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Consumer Protection
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February 09, 2026
NTIA Approves Nearly All State Broadband Funding Plans
The U.S. Department of Commerce has signed off on almost all the recent state-level plans under the government's signature high-speed infrastructure spending initiative, moving projects across the country closer to fruition, a top official said Monday.
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February 09, 2026
Royal Caribbean Sued Over Surf Simulator Injuries
A Pennsylvania man who broke his neck while surfing on a cruise ship FlowRider wave simulation attraction sued Royal Caribbean on Monday, claiming the cruise line was negligent and has failed to address problems with the attraction despite a number of injuries.
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February 09, 2026
No 2nd Chance For Failed Junk Fax Ad Suit, Colo. Court Says
An online fax service provider Monday lost its last chance at persuading a Colorado federal judge not to kill a Telephone Consumer Protection Act suit accusing a group of companies of overwhelming its system with "junk faxes" after the court said no to rethinking its dismissal order.
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February 09, 2026
Dunkin' Labels Describe Flavor, Not Fruit, Judge Says
A New York federal judge threw out a proposed class action claiming that Dunkin' dupes customers into thinking its "Refresher" caffeine drinks have real fruit, saying Monday that menu labels like "Mango Pineapple" describe flavors, not ingredients.
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February 09, 2026
5th Circ. Tosses Challenge To La. 340B Discount Drug Rule
A Fifth Circuit panel upheld on Monday a Louisiana law that allows the state to stop prescription drug manufacturers from blocking safety-net healthcare providers from contracting with outside pharmacies to dispense discounted medicines under the federal 340B Discount Drug program.
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February 09, 2026
Background Check Co. Reported Outdated Info, Suit Says
A California background check company "negligently and recklessly" reported consumers' outdated adverse criminal warrant information in violation of the Fair Credit Reporting Act, a proposed class action in Colorado federal district court alleges.
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February 09, 2026
FCC Said To Formally Launch Equal Time Probe At 'The View'
The Federal Communications Commission has reportedly started a formal investigation into whether ABC's "The View" fails to qualify for a "bona fide" news carveout that would exempt the show from political equal time rules.
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February 09, 2026
Prison Phone Co. Opposes Rate Case Move To 1st Circ.
A prison phone service provider has urged the D.C. Circuit to deny a recent bid from public interest groups to move multidistrict litigation over federally set phone call rates in jails and prisons to the First Circuit.
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February 09, 2026
Texas, Mo. Ask Court To Keep 'Remain In Mexico' Suit Intact
Texas and Missouri claimed they have standing to challenge a Biden-era decision to do away with the "Remain in Mexico" policy, telling a Texas federal judge Friday that vacatur of the last administration's decision is appropriate even though the Trump administration reinstated the policy.
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February 09, 2026
USTelecom Asks FCC To Protect 911 Amid Copper Rollback
Broadband trade group USTelecom is throwing its weight behind a petition that says the Federal Communications Commission must put protections in place to ensure that 911 services aren't disrupted as telecoms rush to retire copper phone lines.
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February 09, 2026
Sunbeam Pressure Cooker Severely Burned Woman, Jury Told
A woman told a Florida federal jury Monday that a defective Sunbeam Products Inc. pressure cooker caused severe burns to her arm after removing the lid, urging the court to hold the company responsible for her injuries.
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February 09, 2026
Commerce Probing Claims Of Mattress Duties Evasion
The U.S. Department of Commerce is opening three investigations into claims that Mexican, Malaysian and Polish exporters are dodging antidumping duties on mattresses following complaints by domestic companies such as Serta Simmons Bedding and Tempur Sealy International, the agency said Monday.
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February 09, 2026
Medical Equipment Co. Nets Tentative Deal In Overbilling Suit
Medical supply giant AdaptHealth Corp. has tentatively settled an overbilling suit brought by a proposed class of patients who claim they were overcharged for home healthcare equipment, according to a North Carolina court order pausing upcoming deadlines in the case.
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February 09, 2026
'Baby Shark' Ruling Doesn't Stop Google Anti-Phishing Fight
A Manhattan federal judge granted injunctive relief Monday to Google in its effort to combat an alleged China-based phishing enterprise, holding that faraway defendants were properly served electronically despite an appellate ruling mandating mail service in a "Baby Shark" infringement case.
