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Consumer Protection

  • September 12, 2025

    9th Circ. Rejects Rethink, Unpauses Google Play Store Order

    The countdown for Google to open up the Play Store is ticking down again after the Ninth Circuit again affirmed district court monopolization findings.

  • September 12, 2025

    Amazon Says FTC Can't Subpoena Corporation For Prime Trial

    Amazon has told a Seattle federal judge that the Federal Trade Commission can't subpoena the company itself for a testimony at an upcoming trial over allegations that it tricked customers into Prime subscriptions and prevented them from undoing their membership, arguing subpoenas that do not name individuals "skirt the rules."

  • September 12, 2025

    John Deere Rival Won't Get Redo On Safeguards In FTC Case

    An Illinois federal court on Thursday refused a bid from a Deere & Co. competitor asking for reconsideration of an order denying a bid to block the distribution of confidential information produced during the Federal Trade Commission's right-to-repair investigation into the farming equipment company.

  • September 12, 2025

    Apple Lets Thieves Drain Unsecured Gift Cards, Suit Alleges

    Apple assures customers that its gift cards can be securely purchased and redeemed for various products, but the tech company's lack of "simple and commonsense security measures" allows thieves to drain activated cards before customers can use them, alleges a proposed class action in California federal court.

  • September 12, 2025

    Split 9th Circ. Backs Cert. Denial In Progressive Car Value Suit

    A split Ninth Circuit panel on Friday upheld a lower court's refusal to certify a class of Progressive policyholders in a suit over adjustments the insurer makes when calculating the actual cash value of a totaled vehicle, finding that individual questions predominate over common ones.

  • September 12, 2025

    Receiver Wants To Sell Calif. Property With Illegal Ex-Pot Shop

    A court-appointed receiver asked a California state court to approve the sale of a two-story Compton commercial building that used to have an illegal cannabis dispensary.

  • September 12, 2025

    Shein Uses AI To Steal Popular Designs, Suit Claims

    Fast-fashion e-commerce giant Shein is facing a suit in California federal court by a Florida artist who claims the company uses artificial intelligence and other automated technology to dredge the internet and steal popular works to be misappropriated for profit.

  • September 12, 2025

    FCC Refuses To Revisit Denial Of 105 Low-Power FM Stations

    After denying more than 100 applications for new low-power FM radio stations across the South, the Federal Communications Commission says it's not going back on the decision.

  • September 12, 2025

    Wash. Condo Association, Insurer Settle Water Damage Suit

    A Washington condominium association has settled a lawsuit with Country Casualty Insurance Co. over $2.4 million in unpaid claims for water damage that an architect and the association discovered in a probe to find hidden problems in buildings.

  • September 12, 2025

    Mass. AG Says KalshiEX Running Betting Platform In Disguise

    Online "prediction market" KalshiEX LLC was hit on Friday with a lawsuit by Massachusetts regulators alleging the New York-based company is running what amounts to an unlicensed sports betting platform.

  • September 12, 2025

    Chem Industry's Goals For Toxic Substance Law Face Hurdles

    The chemical industry is pushing to overhaul a federal toxic substances law to accelerate the approval of new products, but narrow party margins in Congress, compromises built into the law and environmental groups' opposition weigh heavily against them.

  • September 12, 2025

    Broker Wants DC Circ. View Of FINRA Constitutionality Claim

    A broker-dealer representative has asked the D.C. Circuit to review a lower court's refusal to block an enforcement action against him from the Financial Industry Regulatory Authority despite his claims that the pending in-house hearing is unconstitutional under the U.S. Supreme Court's Jarkesy decision.

  • September 12, 2025

    Off The Bench: NCAA Athlete Ban, WNBA Sun Controversy

    In this week's Off The Bench, the NCAA administered permanent bans to three basketball players, and two high-profile politicians warned the WNBA that it could be at risk of violating antitrust laws if it interferes in the sale of the Connecticut Sun.

