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Consumer Protection
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September 12, 2025
Mass. AG Says KalshiEX Running Betting Platform In Disguise
Online "prediction market" KalshiEX LLC was hit on Friday with a lawsuit by Massachusetts regulators alleging the New York-based company is running what amounts to an unlicensed sports betting platform.
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September 12, 2025
Chem Industry's Goals For Toxic Substance Law Face Hurdles
The chemical industry is pushing to overhaul a federal toxic substances law to accelerate the approval of new products, but narrow party margins in Congress, compromises built into the law and environmental groups' opposition weigh heavily against them.
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September 12, 2025
Broker Wants DC Circ. View Of FINRA Constitutionality Claim
A broker-dealer representative has asked the D.C. Circuit to review a lower court's refusal to block an enforcement action against him from the Financial Industry Regulatory Authority despite his claims that the pending in-house hearing is unconstitutional under the U.S. Supreme Court's Jarkesy decision.
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September 12, 2025
Off The Bench: NCAA Athlete Ban, WNBA Sun Controversy
In this week's Off The Bench, the NCAA administered permanent bans to three basketball players, and two high-profile politicians warned the WNBA that it could be at risk of violating antitrust laws if it interferes in the sale of the Connecticut Sun.
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September 12, 2025
Buyers Seek Final OK In $1.5M Rust-Oleum Greenwashing Suit
A class alleging that Rust-Oleum Corp. has been "greenwashing" its cleaning products with labels claiming they are "non-toxic" and "Earth Friendly" is asking a California federal court to grant final approval of a $1.5 million settlement to resolve the suit.
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September 12, 2025
Hagens Berman Doubles Down On AI-Tainted Brief Correction
Hagens Berman Sobol Shapiro LLP said that the firm has an ethical duty to correct briefs tainted by artificial intelligence errors and that the corrected versions shouldn't be stricken from a proposed class action against online platform OnlyFans' parent company.
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September 12, 2025
Under Armour Gets Win In Outlet Store Price Suit
A New York federal judge on Thursday axed a consumer's potential class action alleging that Under Armour promises lower costs of products sold in its outlet stores while actually charging inflated prices, saying that she didn't claim that what she bought was defective.
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September 12, 2025
Calif. Bill Blocking Fee Sharing With ABS Firms Heads To Gov.
A bill heading to California Gov. Gavin Newsom's desk is poised to tighten rules to restrict alternative business structure law firms from operating in the Golden State by blocking lawyers from sharing fees with out-of-state firms owned by non-lawyers.
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September 12, 2025
EU Lets Microsoft Unbundle Teams To Avoid Fine
European Union antitrust officials signed off Friday on Microsoft's plans to offer cheaper Office 365 suites without the Teams collaboration platform in order to avoid a potentially hefty fine for past policies shackling the two services together.
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September 12, 2025
Insurer Says Demolition Co. Can't Pursue Damage Offset
An insurer seeking to recoup $375,000 paid in connection with an implosion that damaged a policyholder's home asked a Pennsylvania state court to toss a demolition contractor's counterclaim for an offset of damages, saying the contractor attempted to improperly join a claim from a separate action.
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September 12, 2025
Newsmax Drops Fla. Suit Against Fox, Refiles In Wisconsin
Newsmax dropped its antitrust claims against Fox Corp. late Thursday night, just before the deadline to file an amended complaint, and immediately refiled them in Wisconsin.
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September 11, 2025
Energy Giants Largely Defeat Climate Change RICO Suit
A Puerto Rico federal judge on Thursday mostly threw out, for good, racketeering and antitrust claims accusing a slew of energy industry companies of misrepresenting the climate dangers of fossil fuel products in causing a pair of hurricanes, though she declined to throw out some of the claims with prejudice.
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September 11, 2025
Uber Sued By Feds, Accused Of Disability-Based Bias
The federal government Thursday hauled Uber Technologies Inc. into a federal court in San Francisco, accusing the transportation company of discriminating against riders with disabilities, including by allegedly refusing service to individuals traveling with service animals or using stowable wheelchairs.
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September 11, 2025
4th Circ. Uneasy Weighing SSA Data Case After Justices' Stay
The full Fourth Circuit on Thursday seemed inclined to maintain the government's access to U.S. Social Security Administration records since the U.S. Supreme Court granted the same relief in an emergency order, but also noted that the justices left them bereft of a blueprint for evaluating the merits of that access.
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September 11, 2025
States Push Conn. Court To Ban Generic Drug Price-Fixing
A court order is necessary to prevent pharmaceutical companies and their executives from illegally fixing the prices of generic drugs, a coalition of state enforcers have told a Connecticut federal judge, arguing there is a "reasonable expectation" that the allegedly anticompetitive behavior at the center of multidistrict litigation will happen again.
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September 11, 2025
FTC Presses OpenAI, Meta On AI Chatbots' Impact On Kids
The Federal Trade Commission is seeking information from Meta, OpenAI, Google and four others about the steps they're taking to measure and monitor the potentially negative impacts that AI-powered chatbots that are designed to act as companions are having on children and teens, the agency revealed Thursday.
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September 11, 2025
'Delete Delete Delete': FCC To Slash Hundreds Of Old Rules
The Federal Communications Commission plans to get rid of nearly 400 rules that it says are obsolete, some of which hail from the "Ma Bell" era, and the agency has said it won't seek input on its updated guidance unless pressed to do so.
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September 11, 2025
Google's 'Failure To Communicate' In AI Fight Irks IP Judge
A California magistrate judge presiding over discovery in a proposed class action alleging Google's artificial-intelligence training models infringed artists' copyrights on Thursday refused, for now, to appoint a special master after plaintiffs accused Google of delaying data production by months, but she expressed frustrations with Google counsel's "failure to communicate."
