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Consumer Protection
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January 29, 2026
Fitness App Must Face Trimmed Suit Over Tracking Cookies
A California federal judge cut several wiretap and fraud claims from a proposed class action accusing MyFitnessPal of allowing third parties to track the browsing activities of website visitors who rejected the use of tracking cookies while allowing the plaintiffs to proceed with invasion of privacy and two other allegations.
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January 29, 2026
Boies Schiller Hits Meta With Arbitration Bids Over Addiction
Boies Schiller Flexner LLP on Thursday filed nine arbitration demands against Meta Platforms Inc. on behalf of young Instagram users, claiming that the social media company's products are harmful and intentionally designed to hook young people.
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January 29, 2026
NC Vape Sale Limits Face Preemption Test At 4th Circ.
Counsel for vape manufacturers and sellers implored the Fourth Circuit Thursday to agree with an interpretation of the federal Food, Drug, and Cosmetic Act that would preempt a new North Carolina law that regulates and prohibits the sale of certain e-cigarette or "vape" products.
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January 29, 2026
Topps Co.'s 'Mega Box' Duped Sports Cards Buyers, Suit Says
Fanatics-owned sports trading card and collectibles company Topps misled consumers about their chance to score rare trading cards with significant resale values in its 2025-26 NBA Mega Boxes and has blamed it on a misprint, a proposed class action filed Thursday in New York federal court alleged.
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January 29, 2026
Ex-Synapse Compliance Chief Settles FINRA Supervisory Case
The former chief compliance officer of a subsidiary of bankrupt fintech company Synapse has agreed to a $20,000 fine and yearlong suspension to settle the Financial Industry Regulatory Authority's allegations he failed to preserve certain books and records ahead of the firm's collapse.
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January 29, 2026
Costco Sued Over 'No Preservatives' Roast Chicken Ads
A pair of Golden State consumers have hit Washington-based Costco Wholesale Corp. with a proposed class action in California federal court, accusing the company of falsely advertising its popular $4.99 rotisserie chicken as preservative free despite containing two chemicals — sodium phosphate and carrageenan — which allegedly function like preservatives.
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January 29, 2026
Apple Dodges Users' Deposition In Google Antitrust Case
A California federal judge has quashed a Christmas Eve deposition subpoena that sought information from Apple Inc. concerning dealings with Google LLC, saying users who accused Google of suppressing rival search engines through anticompetitive deals had no valid reason for the subpoena.
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January 29, 2026
DCA Midair Collision: One Year Later
Investigators' determination that the Federal Aviation Administration ignored repeated warnings about near-misses and risky helicopter traffic around the nation's capital is expected to spur regulatory reforms and potentially heighten the government's legal exposure in civil litigation stemming from the deadly midair collision in Washington, D.C., a year ago.
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January 29, 2026
CFTC's Selig Eyes Prediction Markets Rules In Debut Speech
U.S. Commodity Futures Trading Commission Chairman Michael Selig on Thursday delivered his first public remarks as the agency's leader, laying out an agenda that includes setting rules for prediction markets and collaborating closely with the U.S. Securities and Exchange Commission on a variety of cryptocurrency initiatives.
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January 29, 2026
Tribal Gaming Groups' Support Blocked In Tenn. Kalshi Case
A Tennessee federal judge has denied a bid by tribal groups including the Indian Gaming Association and the National Congress of American Indians to file an amicus brief in prediction market Kalshi's suit against state gambling regulators over the company's sports wagers.
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January 29, 2026
FINRA Fines Compliance Chief, Firm For Reg BI Failures
The Financial Industry Regulatory Authority has fined a broker-dealer and its chief compliance officer for allegedly failing to supervise representatives' recommendations of certain risky and illiquid bonds, with the latter also agreeing to a three-month suspension.
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January 29, 2026
Dems Have Questions Over FTC's Unsealed Pepsi Complaint
Democratic lawmakers have accused PepsiCo Inc. of providing misleading responses to a previous inquiry about the Federal Trade Commission's abandoned price discrimination case, while also raising concerns that the agency dropped the case for political reasons.
