A Fifth Circuit panel appeared skeptical Tuesday that the U.S. Food and Drug Administration properly accounted for how a new rule for premarket authorization of new tobacco products would affect small businesses in the industry.
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WEDNESDAY, DECEMBER 3, 2025 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

5th Circ. Wary Of FDA Process Behind Rule For New Vapes

By Sam Reisman

A Fifth Circuit panel appeared skeptical Tuesday that the U.S. Food and Drug Administration properly accounted for how a new rule for premarket authorization of new tobacco products would affect small businesses in the industry.

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Tribe Can't Recover Lost Profits For Pot Sales Under RICO

By Sam Reisman

A New York federal judge has ruled that cannabis' federal illegality means that the Cayuga Nation cannot invoke a federal racketeering law to recover lost profits from retailers' unsanctioned cannabis sales on tribal land.

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Brief

9th Circ. Pauses Cannabis Dormant Commerce Clause Case

By Sam Reisman

The Ninth Circuit Court of Appeals on Tuesday stayed proceedings in a constitutional challenge to Los Angeles' cannabis social equity program while the appellate court considers two other similar cases from the same litigant.

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LEGAL INDUSTRY

Bonus Spotlight

High Billers At McKool Smith To Pocket Extra Bonus Money

By Tracey Read

McKool Smith is the latest BigLaw firm to announce extra cash for attorneys who went above and beyond with billable hours in 2025, according to an internal memo obtained by Law360 Pulse.

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Wilson Sonsini To Switch Leaders For 1st Time Since 2012

By Andrea Keckley

Wilson Sonsini Goodrich & Rosati PC announced plans for its first top leadership transition in more than a decade on Wednesday, tapping a Palo Alto, California-based litigator and a New York-based corporate lawyer to begin co-leading the firm at the start of next August.

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Ex-Bernstein Litowitz Atty Starts Firm After Contentious Exit

By Adrian Cruz

A former Bernstein Litowitz Berger & Grossmann LLP partner known for handling high-profile stockholder cases has led the launch of a boutique focused on corporate disputes and securities litigation after the firm says he was fired for misconduct.

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LA Atty Accused Of Using AI 'Hallucinations' Sanctioned

By Rae Ann Varona

A California state appeals court has ordered an attorney accused of including artificial intelligence "hallucinations" in a client's opening brief to pay $7,500 to the court, saying in a published opinion that the attorney is subject to sanctions for inaccuracies, regardless of whether they were the result of AI.

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FTC Backs Nixing ABA Role As 'Gatekeeper' For Texas Bar

By Lynn LaRowe

The Federal Trade Commission has endorsed a proposal from the Texas Supreme Court to abandon a rule requiring graduation from a law school approved by the American Bar Association for admittance to the state bar, saying the organization's "accreditation monopoly" hurts competition and consumers.

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Virginia Bar Declines To Investigate Interim US Atty Halligan

By Ryan Boysen

The Virginia State Bar has declined to investigate whether Lindsey Halligan should face discipline over her scandal-plagued tenure as the interim U.S. attorney for the Eastern District of Virginia, just days after a federal judge ruled she was not properly appointed to that post.

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Trump Would Prefer Jack Smith Testify In Public

By Courtney Bublé

Rep. Jim Jordan, R-Ohio, chair of the House Judiciary Committee, subpoenaed former counsel Jack Smith on Tuesday for a closed-door deposition, to which President Donald Trump said he would rather see a public testimony.

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1st Circ. Doubts Ex-BigLaw Atty's Campaign Finance Appeal

By Chris Villani

The First Circuit on Wednesday expressed misgivings about a former BigLaw attorney's argument that a jury that convicted him of a campaign finance scheme during a failed run for Congress should have been required to unanimously find that each specific transaction was illegal.

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Archegos Founder Says Davis Polk Job Offer Taints Restitution

By Lauren Berg

Archegos founder Bill Hwang, who is serving an 18-year sentence for defrauding banks out of billions of dollars in loans used to manipulate the market, asked to vacate his restitution order because the presiding judge's clerk accepted a job with Davis Polk & Wardwell LLP, which represents victim-bank Morgan Stanley.

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Troutman Atty Is 3rd NC Federal Judge Confirmed This Week

By Courtney Bublé

The Senate voted 57-41 on Wednesday to confirm Matthew Orso, a partner at Troutman Pepper Locke LLP, to the Western District of North Carolina as a federal district judge.

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Fed. Circ. Pushes DC Circ. Not To Rethink Newman Decision

By Adam Lidgett

The Federal Circuit has urged the D.C. Circuit to ignore Federal Circuit Judge Pauline Newman's request to rehear a decision upholding the dismissal of her suit against the colleagues who suspended her, saying the judiciary has the right to police its own internal matters.

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COMPANIES IN TODAY'S NEWS

AT&T Inc.

American Bar Association

Arcellx Inc.

Hilton Worldwide Holdings Inc.

JPMorgan Chase & Co.

LinkedIn Corp.

Morgan Stanley

Netflix Inc.

New Civil Liberties Alliance

Permira

Samsung Electronics Co. Ltd.

State Bar of California

Tesla Inc.

Virginia State Bar

Warner Bros. Discovery Inc.

LAW FIRMS IN TODAY'S NEWS

Barclay Damon

Bernstein Litowitz

Chalmers Adams Backer

Covington & Burling

Davis Polk

Farivar Law

Friedman Kaplan

Gibson Dunn

Goulston & Storrs

Irell & Manella

Latham & Watkins

McGuireWoods

McKool Smith

Morvillo Abramowitz

Murphy Rosen

Nixon Peabody

Novian & Novian

Robbins LLP

Ropes & Gray

Sheppard Mullin

Sidley Austin

Troutman

Wilson Sonsini

GOVERNMENT AGENCIES IN TODAY'S NEWS

Federal Bureau of Investigation

Federal Trade Commission

Food and Drug Administration

Judicial Conference of the United States

New York Attorney General's Office

Texas Supreme Court

U.S. Attorney's Office for the Southern District of New York

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

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the First Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Department of Justice

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

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

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

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

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

U.S. House of Representatives

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court