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Consumer Protection
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February 26, 2026
Pool Co. Says Rival Sells Unauthorized Products On Amazon
Major pool equipment supplier Hayward Industries Inc. asked a North Carolina federal court to enjoin a series of LLCs from selling unauthorized Hayward products on the internet, arguing the companies are infringing valuable trademarks.
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February 26, 2026
Tenn. Health System Can't Dodge $28M False Claims Act Suit
A Tennessee-based health system must face claims it allegedly ran a sprawling patient referral scheme by overcompensating doctors in exchange for Medicare patient referrals and then billed Medicare $28 million for services it offered those illegally referred patients, a Tennessee federal judge said Thursday, denying the health system's dismissal bid.
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February 26, 2026
FCC Denies Cos.' Bids To Scrap Regulatory Fee Late Charges
The Federal Communications Commission is declining to waive the 25% penalty it slaps on top of regulatory fees from 2023 and 2024 that come in late, dashing the hopes of nearly two dozen companies that had asked the agency to do just that.
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February 26, 2026
5th Circ. Affirms FDA's Vape Rule Despite Small Biz Concerns
The Fifth Circuit on Thursday affirmed that the U.S. Food and Drug Administration complied with the law when it promulgated a new rule requiring companies seeking premarket authorization of new tobacco products to investigate the product's health effects.
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February 26, 2026
Boston Scientific Wins Toss Of Spinal Device Suit
Boston Scientific escaped a suit alleging that its spinal implant device malfunctioned and caused a Michigan man pain and permanent injuries, after a federal judge ruled that each of the plaintiff's claims are preempted by federal law.
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February 26, 2026
Kenvue Can't Duck Texas AG's Tylenol Autism Suit
A Texas state court Thursday rejected Kenvue's bid to toss a lawsuit that Texas' attorney general has brought alleging Tylenol taken during pregnancy could cause autism in children, even though it is marketed as the safest pain relief for pregnant women and young children.
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February 26, 2026
JRK-Owned Co. Will Pay Up To $5.1M To Conn. Tenants
A JRK Property Holdings unit will provide up to $5.1 million in immediate financial relief under the first of two agreements to settle an unfair trade practices probe into health and safety concerns at a 544-unit complex in Rocky Hill, Connecticut, the state attorney general's office announced Thursday.
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February 26, 2026
$200M Antitrust Deal Can Shield Drugmakers In States' Claims
Sun Pharmaceutical and Taro Pharmaceuticals can use their $200 million settlement with the "end payors" for generic drugs in an alleged price-fixing scheme as a defense in a similar lawsuit brought by 47 states and territories, the Connecticut federal judge overseeing the case ruled Wednesday.
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February 26, 2026
Yardi Urges No More Discovery In Wash. Rent-Fixing Suit
Yardi Systems Inc. asked a Washington federal court not to grant renters' bid for further discovery in their proposed antitrust class action over rent-setting algorithms, arguing that the renters haven't even identified what other materials they might still seek.
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February 26, 2026
ITC To Probe China's Trade Status, Biotech Practices
The U.S. International Trade Commission announced the start of two investigations Thursday related to China that were ordered by Congress, including examining state support and pricing practices for Chinese biotechnology firms and exploring the idea of ending normal trade relations with the country.
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February 26, 2026
'OnlyFake' Website Operator Cops To $1.2M ID Fraud Scheme
A Ukrainian national told a Manhattan federal judge on Thursday that he conspired to operate a lucrative identification-faking business, admitting to a conspiracy count after prosecutors said his artificial intelligence-driven "OnlyFake" website catered to money launderers and generated $1.2 million.
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February 26, 2026
Thai Oil Drill Products Evading China Duties, Commerce Says
Oil and gas pipe imports from Thailand are evading antidumping and countervailing duties imposed on those products from China, the U.S. Department of Commerce determined Thursday.
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February 26, 2026
Walmart Will Pay Up To $100M To End FTC's Driver Pay Suit
The Federal Trade Commission and 11 states have reached a $100 million deal with Walmart to settle claims the company misled its "Spark" delivery program drivers over the amount they would be paid, and deceived customers over how much of the tips they paid would go to their drivers, the agency announced Thursday.
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February 25, 2026
Online Abortion Pill Provider Illegally Ships To Texas, AG Says
Texas Attorney General Ken Paxton sued Aid Access, its founder and a California doctor in state court Tuesday alleging they operate an "abortion-by-mail enterprise" that ship abortion-inducing drugs to Texas residents, which is endangering the lives of unborn children and their mothers.
