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Consumer Protection
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November 13, 2025
3rd Circ. Says Quest Didn't Eavesdrop In Data Privacy Suit
The Third Circuit on Thursday upheld a win for Quest Diagnostics, which beat a class action alleging it inappropriately shared patient data with Meta Platforms through ad tracking software on its website, with the court reasoning that information was not unlawfully collected because it wasn't obtained through eavesdropping.
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November 13, 2025
Mobile Biz Asks Congress To Nix Military's Spectrum Right
Congress needs to toss a provision wrapped into the Senate's version of the defense authorization bill that allows the military to reject certain spectrum allocations to the private sector, a top wireless industry advocate said Thursday.
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November 13, 2025
BofA Double-Charges Autopay Users Who Pay Early, Suit Says
Bank of America does not adjust automatic payments on credit cards when customers pay off their statement balance in the middle of a billing cycle and ends up charging them a second time, despite there being no outstanding balance, according to a proposed class action filed Tuesday in Illinois federal court.
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November 13, 2025
FTC Fails To Block Doctors' Testimony In $945M Merger Case
A D.C. federal judge refused Thursday to bar a pair of outside doctors and consultants from vouching for Edwards Lifesciences Corp.'s planned JenaValve Technology Inc. acquisition, preferring to let the Federal Trade Commission contest their testimony in cross-examination and saying from the bench that he'll "make some popcorn."
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November 13, 2025
Claims Firms Accused Of Misleading Plaintiffs In Pharma MDL
A Pennsylvania federal judge has been asked to slow down aggressive marketing campaigns from claims recovery firms that are accused of using false and misleading advertising to attract plaintiffs in a multidistrict litigation action against pharmaceutical companies.
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November 13, 2025
Robinhood Can't Block Hypothetical Mass. Gaming Liability
A Massachusetts federal judge on Thursday refused to preemptively shield Robinhood against hypothetical enforcement actions based on the financial platform's role in offering access to prediction market KalshiEX.
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November 13, 2025
Gov't Funding Deal Ends SNAP Benefits Battle
President Donald Trump's signing of a government funding bill Wednesday rendered moot lawsuits seeking to make his administration tap emergency funds for food assistance benefits, the administration told the U.S. Supreme Court on Thursday.
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November 13, 2025
Red Bull Faces EU Probe Over Market Abuse Allegations
The European Commission said Thursday that it had opened an antitrust probe into Red Bull GmbH, saying the energy drink giant may have abused its dominance over the market by trying to stop competing drinks from being sold at retailers.
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November 13, 2025
Presidential Firing Limits Needed At FERC, Justices Told
Former Federal Energy Regulatory Commission members on Thursday told the U.S. Supreme Court that overturning limits on the president's authority to fire certain agency officials could undermine FERC's independent oversight of the electricity and gas industries and harm companies and consumers.
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November 12, 2025
CFPB Forges Ahead On Rules As Funding Hangs In Doubt
The Consumer Financial Protection Bureau is rolling out plans to narrow how it defines and watches out for lending discrimination, even as the Trump administration casts fresh doubt on any plans to fund the agency once its reserves dry up.
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November 12, 2025
11th Circ. Grounds DOT's Delta, Aeromexico JV Split Order
The Eleventh Circuit Wednesday halted the U.S. Department of Transportation's order directing Delta Air Lines and Aeroméxico to scuttle their joint venture by Jan. 1, while the airlines pursue their petition asking the appellate court to void the government's order.
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November 12, 2025
Ex-NY Gov. Aide Tells Jury FARA Rap Is A Bridge Too Far
Counsel for former New York state government official Linda Sun told a Brooklyn federal jury Wednesday that prosecutors overreached by accusing her of acting as an undisclosed agent for the People's Republic of China, saying the former aide was just doing her job as the go-between linking two Empire State governors and the Chinese-American community.
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November 12, 2025
Oracle's Lax Security Led To Customer Data Breach, Suit Says
Oracle Corp. has been hit with a proposed class action in Texas federal court alleging the tech company failed to protect customers' sensitive information from hackers who breached its network in July and then waited months before notifying those affected.
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November 12, 2025
Feds Launch Crypto Scam Strike Force With New Sanctions
Federal authorities said Wednesday they have created a strike force targeting cryptocurrency-related fraud and scams originating in Southeast Asia, a development announced alongside the addition of a Burmese armed group to a list of entities under U.S. sanctions.
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November 12, 2025
Congress Approves Spending Bill Banning Intoxicating Hemp
The government funding agreement approved by both chambers of Congress includes a provision that would effectively recriminalize most THC products derived from hemp.
