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Consumer Protection
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January 01, 2026
Blue Slip Fight Looms Over Trump's 2026 Judicial Outlook
In 2025, President Donald Trump put 20 district and six circuit judges on the federal bench. In the year ahead, a fight over home state senators' ability to block district court picks could make it more difficult for him to match that record.
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January 01, 2026
BigLaw Leaders Tackle Growth, AI, Remote Work In New Year
Rapid business growth, cultural changes caused by remote work and generative AI are creating challenges and opportunities for law firm leaders going into the New Year. Here, seven top firm leaders share what’s running through their minds as they lie awake at night.
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December 23, 2025
Walmart Gets $623K As Sanction Award In Avocado Oil Suit
A California federal judge has ordered two attorneys from a Santa Monica-based law firm to pay Walmart $623,000 in attorney fees as a sanction in their client's decertified class action that accused Walmart of falsely labeling its avocado oil as containing only avocado oil despite allegedly containing other oils.
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December 23, 2025
Top Illinois Decisions Of 2025
State and federal courts have handed down rulings in Illinois cases this year that made clear plaintiffs must allege concrete injury for common law standing, narrowed the scope of the federal anti-kickback statute and laid out a new standard for certifying collective actions.
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December 23, 2025
Philly Joins MDL Against Drug Cos., PBMs Over Insulin Prices
Philadelphia on Tuesday sued drug manufacturers Eli Lilly, Novo Nordisk and Sanofi, along with several pharmacy benefit managers, joining multidistrict litigation in New Jersey federal court accusing the companies of illegally inflating the price of insulin.
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December 23, 2025
Blackstone's LivCor Latest To Settle Rent Price-Fixing Claims
LivCor LLC, a subsidiary of Blackstone, has agreed to a proposed settlement with the U.S. Department of Justice that would resolve allegations the landlord used RealPage's revenue management software to fix rent prices, according to a proposed consent decree filed in North Carolina federal court Tuesday.
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December 23, 2025
Full 9th Circ. Won't Hear Ex-Theranos Exec Balwani's Appeal
A Ninth Circuit panel rejected ex-Theranos executive Ramesh "Sunny" Balwani's en banc hearing request to reconsider his 12-count conviction and nearly 13-year prison sentence, while also amending its opinion to clarify that there was "ample evidence" to convict Balwani, even if prosecutors failed to correct a witness's testimony.
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December 23, 2025
OCC Wants To Preempt State Mortgage Escrow Interest Laws
The Office of the Comptroller of the Currency has unveiled a pair of proposals aiming to, among other things, preempt state laws requiring banks it regulates to make interest payments for escrow accounts connected to certain types of residential mortgage loans, calling it a "critical tool for reducing unnecessary burden."
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December 23, 2025
Telcoin Sues To Freeze $1.5M In Stolen Crypto-Assets
Cryptocurrency platform Telcoin LLC has gone to California federal court seeking an emergency injunction and damages against unknown hackers who allegedly siphoned millions in digital assets from customer wallets on Christmas Day 2023.
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December 23, 2025
Arby's, Dunkin' Owner Dodges Web Cookie Suit, For Now
A California federal judge dismissed a proposed class action Monday against Arby's, Jimmy John's, Dunkin', Baskin-Robbins and their parent company alleging their websites contained cookie banners falsely promising to remove trackers, finding the plaintiffs failed to meet heightened pleading standards required when the claims are based in fraud allegations.
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December 23, 2025
CFPB Says Earned Wage Access Products Aren't Loans
The Consumer Financial Protection Bureau has determined that "earned wage access" products are generally not considered credit covered by the Truth in Lending Act, while withdrawing a Biden-era proposed interpretive rule that would have identified all such products as credit.
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December 23, 2025
Disney Wants ESPN Streaming Rates Suit Sent To Arbitration
Disney is seeking to force a proposed class of Fubo subscribers to arbitrate their claims that Disney unlawfully made streaming services pay inflated rates for ESPN and other sports channels, telling a California federal judge that the company can enforce Fubo's arbitration clause after its purchase of the streamer.
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December 23, 2025
Google Not A Common Carrier, Think Tanks Tell Ohio Judges
Right-leaning institutions are lining up behind Google before an Ohio appeals court to argue that the state is trying to "skirt the First Amendment" by fighting to have the internet titan classified as a common carrier and a lower court was right to rebuff the attempt.
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December 23, 2025
CFPB Shifts Focus To Debanking, Intentional Discrimination
To align with objections set by the Trump administration, the Consumer Financial Protection Bureau is turning its attention to "debanking" moving forward and has closed all open investigations that were based on disparate impact liability or unintentional discrimination.
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December 23, 2025
Texas Phone App Age Law Blocked Days Before Taking Effect
A Texas federal judge on Tuesday overturned a state law that would age-gate app downloads and require app stores to display age ratings, holding that the law failed the narrow-tailoring standard under strict scrutiny, just days before it was set to take effect.
