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Consumer Protection
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December 18, 2025
Settlement Admin, Bank Conspiracy Suits Consolidated In DC
A group of putative class actions alleging a wide-ranging kickback scheme between three of the largest settlement administration companies in the country and banks that was designed to juice administration fees while diminishing class action payouts has been consolidated in D.C. federal court.
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December 18, 2025
Calif. AG, Bar Officials Fight Bid To Stop ABS Fee-Sharing Ban
Both the California attorney general and the California State Bar are opposing a California attorney's attempt to block a new law preventing fee-sharing with out-of-state law firms owned by nonlawyers set to go into effect on Jan. 1.
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December 18, 2025
Hunter Claims FN America Pistol With Safety On Shot His Leg
A Colorado fire lieutenant with Aurora Fire Rescue is suing FN America LLC and Umarex USA Inc., saying a pistol they made and distributed went off while the safety was on, and without a trigger pull, and shot him in the leg while he was hunting.
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December 18, 2025
Wis. Tribe Seeks To Block Kalshi Sports Contracts
A Wisconsin Native American tribe urged a federal court to preliminarily block prediction market platform Kalshi from offering sports event contracts on tribal lands, arguing such contracts threaten its gaming monopoly.
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December 18, 2025
NAR Brokers Are Antitrust Conspirators, 10th Circ. Told
Homie Tech Inc. told the Tenth Circuit that the National Association of Realtors can't paint its broker members as third parties in an effort to duck the residential brokerage startup's antitrust claims over a boycott flowing from NAR rules those members followed.
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December 18, 2025
LinkedIn Data Access Settlement Rejected In Antitrust Case
A California federal court refused to approve a settlement requiring LinkedIn to stop conditioning access to its data interface on rivals agreeing not to use the data for a competing professional social network, a deal that included no damages but up to $4 million in attorney fees.
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December 18, 2025
Chemical Co. Seeks Contractor's Coverage For Mercury Suits
The successor to a chemical company told a Louisiana federal court in a lawsuit that it is an additional insured under policies obtained by a contractor working on its chemical facility and is owed coverage for nearly 200 underlying lawsuits claiming mercury exposure from the facility.
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December 18, 2025
Car Dealer Credit Check Co. Sued Over Breach Affecting 5.8M
A company that handles credit inquiries for car dealerships is facing a proposed class action accusing it of negligence, following a cyberattack on its systems in October that compromised the personal information of more than 5.8 million people.
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December 18, 2025
Trump Orders Loosening Of Federal Restrictions On Marijuana
President Donald Trump on Thursday announced that his administration would instruct federal agencies to loosen restrictions on cannabis via executive order, a historic acknowledgment from the executive branch that the drug has recognized medical uses.
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December 18, 2025
Pot Co. Says NY's 'Seed To Sale' Program Raises Costs
A maker of cannabis products is suing New York's cannabis regulators, alleging that new 'seed-to-sale' tracking system will exponentially raise prices and is an unconstitutional overreach by the agency.
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December 17, 2025
Avis Did Not Waive Arbitration In Traffic Fines Suit: 3rd Circ.
The Third Circuit has concluded that Avis did not waive its right to arbitrate a long-running class action over traffic fines incurred during a rental with certain members of the class by continuing to litigate the dispute years after incorporating an arbitration clause in its rental agreement.
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December 17, 2025
Amazon, Le Labo Say Ripoff 'Basgax' Perfumes Reek Of Fraud
Amazon and New York fragrance maker Le Labo accused a Florida-based company known as Basgax of selling bogus Le Labo products, claiming the company and its operators illegally copied Le Labo's promotional images and product names such as "Iris 39" and "Patchouili 24."
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December 17, 2025
5th Circ. Finds 'Truffle,' Reverses Samsung Battery Suit
A Seventh Circuit opinion has convinced the Fifth Circuit to reverse its decision forcing Samsung SDI Co. Ltd. to face a lawsuit over burn injuries a man suffered when one of the company's batteries exploded in his pocket, suggesting the company didn't do a great job making its case the first time around.
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December 17, 2025
Late Plaintiff Substitutions Sink Hospital Health Data Suit
A Pennsylvania federal judge has dismissed a proposed data breach class action against Thomas Jefferson University Hospitals Inc. over the named plaintiffs purported inability to serve as leaders of the suit, ruling that they had two years to find substitutes.
