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Consumer Protection

October 30, 2026
EssilorLuxottica Keeps Eyewear Antitrust Win At 2nd Circ.

The Second Circuit on Friday declined to revive a proposed class action in consolidated litigation accusing French-Italian firm EssilorLuxottica SA of monopolizing the U.S. consumer eyewear market, agreeing with the trial court that the indirect purchasers have not plausibly alleged a "premium eyewear market."
October 30, 2026
OCC Has 'Serious' Concerns On Calif. Climate-Disclosure Law

The Office of the Comptroller of the Currency is lobbying California environmental regulators for a national bank carveout from their anticipated state climate-related disclosure rules, signaling it could otherwise seek to shield banks with its federal preemption powers.
October 30, 2026
Binance's $6.3B Crypto Hack Puts Customer Trust To The Test

The record $6.3 billion hack of Binance is likely to test customers' faith in the cryptocurrency giant, with its ability to repay losses and willingness to take steps to strengthen its cyber defenses poised to shape whether investors stick with the platform.
October 30, 2026
McDonald's Must Keep Fighting McRib Proposed Class Action

An Illinois federal judge Friday trimmed but ultimately refused to toss the bulk of a proposed class action claiming McDonald's deceives consumers because its McRib doesn't contain any rib meat, ruling that the consumers have plausibly alleged that McDonald's tricked them into thinking the sandwich contained rib.
October 30, 2026
'Why Would I Deceive You?': Fact-Checking The Holmes Doc

With former Theranos CEO Elizabeth Holmes' criminal case receiving renewed attention following the recent release of Nathan Fielder and Lance Oppenheim's documentary "You Can See Everything," Law360 answers questions about Holmes' 2022 securities fraud conviction and fact-checks some of the documentary's most talked-about moments.
October 30, 2026
Custodia Urges High Court To Curb Fed 'Tyranny'

Custodia Bank again urged the U.S. Supreme Court to review a Tenth Circuit ruling allowing regional Federal Reserve banks to deny eligible banks master accounts, saying only the high court can "put an end to the Fed's tyranny over financial innovation."
October 30, 2026
Amazon Aims For Quick Appeal Of Partial Antitrust Class Cert.

Amazon is seeking permission from the Ninth Circuit to immediately appeal a Washington federal judge's decision partly granting a group of online shoppers' class certification bid in an antitrust lawsuit alleging its vendor pricing policies inflated prices on Walmart and eBay's online marketplaces, according to a recent docket entry.
October 30, 2026
Cruz Counsel Returns To FCC As Space Bureau Chief

The Federal Communications Commission has named a former employee with experience in both the public and private sectors to head the agency's Space Bureau, after a stint as chief telecommunications counsel to the Senate Commerce Committee.
October 30, 2026
CFTC Seeks To Block Utah Prediction Market Actions

The U.S. Commodity Futures Trading Commission is asking a Utah federal judge to temporarily block the state from pursuing enforcement actions against prediction market platforms, including Utah's active civil and criminal cases against Kalshi.
October 30, 2026
Underdog Seeks To Halt Wash. Prediction Market Enforcement

Prediction market Underdog urged a Washington federal judge Thursday to stop state authorities from enforcing gambling laws against the company until the U.S. Supreme Court rules on whether prediction markets are subject to state regulation or fall under the exclusive jurisdiction of the Commodity Futures Trading Commission.
October 30, 2026
FCC Mulls Order Overriding Calif. Carrier Rules

The Federal Communications Commission is thinking about preempting California's carrier of last resort regulations to allow AT&T to continue with its copper landline retirement in the Golden State, something California regulators have refused to sign off on.
October 30, 2026
9th Circ. Ruling Revives Meta DMV Data Suit, Drivers Say

Two California drivers urged a San Francisco federal judge to revive their lawsuit accusing Meta of harvesting "vast quantities" of personal and confidential information from the state's Department of Motor Vehicles website, pointing to the Ninth Circuit's finding that unauthorized disclosure of even seemingly mundane information is a concrete injury.
October 30, 2026
Ashley Furniture Hid Noncompete Terms, Wash. Worker Says

Ashley Furniture unlawfully concealed the terms of noncompetition agreements from workers in Washington state until after they accepted the company's employment offers, alleges a proposed class action the company removed to federal court in Seattle on Thursday.
October 30, 2026
2nd Circ. To Hear CFTC At Kalshi, Conn. Oral Arguments

