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Consumer Protection
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August 27, 2025
10 Questions For New FCC Commissioner Olivia Trusty
It's been a hectic summer for Olivia Trusty, who joined the Federal Communications Commission as its newest Republican in June. She met with Law360 on Tuesday in her first sit-down interview since taking office.
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August 27, 2025
CVS To Pay $12M To Settle Mass. Medicaid Overbilling Claims
CVS Pharmacy Inc. will pay more than $12 million to settle allegations that it charged Massachusetts' Medicaid program higher prices than it offered to the public for the same drugs, the state attorney general announced Wednesday.
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August 27, 2025
Widower Says Justices Need Not Hear Freight Broker Case
A widower has told the U.S. Supreme Court that the Sixth Circuit correctly determined federal law doesn't shield an Ohio-based freight broker from state-based negligence and personal injury claims over a 2019 accident that killed his wife.
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August 27, 2025
Former Workers Can Be Experts In FTC's Amazon Prime Trial
A quartet of former Amazon.com Inc. user experience workers can testify as both fact and expert witnesses in the Federal Trade Commission case accusing the retail giant of using "dark patterns" to trick users into Prime subscriptions, a Washington federal judge ruled Tuesday.
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August 27, 2025
FTC Calls Judge 'Fundamentally Mistaken' On Media Matters
The Federal Trade Commission sought emergency intervention Tuesday from the D.C. Circuit against a district court judge it said improperly blocked an investigation into left-leaning Media Matters for America, even though the FTC contends probe targets cannot preemptively challenge subpoenas and here, there was nothing retaliatory about it as Media Matters alleged.
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August 27, 2025
Maine Cop Says Jury Must Decide SIG Sauer Discharge Suit
A Maine detective is urging a federal court not to grant SIG Sauer Inc.'s bid for summary judgment in his suit alleging that he was injured when his P320 pistol discharged in his holster because of its defective design, saying he's put forth enough evidence that a jury should decide the case.
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August 27, 2025
Live Nation Concertgoer Claims Violent Treatment By Security
Events giant Live Nation Entertainment Inc. is facing a lawsuit in Washington federal court over what a concertgoer claims was violent treatment by security guards and sheriff's deputies following a 2022 show at the Gorge Amphitheatre in Quincy, Washington.
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August 27, 2025
Splenda Maker Knows It Contains Toxic Chemical, Scientist Says
A scientist accused of falsely stating that Splenda contains cancer-causing chemicals asked a North Carolina federal court to amend her counterclaims, alleging that Splenda-maker TC Heartland LLC has performed tests showing the sweetener contains the very chemical she warned of.
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August 27, 2025
Scholars Tell High Court To Back Conversion Therapy Ban
A group of health law experts told the U.S. Supreme Court that Colorado's conversion therapy ban doesn't violate healthcare providers' First Amendment rights, arguing that the law is consistent with states' and the federal government's ability to regulate healthcare.
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August 27, 2025
JPMorgan Chase Wins Toss Of Stable Value 401(k) Fund Suit
A New Jersey federal judge tossed a proposed class action against JPMorgan Chase Bank NA alleging mismanagement of an employee 401(k) plan tied to the company's offering of an in-house "stable value" fund, finding an ex-worker leading the suit couldn't sue because he signed a claim release.
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August 27, 2025
Boehringer Wins Another Zantac Cancer Trial In Ill.
An Illinois state court jury sided with Boehringer Ingelheim on Wednesday in a man's lawsuit claiming over-the-counter Zantac use contributed to his colorectal cancer development, adding another tally on the German drugmaker's list of victories over similar accusations.
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August 27, 2025
Grubhub Agrees To Pay $7M To End Restaurants' TM Suit
Several restaurants told an Illinois federal judge they have reached an agreement with Grubhub under which the food delivery service will pay $7.1 million to resolve claims it used their trademarks without permission.
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August 27, 2025
Bone Broth Co. Inflated Protein Amounts, Suit Claims
Two consumers on Tuesday hit a bone-broth maker with a proposed class action suit in California federal court alleging that the company took advantage of recent trends for high-protein foods by mislabeling the nutrient content of its products.
