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Consumer Protection
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October 15, 2025
Some Sugar Producers Escape Info Sharing Claims
A Minnesota federal court dismissed several major sugar producers from a case accusing them of sharing competitively sensitive information but is allowing claims against Domino and United Sugar Producers & Refiners to proceed.
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October 15, 2025
Consumer Says Nail Fungus Product Falsely Marketed
A North Carolina man hit Arcadia Consumer Healthcare Inc. with a proposed class action in federal court accusing the company of falsely advertising that its product Fungi-Nail is meant to treat nail fungus, although the fine print on the back label says otherwise.
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October 15, 2025
Cal Poly Athletes Told Objections To NIL Deal Don't Hold Water
The members of a college swimming and diving team that was eliminated by its school last March should blame the school itself for its demise, not the negotiators of a $2.78 billion class action athlete compensation settlement, the NCAA and the athlete class representatives told a California federal court in response to their objections.
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October 15, 2025
Newsmax Says It Can Refile Fox Antitrust Fight In Wisconsin
Newsmax is fighting back against Fox Corp.'s attempt to ship the conservative cable news broadcaster's antitrust suit back to Florida, saying there's no evidence that it's "clearly more convenient" to litigate the matter in the Sunshine State compared to Wisconsin.
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October 15, 2025
Crypto.com Can't Block Nev. Action Over Event Contracts
A Nevada federal judge decided not to bar state gaming regulators from taking action over Crypto.com's event contracts for now, reaching a different conclusion than his earlier ruling in a similar challenge from event contract platform Kalshi after finding that Crypto.com's contracts do not appear to qualify as swaps under the Commodity Exchange Act.
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October 15, 2025
Glock Loses Bid To Toss New Jersey AG's Gun Violence Suit
A New Jersey state judge has declined to dismiss a suit brought by the state's attorney general seeking to hold Glock Inc. liable for gun violence, finding that a recent U.S. Supreme Court decision in a case brought by Mexico against gunmakers doesn't bar the state's claims.
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October 15, 2025
AGs Concerned About Landlord Settlements In RealPage Case
Attorneys general of the District of Columbia and three states told a Tennessee federal court Wednesday that they have concerns about a combined $141.8 million worth of class settlements for antitrust claims against several multifamily landlords that allegedly used property management software company RealPage Inc.'s technology for rent price-fixing.
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October 15, 2025
Carriers Take Heat From Hill GOP Over Sens.' Phone Data
The Big Three phone carriers face growing pressure from Capitol Hill Republicans over reports that they tracked eight senators' cellphone data at the FBI's request, with one lawmaker saying there was no "criminal predicate" for the subpoenas.
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October 15, 2025
FCC Looks To Pull Hong Kong Telecom's US Authorization
The Federal Communications Commission has warned it could expel Hong Kong telecom HKT from the U.S. market, citing ties to the Chinese Communist Party.
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October 15, 2025
Geico Says Cos. Owe $415K For Fraudulent Med Gear Scheme
A group of Geico auto insurers told a New York federal court that they are entitled to recoup $415,000 from companies that they allege submitted hundreds of fraudulent no-fault insurance claims, totaling over $1.25 million, for unnecessary durable medical equipment.
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October 15, 2025
9th Circ. Lets Alaska Flyers Redo Hawaiian Merger Case
The Ninth Circuit found that a lower court was right to toss a case from flyers and travel agents challenging the $1.9 billion merger between Alaska Airlines and Hawaiian Airlines but said they should have been given a chance to revise their allegations.
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October 15, 2025
Hawaiian Tropic Sunscreen Maker Hit With SPF False Ad Suit
A proposed class of consumers is suing the makers of a Hawaiian Tropic-branded sunscreen in Connecticut federal court, saying despite the product being advertised as having a sun protection factor, or SPF, of 50, laboratory testing shows it only offers the protection of SPF 20.
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October 15, 2025
Fed. Circ. Affirms ITC Ruling That Brita Filter Patent Is Invalid
The Federal Circuit on Wednesday let stand the U.S. International Trade Commission's decision that a Brita LP water filter patent is invalid, affirming a finding that the patent wasn't adequately described and that it didn't enable someone to make the invention.
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October 15, 2025
Sen. Panel To Consider Bill Meant To Curb Foreign Scam Calls
A U.S. Senate committee later this month will consider a bill to direct Federal Communications Commission resources toward reducing spam robocalls originating overseas.
