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Consumer Protection
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September 26, 2025
EssilorLuxottica Beats Antitrust Suit, Buyers Get 1 Last Shot
A New York federal judge on Friday dismissed two proposed class actions in a consolidated suit that accuses eyewear EssilorLuxottica SA of monopolizing the U.S. consumer eyewear market, saying that direct and indirect purchasers offered an "implausible and contrived definition" of an asserted premium eyewear market.
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September 26, 2025
States Sue HHS For Order Erasing Gender Ideology In Sex Ed
More than a dozen state attorneys general sued the U.S. Department of Health and Human Services in Oregon federal court Friday, accusing it of violating the Administrative Procedure Act by threatening to revoke grant funding for teen sexual health education unless they eliminate language concerning "gender ideology" from their program materials.
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September 26, 2025
SEC To Weigh Waivers Alongside Enforcement Settlements
U.S. Securities and Exchange Commission Chair Paul Atkins announced Friday the agency will return to a practice of allowing firms to request waivers from follow-on consequences of enforcement actions while they pursue settlement discussions to resolve their case.
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September 26, 2025
CareDx Asks 3rd Circ. To Rethink $45M False Ad Case
Medical testing company CareDx has asked the Third Circuit for a panel rehearing or a rehearing before the entire circuit to consider reinstating a $45 million jury award in a false advertisement case over genetic testing technology against rival Natera.
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September 26, 2025
Google Asks High Court To Pause Epic Play Store Order
Google has asked the U.S. Supreme Court to pause parts of the order won by Epic Games in its antitrust case targeting the tech giant's app store policies, saying the sweeping injunction threatens to create security and privacy concerns for millions of users.
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September 26, 2025
Bayer Investors Seek Final OK Of $38M Settlement, Atty Fees
Bayer AG shareholders have asked a California federal judge to give final approval of its $38 million settlement with the German multinational to end claims it downplayed litigation risks related to the weedkiller Roundup, saying the deal, which seeks over $10 million in attorney fees, is fair.
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September 26, 2025
Skechers Emails Are Misleading Spam, Customers Say
Footwear brand Skechers is blasting shoppers with spam emails that clog their inboxes with false and misleading statements about urgent deals, according to a new proposed class action in Washington federal court seeking more than $6 million for the alleged violations.
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September 26, 2025
Judge Backs Settlement In WanaBana Lead Poisoning Case
A federal judge in Florida on Friday recommended approving a confidential settlement between Dollar Tree and the parents of a toddler who consumed lead from WanaBana cinnamon applesauce pouches, saying it's in the child's best interests given the ongoing litigation over the recalled snacks.
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September 26, 2025
Fla. Urges 11th Circ. To Remand Snap Inc. Suit To State Court
The Florida Office of the Attorney General urged the Eleventh Circuit to undo an order blocking enforcement of a law that requires Snap Inc. to limit teens' access to the platform, arguing the case belongs in state court.
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September 26, 2025
Oldies.com Class Claims Over Video-Buying Info Kept Alive
A Pennsylvania federal judge has ruled that online video seller oldies.com must face a customer's proposed class action claiming it unlawfully disclosed his personal viewing information, finding he adequately showed the website violated the Video Privacy Protection Act.
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September 26, 2025
Off The Bench: NCAA Mostly Beats Trans Suit, Faces Another
In this week's Off The Bench, the NCAA beat the majority of claims over its former transgender policy, but faced a new lawsuit in New York, along with the State University of New York, stemming from its current ban of transgender athletes competing in women's sports.
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September 26, 2025
Kalshi, Robinhood Fight Tribes' Bid To Block Sports Contracts
Trading platforms Kalshi and Robinhood urged a California federal judge to reject an injunction bid lodged by Native American tribes in California that would prevent the companies from offering sports betting contracts on tribal lands, arguing their federally authorized event contract businesses would suffer "substantial and irreparable harm."
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September 26, 2025
FCC Rejects More Equipment Labs Tied To Adversaries
The Federal Communications Commission said Friday it had blocked more labs tied to foreign adversaries from its equipment authorization program.
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September 26, 2025
JPMorgan Must Face Mich. Firm's Fraud Debt Collection Suit
JPMorgan Chase Bank must face a Michigan law firm's claim that the firm shouldn't have to repay debt for lines of credit a former controller took out fraudulently in the firm's name, a Michigan federal judge said, but the bank escaped allegations under the Michigan Consumer Protection Act.
