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Consumer Protection
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February 13, 2026
'Conjecture' Frees Duke Energy From Climate Change Suit
Duke Energy Corporation was freed from a North Carolina town's novel lawsuit seeking to hold the utility accountable for climate change-related damages after a North Carolina Business Court judge ruled it presented questions that would force a jury into "utter conjecture."
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February 12, 2026
JPMorgan Unit Must Face Trimmed Cash Sweep Claims
A JPMorgan Chase subsidiary must face some, but not all, of the claims in a consumer proposed class action accusing the bank and a brokerage firm of underpaying the interest on their cash sweep accounts, a New York federal judge ruled Thursday.
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February 12, 2026
FTC Merger Filing Overhaul Thrown Out
The Federal Trade Commission hasn't shown the costs on merging companies outweigh the claimed benefits of dramatically increasing the amount of information that must be provided upfront when giving notice of a transaction, a Texas federal judge said Thursday, throwing out the commission's overhaul of premerger reporting requirements.
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February 12, 2026
State Antitrust Enforcement On The Upswing, Panelists Agree
Speaking at a Silicon Valley antitrust conference hosted Thursday by Baker McKenzie LLP, a senior California antitrust enforcer, an in-house Intel attorney, a University of Southern California law professor, and others agreed that the country is headed into a period of increased activity by state antitrust enforcers.
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February 12, 2026
Uber $8.5M Bellwether Verdict Boosts Plaintiffs' MDL Leverage
Uber was recently hit with an $8.5 million verdict in the first bellwether trial in multidistrict litigation over driver sex assaults, and one particular finding by the jury bodes well for the thousands of cases remaining in the MDL, experts tell Law360, and could prove pivotal for any future global settlement.
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February 12, 2026
Zappos Says Customer Must Arbitrate Meta Privacy Suit
A Zappos customer must arbitrate her proposed class action alleging it allowed Meta to eavesdrop on customer activity on its website, the retailer told a California federal judge Wednesday, arguing the customer received conspicuous notice of its conditions of use and privacy notice containing an arbitration agreement.
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February 12, 2026
12 Questions For FCC Chair Brendan Carr
It's been a "banger" of a year at the Federal Communications Commission, says agency chief Brendan Carr, who took over at the outset of President Donald Trump's second term with the goal of cutting regulations and quickly turning over more spectrum to the private sector.
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February 12, 2026
Gravity Payments Sued In Seattle Over 2025 Data Breach
Gravity Payments was hit with a proposed class action in Washington federal court Thursday by a Tennessee resident who claims the credit card processor failed to safeguard his information from a 2025 cyberattack that exposed the personal details of more than 2,000 people.
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February 12, 2026
Top SEC Enforcer Sees Fewer Cases Over Common Violations
The U.S. Securities and Exchange Commission's enforcement chief says she is confident that many violations of federal securities laws concerning requirements for reporting, recordkeeping and internal accounting should not result in agency enforcement actions.
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February 12, 2026
Bipartisan Bill Targets Scam Ads On Social Media Platforms
Federal lawmakers are pushing to require social media companies to crack down on fraudulent advertising on their platforms under new bipartisan legislation that is drawing praise from banking and consumer groups.
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February 12, 2026
HPE Has 'No Grounds' To Hide DOJ Deal Bidders, AGs Say
Democratic attorneys general challenging the controversial Justice Department settlement permitting Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks have urged a California federal judge to let them see who's bidding for assets up for divestiture, arguing the would-be buyers are an integral part of the agreement's viability.
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February 12, 2026
FTC's PBM Case Paused For More Deal Talks
Federal Trade Commission staffers are discussing potential settlements with OptumRx and Caremark that could end the agency's case accusing the pharmacy benefit managers of inflating insulin prices, following a recent deal with Express Scripts.
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February 12, 2026
Symetra Settles AME Church Retirees' Mismanagement Suit
Symetra Life Insurance Co. has agreed to settle claims in a multidistrict litigation from a class of African Methodist Episcopal Church workers who alleged that mismanagement of their annuity retirement plan allowed a rogue employee to embezzle $90 million, although the agreement doesn't resolve the insurers' cross-claims against the church.
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February 12, 2026
Split 4th Circ. Denies Stay Lift In CertainTeed Unit's Ch. 11
A split panel of the Fourth Circuit on Wednesday upheld lower court rulings that left in place a stay of asbestos injury litigation facing the bankrupt affiliate of building material maker CertainTeed, with the majority ruling the debtor filed its case in good faith.
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February 12, 2026
DC Circ. Is Asked To Vet New DOT Immigrant Truck Driver Rule
Drivers and labor unions on Thursday petitioned the D.C. Circuit to review the U.S. Department of Transportation's new final rule tightening states' screening procedures and eligibility criteria for nondomiciled commercial driver's licenses issued to immigrants.
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February 12, 2026
Calif. Insurance Chief Backs Smoke Standards Bill
California Insurance Commissioner Ricardo Lara announced his support Wednesday for a bill that would establish the nation's first public health and insurance claims standard for homes damaged by smoke contamination.
