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Consumer Protection
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February 17, 2026
Blackbaud To Face Revived Data Breach Subrogation Suits
Delaware's highest court has revived a bid by a group of insurers to recover expenses incurred for clients of Blackbaud Inc. following a major ransomware attack on the software developer's systems, saying the insurers adequately alleged that Blackbaud breached agreements to protect the clients' sensitive data.
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February 17, 2026
Dismissal Of FTC Merger Rule Shows Nothing 'Broken' To 'Fix'
Some antitrust practitioners see vindication in last week's Texas federal court decision throwing out the Federal Trade Commission's premerger reporting overhaul, saying it gives credence to arguments that U.S. antitrust enforcers were trying to plug holes in merger review where there were none.
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February 17, 2026
FTC, States Urged To Halt Meta's Plan For Face ID In Glasses
A consumer advocacy group is pushing the Federal Trade Commission and nearly a dozen state enforcers to shut down Meta's reported plans to add facial recognition capabilities to its smart glasses, arguing that the feature would pose "a grave risk to privacy, safety and civil liberties."
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February 17, 2026
States Hit Discovery Roadblocks In HPE Merger Fight With DOJ
A California federal judge mostly sided with the Justice Department on Tuesday on the latest discovery disputes in state attorneys general's challenge to a DOJ settlement greenlighting Hewlett Packard Enterprise's $14 billion Juniper acquisition, ruling that HPE doesn’t need to reveal who's bidding for divested assets, and refusing to delay deadlines.
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February 17, 2026
Unilever's Deal Over Benzene Allegations Hits Speed Bump
A Connecticut federal judge on Tuesday declined to grant preliminary approval to a proposed $3.6 million class action settlement with Unilever to end claims that certain aerosol dry shampoo propellants contained benzene, saying the settlement class is too broad and that the covered time period goes back too far.
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February 17, 2026
Walgreens Can't Ditch 'Dishwasher Safe' Cutlery Dispute
An Illinois federal judge largely rejected a bid from Walgreen Co. and other companies to ditch a proposed class consumer suit targeting plastic cutlery that melted in a dishwasher, saying the customer has plausibly alleged that the utensils' front packaging label features a misleading claim that they are "dishwasher safe."
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February 17, 2026
Waste Co. Republic Sued Over Alleged Seattle River Pollution
Waste management company Republic Services was hit with a Clean Water Act lawsuit in Washington federal court Friday by an environmental watchdog group for allegedly releasing polluted water from an industrial site near Seattle's Duwamish River.
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February 17, 2026
AI's Needs Outpace Broadband Infrastructure, Report Says
The "artificial intelligence boom" is going to mean slower internet speeds for consumers if Congress doesn't do something to make commercial spectrum less scarce, according to a new report from a conservative-leaning policy group.
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February 17, 2026
CFTC Backs Prediction Markets In 9th Circ. Fight With Nevada
U.S. Commodity Futures Trading Commission Chair Michael Selig told state gaming regulators Tuesday that he intends to defend his agency's "exclusive jurisdiction" over prediction markets, starting with a brief to the Ninth Circuit backing Crypto.com in an ongoing brawl with Nevada regulators over its sports wagers.
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February 17, 2026
Colo. Utility Advocates Dispute Energy Financing Program
The Colorado Office of the Utility Consumer Advocate, or UCA, claimed in Colorado state court Friday that a recent decision to approve a tariffed on-bill financing program to help customers purchase energy efficiency upgrades violates state law.
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February 17, 2026
FCC Investigating Possible Lifeline Fraud In Calif., Beyond
Lifeline providers in states that were allowed to opt out of the federal verification process might soon find themselves in the hot seat, as the Federal Communications Commission revealed Tuesday it has launched investigations into certain providers from three states.
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February 17, 2026
9th Circ. Clears Way For Nev. Gaming Action Against Kalshi
The Ninth Circuit on Tuesday denied Kalshi's request to keep its sports event contracts safe from Nevada gaming regulators, clearing the way for the state to bring a civil enforcement action against the online trading platform.
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February 17, 2026
FCC's Equal Time Stance Blasted As Colbert Tanks Interview
Progressives called the Federal Communications Commission's rollout of equal-time policies against late-night talk shows slanted after Stephen Colbert blamed the FCC for being forced to move an interview with a Democratic Senate candidate off the air.
