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Consumer Protection
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December 18, 2025
Instacart Will Pay $60M Over FTC's Deceptive Delivery Claims
Instacart has agreed to pay $60 million to resolve Federal Trade Commission claims it deceptively advertised "free delivery" on customers' first orders while charging a service fee and for not clearly disclosing the terms of its subscription membership.
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December 18, 2025
Hisense Blocked From Collecting Texan TV Viewers' Data
A Texas state court temporarily blocked Chinese television maker Hisense from collecting viewers' personal data as the Lone Star State's attorney general sues the manufacturer and four other companies for allegedly "spying" on what consumers are watching, the attorney general has announced.
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December 18, 2025
Amazon Can't Shed Class Status In Virtual Try-On Privacy Suit
A Seventh Circuit panel has affirmed an Illinois district judge's certification of a class of more than 100,000 Amazon shoppers who accuse the e-commerce giant of illegally collecting and preserving their facial geometry data when they used the company's virtual try-on feature to preview products such as makeup and eyewear.
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December 18, 2025
Colo. Court Asked To Award $20M In Kratom Fail-To-Warn Suit
A deceased Colorado man's parents asked a state judge Thursday to order a kratom company to pay them $20.1 million because of their son's death, claiming the company failed to warn consumers about the risks associated with using the loosely regulated plant-derived substance with opioid-like effects.
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December 18, 2025
Anti-Fluoride Win Merits $9.5M In Fees From EPA, Judge Told
Anti-fluoridation groups urged a California federal judge in a hearing Thursday to grant them $9.5 million in attorney fees for winning a 2024 decision that the U.S. Environmental Protection Agency's "optimal" fluoride level for drinking water poses an unreasonable risk of lowering children's IQ.
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December 18, 2025
Arkansas Social Media Safety Law Temporarily Blocked
Arkansas cannot enforce a state law that bans social media platforms from using algorithms that could cause a user to kill themselves, buy drugs, become addicted to social media or develop an eating disorder, a federal district judge has ruled.
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December 18, 2025
Trump's Picks To Lead FDIC, CFTC Win Senate Approval
The U.S. Senate on Thursday signed off on two more of President Donald Trump's picks for top financial regulator jobs, confirming Travis Hill and Michael Selig as chairs of the Federal Deposit Insurance Corp. and Commodity Futures Trading Commission, respectively.
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December 18, 2025
Judge Wants Live Nation Antitrust Trial Limited To 5 Weeks
A New York federal judge nudged the Justice Department and Live Nation during a hearing Thursday to limit next year's antitrust jury trial against the live entertainment giant to no more than five weeks, not the eight the government wants, although he left open the possibility for more time.
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December 18, 2025
Doctors Freed From Suit As NC Panel Deems It MedMal Issue
Parents whose young daughter died following complications from heart surgery can't revive their lawsuit against pediatric heart doctors because their fraud and breach of fiduciary duty claims "sounded in" medical malpractice and were thus barred, a North Carolina state appeals court panel said Wednesday.
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December 18, 2025
FCC Reworks Reg Framework For Low Power TV
The Federal Communications Commission on Thursday created a new regulatory framework in hopes of advancing the low-power TV industry.
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December 18, 2025
Menards To Pay $4.25M To End 10 States' Deception Probe
Menards Inc. will pay $4.25 million to resolve 10 states' investigation into allegedly deceptive marketing tactics they say the Midwestern home-improvement giant used while advertising its merchandise credit check program.
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December 18, 2025
Pa. Casino Accused Of Ignoring Data-Tracking Opt-Out
A proposed class action claims the Rivers Casino in Pittsburgh surreptitiously recorded website visitors' browsing and shared it with third parties, including Facebook and Spotify, even if the users chose to "reject" tracking codes, according to the complaint filed in Pennsylvania state court Wednesday.
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December 18, 2025
New NJ Rules Combat AI And Housing Discrimination
The use of artificial intelligence in hiring practices is among the areas targeted by a sweeping new mandate enacted by New Jersey's Division on Civil Rights meant to shore up protections against discrimination.