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February 09, 2026
Baker Donelson Adds CFPB Founding Atty In DC
A founding member of the Consumer Financial Protection Bureau who co-founded and spent the past 2½ years as co-leader of boutique SeldenLindeke LLP, has joined Baker Donelson Bearman Caldwell & Berkowitz PC in Washington, D.C., as a shareholder, the firm announced Monday.
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February 09, 2026
Novo Nordisk Sues Hims & Hers Over Knockoff GLP-1
Novo Nordisk AS followed through on Monday in Delaware federal court on a plan it announced last week to sue telehealth company Hims & Hers Health Inc. over its marketing of what Novo Nordisk calls a knockoff version of its GLP-1 medications.
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February 09, 2026
Wells Fargo To Arbitrate Claims Over Excessive Fees
A North Carolina federal judge has granted Wells Fargo Bank's motion to compel arbitration for claims alleging it overcharged military members with excessive rates and fees, and recommended a proposed class action be dismissed.
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February 09, 2026
Polymarket Sues Mass. To Halt Potential Sports Market Ban
Polymarket filed a lawsuit Monday seeking to block Massachusetts from enforcing its sports gambling laws against the prediction market.
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February 06, 2026
Ga. Panel Backs Sperm Bank Win In 'Wrongful Birth' Case
A Georgia appeals court backed a win for sperm bank Xytex Corp. in consolidated litigation alleging the company sold sperm under false pretenses about the medical, psychological and social history of the donors.
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February 06, 2026
WithU, Scratchpay Sued Over Alleged 568% Loan Interest Rate
Online direct lender WithU and California fintech platform Scratchpay were hit with a proposed class action in Washington federal court on Friday by a consumer who claims he was cornered into borrowing a loan with a nearly 568% interest rate to pay for his cat's cancer treatment.
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February 06, 2026
Food Logistics Co. Can't Ditch Suit Over Toxic Fruit Pouches
Parents who allege their child suffered injuries from a fruit purée pouch that allegedly contained unsafe lead levels can pursue claims against the company they say designed the pouch, but strict liability and express warranty cannot be among them, an Illinois federal judge said.
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February 06, 2026
HHS Refers Hims & Hers To DOJ Amid Compound Drug Fight
U.S. Department of Health and Human Services general counsel Mike Stuart announced Friday that his office referred Hims & Hers Health Inc. to the U.S. Department of Justice for investigation, a day after Novo Nordisk A/S threatened litigation over what it called the telehealth company's "knockoff" version of its popular weight loss drug Wegovy.
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February 06, 2026
SEC Seeks To Enforce $27M Order In NFL, NBA Player Fraud
The U.S. Securities and Exchange Commission has asked a Washington, D.C., federal judge to order a broker-dealer and its sole director to comply with a 2015 commission order requiring them to pay over $27 million in disgorgement and other fines that stemmed from allegations that they ran a Ponzi scheme that swindled NFL and NBA clients out of $12 million.
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February 06, 2026
Paycheck Advances Aren't Loans, Fintech Orgs Tell 9th Circ.
Fintech trade groups on Friday urged the Ninth Circuit to rein in class litigation over earned wage access products, arguing it should recognize the products as distinct from credit under federal lending laws or risk upending a popular, safer alternative to traditional loans.
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February 06, 2026
$8M Rent-To-Own Class Settlements Get Final OK
Five years of litigation — split between sister suits in North Carolina state and federal court — revolving around allegedly exorbitant fees on rent-to-own contracts for storage sheds ended this week after both courts entered final judgments and cemented a combined $8 million settlement.
Expert Analysis
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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.
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Shopify Suit Is An Early Antitrust Test Of 'Buy Now, Pay Later'
An ongoing antitrust suit in Minnesota federal court filed by Sezzle against Shopify — one of the earliest such lawsuits focused on buy now, pay later services — could play a particularly informative role in how short-term credit offerings and the broader market develop, say attorneys at Alston & Bird.
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2025's Most Notable State AG Activity By The Numbers
State attorneys general were active in 2025, working across party lines to address federal regulatory gaps in artificial intelligence, take action on consumer protection issues, continue antitrust enforcement and announce large settlements on behalf of their citizens, say attorneys at Jenner & Block.
