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Consumer Protection
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October 06, 2025
Catching Up With Delaware's Chancery Court
Last week, the owner of the Kentucky Derby was hit with a suit accusing it of withholding escrow funds for environmental compliance violations owed under a 2022 deal with hospitality company Enchantment Holdings LLC.
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October 06, 2025
NC Chamber Says AG Overstepping In DuPont Pollution Suit
The North Carolina Chamber has urged the state's top court to review a forever chemical contamination suit against two DuPont spinoffs, saying state Attorney General Jeff Jackson is "driving far outside of his lane" by continuing to press forward with the case.
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October 06, 2025
Buyers Launch False Ad Suit Over Trader Joe's Probiotics
Two buyers have hit Trader Joe's Co. with a proposed class action alleging that the store's probiotics products contain far fewer "good bacteria" than advertised, with less than 8 billion colony forming units rather than the 30 billion the store claims.
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October 06, 2025
State Farm Underpaid Totaled Vehicle Claims, NC Drivers Say
A proposed class of drivers told a North Carolina federal court that State Farm has systematically manipulated data in vehicle valuation reports to underpay policyholders' claims for totaled vehicles in violation of the state's total loss regulation.
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October 06, 2025
FirstEnergy Pushes Justices To Restore FERC Grid Incentive
FirstEnergy Corp. has said electricity markets would be roiled by uncertainty if the U.S. Supreme Court doesn't undo the Federal Energy Regulatory Commission's revocation of an incentive for power companies that are required to be members of a regional transmission organization.
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October 06, 2025
Land Buying Co. Hit With TCPA Suit In NC
A North Carolina-based land buying company wrongfully sent unsolicited text messages to people who were on the National Do Not Call Registry, according to a proposed class action filed in North Carolina federal court.
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October 06, 2025
Justices Won't Hear Coinbase's Calif. Arbitration Challenge
The U.S. Supreme Court on Monday declined to take up a case from Coinbase over whether federal arbitration laws preempt a California high court precedent that enabled a group of users to keep the crypto exchange in court over claims it misrepresented the security of its platform.
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October 06, 2025
Justices Won't Review Blacklisting Case Against LegitScript
The U.S. Supreme Court refused Monday to review a bid from LegitScript to duck an antitrust case accusing it of blacklisting a drug price checking website despite contentions that it facilitates illegal imports of prescription drugs.
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October 06, 2025
Justices Won't Hear Nissan Sunroof Defect Class Spat
The U.S. Supreme Court on Monday declined to take up Nissan North America Inc.'s bid to unravel certified classes of drivers alleging the automaker sold vehicles with defective panoramic sunroofs, a case that sought additional clarity on standards that might allow uninjured plaintiffs to pursue class claims against corporate defendants.
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October 03, 2025
Up First At High Court: Election Laws & Conversion Therapy
The U.S. Supreme Court will hear oral arguments in six cases during the first week of its October 2025 term, including in disputes over federal candidates' ability to challenge state election laws, Colorado's ban on conversion therapy, and the ability of a landlord to sue the U.S. Postal Service for allegedly refusing to deliver mail.
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October 03, 2025
SEC Lands $4M Judgment In Advisory Firm Fraud Case
A defunct investment advisory firm is on the hook for a $2 million civil penalty and, together with its former co-owner, another $2 million in disgorgement as part of a resolution of a U.S. Securities and Exchange Commission suit accusing the co-owner of siphoning funds from her elderly female advisory clients.
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October 03, 2025
'Self-Inflicted' Harm Can't Prop Up Ill. Publicity Suit
An Illinois federal judge has tossed a proposed class action accusing people search site InfoTracer of illegally using individuals' names and likenesses to advertise its products, finding that the only harm alleged was "self-inflicted" because the plaintiff had failed to show that anyone other than her own counsel had searched for her information.
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October 03, 2025
Google Ad Tech Judge: 'We Don't Know' Breakup Buyer
A Virginia federal judge questioned Friday whether the breakup of Google's advertising placement technology business sought by the U.S. Department of Justice would benefit website publishers as a government witness asserted.
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October 03, 2025
Meta Gets Facebook Ad Overcharging Suit Tossed, For Now
A California federal judge on Friday dismissed a proposed class action from Iron Tribe Fitness claiming Meta Platforms Inc. secretly overcharged Facebook advertisers $4 billion by using an undisclosed auction system, but gave the fitness company the opportunity to submit a bolstered complaint.
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October 03, 2025
4 Top Supreme Court Cases To Watch This Term
After a busy summer of emergency rulings, the U.S. Supreme Court will kick off its October 2025 term Monday with only a few big-ticket cases on its docket — over presidential authorities, transgender athletes and election law — in what might be a strategically slow start to a potentially momentous term. Here, Law360 looks at four of the most important cases on the court's docket so far.
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October 03, 2025
FCC Hears Prison Phone Companies' Calls To Drop Rate Caps
The Federal Communications Commission wants to drop the rate caps that the previous administration's FCC set for prison phone services, according to an announcement Friday from the agency.
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October 03, 2025
6th Circ. Will Hear Ohio PBM Fight Arguments In December
The Sixth Circuit will hear arguments from the state of Ohio and the pharmacy benefit managers it's accusing of colluding to raise the price of prescription medications in December to decide whether the matter belongs in state or federal court.
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October 03, 2025
Politico Data Tracking Suit Sent Back To Calif. State Court
A California federal court has thrown out a proposed class action against Politico claiming the online news outlet unlawfully installed third-party trackers on users' browsers to collect data and personally identifying information without their consent, sending the case back to state court.