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May 22, 2025
Fed. Circ. Says Professor Lacks Standing To Fight Rapunzel TM
The Federal Circuit on Thursday backed the Trademark Trial and Appeal Board's rejection of a professor's challenge to a "Rapunzel" trademark as a consumer of fairy tale toy characters, saying the board properly used a framework laid out by the U.S. Supreme Court.
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October 14, 2025
Apple Judge May Decertify Antitrust Class, But Not Toss Case
A California federal judge indicated Tuesday that she may decertify a class of consumers alleging Apple violated antitrust laws with its App Store policies, but said she's unlikely to grant Apple's bid to toss the case on summary judgment.
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October 14, 2025
Fla. AG Hits Roku With Privacy Suit Over Kids' Data Handling
Video streaming platform Roku Inc. is violating Florida's new data privacy law by collecting and selling children's voice recordings, viewing habits and other personal data without proper notice or consent, the state's attorney general alleged in a lawsuit announced Tuesday.
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October 14, 2025
NC Court Denies Early Ruling In Hospital Antitrust Case
Owners of a healthcare system in western North Carolina couldn't prevail in an early summary judgment attempt to avoid antitrust claims, after a North Carolina Business Court judge said the complexity of the request at hand precludes a "piecemeal" ruling.
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October 14, 2025
Full 3rd Circ. Won't Rethink $45M CareDx False Ad Case
The Third Circuit on Tuesday turned down medical testing company CareDx's request to have a full panel mull whether to reinstate a $45 million jury award in a false advertisement case over genetic testing technology against rival Natera.
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October 14, 2025
California Bans Fee Sharing With 'Alternative' Law Firms
California Gov. Gavin Newsom has signed a bill into law that blocks Golden State lawyers and firms from sharing contingency fees with out-of-state firms owned by non-lawyers.
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October 14, 2025
Relief Concerns Grow As Sectoral Tariff Actions Build
Importers' hopes for relief from industrywide tariffs are lagging alongside the trade deals President Donald Trump is trying to broker for some goods, while the administration's accelerated rollout of sectoral levies is also stoking concerns the government may be hamstringing its onshoring goals.
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October 14, 2025
Sony Is Among Latest To Apply For OCC Crypto Bank License
Sony's online banking unit has applied with the Office of the Comptroller of the Currency to set up a U.S. offshoot that would mint stablecoins and custody digital assets, joining a wave of firms that have approached the agency with crypto-related business plans.
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October 14, 2025
Banks Ignored NFT Scam That 'Screamed Fraud,' Court Told
A Texas investor urged a California federal court not to toss his lawsuit accusing East West Bank and Cathay Bank of ignoring red flags from scammers and enabling a $17 million romance scam, saying that he provided enough evidence showing that the banks disregarded obvious signs of fraud.
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October 14, 2025
Salesloft, AppFolio Face Class Action Over Data Breach
Software companies Salesloft Inc. and AppFolio Inc. were hit with a proposed class action in Georgia federal court over an August data breach that allegedly exposed the personal information of more than 72,000 people who had transacted with AppFolio's real estate industry customers.
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October 14, 2025
State Farm Must Submit Underwriting Data, Ill. Regulator Says
Illinois' director of insurance accused State Farm of failing to turn over nationwide data at a zip-code level relating to its homeowners insurance business, telling a state court that the insurance giant has relied on two "legally baseless objections" to avoid its data-sharing obligations.
Expert Analysis
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DOJ Settlement Offers Guide To Avoiding Key Antitrust Risks
The U.S. Justice Department's settlement with Greystar Management shows why parties looking to acquire companies that use pricing recommendation software should carefully examine whether the software algorithm and how it is used in the market create antitrust dangers, say attorneys at Fried Frank.
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Contractor Considerations As Construction Costs Rebound
The U.S. construction industry is navigating rising costs driven by energy and trade policy, which should prompt contractors to review contract structuring, supply chain management and market diversification, among other factors, say attorneys at Cozen O'Connor.
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Series
NC Banking Brief: All The Notable Legal Updates In Q3
There were several impactful changes to the financial services landscape in North Carolina in the third quarter of the year, including statutory updates, enforcement developments from Office of the Commissioner of Banks, and notable mergers, acquisitions and branch expansions, say attorneys at Moore & Van Allen.
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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.