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February 25, 2026
OCC Unveils Landmark Stablecoin Rule Proposal
The Office of the Comptroller of the Currency took a significant step Wednesday toward standing up its oversight framework for stablecoin issuers, proposing rules that lay out how licensing will work, what activities will be allowed and what prudential standards will apply.
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February 25, 2026
FTC Backs Age Verification Use With New Enforcement Stance
The Federal Trade Commission said Wednesday that it won't use its enforcement authority under the Children's Online Privacy Protection Act to bring actions against certain websites and services that collect kids' personal information without parental consent for the sole purpose of verifying users' ages.
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February 25, 2026
Social Media Contributed To Mental Health Issues, Jury Hears
A therapist who treated the plaintiff in a landmark bellwether trial alleging Instagram and YouTube harm children's mental health told a California jury Wednesday that social media use contributed to the plaintiff's struggles, while acknowledging that social media addiction is not a diagnosis formally recognized in her field.
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February 25, 2026
Dems Demand Explanation For DOJ Antitrust Chief's Exit
Two Democrats on the House Judiciary Committee demanded Wednesday that U.S. Attorney General Pam Bondi explain to lawmakers why the U.S. Department of Justice's antitrust chief was forced to resign, expressing concern about the administration's potential interference with merger reviews and antitrust litigation.
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February 25, 2026
Senate Bill Would Make Gov't Admit It Perused Your Emails
Courts issue hundreds of thousands of criminal surveillance orders each year, allowing law enforcement to spy on suspects beyond the bounds of what is normally legal, but a bill reintroduced Wednesday in the U.S. Senate aims to shed light on the process by informing someone when the government wanted their digital information.
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February 25, 2026
Crypto Hedge Fund Manager Charged With Tax Evasion
Federal prosecutors have charged a crypto hedge fund manager who has renounced his U.S. citizenship with filing false tax returns and willfully failing to disclose millions of dollars' worth of foreign assets.
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February 25, 2026
Lawsuit Over Recalled Lowe's Batteries Tossed, For Now
Tool company Chervon North America Inc. and retailer Lowe's Home Centers LLC have, for now, beaten a proposed class action accusing them of selling lithium-ion batteries that caught fire, after an Illinois federal judge ruled that the buyer failed to point to any particular "promise regarding safety."
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February 25, 2026
9th Circ. Upends $8M Asbestos Verdict Against BNSF
The Ninth Circuit has ruled that BNSF Railway Co. cannot be held strictly liable under Montana law for transporting asbestos-containing vermiculite and letting vermiculite dust collect on tracks and its railyard, upending the $8 million jury verdict awarded to the estates of two former Libby, Montana, residents who developed mesothelioma.
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February 25, 2026
$17.9M Drug Price-Fixing Deal Advances Despite Objections
A Connecticut federal judge on Wednesday advanced a $17.9 million generic drug price-fixing settlement between 48 states and territories and pharmaceutical companies Bausch Health US LLC, Bausch Health Americas Inc. and Lannett Co. Inc., sidelining objections by consumers suing separately in a Pennsylvania multidistrict litigation case.
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February 25, 2026
Netflix Swaps Out Latham For Munger Tolles In Antitrust Suit
Latham & Watkins LLP withdrew Wednesday as defense counsel for Netflix in a proposed consumer class action in Illinois federal court claiming Meta cut an illegal deal ceding the video streaming market to Netflix, which is now represented by Munger Tolles & Olson LLP.
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February 25, 2026
Valve Promotes Illegal Gambling In Its Games, NY AG Claims
The New York attorney general Wednesday sued Valve Corp., claiming the video game developer has been illegally promoting gambling to children through games like Counter-Strike by "enticing" them to pay for chances to win virtual items, some of which can be rare and hold significant monetary value.
Expert Analysis
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Reviewing The Legal Landscape Of Social Media For Minors
States have initiated a wave of legislation regulating minors' access to and use of social media platforms, so it will be critical for social media companies to closely track the patchwork of state laws and pending legal challenges so they are prepared to pivot if necessary, say attorneys at Sidley.
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How Latest Nasdaq Proposals Stand To Raise Listings Quality
Nasdaq's recent proposals stand to heighten both quantitative and qualitative standards for issuers, which, if approved, may bring investors stronger market integrity and access but also raise the listings bar, say attorneys at Norton Rose.