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December 23, 2025
Shuttered Network Co. Gets One More Chance Against AWS
A shuttered network optimization startup has one more chance to fix market definition and other failings in its antitrust case accusing Amazon Web Services Inc. of deliberately sabotaging its work to drive it out of business, after a Washington federal judge gutted most of the suit Monday.
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December 23, 2025
State Telecom Roundup: AGs Step Up War On Robocalls
Americans have been pummeled by more than 2.5 billion robocalls every month this year, and stanching the onslaught has become one of the more bipartisan issues in national politics. Federal and state authorities also agree on the magnitude of the issue, and the nation's attorneys general are teaming up for battle across the country at the state level.
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December 23, 2025
Notable New Jersey Legislation In 2025
New Jersey lawmakers delivered policy shifts in 2025, advancing measures in criminal justice, workplace regulation and emerging technology.
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December 23, 2025
Mich. Judge Gives Final OK To $150M Chevy EV Battery Deal
A Michigan federal judge Monday gave the final approval to a $150 million deal to resolve claims that General Motors sold Chevy Bolt vehicles with a battery defect that posed a fire risk, finding the agreement was in the best interest of class members.
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December 23, 2025
Patients Say Pa. Med Mal Firm Left Data Vulnerable To Hackers
A Pittsburgh law firm that handles medical malpractice and insurance litigation faces a proposed class action complaint alleging that it failed to protect the private health and personal data of patients whose information was stolen in a data breach.
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December 23, 2025
'Gas Station Heroin' Cos. Sued Over User's Overdose
The estate of a woman who died of a tianeptine overdose is suing the makers and sellers of tianeptine products in Pennsylvania state court, saying while they market the products as safe diet supplements, they're actually highly addictive opioids.
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December 22, 2025
NY's James, 21 Other Dem AGs Say CFPB Defunding Unlawful
New York Attorney General Letitia James led a coalition of nearly two dozen Democratic attorneys general in claiming the Trump administration's effort to defund the Consumer Financial Protection Bureau is illegal, telling an Oregon federal court Monday the municipalities are statutorily entitled to the CFPB's resources
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December 22, 2025
FTC Tosses Ban On AI-Fueled Tool For Stifling Innovation
The Federal Trade Commission on Monday threw out a 2024 order that imposed a ban on an artificial intelligence-powered writing assistance service that allegedly enabled its subscribers to generate false and deceptive online reviews, concluding that the prior directive was inconsistent with the Trump administration's current policy against undermining innovation in the emerging AI field.
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December 22, 2025
Black & Decker Delayed Dangerous Defects Reports, Feds Say
Stanley Black & Decker Inc. knowingly dragged its feet on reporting potential hazardous defects in some of its utility bars and miter saws for years in violation of the Consumer Product Safety Act, according to a suit filed Monday by the U.S. Department of Justice.
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December 22, 2025
Trump Admin Adds Drones To Nat'l Security Threat List
The Federal Communications Commission on Monday deemed new foreign-made drones an unacceptable risk to the national security and safety of the country.
Expert Analysis
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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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Series
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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Series
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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Series
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.
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Junior Attys Must Beware Of 5 Common Legal Brief Mistakes
Excerpt from Practical Guidance
Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.
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Opinion
State AGs, Not Local Officials, Should Lead Public Litigation
Local governments’ public nuisance lawsuits can raise constitutional and jurisdictional challenges, reinforcing the principle that state attorneys general — not municipalities — are best positioned to litigate on behalf of citizens when it is warranted, says former Utah Attorney General John Swallow.
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Assessing Legal, Regulatory Hurdles Of Healthcare Offshoring
The offshoring of administrative, nonclinical functions has emerged as an increasingly attractive option for healthcare companies seeking to reduce costs, but this presents challenges in navigating the web of state restrictions on the access or storage of patient data outside the U.S., say attorneys at McDermott.
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As Student Loan Outlook Dims, What Happens To The Banks?
While much of the news around the student loan crisis focuses on the direct impact on young Americans' decreasing credit scores, the fate of the banks themselves — and the effect on banking policy — has been largely left out of the narrative, says Madeline Thieschafer at Fredrikson & Byron.
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Demystifying Generative AI For The Modern Juror
In cases alleging that the training of artificial intelligence tools violated copyright laws, successful outcomes may hinge in part on the litigator's ability to clearly present AI concepts through a persuasive narrative that connects with ordinary jurors, say Liz Babbitt at IMS Legal Strategies and Devon Madon at GlobalLogic.
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Digital Asset Report Opens Doors For Banks, But Risks Linger
A recent report from a White House working group discussing digital asset market structure signals how banks may elect to expand into digital asset custody, trading and related services in the years ahead, but the road remains layered with challenges, say attorneys at Foley & Lardner.
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3rd Circ. Clarifies Ch. 11 3rd-Party Liability Scope Post-Purdue
A recent Third Circuit decision that tort claims against the purchaser of a debtor's business belong to the debtor's bankruptcy estate reinvigorates the use of Chapter 11 for the resolution of nondebtor liability in mass tort bankruptcies following last year's U.S. Supreme Court ruling in Purdue Pharma, say attorneys at Sullivan & Cromwell.