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Consumer Protection

March 18, 2026
FCC Warns 'Rip, Replace' Participants That It Will Be Watching

Companies receiving Federal Communications Commission funds under the "rip and replace" program ought to be keeping good records of how they're spending the agency's money and disposing of the equipment they're supposed to be replacing, the FCC warned recently.
March 18, 2026
FDA Can't 'Refuse To File' Tobacco Applications, Suit Says

The maker and a seller of Zone nicotine pouches are suing the U.S. Food and Drug Administration in Texas federal court, alleging the agency stalled and eventually refused to file their marketing application, despite federal law requiring the FDA to either approve or deny such applications.
March 17, 2026
Verizon Can't Ditch Core Claims In Business Data Breach Suit

Verizon must continue to face the bulk of a proposed class action over alleged "email bomb attacks" targeting its business customers, after a New York federal judge found that the nonprofit pressing the suit had established a concrete injury stemming from the data breach and had adequately asserted a trio of negligence, contract and California consumer protection law claims.
March 17, 2026
Instagram Layers Backups To Catch Bad Content, Jury Told

Instagram's algorithm data head told a New Mexico jury Tuesday that Meta layers processes to ward against harmful content, so if a violating post is missed and starts going viral, it can be caught by a backstop.
March 17, 2026
SEC Draws Lines With Crypto 'Token Taxonomy' Guidance

The U.S. Securities and Exchange Commission shared its anticipated "token taxonomy" on Tuesday, issuing interpretive guidance that detailed which types of cryptocurrency assets appear to be beyond the reach of securities laws and the circumstances that could pull them back into the regulator's oversight as part of an investment contract.
March 17, 2026
Pot Co. Escapes Potency Suit, Judge Warns Plaintiff Firm

MariMed and other cannabis companies beat claims they intentionally mislabeled their products to sidestep Illinois THC potency limits, with a federal judge highlighting the string of consumer-led suit losses and warning counsel to "heed the strong and universal concerns about the plausibility of their legal theories."
March 17, 2026
FPI, Apartment Owners Reach $7M Deal In Wash. AG's Tenant Suit

California-based property manager FPI and owners of five low-income apartment complexes have agreed to pay $7 million to end the Washington attorney general's lawsuit accusing them of exploiting senior tenants by overstating property qualities and withholding information about future rent rises, according to an agreed order finalized Monday.
March 17, 2026
FCC OKs Alaska Plan Changes As Tribe Moves To New Village

GCI Communication Corp. won't have to continue to provide service to an Alaskan Native village in the state's eroding coastal lowland after its population moved on to new territory that was gained in a land swap with the federal government, the Federal Communications Commission has ruled.
March 17, 2026
OpenAI, Musk Can't Argue Over Wealth In $38M Fraud Trial

A California federal judge laid out the ground rules for an upcoming April jury trial on Elon Musk's claims OpenAI duped him into donating $38 million, barring evidence regarding the "wealth or lack thereof of any party," unless the dispute reaches the punitive damages stage, which the judge called "unlikely."
March 17, 2026
Mich. AG Joins Fair Housing Laws Fight Against HUD Guidance

Michigan's attorney general spoke Tuesday about joining 15 states and the District of Columbia in a California federal suit claiming the Trump administration undermines enforcement of fair housing laws by threatening to halt funding for local government programs protecting people discriminated against for gender and sexual orientation, among other things.
March 17, 2026
Bettor Pushes For Early Win In Fanatics Wager Limits Suit

A Michigan bettor has asked a federal court to hand him a partial summary judgment win against a sportsbook owned by Fanatics Inc., claiming the platform illegally let users instantly raise their own betting limits in violation of consumer protection rules in multiple states.
March 17, 2026
China Surveillance Makes Radio Conference Harder, Senate Told

China's ability to monitor foreign visitors from the moment they step onto its soil will make it harder for U.S. officials to navigate next year's critical treaty-making conference on radio spectrum rules in Shanghai, experts told the U.S. Senate Tuesday.
March 17, 2026
Biden Admin's Definition Of ERISA Fiduciary Erased

A Texas federal judge on Tuesday vacated regulations from the U.S. Department of Labor that would have expanded the definition of an investment advice fiduciary under federal benefits law, changes that a collective of insurance groups said the federal agency didn't have the authority to make.
March 17, 2026
Kalshi Hit With First Criminal Betting Charges In Arizona

