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Consumer Protection
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September 30, 2025
Google Ad Tech Judge Says Court Order Is 'Elephant In Room'
A Virginia federal judge again wondered Tuesday how far she must go to address Google's advertising placement technology monopolies, asking if a breakup is needed since, no matter what happens, the company will be under a court order banning efforts to put its thumb on the scales of competition.
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September 30, 2025
FTC Hits Sendit App Over Kids' Data, Fake Messages
The operator of the anonymous messaging app Sendit and its top executive have been illegally collecting personal information from children that they're "well aware" were using their service, and tricking users with fake messages and other misleading tactics to entice consumers into buying paid subscriptions, the Federal Trade Commission alleged in a California federal lawsuit.
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September 30, 2025
3rd Circ. Parses 'Could' And 'Would' In Lipitor Lawsuit
A Third Circuit panel questioned Tuesday whether drug wholesalers and health plans had offered enough evidence that Pfizer Inc. and Ranbaxy Laboratories Ltd. conspired to delay generic competition for the cholesterol drug Lipitor, focusing on whether the U.S. Food and Drug Administration would have approved the competitor earlier than November 2011.
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September 30, 2025
Amazon Settles $1.2M Lawsuit Over Immersion Heater
Amazon and a Colorado church's insurer have reached a settlement in the insurer's suit alleging that an immersion heater the church purchased from the e-commerce giant's platform to heat a baptismal font caused a fire amounting to $1.2 million in damages.
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September 30, 2025
State Telecom Roundup: Age Verification Laws
State laws requiring that websites verify the ages of users in order to access adult content have been picking up speed in recent years. Half the country now has laws on the books that require certain platforms to confirm that users are adults, a trend proponents say will protect children and that opponents have called an attack on the right to access free speech. Here, Law360 takes a look at some of those laws.
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September 30, 2025
LGBCoin Founder Says NASCAR Backtrack Cost $76M
The attorney behind the LetsGoBrandon.com Foundation told jurors Tuesday that a decision by NASCAR to revoke the approval of its sponsorship of a racing team cost the foundation $76 million and destroyed the value of its cryptocurrency LGBCoin.
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September 30, 2025
Wash. MLS Asked About Fairness Of Banning 'Office Exclusives'
A Washington federal judge pressed Northwest Multiple Listing Service at a hearing Tuesday to explain how its board of directors justified limiting homeowners' options when listing their residential properties for sale.
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September 30, 2025
Shimano Still Has To Face Bike Injury Lawsuit In RI
Japanese bicycle parts manufacturer Shimano Inc., which has no physical presence in Rhode Island, can't escape a product liability lawsuit filed by a cyclist who claims its defective brake lever impaled his leg during a fall, a federal judge ruled Monday, saying the court has jurisdiction over the company because it made "deliberate efforts to serve the Rhode Island market."
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September 30, 2025
Regions Bank Brass Must Face Suit Over $191M CFPB Fine
A Delaware chancellor ruled Tuesday that most board members of Regions Bank cannot escape a shareholder derivative suit over a $191 million fine the bank paid to the Consumer Financial Protection Bureau in 2022 for charging unlawful "surprise" overdraft fees on certain debit card transactions and ATM withdrawals.
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September 30, 2025
9th Circ. Asked To Rethink Las Vegas Hotel Pricing Ruling
A proposed class of Las Vegas casino-hotel guests told the Ninth Circuit in a rehearing en banc petition that the entire court must reconsider its prior ruling for their antitrust claims, which alleged that hotel operators and two hospitality software companies conspired to hike up hotel room prices.
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September 30, 2025
Union Pacific Takes Chicago Metra Lines Fight To 8th Circ.
Union Pacific told the Eighth Circuit that a federal rail regulator acted arbitrarily when it recently granted terminal trackage rights on three of its rail lines to Metra, Chicago's commuter rail system, the latest escalation in a yearslong contractual dispute over access to the crucial rail hub.
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September 30, 2025
Waters Warns CFPB Furloughs Would Be 'Baseless,' 'Harmful'
A senior Democrat in the U.S. House of Representatives is warning the Consumer Financial Protection Bureau not to use a looming government shutdown as a "pretext" to furlough employees at the agency, arguing that such an unpaid work stoppage would be unnecessary and dangerous.
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September 30, 2025
Jury Says Uber Was Negligent, But Not Liable For Sex Assault
A California state jury found Tuesday that Uber was negligent with respect to safety measures it took to protect a passenger who says she was sexually assaulted by her driver, but ruled it isn't liable for damages in the high-profile bellwether trial because its negligence wasn't a substantial factor in causing her harm.
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September 30, 2025
FCC Pushes Prison Phone Jamming, Despite Dem's Concerns
The Federal Communications Commission on Tuesday advanced a plan to let state and local prisons jam the signals of contraband cellphones, even as a Democratic commissioner voiced worries about the potential for interference with lawful communications.
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September 30, 2025
Union Sued Over Data Breach Exposing 55K Members' Info
A local union group representing Colorado and Wyoming workers faces a proposed class action filed in Colorado federal court Tuesday that claims the union's negligence led to a cyberattack that compromised the personal information of more than 55,000 union members.
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September 30, 2025
Senate Bill Would Allow Claims Against AI Cos.
A pair of senators unveiled a bill Tuesday that would classify artificial intelligence technologies as products under the law to allow consumers to sue if an AI product causes harm, an issue testing the courts as litigation targets AI-fueled chatbots.
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September 30, 2025
FCC Aims To Remove Broadband Deployment Barriers
The Federal Communications Commission took a pair of actions Tuesday aimed at speeding up the deployment of broadband infrastructure by reducing regulatory hurdles.
