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Consumer Protection
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September 04, 2025
USDOT Scraps Airline Refund Rule In Deregulatory Push
The U.S. Department of Transportation is abandoning airline passengers' rights and other consumer protection regulations proposed by the Biden administration as President Donald Trump advances his deregulatory push, according to the White House's updated regulatory agenda released Thursday.
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September 04, 2025
Caesars Sportsbook Parent Wins Arb. Bid In 'Free Bet' Case
Two Caesars Sportsbook users alleging the sports betting website illegally advertises "free bets" that aren't actually free must arbitrate those claims now that its parent company has proven they agreed to utilize the alternative dispute resolution method, an Illinois federal judge has ruled.
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September 04, 2025
Justices Asked To Block FTC Commissioner Reinstatement
The Trump administration asked the U.S. Supreme Court on Thursday to block the reinstatement of Democratic Federal Trade Commissioner Rebecca Slaughter while it appeals a ruling that found her firing was illegal, and also asked the high court to take up the case.
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September 04, 2025
CTIA's Pai Projects Smooth Mobile Transition In Upper C-Band
Ajit Pai, the onetime leader of the Federal Communications Commission who now runs wireless trade group CTIA, foresees a relatively smooth transition to mobile services in the upper C-band airwaves — as long as the FCC plays its cards right.
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September 04, 2025
EPA Touts 'Ambitious' New Deregulatory Agenda
The U.S. Environmental Protection Agency on Thursday laid out its regulatory agenda for the coming months, and said it intends to revisit or roll back Biden-era initiatives in several areas, including water, climate change and chemical regulations.
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September 04, 2025
Atty Can't Duck TCPA Suit Over Camp Lejeune Calls
A North Carolina federal judge will not trim a proposed class action accusing a plaintiffs firm of making unsolicited calls to a number on the National Do Not Call Registry in an effort to secure a client in the Marine Corps Base Camp Lejeune toxic drinking water case, saying it doesn't matter if the lead plaintiff "invited" later calls.
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September 04, 2025
Music Lyrics Co.'s $1B Antitrust Suit Mostly Survives
A California federal judge largely refused to dismiss LyricFind Inc.'s $1 billion suit accusing a streaming music lyrics rival of using an exclusive deal with Warner Music to edge it out of the market, crediting claims about the importance of Warner while nixing some business interference allegations.
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September 04, 2025
Albertsons Says Kroger CEO Docs Fair Game In Del. Suit
An attorney for Albertsons Companies Inc. told a Delaware vice chancellor Thursday the food and drugstore giant should get access to The Kroger Co.'s documents related to CEO Rodney McMullen's abrupt exit from the job months after the collapse of the two companies' planned $25 billion merger.
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September 04, 2025
Monthly Merger Review Snapshot
The Justice Department settled a challenge to UnitedHealth's $3.3 billion home hospice acquisition while Democrats called for a judge to reject a different government settlement and the Federal Trade Commission moved against medical technologies transactions for heart valves and device coatings.
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September 04, 2025
Solar Co. Mosaic Gets OK For Debt-For-Equity Ch. 11 Plan
A Texas bankruptcy judge Thursday approved residential solar panel financing firm Mosaic's plan to reorganize and hand ownership of its loan servicing business to its secured lender, after no buyers came forward at a Chapter 11 auction.
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September 04, 2025
Borrowers Sue Over Lender's Repeat 'Tribal Lending Scheme'
Customers of a short-term loan company have accused their lender and its associates of engaging in a so-called tribal lending scheme by touting the company's association with a North Dakota-based Native American tribe in an effort to avoid scrutiny for lending at rates as high as 490%, exceeding state interest rate caps.
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September 04, 2025
PBMs Look To Toss FTC's Insulin Pricing Case
Caremark Rx, Express Scripts and OptumRx have asked to dismiss the Federal Trade Commission's in-house case accusing the pharmacy benefit managers of artificially inflating insulin prices, saying the agency is exceeding its authority to address "unfairness."