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December 18, 2025
Settlement Admin, Bank Conspiracy Suits Consolidated In DC
A group of putative class actions alleging a wide-ranging kickback scheme between three of the largest settlement administration companies in the country and banks that was designed to juice administration fees while diminishing class action payouts has been consolidated in D.C. federal court.
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December 18, 2025
Calif. AG, Bar Officials Fight Bid To Stop ABS Fee-Sharing Ban
Both the California attorney general and the California State Bar are opposing a California attorney's attempt to block a new law preventing fee-sharing with out-of-state law firms owned by nonlawyers set to go into effect on Jan. 1.
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December 18, 2025
Hunter Claims FN America Pistol With Safety On Shot His Leg
A Colorado fire lieutenant with Aurora Fire Rescue is suing FN America LLC and Umarex USA Inc., saying a pistol they made and distributed went off while the safety was on, and without a trigger pull, and shot him in the leg while he was hunting.
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December 18, 2025
Wis. Tribe Seeks To Block Kalshi Sports Contracts
A Wisconsin Native American tribe urged a federal court to preliminarily block prediction market platform Kalshi from offering sports event contracts on tribal lands, arguing such contracts threaten its gaming monopoly.
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December 18, 2025
NAR Brokers Are Antitrust Conspirators, 10th Circ. Told
Homie Tech Inc. told the Tenth Circuit that the National Association of Realtors can't paint its broker members as third parties in an effort to duck the residential brokerage startup's antitrust claims over a boycott flowing from NAR rules those members followed.
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December 18, 2025
LinkedIn Data Access Settlement Rejected In Antitrust Case
A California federal court refused to approve a settlement requiring LinkedIn to stop conditioning access to its data interface on rivals agreeing not to use the data for a competing professional social network, a deal that included no damages but up to $4 million in attorney fees.
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December 18, 2025
Chemical Co. Seeks Contractor's Coverage For Mercury Suits
The successor to a chemical company told a Louisiana federal court in a lawsuit that it is an additional insured under policies obtained by a contractor working on its chemical facility and is owed coverage for nearly 200 underlying lawsuits claiming mercury exposure from the facility.
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December 18, 2025
Car Dealer Credit Check Co. Sued Over Breach Affecting 5.8M
A company that handles credit inquiries for car dealerships is facing a proposed class action accusing it of negligence, following a cyberattack on its systems in October that compromised the personal information of more than 5.8 million people.
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December 18, 2025
Trump Orders Loosening Of Federal Restrictions On Marijuana
President Donald Trump on Thursday announced that his administration would instruct federal agencies to loosen restrictions on cannabis via executive order, a historic acknowledgment from the executive branch that the drug has recognized medical uses.
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December 18, 2025
Pot Co. Says NY's 'Seed To Sale' Program Raises Costs
A maker of cannabis products is suing New York's cannabis regulators, alleging that new 'seed-to-sale' tracking system will exponentially raise prices and is an unconstitutional overreach by the agency.
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December 17, 2025
Avis Did Not Waive Arbitration In Traffic Fines Suit: 3rd Circ.
The Third Circuit has concluded that Avis did not waive its right to arbitrate a long-running class action over traffic fines incurred during a rental with certain members of the class by continuing to litigate the dispute years after incorporating an arbitration clause in its rental agreement.
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December 17, 2025
Amazon, Le Labo Say Ripoff 'Basgax' Perfumes Reek Of Fraud
Amazon and New York fragrance maker Le Labo accused a Florida-based company known as Basgax of selling bogus Le Labo products, claiming the company and its operators illegally copied Le Labo's promotional images and product names such as "Iris 39" and "Patchouili 24."
Expert Analysis
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Hybrid Claims In Antitrust Disputes Spark Coverage Battles
Antitrust litigation increasingly includes claims for breach of warranty, product liability or state consumer protection violations, complicating insurers' reliance on exclusions as courts analyze whether these are antitrust claims in disguise, says Jameson Pasek at Caldwell Law.
