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Consumer Protection
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February 18, 2026
Smith & Wesson Gets Suit Over Tracking Cookies Pared Down
A California federal judge has cut state wiretap law and several other claims from a proposed class action accusing Smith & Wesson of illegally gathering browsing data from website visitors who rejected the use of tracking cookies, while preserving allegations that the firearm manufacturer facilitated third parties' privacy intrusions.
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February 18, 2026
Birkin Bag Fans Appeal Hermès' 'Predetermined' Antitrust Win
Shoppers urged the Ninth Circuit Wednesday to revive their proposed class action accusing Hermès of illegally tying the sale of its iconic Birkin handbags to other expensive luxury items, arguing that the lower court erroneously "predetermined" the outcome of their case even before they filed their latest complaint.
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February 18, 2026
Zuckerberg Testifies That Social Media Doesn't Harm Teens
Meta Platforms CEO Mark Zuckerberg took the stand Wednesday in a landmark California bellwether trial on claims his company and Google's YouTube harm children's mental health, saying the current scientific literature shows no causal link between social media and teens' mental health.
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February 18, 2026
Trans Health Org Sues To End 'Unconstitutional' FTC Inquiry
The World Professional Association for Transgender Health on Wednesday sued over the Federal Trade Commission's recent consumer protection investigation into the major transgender medical group, claiming the probe is an unconstitutional attack aimed at undermining access to gender-affirming care.
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February 18, 2026
Duke Energy's $17M Fuel Cost Recovery Improper, Panel Says
The North Carolina Utilities Commission was wrong to let Duke Energy recover over $17 million in fuel costs two years after they were incurred, a North Carolina appeals court panel ruled Wednesday, finding that a statute permits utilities to recover only the fuel costs incurred during a one-year "lookback period."
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February 18, 2026
Education Dept. Faces Suit Alleging Double Loan Reporting
The U.S. Department of Education has been causing student loan balances to appear doubled on borrowers' credit reports, a New York resident alleged in a proposed class action filed Wednesday in New York federal court, saying her $150,000 total loan balance was reported at $300,000.
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February 18, 2026
Blue Shield Of Calif. Says 'Ghost Network' Action Falls Flat
Trouble finding a mental health care therapist is unfortunate but not something that an entire class action can be based on, argued Blue Shield of California, urging a federal judge to dismiss a suit accusing the company of maintaining a "ghost network" directory of providers who don't exist or don't accept new patients.
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February 18, 2026
Halfday's 'Gut Healthy' Teas Aren't That Gut Healthy, Suit Says
Halfday was hit with a proposed class action in New York federal court on Tuesday, alleging it deceptively advertises its iced teas as having "prebiotic benefits" despite the fact that they only contain six grams of soluble fiber, which is unlikely to have any meaningful effect on consumers' gut health.
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February 18, 2026
Robinhood Clears Fla. AG Probe Of Crypto Platform Marketing
Robinhood Markets Inc. told investors on Wednesday that Florida's attorney general has closed an investigation into the marketing practices of its crypto trading arm, ending a probe that had scrutinized whether the company misled customers about trading costs.
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February 18, 2026
Government Drops Case Over Referrals-For-Kickback Scheme
A Texas federal judge tossed an indictment accusing about a dozen physicians and pharmacists of running a sprawling patient referral scheme, ending allegations that the pharmacists gave the doctors kickbacks in exchange for expensive prescriptions fillable at specific pharmacies.
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February 18, 2026
Live Nation Antitrust Claims Heading To Trial
A New York federal judge on Wednesday refused a bid from Live Nation Entertainment Inc. to avoid a looming trial in a case from the U.S. Department of Justice and state enforcers accusing it of monopolizing the live entertainment industry.
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February 18, 2026
Live Nation Can't Exit Suit Over Fatal Music Festival Shooting
A lawsuit against Live Nation over two concertgoers' deaths in a 2023 shooting at the Beyond Wonderland music festival will move forward following a Washington state judge's rejection of the entertainment giant's argument that the event was unforeseeable.
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February 18, 2026
BofA Military Interest Cap Suit Should Be Tossed, Judge Says
A North Carolina federal judge has recommended tossing a proposed class action accusing Bank of America of violating an interest cap law for military service members, saying the veteran plaintiffs have failed to allege any actual violations of federal or state law.
