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Consumer Protection

  • September 04, 2025

    NJ Transit Urges Justices To Affirm Its Sovereign Immunity

    New Jersey Transit is a sovereign arm of the state of New Jersey and should be immune from out-of-state lawsuits according to U.S. Supreme Court precedent, attorneys for the agency told the justices in a brief filed Thursday.

  • September 04, 2025

    Texas AG Accuses PowerSchool Of Failing At Data Security

    Texas' attorney general has become the latest to sue education technology provider PowerSchool Holdings Inc. over a 2024 data breach, asserting in a new state court lawsuit that the company failed to implement basic data security measure despite promising "state-of-the-art protections" for students' and employees' personal information. 

  • September 04, 2025

    9th Circ. Affirms Dismissal Of Google-Apple Antitrust Suit

    The Ninth Circuit on Thursday affirmed a lower court's decision dismissing a lawsuit alleging an antitrust conspiracy between Apple and Google over search engine technology, agreeing with the lower court that a restaurant meeting between the companies' CEOs is not sufficient evidence to back up the claims. 

  • September 04, 2025

    10th Circ. Ends Huffing Death Product Liability Suit

    The Tenth Circuit refused to revive a Kansas man's proposed class action seeking damages against the makers of canned compressed air after his adult son fatally inhaled their product, saying the manufacturers can't be held liable because intentionally huffing the toxic gases in the product is against state law.

  • September 04, 2025

    Philip Morris Gets Wash. Tobacco Deal Fight Sent To Arbitrator

    A Washington state judge has ordered R.J. Reynolds Tobacco Co. to arbitrate rival Philip Morris USA Inc.'s claims that it breached a 2017 deal delineating billions of dollars in annual payments owed to states for Big Tobacco's public health toll by signing a new $277 million agreement with Washington in April.

  • September 04, 2025

    FTC Hits Chinese Toy Maker For Gathering Kids' Location Data

    A robot toy maker has agreed to comply with federal rules for handling children's data and ensure that its vendors are doing the same in order to resolve the Federal Trade Commission's claims that the company enabled a Chinese analytics provider to collect geolocation information from mobile app users who were younger than 13 without parental consent.

  • September 04, 2025

    Rural Carriers Call For Expanding Universal Service Aid

    Congress needs to provide more direct aid to rural telecom carriers if it wants connectivity to reach every household in the country, those telecom carriers told House legislators in a recent letter.

  • September 04, 2025

    Trader With Middle Name 'Danger' Owes $3.8M In SEC Claims

    A securities trader with the middle name "Danger" who was sentenced to nearly four years in prison after copping to a federal wire fraud charge in connection with a $2.9 million Ponzi scheme, is also on the hook for $3.8 million in disgorgement and prejudgment interest in a parallel U.S. Securities and Exchange Commission suit, a California federal judge has ruled.

  • September 04, 2025

    Yale Hospital's Info Request Upheld In $435M Property Suit

    Three third-party hospital real estate holding companies and their corporate parent cannot challenge a decision requiring them to give records to Yale New Haven Health Services Corp. for its $435 million asset sale dispute with bankrupt Prospect Medical Holdings Inc., a Connecticut appeals court has ruled.

  • September 04, 2025

    USDOT Scraps Airline Refund Rule In Deregulatory Push

    The U.S. Department of Transportation is abandoning airline passengers' rights and other consumer protection regulations proposed by the Biden administration as President Donald Trump advances his deregulatory push, according to the White House's updated regulatory agenda released Thursday.

  • September 04, 2025

    Caesars Sportsbook Parent Wins Arb. Bid In 'Free Bet' Case

    Two Caesars Sportsbook users alleging the sports betting website illegally advertises "free bets" that aren't actually free must arbitrate those claims now that its parent company has proven they agreed to utilize the alternative dispute resolution method, an Illinois federal judge has ruled.

  • September 04, 2025

    Justices Asked To Block FTC Commissioner Reinstatement

    The Trump administration asked the U.S. Supreme Court on Thursday to block the reinstatement of Democratic Federal Trade Commissioner Rebecca Slaughter while it appeals a ruling that found her firing was illegal, and also asked the high court to take up the case.

  • September 04, 2025

    CTIA's Pai Projects Smooth Mobile Transition In Upper C-Band

    Ajit Pai, the onetime leader of the Federal Communications Commission who now runs wireless trade group CTIA, foresees a relatively smooth transition to mobile services in the upper C-band airwaves — as long as the FCC plays its cards right.

  • September 04, 2025

    EPA Touts 'Ambitious' New Deregulatory Agenda

    The U.S. Environmental Protection Agency on Thursday laid out its regulatory agenda for the coming months, and said it intends to revisit or roll back Biden-era initiatives in several areas, including water, climate change and chemical regulations.

  • September 04, 2025

    Atty Can't Duck TCPA Suit Over Camp Lejeune Calls

    A North Carolina federal judge will not trim a proposed class action accusing a plaintiffs firm of making unsolicited calls to a number on the National Do Not Call Registry in an effort to secure a client in the Marine Corps Base Camp Lejeune toxic drinking water case, saying it doesn't matter if the lead plaintiff "invited" later calls.

  • September 04, 2025

    Music Lyrics Co.'s $1B Antitrust Suit Mostly Survives

    A California federal judge largely refused to dismiss LyricFind Inc.'s $1 billion suit accusing a streaming music lyrics rival of using an exclusive deal with Warner Music to edge it out of the market, crediting claims about the importance of Warner while nixing some business interference allegations.

