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Consumer Protection
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February 04, 2026
Calif. Court Revives Walmart Worker's Background Check Suit
California appellate justices Wednesday revived a Walmart employee's lawsuit alleging the retailer added extraneous consumer reporting agencies in a background check notice during her hiring process, finding she has standing since Walmart obscured the specific agency that provided the report and the ways she could contact the agency to fix errors.
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February 04, 2026
HPE Backs DOJ Bid For Final Merger Deal Approval
Hewlett Packard Enterprise has endorsed the Justice Department's bid for final approval of a controversial settlement permitting the $14 billion purchase of Juniper Networks, telling a California federal judge that Democratic state attorneys general have nothing but "vague and inaccurate accusations" that the deal was improper.
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February 04, 2026
JetBlue Hid Toxic 'Bleed Air' Fumes, Flight Attendant Says
JetBlue Airways Corp. is accused of engaging in a decades-long cover-up to downplay or conceal the health risks of onboard "fume events" that subject flight crews and passengers to toxic engine air, according to a flight attendant's lawsuit in North Carolina state court.
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February 04, 2026
Parent Tells 9th Circ. Roblox Can't Arbitrate Suit
A parent has urged the Ninth Circuit to uphold a lower court's ruling that Roblox can't arbitrate claims that his daughter was preyed upon by adults on the popular gaming platform, since it was his minor child, not him, who made purchases on the app.
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February 04, 2026
CFTC Withdraws Proposal To Ban Sports, Election Contracts
U.S. Commodity Futures Trading Chair Michael Selig on Wednesday withdrew a 2024 proposed rule that would have banned trading on the outcome of elections and sporting events, saying the agency will instead float a new rule that promotes "innovation" in derivatives markets.
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February 04, 2026
Partisan Permit Reform Won't Last In Long Run, Dem Says
A Democratic member of the House Energy and Commerce Committee on Wednesday called for bipartisan reform of state and local broadband permitting laws, saying a GOP approach that excludes the other side could stymie the legislation.
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February 04, 2026
Clemency Was 'Broken' Long Before Trump. Can It Be Fixed?
President Donald Trump has transformed what has historically been a bureaucratic process for seeking federal pardons and commutations into a more freewheeling affair with few clear rules — and no easy solutions for reform, experts say.
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February 04, 2026
Walgreens Says Audio Recording Refutes Shareholders' Claim
Walgreens told an Illinois federal judge Tuesday that newly discovered evidence warrants revisiting a decision allowing shareholders' claim over an executive's allegedly false statement to move forward, saying an audio recording shows "no basis to conclude the actual statement was false or misleading when made."
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February 04, 2026
Hartford HealthCare Must Provide Docs On $86M Takeovers
Hartford HealthCare Corp. must hand over internal documents detailing its $86.1 million acquisitions of two hospitals from bankrupt Prospect Medical to a group of plaintiffs who accuse the health system of trying to create a monopoly for inpatient hospital services, a Connecticut state court judge has ruled.
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February 04, 2026
Pa. Court Weighs Medical Marijuana Dispensary Staffing Rule
A Pennsylvania appellate court appeared uncertain on Wednesday whether a rule promulgated by state health regulators mandating every medical marijuana dispensary maintain its own medical professional for patient consultations was reasonable and consistent with state law.
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February 04, 2026
FTC Defends Case Over Zillow-Redfin Rental Ads Pact
The Federal Trade Commission is defending its antitrust case challenging a partnership between Zillow Group Inc. and Redfin Corp., telling a Virginia federal court the pact is a clear agreement between the companies to not compete for rental housing advertisements.
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February 04, 2026
USPTO's Squires Sees TMs As Key Tool Against AI Deepfakes
U.S. Patent and Trademark Office Director John Squires pitched trademarks as one of the most practical tools for combating artificial intelligence deepfakes, saying during a Wednesday webinar that name, image and likeness rights are "where the puck is going," peppering his remarks with pop culture references and sports metaphors.
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February 04, 2026
TMX Wants $52M Penalty From Pa. Banking Regulators Axed
A TitleMax affiliate urged a Pennsylvania Commonwealth Court panel on Wednesday to strike down a $52 million penalty that state banking regulators have lodged against it over alleged usury law violations, arguing that the disputed loans it provided to state residents were neither negotiated nor made in the Keystone State.