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February 18, 2026
Trump Admin Doubles Down At DC Circ. In Fight Over CFPB
The Trump administration has pressed the D.C. Circuit to lift an injunction barring mass layoffs at the Consumer Financial Protection Bureau, slamming it as a "sweeping intrusion" on agency management that rests on incorrect speculation about what the end goal is.
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February 18, 2026
Reddit Must Face Privacy Suit Over LiveRamp Tracker
Reddit lost its bid to nix a proposed class action alleging the social media platform violated a California privacy statute by placing a LiveRamp tracker on its website to gather visitor information for targeted advertising, after a federal judge ruled Tuesday that the tracker is plausibly a "pen register" under state law.
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February 18, 2026
DOJ Allowed To Dictate Pay, Term Of Google Search Watchers
A D.C. federal judge sided with the U.S. Department of Justice on Tuesday regarding the key terms of service for the five-member technical committee tasked with observing Google's compliance with mandates to prop up rival search engines with search results and data.
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February 18, 2026
FCC Pulls 'Zombies' Named By Inspector General Off Lifeline
The Federal Communications Commission's chief said Wednesday that people wrongly enrolled in Lifeline as identified by the FCC inspector general have been removed from the telecom subsidy program, amid the FCC floating reforms to tamp down fraud.
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February 18, 2026
Mass. Judge Won't Let DraftKings Off Hook In Bonus Suit
A Massachusetts state judge has refused an early win to DraftKings on claims it ran a misleading promotion for new users of its online sportsbook, with the judge excluding from consideration after-the-fact re-creations of how the fine print was displayed to users.
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February 18, 2026
Judge Rejects FTC's Emergency Bid To Spare Merger Rule
The Federal Trade Commission has just until Thursday to obtain Fifth Circuit intervention after a Texas federal judge refused Wednesday to extend his seven-day pause on the order scrapping the agency's premerger reporting overhaul.
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February 18, 2026
Social Media Cos. Can't Nix Experts In Schools' Health Trial
The California federal judge overseeing multidistrict litigation claiming social media harms kids' mental health denied bids by Meta, TikTok, Google and SnapChat to block six experts' testimony on the alleged disruption and costs to school districts from a June bellwether trial over a Kentucky school district's claims.
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February 18, 2026
Amazon Rips FTC's 'Farfetched' Antitrust Discovery Refusals
Amazon slammed the Federal Trade Commission on Tuesday for treating discovery "as a one-way road" in the agency's antitrust case against the e-commerce giant, calling on a Seattle federal judge to again order the agency to cough up answers that the company says are key to formulating its defense.
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February 18, 2026
Meta Pixel Tracking Suit Tossed Over Lack Of Standing
A North Carolina federal judge has ruled that a prospective class of Nurse.com users lacked standing to sue the website's operator for Video Privacy Protection Act violations for allegedly sharing customers' information with Meta Platforms Inc. without permission.
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February 18, 2026
Texas AG Sues Drone-Maker Over Alleged Ties To Chinese Co.
Texas Attorney General Ken Paxton has sued a Texas drone-maker, accusing it of selling rebranded DJI drones and posing national security risks given DJI's links to the Chinese Communist Party.
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February 18, 2026
Tesla Scores FCC Waiver For EV Positioning Technology
Tesla has convinced the Federal Communications Commission to make some exceptions to its rules for ultra-wideband devices — specifically a requirement that they be handheld — so that it can use the technology to help its vehicles self-park on charging pads.
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February 18, 2026
Texas AG Says Hospital Violated Gender-Affirming Care Ban
Texas Attorney General Ken Paxton sued the Children's Health System of Texas on Wednesday, alleging it performed gender-affirming care on children through puberty blockers and cross-sex hormones despite a state law banning the treatments.
Expert Analysis
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A 6th Circ. Snapshot: 3 Cases That Defined 2025
With more than a thousand opinions issued this year, three rulings from the Sixth Circuit stood out for the impact they'll have on the practice of civil procedure, including a net neutrality decision, a class certification standards ruling and an opinion about vulgarity in school, say attorneys at Ice Miller.