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January 29, 2026
DOJ Awards $1M In First For Antitrust Whistleblower Program
The U.S. Department of Justice's Antitrust Division awarded a whistleblower $1 million for providing information that led to charges and a $3.28 million criminal fine against used-vehicle auction site EBlock, marking the first-ever award under a new antitrust whistleblower program, the DOJ announced Thursday.
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January 29, 2026
Amazon Consumers Lose Bid For Earlier Antitrust Trial Date
The trial in a massive consumer antitrust class action against Amazon.com Inc. will remain scheduled for June 2027 following a Seattle federal judge's refusal of shoppers' request to move up the trial to November.
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January 29, 2026
Feds OK Expansion To Boost Techs In 6 GHz Airwaves
The Federal Communications Commission on Thursday agreed to new rules expanding use of the 6 gigahertz spectrum band, mainly to drive the growth of devices using the Internet of Things and virtual and augmented reality.
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January 29, 2026
Conn. Drug Price Cap Survives Distributor Challenge, For Now
The Second Circuit has declined a bid to immediately block the state of Connecticut from enforcing a cap on generic and off-patent drug prices while the Healthcare Distribution Alliance, a collection of wholesale distributors, challenges the new law.
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January 29, 2026
FCC's Carr Says More Plans To 'Delete' Regs On Way Soon
The chief of the Federal Communications Commission says more rounds of his "Delete, Delete, Delete" initiative to scale back what he views as obsolete telecom rules will be coming up soon.
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January 29, 2026
Conn. Cinches Consumer Safeguards In $34.5B Cox-Charter Deal
Connecticut officials have secured "major consumer protections" as Charter Communications Inc. seeks to acquire Cox Communications in a $34.5 billion deal, as well as a commitment to keep a corporate office in Stamford, according to the state attorney general's office.
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January 29, 2026
FCC To Collect More Info On Cos.' Ties With US Adversaries
The Federal Communications Commission voted Thursday to require companies seeking telecommunications approvals to attest in writing if they are owned or controlled by foreign adversaries in a bid to increase national security in the media and telecom industries.
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January 29, 2026
Full 6th Circ. To Review Cert. In State Farm Vehicle Value Suit
The full Sixth Circuit agreed Thursday to review the certification of a class of approximately 90,000 State Farm policyholders in a suit claiming the insurer systematically undervalues totaled vehicles, setting aside a previous order affirming the certification.
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January 29, 2026
Vape Cos. Tell 4th Circ. Not To Stay Block On Va. Regs
A pair of vape companies is urging the Fourth Circuit not to issue a stay on an order blocking enforcement of a Virginia law prohibiting the sale of unapproved e-cigarettes, saying the district court correctly found that portions of the law were preempted by federal law.
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January 29, 2026
DC Circ. Urged To Revive PJM Watchdog's Access Fight
The electricity market watchdog for PJM Interconnection on Thursday urged the D.C. Circuit to reconsider its dismissal of its lawsuit over the Federal Energy Regulatory Commission denying it access to certain committee meetings held by the regional grid operator.
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January 29, 2026
Colo. Co. Says Competitor Passed Condo Project As Its Own
A Colorado real estate management company alleged in state court that a Georgia competitor used its confidential information to build a condominium project in the same market and claimed two other condo projects the Colorado company says it developed.
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January 29, 2026
PubMatic Fails To Score Complete Dismissal Of Privacy Suit
A California federal judge has largely refused to dismiss a proposed class action that accuses digital advertising firm PubMatic Inc. of secretly tracking internet users across the web and selling their data, with the judge allowing most privacy and wiretapping claims to move forward.
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January 29, 2026
GOP-Led Crypto Bill Clears Senate Panel In Party-Line Vote
The Senate Agriculture Committee advanced a Republican-led proposal to regulate crypto markets on Thursday with a vote that fell starkly along party lines after Democrats made clear they would not support the bill without provisions to prevent public officials from profiting from crypto ventures.
Expert Analysis
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Series
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.
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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.