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Texas AG Wields Consumer Protection Law Against Tech Cos.
Texas Attorney General Ken Paxton has targeted technology companies using the Texas Deceptive Trade Practices Act, a broadly worded statute that gives the attorney general wide latitude to pursue claims beyond traditional consumer protection, creating unique litigation risks, say attorneys at Yetter Coleman.
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When Bankruptcy Collides With Product Recalls
The recent bankruptcy filing by Rad Power Bikes on the heels of a U.S. Consumer Product Safety Commission warning about dangerously defective batteries sold by the company highlights how CPSC enforcement clashes with bankruptcy protections, leaving both regulators and consumer litigants with limited options, says Michael Avanesian at Avian Law Group.
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Bipartisan Enforcement Is Rising In Consumer Finance
Activity over the past year suggests a bipartisan state enforcement wave is rippling across the consumer finance industry, which follows a blueprint set out by former Consumer Financial Protection Bureau Director Rohit Chopra, who notably now leads a Democratic Attorneys General Association working group, say attorneys at Hudson Cook.
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Series
Teaching Logic Makes Me A Better Lawyer
Teaching middle and high school students the skills to untangle complicated arguments and identify faulty reasoning has made me reacquaint myself with the defined structure of thought, reminding me why logic should remain foundational in the practice of law, says Tom Barrow at Woods Rogers.
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Series
Law School's Missed Lessons: Practicing Resilience
Resilience is a skill acquired through daily practices that focus on learning from missteps, recovering quickly without internalizing defeat and moving forward with intention, says Nicholas Meza at Quarles & Brady.
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Takeaways From The DOJ Fraud Section's 2025 Year In Review
Former acting Principal Deputy Chief Sean Tonolli of the U.S. Department of Justice's Fraud Section, now at Cahill Gordon, analyzes key findings from the section’s annual report — including the changes implemented to adapt to the new administration’s priorities — and lays out what to watch for this year.
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New State Regs On PFAS In Products Complicate Compliance
The new year brought new bans and reporting requirements for per- and polyfluoroalkyl substances in half a dozen states — in many cases, targeting specific consumer product categories — so manufacturers, distributors and retailers must not only monitor their own supply chains, but also coordinate to ensure compliance, say attorneys at Morgan Lewis.
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Opinion
Congress Should Lead On AI Policy, Not The States
There needs to be some limits on how far federal agencies go in regulating artificial intelligence systems, but Congress must not abdicate its responsibility and cede control over this interstate market to state and local officials, say Kevin Frazier at the University of Texas School of Law and Adam Thierer at the R Street Institute.
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4 Lessons From FTC's Successful Bid To Block Edwards Deal
The Federal Trade Commission's recent victory in blocking Edwards Lifesciences' acquisition of JenaValve offers key insights for deals in life sciences and beyond, including considerations around nonprice dimensions and clear skies provisions, say attorneys at Orrick.
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Can OCC State Banking Law Preemption Survive The Courts?
While two December proposals from the Office of the Comptroller of the Currency seek to foreclose pending consumer litigation against national banks related to residential mortgage lending, it's unclear whether this aggressive approach will withstand judicial scrutiny under the U.S. Supreme Court's 2024 rulings in Cantero and Loper Bright, say attorneys at Davis Wright.
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How Selig May Approach CFTC Agricultural Enforcement
As the U.S. Commodity Futures Trading Commission begins a new chapter under recently confirmed Chairman Michael Selig's leadership, a look back at the agency's actions in agricultural markets over the past six years sheds light on what may lie ahead for enforcement in the area, say attorneys at Latham.
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Traditional FCA Enforcement Surges Amid Shifting Priorities
The U.S. Department of Justice’s January report on False Claims Act enforcement in fiscal year 2025 reveals that while the administration signaled its intent to expand FCA enforcement into new areas such as tariffs, for now the greatest exposure remains in traditional areas like healthcare — in which the risk is growing, say attorneys at Debevoise.
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State Of Insurance: Q4 Notes From Illinois
In 2025's last quarter, Illinois’ appellate courts weighed in on overlapping homeowners coverages for water-related damages, contractual suit limitation provisions in uninsured motorist policies, and protections for genetic health information in life insurance underwriting, while the Department of Insurance sought nationwide homeowners' insurance data from State Farm, says Matthew Fortin at BatesCarey.