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September 04, 2025
FCC's Deregulatory Push Called Blueprint For Other Agencies
A conservative group said the Federal Communications Commission's recent initiative to shed regulations viewed as obsolete should serve as a model for other federal agencies looking to slash rules.
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September 04, 2025
Retailer Pushes To Dismiss Ugg Maker's IP Claims
Online fashion retailer Fashion Nova has asked a California federal judge to toss a trade dress infringement suit brought by the maker of Uggs boots, saying the suit had no allegations that it had any intent to infringe or knowledge of the relevant design patents.
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September 04, 2025
No Atty Sanctions After Failed Redaction In Gunmaker Lawsuit
A Connecticut federal judge has declined a gunmaker's bid to sanction a civil litigator who filed a document without proper redactions, finding that the error was inadvertent and did not meet the "high bar" necessary to run afoul of Rule 11 of the Federal Rules of Civil Procedure.
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September 04, 2025
OnlyFans' Parent Says AI-Tainted Briefs Are Unsalvageable
The online platform OnlyFans' parent company said that a bid to correct legal briefs in a proposed class action against the company should be denied, arguing that the decision to use artificial intelligence to create mistake-riddled documents is severe misconduct and the briefs should be struck instead.
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September 04, 2025
Life Insurer Accused Of Policy Rescission Scheme
A life insurer violated Arkansas law by broadly denying policy benefits to residents for reasons causally unrelated to a given policy owner's death, a woman told a federal court, saying the state Legislature expressly prohibited such conduct more than 10 years ago.
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September 04, 2025
NC Player Sues NCAA Over Eligibility Rule Enforcement
A college football player has sued the NCAA in North Carolina's business court alleging the organization violated state antitrust laws by denying him a waiver to play during the current season, ignoring that it was a coach's error that exhausted a year of his eligibility.
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September 04, 2025
Cathay Bank Denies Knowledge Of $20M NFT Scam Suit
California-based Cathay Bank asked a federal judge to throw out claims alleging it ignored red flags from scammers and enabled a $17 million romance scam, arguing the victim did not allege the bank even knew about the alleged fraud.
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September 04, 2025
Democrats Press Trump's Fed Pick On His Independence
Stephen Miran, a close ally of President Donald Trump, was sharply questioned by Democratic senators on Thursday about his ability to independently carry out a leadership role at the Federal Reserve's Board of Governors after he said he would refuse to resign from the president's Council of Economic Advisers if confirmed.
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September 04, 2025
Ohio Cannabis Card Network Sued Over Faulty Cybersecurity
An Ohio man is suing Ohio Medical Alliance LLC in federal court, alleging that its lackluster cybersecurity measures exposed more than 950,000 records containing private health information for its users.
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September 03, 2025
Google To Give Users More Control Over Ad Bidding Info
Google will allow hundreds of millions of users to limit the information shared about them with companies that participate in Google's fast-paced digital ad auctions, part of a nonmonetary settlement resolving allegations information is shared without users' knowledge or consent, according to a filing in California federal court.
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September 03, 2025
Ga. County Can't Recoup Bio-Lab Emergency Response Costs
A Georgia federal judge said a metro Atlanta county can't recover its emergency services expenses in responding to the massive Bio-Lab chemical plant fire last year, but left the door open for the county to win damages from the resulting economic fallout of the disaster.
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September 03, 2025
NBCUniversal Again Defeats Claims It Shared Data With Meta
A New York federal judge on Wednesday dismissed a proposed class action accusing NBCUniversal of sharing Today.com visitors' personal and video viewing information with Facebook parent Meta Platforms Inc., saying one website visitor in Missouri failed to meet the Second Circuit's newly adopted standard for what is considered personally identifiable information.
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September 03, 2025
Newsmax Says Fox Illegally Monopolizes Right-Leaning News
Newsmax sued Fox News in Florida federal court Wednesday, alleging Fox uses anticompetitive and exclusionary business practices to maintain its dominance over right-leaning television news.