Arizona has laid criminal gambling charges against prediction market platform Kalshi, becoming the first state to do so among a slew of others pressuring the company to disallow users from betting on sporting events.
March 17, 2026
Lawmakers Want More Oversight For Antitrust Settlements

Democratic lawmakers proposed legislation Tuesday that would give courts more power to review settlements reached in government antitrust cases, after the U.S. Department of Justice recently cut a pair of controversial deals, including with Live Nation last week.
March 17, 2026
Fla. Judge Orders Consumers To Arbitrate Binance Claims

A Florida federal judge sent two proposed class suits against Binance to arbitration Monday after finding that the arbitration provision of Binance's terms of use applied to the investors' claims that the exchange laundered stolen cryptocurrency.
March 17, 2026
Apple Seeks Sanctions For 'Unrelenting' Antitrust Depo Efforts

Apple urged a California federal judge to sanction iPhone users' counsel over their allegedly "unrelenting and increasingly egregious" subpoena efforts in antitrust litigation accusing Google of suppressing rival search engines with anticompetitive deals, arguing the consumers are fishing for evidence to try to improperly reinstate Apple as a defendant.
March 17, 2026
House Panel Advances Bill Aimed At Curbing ERISA Litigation

A GOP-led panel in the U.S. House of Representatives on Tuesday advanced legislation that would raise the pleading standards for proposed class action federal benefits lawsuits and delay the start of discovery in those disputes, with Democrats on the committee voting to oppose the legislation.
March 17, 2026
Texas Man Asks Justices To Undo Samsung Battery Suit Win

A man who claims a Samsung SDI Co. Ltd. battery exploded in his pocket is urging the U.S. Supreme Court to revive his case, arguing the Fifth Circuit wrongly applied an exception that allows companies to evade jurisdiction in states where they do business by claiming they marketed the products to manufacturers, not consumers.
March 17, 2026
Google Wants Cutoff Date For Ad Tech Rivals' Claims

Google moved to tee up a dismissal bid aimed at cutting key targeted policies from New York federal court antitrust claims from rival advertising placement technology providers, arguing that its "sophisticated" competitors cannot get around a four-year statute of limitations pegged to the U.S. Department of Justice's lawsuit.
March 17, 2026
'No Disrespect' But Law Prof Mom Not SBF's Atty, Judge Says

A federal judge in Manhattan cautioned retired Stanford Law School professor Barbara Fried, the mother of convicted FTX founder Sam Bankman-Fried, that she cannot make filings on behalf of her son in his bid for a new trial, saying she has not filed an appearance with the court.
March 17, 2026
Mich. AG Says Robinhood Gets Notice Until Injunction Sorted

A federal judge signed off Monday on an agreement between Michigan Attorney General Dana Nessel and Robinhood Derivatives LLC, stating that the attorney general's office must give 48 hours' notice if it plans to take enforcement action against the securities trading company for sports betting.
March 17, 2026
Motorists Lose Bid To Challenge Chicago Skyway Toll Hikes

An Illinois federal judge has dismissed for good a putative class action claiming the companies in charge of a major toll road leading into Chicago have increased certain tolls more than they're allowed under their lease agreement with the city, saying alternative routes exist, but the plaintiffs willingly paid the advertised rates and "got what they bargained for."
March 17, 2026
9th Circ. Pauses Ban On Perplexity Bot's Amazon Shopping

The Ninth Circuit has paused an order from a lower court that banned the Perplexity AI Inc.-made bot Comet from shopping on Amazon while an appeal of the order plays out.
March 17, 2026
NJ Restaurant Beats Customer's Suit Over E. Coli Poisoning

A New Jersey appellate panel on Tuesday upheld the dismissal of a suit over severe injuries suffered by a restaurant customer after eating an E. coli-contaminated salad, rejecting his attempt to categorize the case as a breach-of-contract claim.