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February 12, 2026
Vape Co. Seeks Stay Of $1.6M Judgment In Battery Blast Suit
A vape wholesaler is asking the North Carolina Supreme Court to stay a $1.6 million judgment it was ordered to pay to the estate of a man who suffered burns when a lithium ion battery exploded in his pocket, while the estate on Thursday filed an opposition to the stay.
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February 12, 2026
Home Services Platform Angi Hit With TCPA Suit
Telemarketers with home services platform Angi Inc. are violating the Telephone Consumer Protection Act by contacting people whose phone numbers are on the national Do Not Call Registry to advertise its products and services, according to a proposed class action filed Tuesday in Colorado federal court.
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February 12, 2026
Roblox Wins Effort To Arbitrate Kids' Data Privacy Suit
Roblox can arbitrate a proposed class action alleging that it secretly harvests users' personal data, a California federal judge ruled Wednesday, finding that the users received conspicuous notice of the fact that clicking "Sign Up" or "Continue" on its platform binds them to the arbitration clause contained in Roblox's terms of use.
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February 12, 2026
Maxeon Dodges Investor Suit Over Financial Disclosures
Maxeon Solar Technologies has escaped a shareholder class action accusing it of misleading investors about its liquidity issues, with a California federal judge ruling that none of the challenged statements in the suit were shown to be false or misleading.
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February 12, 2026
'Texit' Crypto Offering Halted By Texas Securities Regulator
Texas' state securities regulator has filed an emergency cease-and-desist order against an enterprise selling mining interests for a cryptocurrency invoking the Texas secession movement, alleging the scheme constitutes a fraudulent and unregistered offering and sale of securities.
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February 12, 2026
Commerce Examining Mexican Strawberries For Antidumping
The U.S. Department of Commerce on Monday opened an investigation into whether winter strawberries imported from Mexico are being sold at less than fair value, coinciding with a U.S. International Trade Commission investigation into possible harms.
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February 12, 2026
Texas AG To Investigate Conduent, BCBS For Data Breach
Texas Attorney General Ken Paxton announced Thursday that he's investigating Blue Cross Blue Shield of Texas and Conduent Business Services LLC over a sprawling data breach that left sensitive data for upward of four million Texans exposed.
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February 12, 2026
Senate Committee OKs Bill To Better Oversee Broadband Map
A key Senate committee on Thursday advanced legislation to explore whether the Federal Communications Commission's maps of broadband service are working as intended.
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February 12, 2026
ITC Finds Van Trailer Imports Harmed US Production
Imported van-type trailers and their assemblies entering the U.S. from Mexico, Canada and China are harming U.S. producers, the U.S. International Trade Commission said Thursday.
Expert Analysis
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A Closer Look At California Financial Regulator's 2026 Agenda
California Department of Financial Protection and Innovation Commissioner KC Mohseni in recent remarks demonstrated the regulator's growing importance amid the Consumer Financial Protection Bureau's retreat by debuting expansive goals for 2026, including finalizing rulemaking for the state's digital asset law and expanding enforcement authority around consumer complaints, says John Kimble at Hinshaw.
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California's New Privacy Laws Demand Preparation From Cos.
An increase in breach disclosures is coinciding with California's most comprehensive privacy and artificial intelligence legislation taking effect, illustrating the range of vulnerabilities organizations in the state face and highlighting that the key to successfully managing these requirements is investing in capabilities before they became urgent, says Camilo Artiga-Purcell at Kiteworks.
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Class Actions At The Circuit Courts: February Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings from November and December, and identifies practice tips from cases involving the Missouri Merchandising Practices Act and Missouri unjust enrichment claims, the Illinois Biometric Information Privacy Act, the Class Action Fairness Act, and the Telephone Consumer Protection Act.
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Series
Trail Running Makes Me A Better Lawyer
Navigating the muddy, root-filled path of trail marathons and ultramarathons provides fertile training ground for my high-stakes fractional general counsel work, teaching me to slow down my mind when the terrain shifts, sharpen my focus and trust my training, says Eric Proos at Next Era Legal.
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What Rescheduling Means For Cannabis Labels, Marketing
The proposed reclassification of cannabis is expected to bring heightened scrutiny of labeling, advertising and marketing from the U.S. Food and Drug Administration and the Federal Trade Commission, but the brands that tighten evidence, standardize operations and professionalize marketing controls now will see fewer surprises and better outcomes, say attorneys at Wilson Elser.
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What Applicants Can Expect From Calif. Crypto License Law
With the July effective date for California's Digital Financial Assets Law fast approaching, now is a critical time for companies to prepare for licensure, application and coverage compliance ahead of this significant regulatory milestone that will reshape how digital asset businesses operate in California, say attorneys at MoFo.
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Malpractice Claim Assignability Continues To Divide Courts
Recent decisions from courts across the country demonstrate how different jurisdictions balance competing policy interests in determining whether legal malpractice claims can be assigned, providing a framework to identify when and how to challenge any attempted assignment, says Christopher Blazejewski at Sherin & Lodgen.
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What Clarity Act Delay Reveals About US Crypto Regulation
The Senate Banking Committee's decision to delay markup of the Clarity Act, which would establish a comprehensive federal framework for digital assets, illuminates the political and structural obstacles that shape U.S. crypto regulation, despite years of bipartisan calls for regulatory clarity, says David Zaslowsky at Baker McKenzie.
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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.