  • September 04, 2025

    Albertsons Says Kroger CEO Docs Fair Game In Del. Suit

    An attorney for Albertsons Companies Inc. told a Delaware vice chancellor Thursday the food and drugstore giant should get access to The Kroger Co.'s documents related to CEO Rodney McMullen's abrupt exit from the job months after the collapse of the two companies' planned $25 billion merger.

  • September 04, 2025

    Monthly Merger Review Snapshot

    The Justice Department settled a challenge to UnitedHealth's $3.3 billion home hospice acquisition while Democrats called for a judge to reject a different government settlement and the Federal Trade Commission moved against medical technologies transactions for heart valves and device coatings.

  • September 04, 2025

    Solar Co. Mosaic Gets OK For Debt-For-Equity Ch. 11 Plan

    A Texas bankruptcy judge Thursday approved residential solar panel financing firm Mosaic's plan to reorganize and hand ownership of its loan servicing business to its secured lender, after no buyers came forward at a Chapter 11 auction.

  • September 04, 2025

    Borrowers Sue Over Lender's Repeat 'Tribal Lending Scheme'

    Customers of a short-term loan company have accused their lender and its associates of engaging in a so-called tribal lending scheme by touting the company's association with a North Dakota-based Native American tribe in an effort to avoid scrutiny for lending at rates as high as 490%, exceeding state interest rate caps.

  • September 04, 2025

    PBMs Look To Toss FTC's Insulin Pricing Case

    Caremark Rx, Express Scripts and OptumRx have asked to dismiss the Federal Trade Commission's in-house case accusing the pharmacy benefit managers of artificially inflating insulin prices, saying the agency is exceeding its authority to address "unfairness."

  • September 04, 2025

    FCC's Deregulatory Push Called Blueprint For Other Agencies

    A conservative group said the Federal Communications Commission's recent initiative to shed regulations viewed as obsolete should serve as a model for other federal agencies looking to slash rules.

  • September 04, 2025

    Retailer Pushes To Dismiss Ugg Maker's IP Claims

    Online fashion retailer Fashion Nova has asked a California federal judge to toss a trade dress infringement suit brought by the maker of Uggs boots, saying the suit had no allegations that it had any intent to infringe or knowledge of the relevant design patents.

  • September 04, 2025

    No Atty Sanctions After Failed Redaction In Gunmaker Lawsuit

    A Connecticut federal judge has declined a gunmaker's bid to sanction a civil litigator who filed a document without proper redactions, finding that the error was inadvertent and did not meet the "high bar" necessary to run afoul of Rule 11 of the Federal Rules of Civil Procedure.

  • September 04, 2025

    OnlyFans' Parent Says AI-Tainted Briefs Are Unsalvageable

    The online platform OnlyFans' parent company said that a bid to correct legal briefs in a proposed class action against the company should be denied, arguing that the decision to use artificial intelligence to create mistake-riddled documents is severe misconduct and the briefs should be struck instead.

Expert Analysis

  • 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.

  • ÃÛÌÒÊÓÆµ'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.

  • Robinson-Patman Enforcement May Fizzle Out After PepsiCo

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    After securing an early Robinson-Patman Act victory against the largest wine and spirits distributor in the U.S., the Federal Trade commission's voluntary dismissal of its own enforcement action against PepsiCo throws into doubt the future of the federal statute that prohibits price discrimination and other anticompetitive practices, say attorneys at V&E.

  • Series

    Running Marathons Makes Me A Better Lawyer

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    After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.

  • 3 Takeaways From Recent Cyberattacks On Healthcare Cos.

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    For the healthcare industry, the upward trend in styles of cyberattacks, costs, and entities targeted highlights the critical importance of proactive planning to help withstand the operational, legal and reputational turmoil that can follow a data breach, say attorneys at Troutman Pepper.

  • Tips To Avoid Consumer Tracking Tech Class Actions

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    Recent class actions alleging Trade Desk illegally tracked millions of consumers through its advertising platform highlight growing data privacy compliance concerns over digital tracking practices, but there are disclosure best practices businesses can take to reduce litigation risk, says David Wheeler at Neal Gerber.

  • Series

    Law School's Missed Lessons: Supporting A Trial Team

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    While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.

  • Opinion

    Address Nationwide Injunction Issues With Random Venues

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    Many of the qualms about individual district court judges' authority to issue nationwide injunctions could be solved with a simple legislative solution: handling multiple complaints about the same agency action filed in different district courts by assigning a venue via random selection, says Harvey Reiter at Stinson.

  • ÃÛÌÒÊÓÆµ Industry Impact Uncertain Amid Priority Shift, Staff Cuts

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    A recent enforcement memo outlines how the Consumer Financial Protection Bureau's regulatory agenda diverges from that of the previous administration, but, given the bureau's planned reduction in force, it is uncertain whether the agency will be able to enforce these new priorities, say attorneys at Troutman Pepper.

  • Lessons From FTC Action On Dark Patterns In User Interfaces

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    The Federal Trade Commission's recent complaint against Uber for its billing and cancellation practices comes amid other actions addressing consumer confusion and deception, so it is paramount to deploy tools that assess customers' cognitive states of mind to separate lawful marketing from misconduct, says Ceren Canal Aruoba at Berkeley Research Group.

  • Series

    Adapting To Private Practice: From US Attorney To BigLaw

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    When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.

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