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EU-US Data Transfer Ruling Offers Reassurance To Cos.
The European Union General Court’s recent upholding of the EU-U.S. Data Privacy Framework in Latombe v. European Commission, although subject to appeal, provides companies with legal certainty for the first time by allowing the transfer of European Economic Area personal data without relying on alternative mechanisms, say lawyers at Wilson Sonsini.
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Drug Ad Crackdown Demonstrates Admin's Aggressive Stance
Recent actions by the U.S. Food and Drug Administration and U.S. Department of Health and Human Services targeting pharmaceutical companies' allegedly deceptive advertising practices signal an active — potentially even punitive — intent to regulate direct-to-consumer advertising out of existence, say attorneys at King & Spalding.
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Protecting Sensitive Court Filings After Recent Cyber Breach
In the wake of a recent cyberattack on federal courts' Case Management/Electronic Case Files system, civil litigants should consider seeking enhanced protections for sensitive materials filed under seal to mitigate the risk of unauthorized exposure, say attorneys at Redgrave.
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DOJ Settlement Offers Guide To Avoiding Key Antitrust Risks
The U.S. Justice Department's settlement with Greystar Management shows why parties looking to acquire companies that use pricing recommendation software should carefully examine whether the software algorithm and how it is used in the market create antitrust dangers, say attorneys at Fried Frank.
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Contractor Considerations As Construction Costs Rebound
The U.S. construction industry is navigating rising costs driven by energy and trade policy, which should prompt contractors to review contract structuring, supply chain management and market diversification, among other factors, say attorneys at Cozen O'Connor.
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NC Banking Brief: All The Notable Legal Updates In Q3
There were several impactful changes to the financial services landscape in North Carolina in the third quarter of the year, including statutory updates, enforcement developments from Office of the Commissioner of Banks, and notable mergers, acquisitions and branch expansions, say attorneys at Moore & Van Allen.
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Despite Fraud Focus, SEC Still Targeting Technical Violations
The U.S. Securities and Exchange Commission under Chairman Paul Atkins has emphasized its back-to-basics strategy, focusing on identifying and combating fraud and manipulation, but at the same time, it has continued to pursue nonfraud-based actions targeting technical rule violations, a trend that will likely continue, say attorneys at Morgan Lewis.
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New Calif. Chatbot Bill May Make AI Assistants Into Liabilities
While a pending California bill aims to regulate emotionally engaging chatbots that target children, its definition of "companion chatbot" may cover more ground — potentially capturing virtual assistants used for customer service or tech support, and creating serious legal exposure for businesses, say attorneys at Crowell & Moring.
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NY Banking Brief: All The Notable Legal Updates In Q3
Of note in the third quarter of the year, New York state regulators moved forward on their agendas to limit abuse of electronic banking, including via a settlement with stablecoin issuer Paxos and a lawsuit against Zelle alleging insufficient security measures, says Chris Bonner at Barclay Damon.
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Judging Figure Skating Makes Me A Better Lawyer
Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.
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Calif. Banking Brief: All The Notable Legal Updates In Q3
The third quarter of 2025 brought legislative changes to state money transmission certification requirements and securities law obligations, as well as high-profile accounting and anti-money laundering compliance enforcement actions by the Department of Financial Protection and Innovation, say attorneys at Ropes & Gray.
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Female Athletes' NIL Deal Challenge Could Be Game Changer
A challenge by eight female athletes to the NCAA’s $2.8 billion name, image and likeness settlement shows that women in sports are still fighting for their share — not just of money, but of respect, resources and representation, says Madilynne Lee at Anderson Kill.
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What Ethics Rules Say On Atty Discipline For Online Speech
Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.
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4 Steps To Designing Effective Survey Samples For Trial
The Federal Trade Commission's recent move to exclude a defense expert's survey in FTC v. Amazon on the basis of flaws in the survey sample design highlights that ensuring survey evidence inclusion at trial requires following a road map for effective survey sample design, say consultants at Compass Lexecon.