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Consumer Protection
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February 03, 2026
Calif. Cardholders Ask 2nd Circ. To Revive Swipe Fee Suit
California cardholders accusing Visa, Mastercard and other major banks of conspiring to fix interchange fees have asked the Second Circuit to revive their claims after a district court judge denied their motion for reconsideration in a long-running multidistrict litigation.
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February 03, 2026
Uber Should Pay $144M For Sex Assault By Driver, Jury Told
Uber should pay more than $144 million in compensatory and punitive damages for choosing "profit over safety," leading to the rape of a 19-year-old woman by a rideshare driver, her lawyer told an Arizona federal jury at the close of a landmark bellwether trial on Tuesday.
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February 03, 2026
Wash. Justices To Review Restaurant's $1M COVID Penalty
The Washington State Supreme Court has decided to take up a restaurant's appeal of nearly $1 million in fines that regulators imposed against the eatery for offering indoor dining services during the COVID-19 pandemic, in violation of the governor's emergency proclamation.
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February 03, 2026
Trump Admin Can't Gut CFPB Off The Books, DC Circ. Told
The Consumer Financial Protection Bureau's employee union has urged the full D.C. Circuit to uphold a lower court order blocking sweeping cuts at the agency, arguing the Trump administration's legal theory for lifting the order would allow officials to dismantle an agency so long as they don't "put it in writing."
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February 03, 2026
J&J Beats Proposed Class Action Over Band-Aid PFAS
A New Jersey federal judge on Monday tossed claims by a proposed class of consumers alleging that Kenvue Inc. and Johnson & Johnson hid the presence of a group of chemicals known as PFAS in Band-Aid products, saying the consumers hadn't shown that they were harmed.
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February 03, 2026
Trump Asks Fla. Court Not To Halt $10B BBC Defamation Suit
President Donald Trump urged a Florida federal court to reject the BBC's request to pause discovery in a $10 billion defamation lawsuit, arguing that the broadcasting company's anticipated motion to dismiss the case wasn't filed yet and isn't fully briefed.
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February 03, 2026
Mass. AG Sues Bitcoin ATM Co. For Allegedly Enabling Scams
A major bitcoin ATM operator is facing allegations from the Massachusetts attorney general's office that it does little to prevent customers from falling prey to cryptocurrency scams as it profits from the transactions, in a new complaint filed on Tuesday.
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February 03, 2026
4 Things To Know As DOL Pitches Transparency For PBMs
The U.S. Department of Labor's proposal to require pharmacy benefit managers to give employer-provided health plans detailed information on fees and compensation is a welcome development, benefits attorneys on both sides of the bar say. Here, Law360 looks at four things to know about the proposed regulations.
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February 03, 2026
FCC Says 8th Circ. Media Ruling Clears Path For Deals
The Federal Communications Commission made it clear Tuesday that broadcasters have more leeway to own two leading stations in a local market following the Eighth Circuit's toss last year of the agency's long-standing bar on owning more than one major network affiliate in a single market.
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February 03, 2026
FCC Hunting For New Cyber Trust Mark Administrator
The Federal Communications Commission will give companies more time to get their bids in to serve as the new administrator of the U.S. Cyber Trust Mark program, after the first one quit in December.
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February 03, 2026
Cruz Calls Hearing On FCC's 39% Media Ownership Cap
Sen. Ted Cruz, R-Texas, said Tuesday the Senate Commerce Committee will hold a Feb. 10 hearing on media ownership rules, homing in on the Federal Communications Commission's limit on a single broadcaster reaching more than 39% of national audience share.
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February 03, 2026
5th Circ. Unsure Child Online Safety Law Tramples Speech
A Fifth Circuit panel appeared skeptical Tuesday of a tech media trade group's stance that a Mississippi internet safety law is unconstitutional, suggesting that the challenged statute may not implicate speech.
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February 03, 2026
RealPage, Landlords Must Face Ky. AG's Antitrust Case
A Kentucky federal court refused to toss an antitrust case from the state attorney general's office accusing RealPage Inc. and several landlords of inflating rental rates through use of the software company's revenue management system.
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February 03, 2026
Zillow, Redfin Oppose Pausing FTC Case For Shutdown
Zillow and Redfin are fighting an attempt by the Federal Trade Commission and multiple states to pause consolidated antitrust claims against the property listing companies, arguing in Virginia federal court that the recent partial federal government shutdown doesn't justify staying litigation.
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February 03, 2026
Insurance Claims Data Fair Game In Instagram Addiction Suit
A Massachusetts judge said the state's attorney general may continue reviewing health insurance claims data from two agencies it subpoenaed months after the close of discovery in its social media addiction lawsuit against Instagram.