The Second Circuit on Friday said it would permit the U.S. Commodity Futures Trading Commission to share its views on prediction market regulation at upcoming oral arguments between Kalshi and Connecticut regulators.
October 30, 2026
AGs Seek Final OK For $29.6M Glenmark Price-Fixing Deal

A coalition of 48 states and territories is asking a Connecticut federal judge to give his final approval to a $29.6 million settlement with Glenmark Pharmaceuticals Ltd. that would end claims that the drugmaker conspired with competitors to inflate prices and allocate markets for generic drugs.
October 30, 2026
Kalshi Taps Clement For High Court Sports Contracts Fight

Kalshi has hired appellate heavyweight Paul D. Clement of Clement & Murphy PLLC to represent the company in its potential U.S. Supreme Court battle over whether the prediction markets platform's sports wagering is subject to state or federal oversight.
October 30, 2026
9th Circ. Revives NFL Sunday Ticket Antitrust Verdict

The Ninth Circuit ruled Friday that a lower court was wrong to scrap a $4.7 billion jury verdict against the National Football League in a class action over the price of its Sunday Ticket broadcast package, but ordered a new trial on the damages.
October 30, 2026
Google Search Judge 'Increasingly Concerned' By Fix Delays

Nearly a year after issuing his final mandates ordering Google to prop up search engine rivals with data and syndicated search results, a D.C. federal judge expressed concern during a hearing Friday that the process of readying the monopolization fixes won by the U.S. Department of Justice continues to drag on.
October 30, 2026
Jeep Drivers May Amend Suit Over Premature Corrosion

A Michigan federal judge said Friday that a shift in focus in a proposed class action brought by Jeep drivers against FCA justified granting the drivers' request to amend their complaint a second time.
October 30, 2026
Hong Kong Telecom Ends US Services In FCC Deal

The Federal Communications Commission said Friday it has reached a consent decree resolving its investigation of Hong Kong telecom company HKT over its ties to Chinese Communist Party.
October 30, 2026
Cigna Patients Seek Hefty Class In Cigna Auto Denials Suit

A group of Cigna plan beneficiaries on Friday sought approval for a class of 3 million members in its lawsuit alleging the insurer unlawfully used an automated tool to deny their medical claims, telling a California federal court that a class action is the only realistic way to handle the case.
October 30, 2026
Real Estate Firm Drops Airbnb Suit Over 'BNB' Acronym

A luxury real estate management company has dropped a lawsuit against Airbnb that claimed it shouldn't be able to monetize the "BNB" acronym as an internationally recognized abbreviation for bed and breakfast.
October 30, 2026
Tesla Drivers Urge Full 9th Circ. To Save False Ad Class

Drivers have asked the full Ninth Circuit to clarify the standard for certifying class actions accusing companies of deceptive advertising, saying they should be allowed to forge ahead with classwide claims alleging Tesla misled customers about the autonomous or self-driving capabilities of its vehicles.
October 30, 2026
Ga. Developer Fights Coverage Denial For Fraud Loss

A developer told a Georgia federal court that a Chubb unit wrongly denied coverage for losses stemming from a third party's accessing of a client's payment portal to direct payments away from the developer.
October 30, 2026
FCC To Look At Clearing Airwaves For Moving Earth Stations

The Federal Communications Commission will in November consider an order that would make it easier under agency rules to deploy earth stations in motion that are mounted on ships, planes, vehicles and drones.

Editor's Picks

Fed. Circ. Panel Backs Invalidation Of OxyContin Patent

The Federal Circuit on Monday upheld a Delaware federal court's decision that deemed invalid a Purdue Pharma patent covering an abuse-deterrent version of the opioid OxyContin, rebuffing the company's arguments that the lower court got its obviousness analysis wrong.
Fed. Circ. Questions Specificity Needed In Oxy IP Invalidation

A Federal Circuit panel expressed frustration with attorneys from both Purdue Pharma LP and generic-drug maker Accord Healthcare Inc. Wednesday as it tried to navigate whether the Delaware district court order invalidating Purdue's abuse-deterrence patent was explicit enough.

