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Consumer Protection
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October 23, 2025
Lending App EarnIn Users Must Arbitrate NC Class Claims
Users of payday loan app EarnIn must arbitrate claims that the company's cash advance product violates North Carolina's consumer protection laws, a federal judge ruled, finding that the users clearly agreed to arbitration when they signed up for the app.
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October 23, 2025
Ga. Civil Engineering Co. Hit With Data Breach Class Action
A Georgia civil engineering firm was hit with a proposed class action over a 2024 data breach, as a former employee sharply criticized the company for taking weeks to resolve the hack and over nine months to report it.
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October 23, 2025
Paychex Beats Privacy Suit Over 2024 Data Breach, For Now
Paychex defeated, for now, a suit filed by a woman who alleged it allowed hackers to access her bank accounts by failing to keep her personal information safe from a data breach, after a Pennsylvania federal judge said Wednesday her complaint "stops short of saying how" Paychex's conduct led to her injury.
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October 23, 2025
FCC's Carr Sees Ongoing Consumer Harm From Shutdown
The head of the Federal Communications Commission warned Thursday that new device and license applications are "just sitting there," creating an FCC backlog, and that other day-to-day but important work remains on hold during the government shutdown.
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October 23, 2025
Neb. Republican Says Fiber Critical To Broadband Effort
A Republican U.S. senator said Thursday she's concerned that rural areas will not receive enough funding for fiber-optic connectivity in the latest round of the government's multibillion-dollar effort to build out broadband to underserved areas.
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October 23, 2025
4th Circ. Pushed To Retain Block On Chemours PFAS Dumping
A pair of environmental groups is urging the Fourth Circuit to leave in place an injunction blocking The Chemours Co. FC LLC from continuing to discharge so-called forever chemicals into the Ohio River, saying the company is using strawman arguments to get its way.
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October 23, 2025
Telehealth Ketamine Provider Hit With Wrongful Death Suit
Online ketamine therapy provider Mindbloom was hit with a wrongful death suit in North Carolina state court by the father of a 27-year-old man who says his medical history should have disqualified him from receiving the allegedly dangerous anesthetic.
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October 23, 2025
Tech Org. Calls Next-Gen TV Tuner Mandate Bad Idea
As the Federal Communications Commission solicits opinions on how to usher the industry into the next generation of television broadcasting, a consumer technology trade group is reiterating its argument that the agency should not rush the process and let companies do what they will.
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October 23, 2025
Eli Lilly Says Pharmacy Mass-Producing Weight Loss Drug
Drugmaker Eli Lilly is suing a compounding pharmacy in Texas federal court, alleging the pharmacy ripped off its lucrative weight loss drug, began mass-producing it, and made as much as $2 million per month last year from its misdeeds.
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October 23, 2025
Pet Food Container Maker Sued Over Design After Kitten Dies
A Pennsylvania woman whose 3-lb. kitten got trapped inside an airtight Iris USA brand pet food container and suffocated to death filed a putative negligence class action in federal court Wednesday, accusing the company of failing to warn pet owners of the risks of pet suffocation associated with the container's design.
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October 23, 2025
Senate Clears Bill For FCC List Of Foreign Authorizations
The U.S. Senate Thursday passed a bill requiring the Federal Communications Commission to publish a list of companies with ties to certain foreign countries that hold FCC authorizations.
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October 23, 2025
Shipbuilder Can't Ax Md. Bridge Collapse Suit, Court Told
The Singaporean owner and manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge and triggered its collapse maintained that South Korean shipbuilder HD Hyundai Heavy Industries Co. Ltd. should be held accountable in Pennsylvania federal court for designing and building a "fatally flawed" ship.
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October 23, 2025
Feds, Ex-Magellan CEO Still Split Over Sentencing Factors
Lawyers for a former Magellan Diagnostics CEO and the government are still at odds over whether a judge should consider the product mislabeling charge she pled guilty to in March to be tantamount to fraud — an assertion the defense says is an attempt by prosecutors to "shoehorn" in allegations never put to proof.