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September 26, 2025
Athletes Want Judge In Pavia Case For NCAA 'Redshirt' Suit
The federal judge whose 2024 injunction allowed Vanderbilt University's Diego Pavia to play an extra season of football should oversee a proposed antitrust class action seeking to upend the NCAA's eligibility rules, the athletes behind the suit told a Tennessee federal court.
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September 26, 2025
Advertisers, Publishers Can Expand Google Ad MDL Markets
A New York federal judge on Thursday allowed publishers and advertisers in multidistrict litigation over Google's advertising placement technology to expand their claims to cover a worldwide scope, like the U.S. Department of Justice's successful similar case, finding it would not prejudice the tech giant.
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September 26, 2025
Chervon, Lowe's Battery Recall Doesn't End Suit, Court Told
Consumers in a proposed class action told an Illinois federal court that a voluntary recall by Chervon North America Inc. and Lowe's Home Centers LLC of lithium-ion batteries allegedly prone to overheating and combusting doesn't extinguish their claims since the recall falls short of addressing their injuries.
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September 26, 2025
Commerce Opens 2 New Section 232 Investigations
The U.S. Department of Commerce recently self-initiated investigations into imports of medical devices and personal protective equipment as well as robotics to determine whether they pose a national security threat requiring tariff actions under Section 232 of the Trade Expansion Act of 1962, according to two notices published Friday.
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September 26, 2025
Small Cable Firms Say FCC Alert Changes Could Harm Them
A cable industry group cautioned the Federal Communications Commission that making big revisions to the country's Emergency Alert System could put some small providers out of business if the new rules mean heavy compliance burdens.
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September 25, 2025
DOJ Unveils New 'Affirmative Litigation' Civil Division Branch
The U.S. Department of Justice Thursday announced its newly created "Enforcement & Affirmative Litigation Branch," part of which will be dedicated to going after states, municipalities and private entities that impede federal immigration enforcement or profit from "false and misleading claims" about gender transition.
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September 25, 2025
Trump Blesses Deal To Transfer TikTok To $14B US Co.
President Donald Trump Thursday signed an executive order greenlighting a proposed deal that transfers the majority of TikTok's U.S. operations to a new U.S.-based joint venture, saying that the divestiture adequately addresses national security concerns.
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September 25, 2025
Is Uber Liable For Sex Assault? Bellwether Goes To Calif. Jury
A woman who said she was sexually assaulted by her Uber driver deserves compensatory and punitive damages from the ride-hailing giant, her lawyer told a California jury in a bellwether trial Thursday, while Uber's lawyer denied negligence and said it's not required to "guarantee that nothing bad is ever going to happen."
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September 25, 2025
Google VP Says Ad Tech Breakup Is 'Possible'
The Google executive responsible for its advertising placement technology business told a Virginia federal judge Thursday that the company previously determined that a breakup was doable, even as he argued that the U.S. Department of Justice is mischaracterizing recent considerations of what that would look like.
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September 25, 2025
Senate Dems Float Bill To Shield Neural Data From Misuse
A trio of Senate Democrats proposed legislation Wednesday that would establish a federal framework for how companies and the government collect and use data derived from measuring brain activity, arguing that the current lack of protections for such neural data leaves consumers open to manipulation and other serious harms.
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September 25, 2025
Textron Shakes Privacy Suit Over Data Sharing With Google
A California federal judge has tossed a proposed class action accusing Textron Inc. of illegally sharing information about website visitors' search activities with Google LLC, finding that the plaintiff failed to allege that the aviation and defense products manufacturer had expressly targeted residents of the Golden State.
Expert Analysis
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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.
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Wells Fargo Suit Shows Consumer Protection Limits In Mass.
The Massachusetts Appeals Court's May decision in Wells Fargo Bank v. Coulsey underscores that consumer rights are balanced against the need for closure, and even the broad protections of state consumer protection law will not open the door to relitigating the same claims, say attorneys at Greenberg Traurig.
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Series
Ohio Banking Brief: All The Notable Legal Updates In Q2
Ohio's financial services sector saw several significant developments in the second quarter of 2025, including a case that confirmed credit unions' setoff rights, another that established contract rights between banks and cardholders, and the House passage of a digital asset bill, say attorneys at Frost Brown.
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Managing Risks As State AGs Seek To Fill Enforcement Gap
Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.