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October 03, 2025
High Court Broker Negligence Case 'Pivotal' For Trucking
The U.S. Supreme Court grabbed an opportunity to smooth out splintered circuit court rulings on whether freight brokers might also be liable for roadway accidents that have killed or injured people, potentially providing long-sought clarity to middlemen in a trucking and logistics sector unnerved by recent supersized verdicts against carriers and drivers.
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October 03, 2025
Wells Fargo To Pay $33M To End 'Free Trial' Scam Suit
Wells Fargo agreed to pay $33 million to resolve allegations it played a supporting role in two "free trial" marketing ploys that pulled $200 million from consumers, schemes that were the subject of since-settled Federal Trade Commission cases brought in 2018 against Triangle Media Corp. and Apex Capital Group LLC.
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October 03, 2025
Vape Cos. Tell 5th Circ. FDA Erred On Flavored E-Cigs
Multiple vaping companies told the Fifth Circuit that the U.S. Food and Drug Administration overstepped its authority when it blocked approval of their flavored e-cigarettes since it skipped a full review of the available information, including the regulator's own survey data showing that minors aren't using them.
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October 03, 2025
Video Platform Rumble Defends Claims In Google Ad Tech MDL
Video-sharing site Rumble Inc. urged a New York federal court on Friday not to toss its claims in the multidistrict litigation over Google's advertising technology, saying the allegations are similar to those being brought by federal and state enforcers and others that all survived dismissal.
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October 03, 2025
Nurse Staffing Exec Says Jury Misled In Wage-Fixing Case
A nurse staffing executive convicted of wage fixing and wire fraud is asking a Nevada federal court for a new trial, arguing that prosecutors misled the jury about a cooperating witness's leniency deal.
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October 03, 2025
2nd Circ. Erases Injunction In Pet Supplement False Ad Fight
The Second Circuit on Friday undid a lower court order blocking Zesty Paws from billing itself in ads as the top U.S. pet supplement brand, saying it didn't apply the proper standard correctly.
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October 03, 2025
Roush's NASCAR Team Accused Of Exposing Employee Data
Professional stock car racing team Roush Fenway Keselowski Racing LLC has been hit with a putative class action in North Carolina federal court accusing it of failing to safeguard employees' sensitive information, resulting in a data breach.
Expert Analysis
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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23andMe Fine Signals ICO's New GDPR Enforcement Focus
Many of the cybersecurity failures identified by the Information Commissioner’s Office in its investigation of 23andMe, recently resulting in a £2.3 million fine, were basic lapses, but the ICO's focus on several new U.K. General Data Protection Regulation considerations will likely carry into the future, say lawyers at Womble Bond.
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How Courts Are Addressing The Use Of AI In Discovery
In recent months, several courts have issued opinions on handling discovery issues involving artificial intelligence, which collectively offer useful insights on integrating AI into discovery and protecting work product in connection with AI prompts and outputs, says Philip Favro at Favro Law.
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Midyear Rewind: How Courts Are Reshaping VPPA Standards
The first half of 2025 saw a series of cases interpreting the Video Privacy Protection Act as applied to website tracking technologies, including three appellate rulings deepening circuit splits on what qualifies as personally identifiable information and who qualifies as a consumer under the statute, say attorneys at Perkins Coie.
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Tips For Crypto AI Agent Developers Under SEC Watch
With agents powered by artificial intelligence increasingly making decisions in the cryptocurrency world, there's a chance the U.S. Securities and Exchange Commission could use the Investment Advisers Act to regulate this technology in financial services, but there are ways developers can mitigate regulatory risks, say attorneys at Morrison Cohen.
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What's Next For CFPB After 'Big Beautiful' Funding Cuts
While the One Big Beautiful Bill Act's funding cuts to the Consumer Financial Protection Bureau are unlikely to have an independent effect in the short run, they could exacerbate the existing issue of wide regulatory fluctuations in successive administrations in the longer run, say attorneys at Covington.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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4 In-Flux Employment Law Issues Banks Should Note
Attorneys at Ogletree provide a midyear update on employment law changes that could significantly affect banks and other financial service institutions — including federal diversity equity and inclusion updates, and new and developing state and local artificial intelligence laws.
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New DOJ Penalty Policy Could Spell Trouble For Cos.
In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.
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Influencer Marketing Partnerships Face Rising Litigation Risk
In light of recent class actions claiming that brands and influencers are misleading consumers with deceptive marketing practices — largely premised on the Federal Trade Commission's endorsements guidance — proactive compliance measures are becoming more important, say attorneys at Olshan Frome.
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5 Consumer Protection Compliance Issues In NY State Budget
Companies that engage with New York consumers should promptly familiarize themselves with new state budget provisions that require finance and retail companies to make certain business practices more transparent and easier for customers to execute, say attorneys at Mintz.
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High Court Cert Spotlights Varying Tests For Federal Removal
A recent decision by the U.S. Supreme Court to review Chevron v. Plaquemines Parish, a case involving the federal officer removal statute, highlights three other recent circuit court decisions raising federal removal questions, and serves as a reminder that defendants are the masters of removal actions, says Varun Aery at Hollingsworth.
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Open Banking Is On Ice As CFPB Seeks To Toss Its Own Rule
Even as the Consumer Financial Protection Bureau's efforts to toss its open banking rule play out in Kentucky federal court, it remains statutorily required to effectuate consumer access to data, raising questions about how it would replace the previously finalized standard, say attorneys at Cooley.
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Opinion
DOJ's HPE-Juniper Settlement Will Help US Compete
The U.S. Department of Justice settlement with Hewlett Packard Enterprise clears the purchase of Juniper Networks in a deal that positions the U.S. as a leader in secure, scalable networking and critical digital infrastructure by requiring the divestiture of a WiFi network business geared toward small firms, says John Shu at Taipei Medical University.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.