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February 04, 2026
Cresco Again Seeks Toss Of THC Potency False Ad Suit
Cresco Labs Inc. is once again pushing for dismissal of a proposed class action alleging that it deliberately mislabels its cannabis oil products to get around Illinois THC possession limits, saying the plaintiff's claims are clearly preempted by state law.
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February 04, 2026
Express Scripts Makes 'Fundamental Changes' In FTC Deal
Express Scripts on Wednesday agreed to what the Federal Trade Commission called a "landmark settlement" promising major changes to its drug formulary practices, allowing the company to duck out of a case accusing all three of the country's largest pharmacy benefit managers of inflating insulin prices through rebate schemes.
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February 03, 2026
OCC Urged To Scrap Escrow 'Giveaway' To Banks
Consumer advocates are urging the Office of the Comptroller of the Currency to abandon proposals they say would let national banks unfairly profit off homeowners' escrowed money, warning the plan unlawfully revives a rejected deregulatory playbook.
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February 03, 2026
En Banc 5th Circ. Wipes Out Airline Fees Disclosure Rule
The full Fifth Circuit on Tuesday vacated a Biden-era rule requiring airlines to more clearly disclose add-on fees upfront, this time holding that the U.S. Department of Transportation's failure to properly consider public comments warrants doing away with the rule altogether.
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February 03, 2026
Calif. Privacy Agency Taps Meta Alum To Head New Audits Unit
The California Privacy Protection Agency on Tuesday announced the creation of a new Audits Division to assess companies' compliance with the state's consumer data privacy framework and named the most recent director of public policy at social media giant Meta Platforms Inc. to lead the unit.
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February 03, 2026
DOJ, AGs Lodge Cross-Appeal Over Google Search Remedies
The U.S. Department of Justice and state enforcers on Tuesday launched an appeal of a D.C. federal judge's scaled-back remedies in their case targeting Google's search monopoly, after the tech giant filed its own appeal to knock out the penalties.
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February 03, 2026
Zillow, Microsoft Say Users' Wiretapping Case Still Falls Short
Zillow and Microsoft urged a Seattle federal judge to put an end to a proposed class action accusing Zillow of improperly using Microsoft software to track users' activity on the real estate giant's website, claiming the plaintiffs have failed to fix fundamental flaws in their case despite multiple tries.
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February 03, 2026
Calif. Cardholders Ask 2nd Circ. To Revive Swipe Fee Suit
California cardholders accusing Visa, Mastercard and other major banks of conspiring to fix interchange fees have asked the Second Circuit to revive their claims after a district court judge denied their motion for reconsideration in a long-running multidistrict litigation.
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February 03, 2026
Uber Should Pay $144M For Sex Assault By Driver, Jury Told
Uber should pay more than $144 million in compensatory and punitive damages for choosing "profit over safety," leading to the rape of a 19-year-old woman by a rideshare driver, her lawyer told an Arizona federal jury at the close of a landmark bellwether trial on Tuesday.
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February 03, 2026
Wash. Justices To Review Restaurant's $1M COVID Penalty
The Washington State Supreme Court has decided to take up a restaurant's appeal of nearly $1 million in fines that regulators imposed against the eatery for offering indoor dining services during the COVID-19 pandemic, in violation of the governor's emergency proclamation.
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February 03, 2026
Trump Admin Can't Gut CFPB Off The Books, DC Circ. Told
The Consumer Financial Protection Bureau's employee union has urged the full D.C. Circuit to uphold a lower court order blocking sweeping cuts at the agency, arguing the Trump administration's legal theory for lifting the order would allow officials to dismantle an agency so long as they don't "put it in writing."
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February 03, 2026
J&J Beats Proposed Class Action Over Band-Aid PFAS
A New Jersey federal judge on Monday tossed claims by a proposed class of consumers alleging that Kenvue Inc. and Johnson & Johnson hid the presence of a group of chemicals known as PFAS in Band-Aid products, saying the consumers hadn't shown that they were harmed.
Expert Analysis
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AG Watch: Calif. Fills Federal Consumer Protection Void
California's consumer protection efforts seem to be intensifying as federal oversight wanes, with Attorney General Rob Bonta recently taking actions related to buy now, pay later products, credit reporting and medical debt, consumer credit discrimination, and the use of artificial intelligence in consumer services, say attorneys at Cooley.