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October 23, 2025
Yelp's Tying Claim Against Google Can Move Ahead
A California federal court has refused to trim Yelp's claim that Google ties its general search results to its local search listings in a case accusing Google of monopolizing the local search market, after finding the latest version of the claim fixed the problems previously identified.
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October 23, 2025
Buyers Sue Colgate Over Lead Found In Kids' Toothpaste
A proposed class of buyers is suing Colgate-Palmolive Co. in California federal court, alleging that it sold children's toothpaste that contains substantial amounts of lead without warning consumers.
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October 22, 2025
Novo Nordisk Paid Patient Benefits, Not Bribes, Jury Hears
Novo Nordisk Inc. paid benefits to patients with a rare form of hemophilia and not bribes as a group of plaintiffs in an alleged kickback scheme have claimed, a Washington jury was told Wednesday during emotional testimony on the third day of a multiweek trial.
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October 22, 2025
Meta Beats False Ad Suit Over Bricked Devices, For Now
A California federal judge indicated Wednesday that he'll toss a proposed class action alleging Meta deceptively sold Portal video-calling devices that it later "bricked" by dropping software support, but he allowed the buyers to amend their claims, saying Meta's decision to strip the devices of functionality "seems wrong."
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October 22, 2025
PragerU Beats Privacy Suit Over Video Data Sharing, For Now
A California federal judge has tossed a putative class action accusing conservative media group PragerU of illegally sharing information about website visitors' video-viewing activities with Meta, finding that the plaintiffs focused only on the "general capabilities" of the tracking technology being deployed rather than on how it was being used to divulge their own personal information.
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October 22, 2025
Trump Admin Battles DC Circ. Rehearing Bid In CFPB Case
The Trump administration has urged the full D.C. Circuit to keep in place a split panel's ruling that would allow mass layoffs at the Consumer Financial Protection Bureau, dismissing a union-led bid for full-court review as one that's built on a misguided "straw man" attack.
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October 22, 2025
Fintechs, Banks Clash Over Open Banking Rule Revisions
Trade groups representing banks and fintechs clashed in comment letters over the Consumer Financial Protection Bureau's plans to revise its data-sharing mandate, as banks urged the agency to scrap much of the earlier rule for favoring fintechs, while the tech upstarts argued many of the provisions remain necessary to bust banks' allegedly anticompetitive behavior.
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October 22, 2025
Experian Can't Slash CFPB Suit Over Tolling Deal 'Mistake'
A California federal judge on Wednesday refused to toss part of a Consumer Financial Protection Bureau suit against Experian's U.S. operating subsidiary, saying the credit bureau's statute-of-limitations defense "defies logic" to suggest Experian Information Solutions wasn't bound by a tolling deal its own lawyers helped negotiate.
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October 22, 2025
Monsanto's Roundup Blamed For Husband's Fatal Cancer
A widow alleged in a wrongful death suit against agro-chemical giant Monsanto that her late husband developed terminal cancer after he was exposed to glyphosate in the company's Roundup herbicide, telling a Washington federal court Monsanto had known for decades of the risk.
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October 22, 2025
State AGs Push Back In First Amendment Subpoena Fight
A coalition of state attorneys general is urging the U.S. Supreme Court to safeguard their fundamental investigative authority, warning in an amicus brief filed Tuesday that a New Jersey anti-abortion center's challenge could allow subpoenaed entities to routinely bypass state courts and tie up enforcement actions in federal litigation.
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October 22, 2025
Banks Want Ill. Fee Law Block Extended To Card Networks
Banking industry groups urged an Illinois federal judge Wednesday to permanently block an Illinois law that bans swipe fees on tax and tip portions of payment card transactions, arguing she has already correctly held that national banks are federally preempted from its reach, and that the court should extend that relief to card networks and others involved in the payment process.