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February 17, 2026
Atty Can't Both Lead And Rep Class In Lawsuit, NJ Court Says
An attorney can't be both the lead plaintiff and class counsel in a class action, a New Jersey appeals court ruled Tuesday, leaning on a more than 40-year-old state supreme court decision in denying class certification in a lawsuit accusing an electric bike maker of selling defective products.
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February 17, 2026
Judge Rips Drugmakers' Borderline 'Disingenuous' Appeal Bid
A Connecticut federal judge has rejected generic-drug makers' request for a quick appeal of his ruling denying them summary judgment on states' claims they engaged in an "overarching conspiracy" to fix prices, slamming the request for being borderline "disingenuous," mischaracterizing his reasoning and ignoring direct evidence of alleged wrongdoing.
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February 17, 2026
CFTC Lands $1.3M Settlement In Immigrant Fraud Case
The Commodity Futures Trading Commission has reached a $1.3 million settlement with the operator of an unlicensed commodity pool who allegedly targeted dozens of Spanish-speaking immigrants in a $1.5 million Ponzi-like scheme that used a fictitious license containing a counterfeit CFTC seal and a forged commissioner's signature to falsely promise investors guaranteed monthly returns.
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February 17, 2026
Globe Life Reaches $4.66M Deal Over Client Data Breach
Globe Life Inc. and a subsidiary have agreed to pay up to $4.66 million to resolve a proposed class action alleging the life insurance companies failed to protect the private information of policyholders and applicants from an October 2024 data breach, according to a filing in Texas federal court.
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February 17, 2026
FCC Threatens To Nix Mich. Radio Licenses Over Unpaid Fees
The Federal Communications Commission said it will yank the licenses for seven Michigan radio stations if the company that holds the licenses fails to pay the regulatory fees it has been delinquent on for several years.
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February 17, 2026
Union Says Express Scripts Diverted Billions In Kickback Fees
A Chicago plumbers union healthcare fund told an Illinois federal court Tuesday that the nation's largest pharmacy benefit manager, Express Scripts, violated federal criminal law when it used a Switzerland-based company to hide kickbacks it generated by charging drug companies fees for key placement on prescription plan drug lists.
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February 17, 2026
Pepsi And Walmart Inflated Soda Prices, ND Businesses Say
Pepsi and Walmart devised a plan to inflate prices for Pepsi soft drinks above competitive levels, two North Dakota businesses said in a proposed class action in New York federal court that alleges the companies violated federal antitrust laws.
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February 17, 2026
Aviation, Wireless Biz Work On 'Consensus' For C-Band
Federal aviation experts are working closely with the wireless industry to develop a "consensus framework" for next-generation aircraft safety gear to avoid congestion of 5G and flight signals in the C-band, a carriers' group says.
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February 17, 2026
Boeing, Ex-CEO Escape Fund's 737 Max Fraud Suit
An Illinois federal judge on Tuesday tossed a securities fraud suit accusing Boeing of misrepresenting the safety of its 737 Max 8 jets after two deadly crashes overseas, saying a Massachusetts-based investment fund cannot pursue claims purportedly assigned to it by a defunct assignor.
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February 17, 2026
Kalshi Wins Stay Of Mass. Injunction Amid Appeal
Massachusetts' intermediate-level appeals court on Tuesday granted prediction market Kalshi a reprieve from having to comply with an order blocking it from offering sports-related event contracts in the state, pending the outcome of an expedited appeal.
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February 17, 2026
Kids Cup Brand Says Testing Co. Missed High Lead Levels
A Massachusetts testing firm failed to identify higher-than-allowed lead levels in a line of stainless steel tumblers marketed for children, leading to a recall of about 400,000 cups, the brand's owner alleged in a state court complaint docketed Tuesday.
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February 17, 2026
J&J Fights Beasley Allen's Bid To Pause Talc DQ Ruling
A New Jersey state court lacks standing to block an appellate panel's removal of Beasley Allen from representing hundreds of women with ovarian cancer pursuing claims against Johnson & Johnson over talcum powder, the pharmaceutical company has argued in an opposition brief.