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August 27, 2025
Philly-Area Transit System Sued Over 'Drastic' Service Cuts
The Philadelphia region's mass transit system, SEPTA, has been sued in state court to stop it from drastically cutting services in the midst of a projected $213 million operational funding deficit.
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August 27, 2025
Iowa Vape Group Asks 8th Circ. To Keep E-Cig Law On Ice
A group of vape sellers and buyers are urging the Eighth Circuit not to overturn an order blocking enforcement of an Iowa law requiring that e-cigarettes go through U.S. Food and Drug Administration authorization to be sold in the state, saying the trial court correctly found that the law is preempted.
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August 27, 2025
FERC Approves $38M Deal To End Market Manipulation Case
The Federal Energy Regulatory Commission on Wednesday approved a settlement in which Vistra Corp. will pay $38 million to end litigation accusing affiliate Dynegy Inc. of manipulating electricity capacity auction rules in 2015, which led to consumers being unjustly overcharged.
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August 27, 2025
Personal Injury Firm Accuses Rival Of 'Bait And Switch'
A Boston personal injury firm facing claims it ripped off another firm's marketing plan launched a countersuit claiming that the rival is using an illegal business model and lying to try to stop a growing competitor.
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August 26, 2025
OpenAI, ChatGPT Blamed In Suit Over Calif. Teen's Suicide
The parents of a California teenager who died by suicide earlier this year filed a wrongful death suit in Golden State court Tuesday, claiming that OpenAI's artificial intelligence tool ChatGPT encouraged self-harm and suicidal ideation and then helped the 16-year-old plan his death.
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August 26, 2025
9th Circ. Won't Revive Website Wiretap Suit Against Microsoft
The Ninth Circuit Tuesday affirmed the dismissal of a proposed class action accusing Microsoft Corp. of providing a pet supply website with "session replay" technology that illegally captured visitors' browsing activities, finding that the plaintiff had failed to show how this alleged conduct caused concrete harm.
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August 26, 2025
Gun Group Argues For Members' Ability To Buy Nationwide
A gun rights group challenging a federal law that bars handgun purchases by buyers outside their state of residence has asked a Texas federal judge to find that an injunction, if granted, should apply to all of the advocacy group's members and not just named plaintiffs.
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August 26, 2025
Google Exec. Disputes '30 Stories' Of Data Claim At Trial
A Google executive testifying Tuesday in a multibillion-dollar privacy case alleging the company illegally collected app data from 98 million consumers took issue with claims that the data at issue for just the lead plaintiffs would reach 30 stories high if printed out, while acknowledging that Google collects "considerable" data.
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August 26, 2025
Joseph Nocella Jr. Appointed US Attorney For EDNY
Joseph Nocella Jr. on Tuesday was reportedly appointed as the U.S. attorney for the Eastern District of New York, having served as the district's interim top prosecutor since early May.
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August 26, 2025
Adam & Eve Beats Google Tracking Privacy Suit, For Now
A Pennsylvania federal judge tossed claims accusing Adam & Eve's parent of sharing customers' private sexual information with Google through website analytics, saying the plaintiff hasn't established an expectation of privacy in his online browsing, as he "could be freely observed by store clerks or nosy neighbors" at a physical store.
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August 26, 2025
Feds Appeal No-Jail Sentences In $577M Crypto Fraud Case
Federal prosecutors said Tuesday that they're appealing the time-served sentences for two Estonian nationals who pled guilty to wire fraud conspiracy in connection with a $577 million cryptocurrency mining Ponzi scheme, while the federal judge who handed down the sentencings called them "one of the most difficult" of his career.
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August 26, 2025
Otter.ai Violates BIPA Through Voiceprint Collection, Suit Says
Artificial intelligence-powered transcription software company Otter.ai has been collecting users' voiceprints without consent and without a published policy laying out when it retains and destroys the data, a new proposed class action filed Tuesday in California federal court alleges.
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.