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Consumer Protection

  • July 16, 2025

    8th Circ. Sends Part Of OptumRx Pricing Fight To Arbitration

    The Eighth Circuit partially reversed a ruling Wednesday that denied pharmacy benefits manager OptumRx's bid to send a drugstore's proposed class action over generics prescription reimbursements to arbitration, finding that OptumRx waived arbitration as to three claims, but an arbitrator must decide the fate of two recently pleaded claims.

  • July 16, 2025

    House Crypto Bills Clear Procedural Hurdle After Late Stall

    Three pieces of crypto legislation moved forward late Wednesday night after stumbling at a procedural hurdle in the House of Representatives as multiple Republican lawmakers broke with their party and temporarily withheld their support.

  • July 16, 2025

    Pharmacy Benefit Managers Say Ohio Can't Recast Suit

    The state of Ohio can't "recast its complaint on appeal" in order to convince the Sixth Circuit that its enforcement suit accusing two pharmacy benefit managers of working to raise the cost of prescription drugs belongs in state court, those managers have told the appellate court.

  • July 16, 2025

    Expert Calls Tesla Autopilot Defective For Lack Of Geofencing

    An expert on autonomous systems told jurors Wednesday in a wrongful death suit over a fatal Florida Keys crash that Tesla's autopilot system is defective because the company allows the autopilot to be engaged on roads for which it is explicitly not designed.

  • July 16, 2025

    Maine Clinics Sue Over Medicaid Ban On Abortion Providers

    A Maine family planning organization sued the U.S. Department of Health and Human Services on Wednesday over abortion-related Medicaid restrictions outlined in President Donald Trump's budget act, saying they violate constitutional equal protection rights.

  • July 16, 2025

    Meta Wanted To Shield Zuckerberg From FTC Suit, Chancery Told

    A former Facebook director testified Wednesday that company directors resisted federal efforts to include CEO Mark Zuckerberg as a defendant in a privacy breach suit that settled for $5 billion in 2019, starting a Delaware trial on a derivative stockholder suit to recover the payout.

  • July 16, 2025

    Amazon Beats Class Suit Over Prime Video Ads For Good

    A Washington federal judge has permanently ended a proposed class action against Amazon.com Inc. over the introduction of commercials on the company's Prime Video streaming service, reiterating on Wednesday her prior ruling that the company's subscriber terms permitted the change.

  • July 16, 2025

    Crypto Treasuries Gain Traction, But Regulatory Risk Remains

    Public companies are increasingly adding digital assets to their corporate treasuries amid a more favorable regulatory environment for crypto, but attorneys on the deals say they're still counseling clients to be prepared to pivot if policy winds change.

  • July 16, 2025

    AvalonBay Looks To Exit DC's RealPage Case Again

    Real estate investment trust AvalonBay has asked to end the claims against it in the D.C. attorney general's case accusing RealPage of helping more than a dozen building owners inflate rental prices by using its software, after enforcers renewed their claims against the landlord earlier this year.

  • July 16, 2025

    FCC Looks To Streamline Regs For Enviro Reviews

    The Federal Communications Commission expects to move a plan forward in August that would overhaul its rules for scrutinizing telecom and broadband projects under the National Environmental Policy Act.

  • July 16, 2025

    9th Circ. Tosses Atty-Farmer's Suit Over USDA Organic Label

    The Ninth Circuit on Tuesday upheld a U.S. Department of Agriculture rule allowing farm collectives in the U.S. and other countries to be certified as "organic" under one certificate and not inspected annually, tossing an attorney-turned-Oregon hazelnut farmer's suit alleging Turkish growers were defrauding the system.

  • July 16, 2025

    NBA Bolsters Case For Justices To Review VPPA Scope

    The NBA is amplifying its push for the U.S. Supreme Court to review a Second Circuit decision that revived a Video Privacy Protection Act suit against the league for sharing user data, saying appellate courts have splintered on the issue since it filed its March petition.

  • July 16, 2025

    Charter, Cox Ask FCC To Approve $34.5B Combination

    Charter Communications and Cox Communications asked federal telecom regulators this week to approve their $34.5 billion megadeal to combine into a broadband, video and mobile services behemoth.