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October 22, 2025
RJR Says 'Carbon Neutral' Vape Claim Was Not Deceptive
R.J. Reynolds companies, claiming they were telling the truth when asserting their Vuse e-cigarette was the "first carbon neutral" vape on the market, urged a California federal judge on Tuesday to dismiss consumers' proposed class claims they engaged in deception.
Expert Analysis
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Genius Act Poses Strategic Hurdles For Community Banks
The pace of change in digital asset policy, including the recent arrival of the Genius Act, suggests that strategic planning should be a near-term priority for community banks, with careful attention to customer relationships, regulatory developments and the local communities they serve, say attorneys at Jones Walker.
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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Considerations For Cos. Amid Wave Of CFPB Vacatur Bids
As some entities look to vacate prior voluntary agreements with the Consumer Financial Protection Bureau, there are several considerations companies should take into account before seeking to vacate their settlements in the current legal and regulatory environment, says Jasmine Jean-Louis at Goodwin.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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FTC Actions Highlight New Noncompete Enforcement Strategy
Several recent noncompete-related actions from the Federal Trade Commission — including its recent dismissal of cases appealing the vacatur of a Biden-era noncompete ban — reflect the commission's shift toward case-by-case enforcement, while confirming that the agency intends to remain active in policing such agreements, say attorneys at Debevoise.
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Senate Bill Could Overhaul Digital Asset Market Structure
The Senate Banking Committee's draft Responsible Financial Innovation Act would not only clarify the roles and responsibilities of financial institutions engaging in digital asset activities but also impose new compliance regimes, reporting requirements and risk management protocols, say attorneys at Troutman.
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Stablecoin Committee Promotes Uniformity But May Fall Short
While the Genius Act's establishment of the Stablecoin Certification Review Committee will provide private stablecoin issuers with more consistent standards, fragmentation remains due to the disparate regulatory approaches taken by different states, say attorneys at Morgan Lewis.
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Avoiding Unforced Evidentiary Errors At Trial
To avoid self-inflicted missteps at trial, lawyers must plan their evidentiary strategy as early as their claims and defenses, with an eye toward some of the more common pitfalls, says Nate Sabri at Perkins Coie.
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FTC's Reseller Suit Highlights Larger Ticket Platform Issues
Taken together, the recent Federal Trade Commission lawsuit and Ticketmaster's recent antitrust woes demonstrate that federal enforcers are testing the resilience of antitrust and consumer-protection frameworks in an evolving, tech-driven marketplace, says Thomas Stratmann at George Mason University.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Sweeping US Tax And Spending Bill May Bolster PE Returns
The One Big Beautiful Bill Act stands to benefit private equity sponsors and their investors as it alters existing law, including at the portfolio company level, making it crucial to reevaluate historic tax planning and optimize for the new tax regime, say attorneys at Paul Hastings.
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Parsing Trump Admin's First 6 Months Of SEC Enforcement
The U.S. Securities and Exchange Commission's enforcement results for the first six months of the Trump administration show substantially fewer new enforcement actions compared to the same period under the previous administration, but indicate a clear focus on traditional fraud schemes affecting retail investors, say attorneys at King & Spalding.
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HSR Compliance Remains A Priority From Biden To Trump
Several new enforcement actions from the Federal Trade Commission and the U.S. Department of Justice illustrate that rigorous attention to Hart-Scott-Rodino Act compliance has become a critical component of the U.S. merger review process, even amid the political transition from the Biden to Trump administrations, say attorneys at Baker McKenzie.
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The Consequences Of OCC's Pivot On Disparate Impact
The Office of the Comptroller of the Currency's recent move to stop scrutinizing facially neutral lending policies that disproportionately affect a protected group reflects the administration's ongoing shift in assessing discrimination, though this change may not be enough to dissuade claims by states or private plaintiffs, says Travis Nelson at Polsinelli.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.