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December 17, 2025
Trump Admin Asks Fed Whether It's Back In The Black
The U.S. Department of Justice on Tuesday asked the Federal Reserve to confirm whether it has returned to profitability, a potential opening for the Trump administration to draw new funding for the Consumer Financial Protection Bureau after insisting none is available.
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December 17, 2025
Meta Blamed For Teens' Instagram 'Sextortion' Suicides
The parents of a 16-year-old boy from Scotland and a 13-year-old boy from Pennsylvania blame Meta and Instagram for their children dying by suicide after being "sextorted" through the photo sharing platform, alleging in a lawsuit Wednesday that the social media companies know the app connects predators to children.
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December 17, 2025
SEC Again Flags Adviser Testimonials, Ratings In Marketing
The U.S. Securities and Exchange Commission's Division of Examinations has again flagged advisers' disclosures regarding their use of testimonials, endorsements and third-party ratings in advertisements, saying staff have observed noncompliance with commission rules in those areas.
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December 17, 2025
Lawmakers Raise Concerns Over Nexstar's $6.2B Tegna Deal
A group of Democratic lawmakers has urged federal enforcers to closely scrutinize Nexstar Media Group Inc.'s planned $6.2 billion purchase of rival broadcast company Tegna Inc. and to block the deal if they find it violates the law.
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December 17, 2025
DC Circ. Grants En Banc Hearing On CFPB Layoff Plan
Additional D.C. Circuit judges will get to weigh in on the Trump administration's bid to dismantle the Consumer Financial Protection Bureau through mass layoffs, after the appeals court granted the agency's employees' union an en banc rehearing on a lower court's injunction stopping the firings.
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December 17, 2025
Senate Dems, FCC Tangle Over Agency's 'Independent' Status
The Federal Communications Commission's Republican chair faced off Wednesday against Senate Democrats, who accused him of trying to muffle dissenting political views and gutting the telecommunications regulator's longstanding independence.
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December 17, 2025
20 States Back 10th Circ. Rehearing In Colo. Interest Rate Row
Utah has led a group of 20 states in backing a push by banking groups for a full Tenth Circuit rehearing of their challenge to a Colorado law intended to curb high-cost lending in the state, saying a recent panel decision upholding the law harms states' interests.
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December 17, 2025
29 State AGs Want Unified Meta Youth Addiction Trial
A group of 29 states and their attorneys general is doubling down on a request in California federal court to hold a single, unified trial in their suit claiming Meta Platforms Inc. is designed to addict and harm minors, saying they have now identified another case where such a singular trial was held involving multiple attorneys general's claims.
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December 17, 2025
Calif. DMV Tells Tesla To Rename Autopilot Or Lose License
The California DMV has said Tesla violated state law when it marketed its vehicles' "autopilot" and "full self-driving capability," calling the phrases misleading because the technology doesn't actually enable autonomous driving and ordering the company to change its marketing or face a suspension of its permit to sell vehicles in the state.
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December 17, 2025
Repair Co. Not Owed Coverage For Damage Scheme Suits
A company that repairs tubular air heaters and its founder were not entitled to coverage for a criminal case and a civil suit alleging that they defrauded customers by deliberately damaging property in order to secure repair jobs, an Illinois federal court ruled.
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December 17, 2025
Ill. Judge Grants Transit Co.'s Bid To Arbitrate GIPA Claims
An Illinois federal judge sent to arbitration a proposed class action claiming those applying to work for a transit services provider were required to divulge family medical history during a preemployment physical in violation of Illinois' genetic privacy law, finding the lead plaintiff had agreed to arbitrate disputes as part of his application process.
Expert Analysis
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Drug Ad Crackdown Demonstrates Admin's Aggressive Stance
Recent actions by the U.S. Food and Drug Administration and U.S. Department of Health and Human Services targeting pharmaceutical companies' allegedly deceptive advertising practices signal an active — potentially even punitive — intent to regulate direct-to-consumer advertising out of existence, say attorneys at King & Spalding.
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Protecting Sensitive Court Filings After Recent Cyber Breach
In the wake of a recent cyberattack on federal courts' Case Management/Electronic Case Files system, civil litigants should consider seeking enhanced protections for sensitive materials filed under seal to mitigate the risk of unauthorized exposure, say attorneys at Redgrave.
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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.