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February 03, 2026
1st Circ. Pushes For Settlement In Mass. 'Right-To-Repair' Suit
The First Circuit suggested Tuesday that major automakers and the Massachusetts Attorney General's Office should work together to resolve a suit over compliance with a state law requiring open access to vehicle telematics systems.
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February 02, 2026
Amazon Seeks Shoppers' Docs In COVID Price-Gouging Suit
Shoppers behind a proposed class action accusing Amazon of inflating prices on crucial consumer goods and food during the COVID-19 pandemic failed to hand over records necessary for the retail giant to fight the allegations, the company said in a filing seeking to force the plaintiffs to produce the documents.
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February 02, 2026
'Doesn't Make Sense': DOJ Irks Judge In Merger Fight With AGs
A California federal judge said Monday that the U.S. Department of Justice must hand over certain discovery materials to Democratic attorneys general challenging the DOJ's controversial settlement greenlighting the $14 billion merger of Hewlett Packard Enterprise and Juniper Networks, telling the DOJ that its argument that discussions of alternative remedies are shielded from discovery "doesn't make sense."
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February 02, 2026
'We Have Not Done Enough' On Sex Assaults, Uber Exec Says
Uber's chief product officer, the final live defense witness Monday in a bellwether trial over the company's sexual assault liability in multidistrict litigation involving thousands of cases, rejected claims that Uber dragged its feet on implementing some safety measures, while conceding "we have not done enough."
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February 02, 2026
Wheeling & Appealing: The Latest Must-Know Appellate Action
What happened to a GOP donor's $250,000 Swiss watch? Can cigarette warnings show jarring medical images? Will a circuit split of "far-reaching importance" for arbitration get even wider? That's a taste of the oral argument menu we'll help you digest in this preview of February's top appellate action.
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February 02, 2026
Netflix Slams HBO Max User's Challenge To Warner Bros. Deal
Netflix argued that an HBO Max subscriber lacks standing to challenge its plan to buy Warner Bros. Discovery, telling a California federal judge Friday that the subscriber doesn't show how the merger would injure her, as she's never subscribed to Netflix and doesn't say she plans to.
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February 02, 2026
US Bancorp Beats Suit Over Brokerage Cash-Sweep Program
A Minnesota federal judge permanently threw out a proposed class action accusing U.S. Bancorp and its brokerage unit of shortchanging customers on interest through a cash-sweep program, finding in part that the bank never promised customers a particular minimum interest rate.
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February 02, 2026
Nevada Judge Temporarily Halts Polymarket Sports Contracts
A Nevada state judge issued a temporary restraining order prohibiting Polymarket from offering sports contracts in the state for two weeks, finding that the platform's offerings constitute "gaming" under state law.
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February 02, 2026
Modelo, Constellation Seek Permanent Ban On Fake Beers
Constellation Brands, the exclusive licensee of Modelo's beer brands in the U.S., has asked a Texas federal judge for a permanent injunction against a beer distributor accused of importing and selling counterfeit beers that use labels that copy major Mexican beer brands.
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February 02, 2026
NHTSA To Redo Heavy-Duty Pickup Truck Fuel Economy Rule
The National Highway Traffic Safety Administration told auto manufacturers Friday that it's preparing to retool fuel economy standards for heavy-duty trucks, as the Trump administration presses ahead with its dismantling of Biden-era policies that sought to bolster the adoption of electric-vehicle fleets.
Expert Analysis
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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.
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5 Advertising Law Trends That Will Shape 2026
The legal landscape for advertisers will grow only more complex this year, with ongoing trends including a federal regulatory retreat, more aggressive action by the states, a focus on child privacy and expanded scrutiny of "natural" claims, say attorneys at Reed Smith.
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Banking Regulation Themes To Anticipate In 2026
The banking enforcement and rulemaking agenda for this year is likely to reflect a mix of targeted reform, deregulatory recalibration and new priorities aligned with supervisory modernization, says Kim Prior at King & Spalding.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q4
The regulatory and litigation developments for California financial institutions in the fourth quarter of 2025 were incremental but consequential, with the Department of Financial Protection & Innovation relying on public enforcement actions to articulate expectations, and lawmakers and privacy regulators playing a role as well, says Stephen Britt at Stinson.
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Series
Fly-Fishing Makes Me A Better Lawyer
Much like skilled attorneys, the best anglers prize preparation, presentation and patience while respecting their adversaries — both human and trout, says Rob Braverman at Braverman Greenspun.