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September 30, 2025
PFAS Testing Concerns End Coca-Cola Class Action
A New York federal judge has dismissed a proposed class action against Coca-Cola's Simply Orange Juice Co. subsidiary alleging its juices were falsely marketed as all-natural when they actually contain PFAS, saying that the plaintiff didn't show that the juices tested were the same as the ones he bought.
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September 30, 2025
3M Rolls Up Buyers' 'Forever Chemicals' Carpet Suit
A Minnesota federal judge threw out a proposed class action Tuesday alleging 3M Co. and two chemical companies sold stain- and dirt-repellents made with so-called forever chemicals to carpet manufacturers without disclosing the health risks posed by the substances, saying the consumers have not plausibly alleged an injury.
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September 30, 2025
FCC Embarks On Four-Year Media Ownership Review
The Federal Communications Commission pushed ahead Tuesday with a proposal to ease restrictions on how many TV or radio stations a single broadcaster can control in a market.
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September 30, 2025
Nationwide Insurers Must Defend Auto Co. In BIPA Dispute
Two Nationwide units must defend an automotive accessory company accused of violating Illinois' Biometric Information Privacy Act, an Illinois federal court held Tuesday, following a ruling in a separate case that found no coverage for the company under its Hanover Insurance policies.
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September 30, 2025
CFPB Looks To Save Renewed Experian Credit Reporting Suit
Consumer reporting agency Experian Information Solutions Inc. should not be allowed to escape certain Fair Credit Reporting Act allegations taking aim at its handling of consumer disputes, the Consumer Financial Protection Bureau has argued, asserting the parties made an "inadvertent mutual mistake" in leaving Experian's name off the parties' agreement to toll the CFPB's claims.
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September 30, 2025
Ford Says 'Reckoning' At Hand For Lemon Law Firms
The Ford Motor Co. has urged a Los Angeles federal judge to keep alive a racketeering lawsuit alleging three law firms specializing in California's lemon law engaged in a "death-by-a-thousand-cuts" fraudulent billing scheme to bleed the automaker dry, arguing the firms' immunity claims don't hold up.
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September 30, 2025
NJ County Says State Police Allowed Mall To Sell On Sundays
Bergen County, New Jersey, is arguing that the New Jersey State Police have ignored illegal retail sales on Sundays at the American Dream mall in East Rutherford despite maintaining a headquarters at the site, in a response to a local government's lawsuit over the practice.
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September 30, 2025
FTC Accuses Zillow, Redfin Of Stifling Rental Ad Competition
The Federal Trade Commission filed a lawsuit in Virginia federal court on Tuesday accusing Zillow of paying Redfin more than $100 million to stop competing for the sale of rental housing advertisements on their listing services.
Expert Analysis
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How State AG Consumer Finance Enforcement Is Expanding
As the Consumer Financial Protection Bureau becomes less active, state attorneys general are increasingly shaping the enforcement landscape for consumer financial services — and several areas of focus have recently emerged, say attorneys at Morgan Lewis.
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What Businesses Need To Know To Avoid VPPA Class Actions
Divergent rulings by the Second, Sixth and Seventh Circuits about the scope of the Video Privacy Protection Act have highlighted the difficulty of applying a statute conceived to regulate the now-obsolete brick-and-mortar video store sector in today's internet economy, say attorneys at DTO Law.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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2025's First Half Brings Regulatory Detours For Fintechs
The first half of the year has resulted in a bifurcated regulatory environment for fintechs, featuring narrowed enforcement in some areas, heightened scrutiny in others and a policy window that, with proper compliance, offers meaningful opportunities for innovation, say attorneys at Sheppard Mullin.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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3 Juror Psychology Principles For Expert Witness Testimony
Expert witnesses can sometimes fall into traps when trying to teach juries complex topics by failing to consider the psychology of juror comprehension, but attorneys can help witnesses avoid these pitfalls with a deeper understanding of cognitive lag, chunking and learning styles, says Steve Wood at Courtroom Sciences.
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Comparing Stablecoin Bills From UK, EU, US And Hong Kong
For multinational stablecoin issuers, navigating the differences and similarities among regimes in the U.K., EU, Hong Kong and U.S., which are currently unfolding in several key ways, is critical to achieving scalable, compliant operations, say attorneys at Morgan Lewis.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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Focusing On Fluoride: From FDA To Class Action
A class action filed two days after the U.S. Food and Drug Administration announced plans to remove ingestible fluoride prescription drug products for children from the market may be the tip of the iceberg in terms of the connection between government pronouncements on safety and their immediate use as evidence in lawsuits, says Rachel Turow at Skadden.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Fla. Condo Law Fix Clarifies Control Of Common Areas
Florida's repeal of a controversial statutory provision that permitted developers of mixed-use condominium properties to retroactively assert control over common facilities marks a critical shift in legal protections for unit owners and associations, promoting fairness, transparency and accountability, say attorneys at Pardo Jackson.
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The Legal Fallout Of The Open Model AI Ecosystem
The spread of open-weight and open-source artificial intelligence models is introducing potential harms across the supply chain, but new frameworks will allow for the growth and development of AI technologies without sacrificing the safety of end users, says Harshita Ganesh at CMBG3 Law.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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How Ore. Law Puts New Confines On Corp. Health Ownership
A newly enacted law in Oregon strengthens the state’s restrictions on corporate ownership of healthcare practices, with new limitations on overlapping control, permissible services, restrictive covenants and more making it necessary for practices to review decades-old physician practice arrangements, say attorneys at Ropes & Gray.
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NCAA Settlement Kicks Off New Era For Student-Athlete NIL
A landmark settlement stemming from 15 years of litigation between schools and the NCAA reflects a major development in college athletics by securing compensation for usage of student-athletes' names, images and likenesses, and schools hoping to take advantage of new opportunities should take proactive steps to comply with new rules, say attorneys at Manatt.