Expert Analysis
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A Simple Way Courts Can Help Attys Avoid AI Hallucinations
As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.
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DOJ Consumer Branch's End Leaves FDA Litigation Questions
With the dissolution of the U.S. Department of Justice's Consumer Protection Branch set to occur by Sept. 30, companies must carefully monitor how responsibility is reallocated for civil and criminal enforcement cases related to products regulated by the U.S. Food and Drug Administration, say attorneys at Foley & Lardner.
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Surveying The Changing Overdraft Fee Landscape
Despite recent federal moves that undermine consumer overdraft fee protections, last year’s increase in fee charges suggests banks will face continued scrutiny via litigation and state regulation, says Amanda Kurzendoerfer at Bates White.
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Tracking The Evolving Legal Landscape Of Music Festivals
The legal infrastructure behind music festivals is anything but simple, so attorneys advising clients in this space should be prepared for a wide range of legal challenges, including the unexpected risks that come with live events, says Meesha Moulton at Meesha Moulton Law.
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The Evolving Legal Landscape For THC-Infused Beverages
A recent Eighth Circuit ruling, holding that states may restrict the sale of intoxicating hemp-derived products without violating federal law, combined with ongoing regulatory uncertainty at both the federal and state levels, could alter the trajectory of the THC-infused beverage market, say attorneys at Pashman Stein.
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Antitrust Scrutiny Heightens In The Cannabis Industry
Two ongoing antitrust cases signal intensified scrutiny of pricing practices, distribution restraints and exclusionary conduct in the cannabis sector, says Robin Crauthers at McCarter & English.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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Opinion
PFAS Reg Reversal Defies Water Statute, Increasing Risks
The U.S. Environmental Protection Agency's recent moves delaying the deadlines to comply with PFAS drinking water limits, and rolling back other chemical regulations, violate the Safe Drinking Water Act, and increase the likelihood that these toxins could become permanent fixtures of the water supply, says Vineet Dubey at Custodio & Dubey.
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2 Circuit Court Rulings Offer A Class Certification Primer
Two recent decisions from the Third and Sixth Circuits provide guidance on the rigorous analysis of predominance that courts might require for class certification, and insights into how defendants might oppose or narrow potential class actions, say attorneys at DLA Piper.
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Compliance Is A New Competitive Edge For Mortgage Lenders
So far, 2025 has introduced state and federal regulatory turbulence that is pressuring mortgage lenders to reevaluate the balance between competitive and compliant employee and customer recruiting practices, necessitating a compliance recalibration that prioritizes five key strategies, say attorneys at Mitchell Sandler.
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Opinion
Privacy Bill Must Be Amended To Protect Small Businesses
While a bill recently passed by the California Senate would exempt a company's use of legally compliant website advertising and tracking technologies from the California Invasion of Privacy Act, it must be amended to adequately protect small businesses, say attorneys at Thompson Hine.
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Even As States Step Up, They Can't Fully Fill CFPB's Shoes
The Trump administration's efforts to scale down the Consumer Financial Protection Bureau have prompted calls for state regulators to pick up the slack, but there are also important limitations on states' ability to fill the gap left by a mostly dormant CFPB, say attorneys at Covington.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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Unpacking Notable Details From FTC's 'AI Washing' Cases
The Federal Trade Commission has brought many cases involving allegedly deceptive artificial intelligence claims over the past couple of years, illustrating overlooked aspects of AI washing generally and a few new types of AI marketing claims that may line up in regulatory crosshairs down the road, says Michael Atleson at DLA Piper.
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'Pig Butchering' Seizure Is A Milestone In Crypto Crime Fight
The U.S.' recent seizure of $225 million in crypto funds in a massive "pig butchering" scheme highlights the transformative impact of blockchain analysis in law enforcement, and the increasing necessity of collaboration between law enforcement agencies, cryptocurrency exchanges and stablecoin issuers, says David Zaslowsky at Baker McKenzie.