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November 12, 2025
Google Spying On Users With Newly Default AI Tool, Suit Says
Google is illegally tracking its email, chat and videoconferencing users' private communications through its Gemini AI assistant, which the tech giant secretly turned on by default for all users without their knowledge or consent last month, according to a proposed class action filed Tuesday in California federal court.
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November 12, 2025
Stride Faces Investor Suit Over 'Ghost Students' Claims
Education technology company Stride Inc. and some of its brass face a proposed investor class action alleging the company inflated enrollment numbers and cut staff, hurting investors after it was accused in a lawsuit of counting "ghost students" on its rolls to secure per-student funding.
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November 12, 2025
10th Circ. Reverses Halt Of Colo.'s Opt-Out Interest Rate Law
A Tenth Circuit majority has restored a Colorado law barring out-of-state banks from issuing loans that violate the state's interest rate caps on consumer lending, ruling in a matter of first impression that the opt-out provision of a federal interest rate law refers to loans in which either the lender or the borrower is located in the opt-out state.
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November 12, 2025
2nd Circ. Upholds Airbnb Win In NYC Landlord's Suit
The Second Circuit affirmed a lower court's dismissal of a New York City landlord's lawsuit accusing Airbnb Inc. of enabling illegal short-term rentals and costing it more than $100,000 in city fines, finding the property owner failed to meet a deadline to respond to a magistrate judge's report and recommendation.
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November 12, 2025
Ensure Feds Preempt On Phone Line Upgrades, FCC Told
The Federal Communications Commission must "seize this pivotal moment" and clarify that federal priorities to remove copper from the nation's telecommunications infrastructure have precedent over state or local regulations, says a Georgetown University-affiliated policy center.
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November 12, 2025
Adult Webcam Owner Says Illegal Thailand Studio Cost $1.5M
A Florida adult webcam operator moved his family to Thailand and spent hundreds of thousands of dollars setting up a studio only to learn that production in the country is illegal, his business claims in a lawsuit against the streaming platform that it says encouraged the plan.
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November 12, 2025
Biotech Co., Founders Can't Duck $14.3M SEC Payment
A Colorado federal judge has rejected a biotech startup and two of its founders' bid to reconsider a February order requiring them to pay the U.S. Securities and Exchange Commission more than $14.3 million for overstating their own investments in the company.
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November 12, 2025
Ex-CFPB Enforcers Launch Consumer Litigation Project
Three former enforcement attorneys of the Consumer Financial Protection Bureau have joined the advocacy group Protect Borrowers as senior fellows to launch a new litigation project focused on the "weaponization of corporate power that is plunging working people into financial crisis."
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November 12, 2025
Antitrust Plaintiffs Want Chat On Apple, Google CEO Depos
A group of consumers asked a federal judge on Wednesday for a private hearing after the court rejected their request to depose Apple CEO Tim Cook and Google CEO Sundar Pichai in antitrust litigation accusing Google of suppressing rival search engines with anticompetitive deals.
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November 12, 2025
FCC To Face Senate Oversight Following Kimmel Controversy
For the first time in half a decade, the full Senate Commerce Committee will convene for an oversight hearing, this time to place an examining eye on the FCC after the head of the agency said ABC could lose its license if it didn't punish talk show host Jimmy Kimmel for comments he made on air.
Expert Analysis
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Opinion
Premerger Settlements Don't Meet Standard For Bribery
Claims that Paramount’s decision to settle a lawsuit with President Donald Trump while it was undergoing a premerger regulatory review amounts to a quid pro quo misconstrue bribery law and ignore how modern legal departments operate, says Ediberto Román at the Florida International University College of Law.
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Texas Med Spas Must Prepare For 2 New State Laws
Two new laws in Texas — regulating elective intravenous therapy and reforming healthcare noncompetes — mark a pivotal shift in the regulatory framework for medical spas in the state, which must proactively adapt their operations and contractual practices, says Brad Cook at Munsch Hardt.
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What EPA Chemical Data Deadline Extension Means For Cos.
The U.S. Environmental Protection Agency's extension for manufacturers and importers of 16 chemical substances to report unpublished health and safety studies under the Toxic Substances Control Act could lead to state regulators stepping into the breach, while creating compliance risks and uncertainty for companies, say attorneys at Holland & Knight.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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Compliance Changes On Deck For Banks Under Texas AI Law
Financial services companies, including banks and fintechs, should evaluate their artificial intelligence usage to prepare for Texas' newly passed law regulating AI governance, noting that the enforcement provisions provide for an affirmative defense to liability, say attorneys at Mitchell Sandler.
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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.