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Consumer Protection
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October 06, 2025
Suit Aims To 'Claw Back' Kalshi's Ga. Predictions Proceeds
Kalshi Inc. and Robinhood are among a slew of defendants who have been sued in Georgia over allegations that the companies' so-called prediction markets are sidestepping the Peach State's ban on gambling, adding to a growing roster of litigation stemming from the companies' business practices.
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October 06, 2025
Google Judge Anticipates 'Fine-Tuning' Ad Tech Remedies
The Justice Department and Google questioned their last witnesses Monday in a fight over whether to break up the company's advertising placement technology business, in a two-hour hearing with a rebuttal witness, a rare surrebuttal witness, and an acknowledgment from the Virginia federal judge overseeing the case that even after she delivers her final judgment, it might need revisions in the future.
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October 06, 2025
Coinbase Seeks OCC Charter To Expand Custody Business
Crypto exchange Coinbase is seeking a national trust company charter from the Office of the Comptroller of the Currency to expand its custody business and related services, joining a growing number of digital asset firms pursuing federal bank charters.
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October 06, 2025
Kratom, Kava Makers Sue Utah Over 'Arbitrary' Product Ban
Businesses that market psychoactive products derived from the kratom leaf and kava root have filed a federal lawsuit against Utah regulators challenging the constitutionality of new rules blocking the sale of their wares in the state.
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October 06, 2025
Neuriva 'Brain Health' Products Don't Work, Class Suit Claims
A proposed class of buyers sued Reckitt Benckiser LLC in Illinois federal court on Monday, alleging its Neuriva line of products make promises about supporting brain health that they come nowhere near delivering.
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October 06, 2025
Law Profs Say CareDx False Ad Verdict Should Stand
Two law professors have urged the Third Circuit to grant medical testing company CareDx's request for another chance to argue why its $45 million false advertising verdict against a rival should be reinstated, saying a ruling nixing the verdict will disallow juries from using circumstantial evidence and encourage false advertisers to "try their luck."
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October 06, 2025
Catching Up With Delaware's Chancery Court
Last week, the owner of the Kentucky Derby was hit with a suit accusing it of withholding escrow funds for environmental compliance violations owed under a 2022 deal with hospitality company Enchantment Holdings LLC.
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October 06, 2025
NC Chamber Says AG Overstepping In DuPont Pollution Suit
The North Carolina Chamber has urged the state's top court to review a forever chemical contamination suit against two DuPont spinoffs, saying state Attorney General Jeff Jackson is "driving far outside of his lane" by continuing to press forward with the case.
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October 06, 2025
Buyers Launch False Ad Suit Over Trader Joe's Probiotics
Two buyers have hit Trader Joe's Co. with a proposed class action alleging that the store's probiotics products contain far fewer "good bacteria" than advertised, with less than 8 billion colony forming units rather than the 30 billion the store claims.
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October 06, 2025
State Farm Underpaid Totaled Vehicle Claims, NC Drivers Say
A proposed class of drivers told a North Carolina federal court that State Farm has systematically manipulated data in vehicle valuation reports to underpay policyholders' claims for totaled vehicles in violation of the state's total loss regulation.
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October 06, 2025
FirstEnergy Pushes Justices To Restore FERC Grid Incentive
FirstEnergy Corp. has said electricity markets would be roiled by uncertainty if the U.S. Supreme Court doesn't undo the Federal Energy Regulatory Commission's revocation of an incentive for power companies that are required to be members of a regional transmission organization.
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October 06, 2025
Land Buying Co. Hit With TCPA Suit In NC
A North Carolina-based land buying company wrongfully sent unsolicited text messages to people who were on the National Do Not Call Registry, according to a proposed class action filed in North Carolina federal court.
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October 06, 2025
Justices Won't Hear Coinbase's Calif. Arbitration Challenge
The U.S. Supreme Court on Monday declined to take up a case from Coinbase over whether federal arbitration laws preempt a California high court precedent that enabled a group of users to keep the crypto exchange in court over claims it misrepresented the security of its platform.
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October 06, 2025
Justices Won't Review Blacklisting Case Against LegitScript
The U.S. Supreme Court refused Monday to review a bid from LegitScript to duck an antitrust case accusing it of blacklisting a drug price checking website despite contentions that it facilitates illegal imports of prescription drugs.
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October 06, 2025
Justices Won't Hear Nissan Sunroof Defect Class Spat
The U.S. Supreme Court on Monday declined to take up Nissan North America Inc.'s bid to unravel certified classes of drivers alleging the automaker sold vehicles with defective panoramic sunroofs, a case that sought additional clarity on standards that might allow uninjured plaintiffs to pursue class claims against corporate defendants.
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October 03, 2025
Up First At High Court: Election Laws & Conversion Therapy
The U.S. Supreme Court will hear oral arguments in six cases during the first week of its October 2025 term, including in disputes over federal candidates' ability to challenge state election laws, Colorado's ban on conversion therapy, and the ability of a landlord to sue the U.S. Postal Service for allegedly refusing to deliver mail.
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October 03, 2025
SEC Lands $4M Judgment In Advisory Firm Fraud Case
A defunct investment advisory firm is on the hook for a $2 million civil penalty and, together with its former co-owner, another $2 million in disgorgement as part of a resolution of a U.S. Securities and Exchange Commission suit accusing the co-owner of siphoning funds from her elderly female advisory clients.
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October 03, 2025
'Self-Inflicted' Harm Can't Prop Up Ill. Publicity Suit
An Illinois federal judge has tossed a proposed class action accusing people search site InfoTracer of illegally using individuals' names and likenesses to advertise its products, finding that the only harm alleged was "self-inflicted" because the plaintiff had failed to show that anyone other than her own counsel had searched for her information.