  • July 16, 2025

    Juul Fights Bid To Revive Price Discrimination Suit

    Juul Labs urged an Illinois federal court not to revive a gas station distributor's case accusing the e-cigarette company of giving a rival wholesaler a better deal, saying the court was right to toss the latest complaint because it failed to say where the wholesalers compete.

  • July 16, 2025

    Refused NFL Goods Sale Not Antitrust Harm, Judge Says

    An online merchant blocked from selling licensed NFL merchandise on Amazon.com and Walmart.com by league policies restricting online sales to approved retailers has two weeks to fix its proposed class action claims after a New York federal judge said that the contested restrictions do not trigger U.S. antitrust law.

  • July 16, 2025

    DOJ Tells FCC Terminals Critical To Undersea Cable Security

    The U.S. Department of Justice is calling for new Federal Communications Commission rules to better protect undersea cable systems from foreign adversaries, saying cable licensees should have to report information about nonlicensee entities that operate equipment on submarine cables landing in the U.S.

  • July 16, 2025

    Dems Ask FCC To Drop CBS Probe, Cite Fox 'Double Standard'

    U.S. Senate Democrats are calling on the Federal Communications Commission to drop its probe into alleged news distortion at CBS, claiming there's a "double standard" based on a Fox News interview with President Donald Trump last year about the Jeffrey Epstein case.

  • July 16, 2025

    Texas Launches Investigation Into Mars Inc.'s Use Of Dyes

    Texas announced Wednesday an investigation into Mars Inc. over its use of artificial dyes in its food products, adding to the state's string of recent investigations into companies for allegedly deceptive marketing relating to their use of dyes in food.

  • July 16, 2025

    NC Rec Center Immune In Overheating Wrongful Death Suit

    A North Carolina state appeals panel on Wednesday cleared a Scotland County recreational center in a suit alleging that its negligence led to the death from overheating of a basketball player, finding that the center is entitled to governmental immunity.

  • July 16, 2025

    Calif. Senate Won't Tackle Consumer Internet Cap

    State legislation to limit how much companies can charge consumers for internet service in California has been pulled from consideration in the state's Senate, for now, the bill's sponsor told Law360 Wednesday.

  • July 16, 2025

    Utah Judge Ends Startup's Antitrust Suit Against NAR, Brokerages

    A Utah federal judge permanently tossed an antitrust suit lodged by a residential brokerage startup against the National Association of Realtors and multiple brokerages, ruling that the claims were time-barred.

  • July 16, 2025

    Kratom Seltzers 'Addictive,' Wash. Class Suit Alleges

    A proposed class of kratom product buyers is suing Mitra-9 Brands LLC in Washington federal court, alleging that the company knew — but failed to warn customers — that the products are addictive in the same way as opioids and can cause withdrawal symptoms.

  • July 15, 2025

    HomeServices, Douglas Elliman Nix Broker Fee Antitrust Suit

    HomeServices of America and Douglas Elliman escaped homebuyers' proposed antitrust class action alleging real estate agents conspired to artificially inflate broke service commissions for home sales, after a Florida federal judge ruled the buyers lacked standing since home sellers are the ones who paid those commission fees. 

  • July 15, 2025

    GTCR Seeks Rival's Sales Data To Counter FTC Challenge

    The private equity firm looking to buy medical device coating company Surmodics is seeking Salesforce data from another competitor in the space, saying the information is crucial to showing that the industry will still be competitive if its acquisition is cleared.

  • July 15, 2025

    Tornado Founder Wasn't In On Crypto Laundering, Jury Told

    Counsel for a Seattle-area software developer and co-founder of Tornado Cash told a New York federal jury on Tuesday that he had nothing to do with North Korean cybercriminals and others who used the cryptocurrency mixer to launder more than $1 billion in ill-gotten gains.

Expert Analysis

  • 2nd Circ. Limits VPPA Liability, But Caveats Remain

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    The Second Circuit's narrowed scope of the Video Privacy Protection Act in Solomon v. Flipps Media, in which the court adopted the ordinary person standard, will help shield businesses from VPPA liability, but the decision hardly provides a free pass to streamers and digital media companies utilizing website pixels, say attorneys at Frankfurt Kurnit.