  • September 12, 2025

    Buyers Seek Final OK In $1.5M Rust-Oleum Greenwashing Suit

    A class alleging that Rust-Oleum Corp. has been "greenwashing" its cleaning products with labels claiming they are "non-toxic" and "Earth Friendly" is asking a California federal court to grant final approval of a $1.5 million settlement to resolve the suit.

  • September 12, 2025

    Hagens Berman Doubles Down On AI-Tainted Brief Correction

    Hagens Berman Sobol Shapiro LLP said that the firm has an ethical duty to correct briefs tainted by artificial intelligence errors and that the corrected versions shouldn't be stricken from a proposed class action against online platform OnlyFans' parent company.

  • September 12, 2025

    Under Armour Gets Win In Outlet Store Price Suit

    A New York federal judge on Thursday axed a consumer's potential class action alleging that Under Armour promises lower costs of products sold in its outlet stores while actually charging inflated prices, saying that she didn't claim that what she bought was defective.

  • September 12, 2025

    Calif. Bill Blocking Fee Sharing With ABS Firms Heads To Gov.

    A bill heading to California Gov. Gavin Newsom's desk is poised to tighten rules to restrict alternative business structure law firms from operating in the Golden State by blocking lawyers from sharing fees with out-of-state firms owned by non-lawyers.

  • September 12, 2025

    EU Lets Microsoft Unbundle Teams To Avoid Fine

    European Union antitrust officials signed off Friday on Microsoft's plans to offer cheaper Office 365 suites without the Teams collaboration platform in order to avoid a potentially hefty fine for past policies shackling the two services together.

  • September 12, 2025

    Insurer Says Demolition Co. Can't Pursue Damage Offset

    An insurer seeking to recoup $375,000 paid in connection with an implosion that damaged a policyholder's home asked a Pennsylvania state court to toss a demolition contractor's counterclaim for an offset of damages, saying the contractor attempted to improperly join a claim from a separate action.

  • September 12, 2025

    Newsmax Drops Fla. Suit Against Fox, Refiles In Wisconsin

    Newsmax dropped its antitrust claims against Fox Corp. late Thursday night, just before the deadline to file an amended complaint, and immediately refiled them in Wisconsin.

  • September 11, 2025

    Energy Giants Largely Defeat Climate Change RICO Suit

    A Puerto Rico federal judge on Thursday mostly threw out, for good, racketeering and antitrust claims accusing a slew of energy industry companies of misrepresenting the climate dangers of fossil fuel products in causing a pair of hurricanes, though she declined to throw out some of the claims with prejudice.

  • September 11, 2025

    Uber Sued By Feds, Accused Of Disability-Based Bias

    The federal government Thursday hauled Uber Technologies Inc. into a federal court in San Francisco, accusing the transportation company of discriminating against riders with disabilities, including by allegedly refusing service to individuals traveling with service animals or using stowable wheelchairs.

  • September 11, 2025

    4th Circ. Uneasy Weighing SSA Data Case After Justices' Stay

    The full Fourth Circuit on Thursday seemed inclined to maintain the government's access to U.S. Social Security Administration records since the U.S. Supreme Court granted the same relief in an emergency order, but also noted that the justices left them bereft of a blueprint for evaluating the merits of that access.

  • September 11, 2025

    States Push Conn. Court To Ban Generic Drug Price-Fixing

    A court order is necessary to prevent pharmaceutical companies and their executives from illegally fixing the prices of generic drugs, a coalition of state enforcers have told a Connecticut federal judge, arguing there is a "reasonable expectation" that the allegedly anticompetitive behavior at the center of multidistrict litigation will happen again.

  • September 11, 2025

    FTC Presses OpenAI, Meta On AI Chatbots' Impact On Kids

    The Federal Trade Commission is seeking information from Meta, OpenAI, Google and four others about the steps they're taking to measure and monitor the potentially negative impacts that AI-powered chatbots that are designed to act as companions are having on children and teens, the agency revealed Thursday. 