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October 03, 2025
Google Ad Tech Judge: 'We Don't Know' Breakup Buyer
A Virginia federal judge questioned Friday whether the breakup of Google's advertising placement technology business sought by the U.S. Department of Justice would benefit website publishers as a government witness asserted.
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October 03, 2025
Meta Gets Facebook Ad Overcharging Suit Tossed, For Now
A California federal judge on Friday dismissed a proposed class action from Iron Tribe Fitness claiming Meta Platforms Inc. secretly overcharged Facebook advertisers $4 billion by using an undisclosed auction system, but gave the fitness company the opportunity to submit a bolstered complaint.
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October 03, 2025
4 Top Supreme Court Cases To Watch This Term
After a busy summer of emergency rulings, the U.S. Supreme Court will kick off its October 2025 term Monday with only a few big-ticket cases on its docket — over presidential authorities, transgender athletes and election law — in what might be a strategically slow start to a potentially momentous term. Here, Law360 looks at four of the most important cases on the court's docket so far.
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October 03, 2025
FCC Hears Prison Phone Companies' Calls To Drop Rate Caps
The Federal Communications Commission wants to drop the rate caps that the previous administration's FCC set for prison phone services, according to an announcement Friday from the agency.
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October 03, 2025
6th Circ. Will Hear Ohio PBM Fight Arguments In December
The Sixth Circuit will hear arguments from the state of Ohio and the pharmacy benefit managers it's accusing of colluding to raise the price of prescription medications in December to decide whether the matter belongs in state or federal court.
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October 03, 2025
Politico Data Tracking Suit Sent Back To Calif. State Court
A California federal court has thrown out a proposed class action against Politico claiming the online news outlet unlawfully installed third-party trackers on users' browsers to collect data and personally identifying information without their consent, sending the case back to state court.
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October 03, 2025
High Court Broker Negligence Case 'Pivotal' For Trucking
The U.S. Supreme Court grabbed an opportunity to smooth out splintered circuit court rulings on whether freight brokers might also be liable for roadway accidents that have killed or injured people, potentially providing long-sought clarity to middlemen in a trucking and logistics sector unnerved by recent supersized verdicts against carriers and drivers.
Expert Analysis
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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Compliance Changes On Deck For Banks Under Texas AI Law
Financial services companies, including banks and fintechs, should evaluate their artificial intelligence usage to prepare for Texas' newly passed law regulating AI governance, noting that the enforcement provisions provide for an affirmative defense to liability, say attorneys at Mitchell Sandler.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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23andMe Fine Signals ICO's New GDPR Enforcement Focus
Many of the cybersecurity failures identified by the Information Commissioner’s Office in its investigation of 23andMe, recently resulting in a £2.3 million fine, were basic lapses, but the ICO's focus on several new U.K. General Data Protection Regulation considerations will likely carry into the future, say lawyers at Womble Bond.
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How Courts Are Addressing The Use Of AI In Discovery
In recent months, several courts have issued opinions on handling discovery issues involving artificial intelligence, which collectively offer useful insights on integrating AI into discovery and protecting work product in connection with AI prompts and outputs, says Philip Favro at Favro Law.
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Midyear Rewind: How Courts Are Reshaping VPPA Standards
The first half of 2025 saw a series of cases interpreting the Video Privacy Protection Act as applied to website tracking technologies, including three appellate rulings deepening circuit splits on what qualifies as personally identifiable information and who qualifies as a consumer under the statute, say attorneys at Perkins Coie.
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Tips For Crypto AI Agent Developers Under SEC Watch
With agents powered by artificial intelligence increasingly making decisions in the cryptocurrency world, there's a chance the U.S. Securities and Exchange Commission could use the Investment Advisers Act to regulate this technology in financial services, but there are ways developers can mitigate regulatory risks, say attorneys at Morrison Cohen.
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What's Next For CFPB After 'Big Beautiful' Funding Cuts
While the One Big Beautiful Bill Act's funding cuts to the Consumer Financial Protection Bureau are unlikely to have an independent effect in the short run, they could exacerbate the existing issue of wide regulatory fluctuations in successive administrations in the longer run, say attorneys at Covington.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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4 In-Flux Employment Law Issues Banks Should Note
Attorneys at Ogletree provide a midyear update on employment law changes that could significantly affect banks and other financial service institutions — including federal diversity equity and inclusion updates, and new and developing state and local artificial intelligence laws.
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New DOJ Penalty Policy Could Spell Trouble For Cos.
In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.
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Influencer Marketing Partnerships Face Rising Litigation Risk
In light of recent class actions claiming that brands and influencers are misleading consumers with deceptive marketing practices — largely premised on the Federal Trade Commission's endorsements guidance — proactive compliance measures are becoming more important, say attorneys at Olshan Frome.
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5 Consumer Protection Compliance Issues In NY State Budget
Companies that engage with New York consumers should promptly familiarize themselves with new state budget provisions that require finance and retail companies to make certain business practices more transparent and easier for customers to execute, say attorneys at Mintz.
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High Court Cert Spotlights Varying Tests For Federal Removal
A recent decision by the U.S. Supreme Court to review Chevron v. Plaquemines Parish, a case involving the federal officer removal statute, highlights three other recent circuit court decisions raising federal removal questions, and serves as a reminder that defendants are the masters of removal actions, says Varun Aery at Hollingsworth.
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Open Banking Is On Ice As CFPB Seeks To Toss Its Own Rule
Even as the Consumer Financial Protection Bureau's efforts to toss its open banking rule play out in Kentucky federal court, it remains statutorily required to effectuate consumer access to data, raising questions about how it would replace the previously finalized standard, say attorneys at Cooley.