Expert Analysis

FinCEN Scam Alerts Push Banks To Rethink AML Monitoring

Recent Financial Crimes Enforcement Network guidance on digital asset scams suggests that future anti-money laundering examinations may focus less on whether institutions detect the movement of criminal proceeds and more on whether they can identify fraud schemes before victims suffer catastrophic losses, say attorneys at Ballard Spahr.
Washington Email Law Still Puts Marketers At Litigation Risk

Despite legislative efforts to curtail abusive litigation after the 2025 Brown v. Old Navy decision extending Washington's Commercial Electronic Mail Act to misleading email subject lines, CEMA can still trigger class actions with statutory damages, even for national campaigns run by companies with no physical presence in Washington, say attorneys at Wilson Elser.
How AI Could Help Judges Spot Their Own Biases

In close cases where there’s room for discretion, artificial intelligence could challenge judges’ implicit biases by running counterfactual tests at scale — but any judicial use of such tools would need guardrails, say Arnold Peter at Peter Law and Nancy Rapoport at University of Nevada.
Compete Act Reinforces Calif.'s Antitrust Leadership Role

California's recent passage of the Compete Act, which expands the state's principal antitrust statute's focus on concerted multifirm conduct to business dealings between two or more firms, underscores California's leadership in state antitrust enforcement as attorneys general move to fill perceived gaps left by reduced federal oversight, say attorneys at Skadden.
Parsing The Lowest SEC Enforcement Stats In Over A Decade

Statistics show that the U.S. Securities and Exchange Commission brought a historically low number of enforcement actions during Paul Atkins' first full fiscal year as chairman, delivering on his promise to reduce enforcement in program areas focused on recordkeeping and other technical violations, say attorneys at Covington.
How To ID And Respond To 5 Types Of Misleading Witnesses

Witnesses can mislead fact-finders using a variety of tactics — from strategic amnesia to manufactured ignorance — but lawyers can learn how to identify and expose this testimony to come out on top, says Allison Rocker at Baker McKenzie.
Midterm Elections Outlook For Financial Services

A change in congressional control after the upcoming midterm elections could bring about slower regulatory approvals, intensified oversight and shifting enforcement priorities for the financial services industry, say attorneys at Covington.
New Manhattan DA Task Force Puts Antitrust In Its Crosshairs

The Manhattan District Attorney's Office's new corporate crime and antitrust task force is adding local criminal enforcement to a field long led by federal authorities, meaning companies need to account for potential parallel federal and state antitrust investigations when responding to misconduct, say attorneys at Ropes & Gray.
Right-To-Repair Laws Create Manufacturer Compliance Maze

Without existing precedent to help interpret new right-to-repair laws, original equipment manufacturers must make careful judgments about how best to comply with conflicting state statutes — but several principles related to documentation, replacement products and more emerge from the patchwork, say attorneys at Faegre Drinker.
3 Strategies To Reduce AI Sycophancy In Legal Work

The tendency of generative artificial intelligence models to tell users what they want to hear can reinforce attorneys’ confirmation bias when testing the strength of arguments, and it can’t simply be prompted away — but a few practices can help mitigate it, says Michael Ott at Ice Miller.
AI Risks May Recalibrate 'Reasonable Security' Standards

A definitive answer to what constitutes reasonable vulnerability management in the age of artificial intelligence is still emerging, but the answer is likely less a reset of the standard than a recalibration of how organizations meet it, say Scott Loughlin at Hogan Lovells and Mike Priest at Globe Life.
DOJ Directive Gives Contractors A Fraud Risk Road Map

For government contractors, the 10 factors described in the U.S. Department of Justice's recent corporate fraud enforcement directive function as a de facto scoring rubric for internal audits that mirrors what prosecutors will prioritize, say attorneys at Spencer Fane.
Key Risk Assessment Gaps To Note From NY Cyber Guidance

Covered entities should take a fresh look at the compliance gaps flagged in recent New York State Department of Financial Services guidance on "deficient cybersecurity programs," particularly around scope, asset inventories and documentation, say attorneys at Mayer Brown.
FTC's Changing Model Raises Questions About Its Mission

Federal Trade Commission leaders have recently sketched a vision of an agency that continues an enforcement role distinct from the U.S. Department of Justice's, even as a shift toward greater presidential control makes enforcement more responsive to changes in administrations, say attorneys at Wiley.
2nd Circ. EFAA Ruling Shifts Employer Litigation Strategy

In Diaz-Roa v. Hermes Law, the Second Circuit recently held that, under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, employers can't carve out nonharassment claims and send them to arbitration, which has implications for discovery, litigation costs and resolution strategy in EFAA-covered disputes, say attorneys at Krevolin Horst.