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5 Advertising Law Trends That Will Shape 2026
The legal landscape for advertisers will grow only more complex this year, with ongoing trends including a federal regulatory retreat, more aggressive action by the states, a focus on child privacy and expanded scrutiny of "natural" claims, say attorneys at Reed Smith.
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Banking Regulation Themes To Anticipate In 2026
The banking enforcement and rulemaking agenda for this year is likely to reflect a mix of targeted reform, deregulatory recalibration and new priorities aligned with supervisory modernization, says Kim Prior at King & Spalding.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q4
The regulatory and litigation developments for California financial institutions in the fourth quarter of 2025 were incremental but consequential, with the Department of Financial Protection & Innovation relying on public enforcement actions to articulate expectations, and lawmakers and privacy regulators playing a role as well, says Stephen Britt at Stinson.
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Series
Fly-Fishing Makes Me A Better Lawyer
Much like skilled attorneys, the best anglers prize preparation, presentation and patience while respecting their adversaries — both human and trout, says Rob Braverman at Braverman Greenspun.
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4 Ways GCs Can Manage Growing Service Of Process Volume
As automation and arbitration increase the volume of legal filings, in-house counsel must build scalable service of process systems that strengthen corporate governance and manage risk in real time, says Paul Mathews at Corporation Service Co.
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Calif. AI Law Will Have Ripple Effect On Emerging Cos.
California's Transparency in Frontier Artificial Intelligence Act is the first comprehensive state-level AI safety framework with mandated public disclosures in the U.S., and although it may not affect emerging companies directly, companies that embed governance and transparency into their operations will differentiate themselves in highly competitive markets, say attorneys at Mintz.
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The Law Firm Merger Diaries: Forming Measurable Ties
Relationship-building should begin as early as possible in a law firm merger, as intentional pathways to bringing people together drive collaboration, positive client response, engagements and growth, says Amie Colby at Troutman.
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AG Watch: Va. Insulin Price Probe Signals Rising Scrutiny
Virginia Attorney General Jason Miyares' recent investigation into insulin manufacturers and pharmacy benefit managers for allegedly colluding to artificially inflate insulin prices reflects a broader trend to leverage consumer protection authority in high-impact healthcare matters, and the upcoming leadership change is unlikely to diminish scrutiny in this area, says Chuck Slemp at Cozen O'Connor.
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How 2025 Executive Orders Are Reshaping Consumer Finance
In 2025, President Donald Trump used executive orders to initiate a reversal of policies on fair lending, urge agencies to use enforcement and supervisory tools to police debanking, and reduce consumer financial regulation — and the resulting flurry of deregulatory activity will likely continue in 2026, says Elizabeth Tucci at Goodwin.
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5 E-Discovery Predictions For 2026 And Beyond
2026 will likely be shaped by issues ranging from artificial intelligence regulatory turbulence to potential evidence rule changes, and e-discovery professionals will need to understand how to effectively guide the responsible and defensible adoption of emerging tools, while also ensuring effective safeguards, say attorneys at Littler.
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2026 State AI Bills That Could Expand Liability, Insurance Risk
State bills legislating artificial intelligence that are expected to pass in 2026 will reshape the liability landscape for all companies incorporating AI solutions into their business operations, as any novel private rights of action authorized under AI-related statutes signal expanding exposures, say attorneys at Wiley.
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What's On Deck In Tribal Nations' Prediction Markets Litigation
Native American tribes' response to the expansion of sports-based prediction markets enters a decisive phase this year, with appellate courts positioned to address whether federal commodities law permits nationwide offering of sports-based event contracts free from state and tribal gaming regulation, say attorneys at Holland & Knight.
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Disney's OpenAI Deal Could Be Turning Point In IP Licensing
The Disney-OpenAI agreement last month is less an anomaly than an early attempt to define what licensed generative use of entertainment intellectual property looks like in practice, including how artificial intelligence user-generated content is permitted without eroding ownership and control, says Alex Locke at Meister Seelig.
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Series
Judges On AI: How Courts Can Boost Access To Justice
Arizona Court of Appeals Judge Samuel A. Thumma writes that generative artificial intelligence tools offer a profound opportunity to enhance access to justice and engender public confidence in courts’ use of technology, and judges can seize this opportunity in five key ways.