Expert Analysis

The CFTC's Road Ahead Under Newly Confirmed Chair

Michael Selig's Dec. 18 confirmation as U.S. Commodity Futures Trading Commission chair comes at a critical juncture, as the agency is poised to gain oversight over the crypto industry and increase its jurisdictional mandate covering prediction markets, says Elizabeth Lan Davis at Davis Wright.
How Fractional GCs Can Manage Risks Of Engagement

As more organizations eliminate their in-house legal departments in favor of outsourcing legal work, fractional general counsel roles offer practitioners an engaging and flexible way to practice at a high level, but they can also present legal, ethical and operational risks that must be proactively managed, say attorneys at Boies Schiller.
Changes In Crypto, Cybersecurity Defined NY Banking In 2025

The major takeaways from 2025 in New York banking policy involve updated guidance, regulations and requirements primarily affecting innovation and digital banking, in areas such as cybersecurity, virtual currencies, and buy now, pay later programs, say attorneys at Steptoe.
Reviewing 2025's Most Pertinent Wiretap Developments

2025 was a remarkable year in the world of web tracking wiretapping litigation, not only for the increased caseload but also because of numerous developing theories of liability, with disputes expected to continue unabated in 2026, say attorneys at Squire Patton.
7 Strategies To Optimize Impact Of Direct Examination

Direct examination is a make-or-break opportunity to build a witness’s credibility, so attorneys should adopt a few tactics — from asking so-called trust-fall questions to preemptively addressing weaknesses — to drive impact and retention with the fact-finder, says Allison Rocker at Baker McKenzie.
Series

Nature Photography Makes Me A Better Lawyer

Nature photography reminds me to focus on what is in front of me and to slow down to achieve success, and, in embracing the value of viewing situations through different lenses, offers skills transferable to the practice of law, says Brian Willett at Saul Ewing.
2025 Brought A New Paradigm For Federal Banking Regulation

A series of thematic shifts defined banking regulation in 2025, including a fundamental reform of prudential supervision, a strategic easing of capital constraints, steps to streamline merger reviews, and a new framework for fair access and entrants seeking to offer banking services, say attorneys at Simpson Thacher.
What Defense Teams Must Know About PFAS Testing Methods

Whether testing for per- and polyfluoroalkyl substances produces results meaningful for litigation depends on the validity of the sampling methodology — so effectively defending these claims requires understanding the scientific and legal implications of different PFAS testing protocols, say attorneys at Hollingsworth.
How Cos. Can Roll With NY's New Algorithmic Pricing Rules

Despite uncertainty from New York’s new ban on artificial intelligence and computer algorithms for setting rents, and efforts to further restrict individualizing prices based on consumers' personal data, property managers, software providers and merchants can take several steps to stay compliant, say attorneys at Foley & Lardner.
2025 State AI Laws Expand Liability, Raise Insurance Risks

As 2025 nears its end, claims professionals should be aware of trends in state legislation addressing artificial intelligence use, as insurance claims based on some of these liability-expanding statutes are a certainty, say attorneys at Wiley.
Series

Law School's Missed Lessons: Practical Problem Solving

Issue-spotting skills are well honed in law school, but practicing attorneys must also identify clients’ problems and true goals, and then be able to provide solutions, says Mary Kate Hogan at Quarles & Brady.
Crypto In 2025: From Federal Deregulation To State Action

The cryptocurrency enforcement landscape evolved in 2025, marked by federal deregulatory trends and active state attorney general enforcement, creating both opportunity and risk for businesses navigating the digital asset market, say attorneys at Cozen O'Connor.
How CFTC Enforcement Shifted In 2025 And What's Next

The U.S. Commodity Futures Trading Commission pivoted sharply under acting Chairman Caroline Pham in 2025, resulting in a pared-back enforcement docket, sweeping policy changes intended to provide greater transparency, and a renewed focus on fraud prevention and maintaining market integrity for the CFTC's core markets, say attorneys at Moore & Van Allen.
Reviewing 2025's State And Federal AI Regulations

In light of increasing state and federal action to oversee the use of artificial intelligence, companies that develop or deploy the technology should keep abreast of current and forthcoming AI laws and consider their applicability to their business activities, says Jessica Brigman at Spencer Fane.
4 Privacy Trends This Year With Lessons For Companies

As organizations plan for ongoing privacy law changes, 2025 trends that include a shift of activity from the federal to the state level mean companies should take an adaptive and principle-based approach to privacy programs rather than trying to memorize constantly changing laws, say attorneys at Sheppard Mullin.