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September 11, 2025
Doctor Says Brother's Ex-Firm Reneged On Pro Bono Promise
A doctor has accused Whiteford Taylor & Preston LLP of backing out of its promise to represent her free of charge in litigation by her former employer, the University of Oklahoma College of Medicine, over her efforts to publish testimonials from patients regarding gender transition care.
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September 11, 2025
Users Accuse Encyclopaedia Britannica Of Privacy Invasion
Encyclopaedia Britannica website users have sued the digital reference platform in federal court on claims that it violates the California Invasion of Privacy Act by closely tracking their online activity and selling that information to third parties, including Facebook.
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September 11, 2025
SEC Sues Podcast Host, Others Over $82M In Securities Sales
A trio of allegedly unregistered securities brokers, including a podcaster, are facing a suit from the U.S. Securities and Exchange Commission, alleging they sold unregistered oil and gas securities at the behest of sponsors of the associated unregistered offerings, raising a combined $82 million in exchange for transaction-based compensation.
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September 11, 2025
T-Mobile Settles With FCC Over Unapproved Phone Rollout
T-Mobile has reached an agreement with the Federal Communications Commission to resolve allegations that it began marketing a new cellphone model before getting a green light in the FCC's equipment testing process.
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September 11, 2025
6th Circ. Backs Toss Of Suit Over Alleged Jif Contamination
A Sixth Circuit panel affirmed a lower court win for J.M. Smucker Co. on Wednesday, saying customers in a proposed class action over a Jif peanut butter recall lacked proof that their specific items were contaminated with salmonella bacteria.
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September 11, 2025
Cable Cos. Call For Faster Access To Investor-Owned Poles
High-speed internet service is being deployed to Americans in a "reasonable and timely" fashion, but if the Federal Communications Commission wanted to speed things up a little, a trade group says it could always make it easier to access investor-owned utility poles.
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September 11, 2025
3rd Circ. Won't Toss Talc Co. Whittaker Clark & Daniels' Ch. 11
Defunct talc supplier Whittaker Clark & Daniels properly filed for Chapter 11 protection in 2023 and its bankruptcy case should not be dismissed, the Third Circuit has ruled, siding against talc claimants who argued the company already being in receivership precluded it from filing for bankruptcy.
Expert Analysis
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What EPA Chemical Data Deadline Extension Means For Cos.
The U.S. Environmental Protection Agency's extension for manufacturers and importers of 16 chemical substances to report unpublished health and safety studies under the Toxic Substances Control Act could lead to state regulators stepping into the breach, while creating compliance risks and uncertainty for companies, say attorneys at Holland & Knight.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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Compliance Changes On Deck For Banks Under Texas AI Law
Financial services companies, including banks and fintechs, should evaluate their artificial intelligence usage to prepare for Texas' newly passed law regulating AI governance, noting that the enforcement provisions provide for an affirmative defense to liability, say attorneys at Mitchell Sandler.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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23andMe Fine Signals ICO's New GDPR Enforcement Focus
Many of the cybersecurity failures identified by the Information Commissioner’s Office in its investigation of 23andMe, recently resulting in a £2.3 million fine, were basic lapses, but the ICO's focus on several new U.K. General Data Protection Regulation considerations will likely carry into the future, say lawyers at Womble Bond.
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How Courts Are Addressing The Use Of AI In Discovery
In recent months, several courts have issued opinions on handling discovery issues involving artificial intelligence, which collectively offer useful insights on integrating AI into discovery and protecting work product in connection with AI prompts and outputs, says Philip Favro at Favro Law.
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Midyear Rewind: How Courts Are Reshaping VPPA Standards
The first half of 2025 saw a series of cases interpreting the Video Privacy Protection Act as applied to website tracking technologies, including three appellate rulings deepening circuit splits on what qualifies as personally identifiable information and who qualifies as a consumer under the statute, say attorneys at Perkins Coie.
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Tips For Crypto AI Agent Developers Under SEC Watch
With agents powered by artificial intelligence increasingly making decisions in the cryptocurrency world, there's a chance the U.S. Securities and Exchange Commission could use the Investment Advisers Act to regulate this technology in financial services, but there are ways developers can mitigate regulatory risks, say attorneys at Morrison Cohen.
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What's Next For CFPB After 'Big Beautiful' Funding Cuts
While the One Big Beautiful Bill Act's funding cuts to the Consumer Financial Protection Bureau are unlikely to have an independent effect in the short run, they could exacerbate the existing issue of wide regulatory fluctuations in successive administrations in the longer run, say attorneys at Covington.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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4 In-Flux Employment Law Issues Banks Should Note
Attorneys at Ogletree provide a midyear update on employment law changes that could significantly affect banks and other financial service institutions — including federal diversity equity and inclusion updates, and new and developing state and local artificial intelligence laws.
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New DOJ Penalty Policy Could Spell Trouble For Cos.
In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.
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Influencer Marketing Partnerships Face Rising Litigation Risk
In light of recent class actions claiming that brands and influencers are misleading consumers with deceptive marketing practices — largely premised on the Federal Trade Commission's endorsements guidance — proactive compliance measures are becoming more important, say attorneys at Olshan Frome.
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5 Consumer Protection Compliance Issues In NY State Budget
Companies that engage with New York consumers should promptly familiarize themselves with new state budget provisions that require finance and retail companies to make certain business practices more transparent and easier for customers to execute, say attorneys at Mintz.
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High Court Cert Spotlights Varying Tests For Federal Removal
A recent decision by the U.S. Supreme Court to review Chevron v. Plaquemines Parish, a case involving the federal officer removal statute, highlights three other recent circuit court decisions raising federal removal questions, and serves as a reminder that defendants are the masters of removal actions, says Varun Aery at Hollingsworth.