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Opinion
The Case For Emulating, Not Dividing, The Ninth Circuit
Champions for improved judicial administration should reject the unfounded criticisms driving recent Senate proposals to divide the Ninth Circuit and instead seek to replicate the court's unique strengths and successes, says Ninth Circuit Judge J. Clifford Wallace.
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Autonomous AI Attacks Demarcate Shift In Risk Landscape
Anthropic and OpenAI recently disclosed cyberattacks where an artificial intelligence agent was the primary attacker, illustrating immediate implications for corporate governance, contracting and security programs as companies integrate AI with their business systems, say Rahul Mukhi and Melissa Faragasso at Cleary and Brian Lichter at Stroz Friedberg.
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2025's Defining AI Securities Litigation
Three securities litigation decisions from 2025 — involving General Motors, GitLab and Tesla — offer a preview of how courts will assess artificial intelligence-related disclosures, as themes such as heightened regulatory scrutiny and risk surrounding technical claims are already taking shape for the coming year, say attorneys at Cooley.
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How 11th Circ.'s Zafirov Decision Could Upend Qui Tam Cases
Oral argument before the Eleventh Circuit last month in U.S. ex rel. Zafirov v. Florida Medical Associates suggests that the court may affirm a lower court's opinion that the qui tam provisions of the False Claims Act are unconstitutional — which could wreak havoc on pending and future qui tam cases, say attorneys at Morgan Lewis.
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Key Trends For Life Sciences Cos. To Watch In 2026
Following a year of drastic change at the U.S. Food and Drug Administration, two themes are likely to drive the coming year — a commitment to lowering the cost of drugs and an inherent tension between the priorities of the health agencies and the broader administration, say attorneys at Sheppard Mullin.
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Series
Mass. Banking Brief: All The Notable Legal Updates In Q4
Among the most significant developments on the banking regulation front in Massachusetts last quarter, Attorney General Andrea Joy Campbell announced her bid for reelection, and the state Division of Banks continued its fintech focus by finalizing rules implementing a new money transmitter law, say attorneys at Nutter.
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Series
Muay Thai Makes Me A Better Lawyer
Muay Thai kickboxing has taught me that in order to win, one must stick to one's game plan and adapt under pressure, just as when facing challenges by opposing counsel or judges, says Mark Schork at Feldman Shepherd.
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Series
Law School's Missed Lessons: Intentional Career-Building
A successful legal career is built through intention: understanding expectations, assessing strengths honestly and proactively seeking opportunities to grow and cultivating relationships that support your development, say Erika Drous and Hillary Mann at Morrison Foerster.
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State AG Enforcement During CFPB Gap Predicts 2026 Trends
State attorneys general responded to the decrease in Consumer Financial Protection Bureau enforcement in 2025 by stepping in to regulate consumer finance more than ever before, and the trends in rebooting CFPB investigations, cracking down on ESG and DEI initiatives, and fighting financial exploitation of homeowners will likely extend into 2026, say attorneys at Cozen O'Connor.
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How Settlement In Texas TCPA Case Affects Text Marketing
The recent settlement in Ecommerce Innovation Alliance v. State of Texas, which challenged the constitutionality of expanded registration requirements of the Texas mini-Telephone Consumer Protection Act, is a substantial win for companies concerned about being penalized by Texas regulators or other financial exposure for sending consented-to marketing texts, but the expanded private right includes other traps for the unwary, say attorneys at Womble Bond.
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Reviewing 2025's Artificial Intelligence Disputes Over IP
2025 brought the first major fair use rulings involving generative artificial intelligence, and in 2026 courts will weigh in on more discovery disputes, renewed motions to dismiss, class certification challenges and fair use defenses that could shape the course of future AI litigation, say attorneys at Debevoise.
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Food Industry Braces For MAHA And Other Challenges In 2026
After the Make America Healthy Again movement kept the U.S. Food and Drug Administration under pressure in 2025, actions in the food safety space are likely to continue this year, including updated Supplemental Nutrition Assistance Program dietary guidelines and processed food definitions, say attorneys at Wiley.