Vinson & Elkins

Watkins Calcara

Weil Gotshal

White & Case

Wilkinson Stekloff

Willkie Farr

WilmerHale

Wilson Elser

Wilson Sonsini

Winston Taylor

Withersworldwide

Womble Bond

GOVERNMENT AGENCIES IN TODAY'S NEWS

Bureau of Alcohol and Tobacco Tax and Trade

California Supreme Court

European Union

Federal Bureau of Investigation

Federal Trade Commission

Food and Drug Administration

Internal Revenue Service

Kansas Attorney General's Office

Los Angeles Superior Court

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

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. Department of Justice

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

U.S. District Court for the District of Arizona

U.S. District Court for the District of Columbia

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 Northern District of California

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

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

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

U.S. Senate

U.S. Supreme Court

Unified Patent Court