  • Measuring The Impact Of Attorney Gender On Trial Outcomes

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    Preliminary findings from our recent study on how attorney gender might affect case outcomes support the conclusion that there is little in the way of a clear, universal bias against attorneys of a given gender, say Jill Leibold, Olivia Goodman and Alexa Hiley at IMS Legal Strategies.

  • The Ins And Outs Of Consensual Judicial References

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    As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.

  • Opinion

    The BigLaw Settlements Are About Risk, Not Profit

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    The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale.

  • Current Antitrust Zeitgeist May Transcend Political Parties

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    The Trump administration's "America First" antitrust policy initially suggests a different approach than the Biden administration's, but closer examination reveals key parallels, including a broad focus on anticompetitive harm beyond consumer welfare and aggressive enforcement of existing laws, say attorneys at Arnold & Porter.

  • Neb.'s Cannabis Regulatory Void Poses Operational Risks

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    With the Nebraska Legislature recently declining to advance any cannabis legislation, leaving the state without a regulatory framework for voter-passed initiatives, the risks of operating without clear rules will likely affect patients, providers and caregivers, says John Cartier at Omnus Law.

  • Fla. Bill May Curb Suits Over Late-Night Collections Emails

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    A recently passed Florida bill exempting email communications from the Florida Consumer Collection Practices Act's quiet hours ban may significantly reduce frivolous lawsuits aimed at creditors and debt collectors who use email communications to collect outstanding balances from consumers, say attorneys at Holland & Knight.

  • 4 States' Enforcement Actions Illustrate Data Privacy Priorities

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    Attorneys at Wilson Elser examine recent enforcement actions based on new consumer data privacy laws by regulators in California, Connecticut, Oregon and Texas, centered around key themes, including crackdowns on dark patterns, misuse of sensitive data and failure to honor consumer rights.

  • Google Ad Tech Ruling Creates Antitrust Uncertainty

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    A Virginia federal court’s recent decision in the Justice Department’s ad tech antitrust case against Google includes two unusual aspects in that it narrowly construed U.S. Supreme Court precedent when rejecting Google's two-sided market argument, and it found the company liable for unlawful tying, say attorneys at Ballard Spahr.

  • Series

    Brazilian Jiujitsu Makes Me A Better Lawyer

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    Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.

  • Birthright Ruling Could Alter Consumer Financial Litigation

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    The U.S. Supreme Court’s upcoming decision about the validity of the nationwide injunctions in the birthright citizenship cases, argued on May 15, could make it much harder for trade associations to obtain nationwide relief from the Consumer Financial Protection Bureau's enforcement of invalid regulations, says Alan Kaplinsky at Ballard Spahr.

  • Oft-Forgotten Evidence Rule Can Be Powerful Trial Tool

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    Rule 608 may be one of the most overlooked provisions in the Federal Rules of Evidence, but as a transformative tool that allows attorneys to attack a witness's character for truthfulness through opinion or reputation testimony, its potential to reshape a case cannot be overstated, says Marian Braccia at Temple University Beasley School of Law.

  • FDA Commissioner Speech Suggests New Vision For Agency

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    In his first public remarks as U.S. Food and Drug Administration commissioner, Marty Makary outlined an ambitious framework for change centered around cultural restoration, scientific integrity, regulatory flexibility and selective modernization, and substantial enforcement shifts for the food and tobacco sectors, say attorneys at Arnall Golden.

  • Signed, Sealed, Deleted: A Look At The California Delete Act

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    The California Delete Act, proposed Delete Request and Opt-Out Platform regulations, and California Privacy Protection Agency enforcement raise a number of compliance considerations — even for data brokers that have existing deletion processes in place, say attorneys at Hunton.

  • AG Watch: Texas Expands Use Of Consumer Protection Laws

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    In recent years under Attorney General Ken Paxton, Texas has demonstrated the breadth of its public interest authority by bringing actions in areas not traditionally associated with consumer protection law, including recent actions involving sports and public safety, say attorneys at Kelley Drye.

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