Expert Analysis

  • Fed's Crypto Guidance Yank Could Drive Innovation

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    The Federal Reserve Board's recent withdrawal of guidance letters brings regulatory consistency and broadens banks' ability to innovate in the crypto-asset space, but key distinctions remain between the Fed's policy on crypto liquidity and that of the other banking regulators, says Dan Hartman at Nutter.

  • GM Case Highlights New Trends In AI-Related Securities Suits

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    Bold company statements about artificial intelligence have resulted in a rise in AI-related securities litigation, and a recent Michigan federal court decision in In Re: General Motors Co. Securities Litigation illustrates how courts are analyzing these AI-based claims and applying traditional securities concepts to new technologies, say attorneys at Cooley.

  • Attacks On Judicial Independence Tend To Manifest In 3 Ways

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    Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.

  • Statistics Tools Chart A Path For AI Use In Expert Testimony

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    To avoid the fate of numerous expert witnesses whose testimony was recently deemed inadmissible by courts, experts relying on artificial intelligence and machine learning should learn from statistical tools’ road to judicial acceptance, say directors at Secretariat.

  • Compliance Refresher For 'Made In USA' Labeling Claims

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    As tariffs reshape the trade landscape, companies hoping to invoke the powerful consumer appeal of “Made in USA” labels must understand the strict rules for making acceptable claims so they avoid the costly legal ramifications and brand damage possible from misrepresenting products as 100% American, say attorneys at Morgan Lewis.

  • 4 Strategies For De-Escalating Hospitality Industry Disputes

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    As recent uncertainty in the travel business exacerbates the risk of conflict in the hospitality sector, industry in-house counsel and their outside partners should consider proactive strategies aimed at de-escalating disputes, including preserving the record, avoiding boilerplate clauses and considering arbitration, say Randa Adra at Crowell and Stephanie Jean-Jacques at Hyatt.

  • Series

    Law School's Missed Lessons: Appreciating Civil Procedure

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    If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.

  • Appellate Guidance Needed On California Chatbot Litigation

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    There is wide variation in how courts are applying the California Invasion of Privacy Act against website owners that allegedly help third parties spy on visitors via chatbots — and the lack of appellate rulings creates uncertainty, especially as these cases move toward the summary judgment stage, say attorneys at Crowell & Moring.

  • Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use

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    The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.

  • Platforms Face Section 230 Shift From Take It Down Act

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    The federal Take It Down Act, signed into law last month, aims to combat deepfake pornography with criminal penalties for individual wrongdoers, but the notice and takedown provisions change the broad protections provided by Section 230 of the Communications Decency Act in ways that directly affect platform providers, say attorneys at Troutman.

  • Ƶ's Guidance Withdrawal Deepens Industry Uncertainty

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    Following the Consumer Financial Protection Bureau's recent withdrawal of dozens of guidance documents in a post-Chevron world, financial services providers are left to make their own determinations about the complex issues addressed in the now-revoked materials, presenting a significant compliance burden, say attorneys at Bradley Arant.

  • In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable

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    The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.

  • How Attorneys Can Become Change Agents For Racial Equity

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    As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.

  • Digital Equity Act Grant Terminations Raise Key Legal Issues

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    The Trump administration's move to cancel grant programs created under the Digital Equity Act yields key legal and policy questions facing the executive branch, Congress and the courts, including how the administration plans to implement the cancellation of the Digital Equity Act's appropriations in the first place, say attorneys at Akin.

  • GAO Report Reveals How Banks And Regulators Are Using AI

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    A U.S. Government Accountability Office report published last month makes clear that while both federal regulators and regulated entities like banks and credit unions are employing artificial intelligence to improve efficiency, they're maintaining some skepticism, say attorneys at Orrick.

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