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The CFTC's Road Ahead Under Newly Confirmed Chair
Michael Selig's Dec. 18 confirmation as U.S. Commodity Futures Trading Commission chair comes at a critical juncture, as the agency is poised to gain oversight over the crypto industry and increase its jurisdictional mandate covering prediction markets, says Elizabeth Lan Davis at Davis Wright.
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How Fractional GCs Can Manage Risks Of Engagement
As more organizations eliminate their in-house legal departments in favor of outsourcing legal work, fractional general counsel roles offer practitioners an engaging and flexible way to practice at a high level, but they can also present legal, ethical and operational risks that must be proactively managed, say attorneys at Boies Schiller.
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Changes In Crypto, Cybersecurity Defined NY Banking In 2025
The major takeaways from 2025 in New York banking policy involve updated guidance, regulations and requirements primarily affecting innovation and digital banking, in areas such as cybersecurity, virtual currencies, and buy now, pay later programs, say attorneys at Steptoe.
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Reviewing 2025's Most Pertinent Wiretap Developments
2025 was a remarkable year in the world of web tracking wiretapping litigation, not only for the increased caseload but also because of numerous developing theories of liability, with disputes expected to continue unabated in 2026, say attorneys at Squire Patton.
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7 Strategies To Optimize Impact Of Direct Examination
Direct examination is a make-or-break opportunity to build a witness’s credibility, so attorneys should adopt a few tactics — from asking so-called trust-fall questions to preemptively addressing weaknesses — to drive impact and retention with the fact-finder, says Allison Rocker at Baker McKenzie.
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Series
Nature Photography Makes Me A Better Lawyer
Nature photography reminds me to focus on what is in front of me and to slow down to achieve success, and, in embracing the value of viewing situations through different lenses, offers skills transferable to the practice of law, says Brian Willett at Saul Ewing.
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2025 Brought A New Paradigm For Federal Banking Regulation
A series of thematic shifts defined banking regulation in 2025, including a fundamental reform of prudential supervision, a strategic easing of capital constraints, steps to streamline merger reviews, and a new framework for fair access and entrants seeking to offer banking services, say attorneys at Simpson Thacher.
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What Defense Teams Must Know About PFAS Testing Methods
Whether testing for per- and polyfluoroalkyl substances produces results meaningful for litigation depends on the validity of the sampling methodology — so effectively defending these claims requires understanding the scientific and legal implications of different PFAS testing protocols, say attorneys at Hollingsworth.
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How Cos. Can Roll With NY's New Algorithmic Pricing Rules
Despite uncertainty from New York’s new ban on artificial intelligence and computer algorithms for setting rents, and efforts to further restrict individualizing prices based on consumers' personal data, property managers, software providers and merchants can take several steps to stay compliant, say attorneys at Foley & Lardner.
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2025 State AI Laws Expand Liability, Raise Insurance Risks
As 2025 nears its end, claims professionals should be aware of trends in state legislation addressing artificial intelligence use, as insurance claims based on some of these liability-expanding statutes are a certainty, say attorneys at Wiley.
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Series
Law School's Missed Lessons: Practical Problem Solving
Issue-spotting skills are well honed in law school, but practicing attorneys must also identify clients’ problems and true goals, and then be able to provide solutions, says Mary Kate Hogan at Quarles & Brady.
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Crypto In 2025: From Federal Deregulation To State Action
The cryptocurrency enforcement landscape evolved in 2025, marked by federal deregulatory trends and active state attorney general enforcement, creating both opportunity and risk for businesses navigating the digital asset market, say attorneys at Cozen O'Connor.
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How CFTC Enforcement Shifted In 2025 And What's Next
The U.S. Commodity Futures Trading Commission pivoted sharply under acting Chairman Caroline Pham in 2025, resulting in a pared-back enforcement docket, sweeping policy changes intended to provide greater transparency, and a renewed focus on fraud prevention and maintaining market integrity for the CFTC's core markets, say attorneys at Moore & Van Allen.
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Reviewing 2025's State And Federal AI Regulations
In light of increasing state and federal action to oversee the use of artificial intelligence, companies that develop or deploy the technology should keep abreast of current and forthcoming AI laws and consider their applicability to their business activities, says Jessica Brigman at Spencer Fane.