Expert Analysis
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What Businesses Offering AI Should Expect From The FTC
The Federal Trade Commission's move to reopen and set aside an administrative order against Rytr shows that the FTC is serious about executing on the administration's Artificial Intelligence Action Plan, and won't stand in the way of businesses offering AI products with pro-consumer, legitimate uses, say attorneys at Reed Smith.
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Lessons From EdTech Provider's Data Breach Settlements
Education technology company Illuminate Education's recent settlements with three states and the Federal Trade Commission over state privacy law claims following a student data breach are some of the first of their kind, suggesting a shift in enforcement focus to how companies handle student data and highlighting the potential for coordinated enforcement actions, say attorneys at Wilson Sonsini.
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State Of Insurance: Q4 Notes From Pennsylvania
Last quarter in Pennsylvania, a Superior Court ruling underscored the centrality of careful policy drafting and judicial scrutiny of exclusionary language, and another provided practical guidance on the calculation of attorney fees and interest in bad faith cases, while a proposed bill endeavored to cover insurance gaps for homeowners, says Todd Leon at Marshall Dennehey.
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Cybersecurity Must Remain Financial Sector's Focus In 2026
In 2026, financial institutions face a wave of more prescriptive cybersecurity legal requirements demanding clearer governance, faster incident reporting, and stronger oversight of third-party and AI-driven risks, making it crucial to understand these issues before they materialize into crises, say attorneys at Sidley.
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Series
Adapting To Private Practice: 5 Tips From Ex-SEC Unit Chief
My move to private practice has reaffirmed my belief in the value of adaptability, collaboration and strategic thinking — qualities that are essential not only for successful client outcomes, but also for sustained professional satisfaction, says Dabney O’Riordan at Fried Frank.
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Series
Law School's Missed Lessons: How To Start A Law Firm
Launching and sustaining a law firm requires skills most law schools don't teach, but every lawyer should understand a few core principles that can make the leap calculated rather than reckless, says Sam Katz at Athlaw.
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5 Compliance Takeaways From FINRA's Oversight Report
The priorities outlined in the Financial Industry Regulatory Authority's recently released annual oversight report focus on the organization's core mission of protecting investors, with AI being the sole new topic area, but financial firms can expect further reforms aimed at efficiency and modernization, say attorneys at Armstrong Teasdale.
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Key False Claims Act Trends From The Last Year
The False Claims Act remains a powerful enforcement tool after some record verdicts and settlements in 2025, and while traditional fraud areas remain a priority, new initiatives are raising questions about its expanding application, says Veronica Nannis at Joseph Greenwald.
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Reel Justice: 'Die My Love' And The Power Of Visuals At Trial
The powerful use of imagery to capture the protagonist’s experience of postpartum depression in “Die My Love” reminds attorneys that visuals at trial can persuade jurors more than words alone, so they should strategically wield a new federal evidence rule allowing for illustrative aids, says Veronica Finkelstein at Wilmington University.
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How Payments Law Landscape Will Evolve In 2026
After a year of change across the payments landscape, financial services providers should expect more innovation and the pushing of regulatory boundaries, but should stay mindful that state regulators and litigation will continue to challenge the status quo, say attorneys at Troutman.
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Series
Hosting Exchange Students Makes Me A Better Lawyer
Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.
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OCC's New Fee Clearance Shows Further Ease Around Crypto
The Office of the Comptroller of the Currency's recent holding that banks can use crypto-assets to pay certain blockchain network fees shows that the OCC is further warming to the idea that organizations are using new methods to do "the very old business of banking," say attorneys at Jones Day.
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How A 1947 Tugboat Ruling May Shape Work Product In AI Era
Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.
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Navigating Privilege Law Patchwork In Dual-Purpose Comms
Three years after the U.S. Supreme Court declined to resolve a circuit split in In re: Grand Jury, federal courts remain split as to when attorney-client privilege applies to dual-purpose legal and business communications, and understanding the fragmented landscape is essential for managing risks, say attorneys at Covington.
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AG Watch: Calif. Fills Federal Consumer Protection Void
California's consumer protection efforts seem to be intensifying as federal oversight wanes, with Attorney General Rob Bonta recently taking actions related to buy now, pay later products, credit reporting and medical debt, consumer credit discrimination, and the use of artificial intelligence in consumer services, say attorneys at Cooley.