A D.C. federal judge refused Monday to limit the number of witnesses in the Federal Trade Commission's monopolization lawsuit against Meta Platforms, rejecting agency assertions that plans by the Facebook parent company for up to 86 witnesses are "unreasonable."
Law360
Consumer Protection
WEDNESDAY, FEBRUARY 12, 2025 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

FTC Can't Get Cap On Meta's Up To 86 Antitrust Trial Witnesses

By Bryan Koenig

A D.C. federal judge refused Monday to limit the number of witnesses in the Federal Trade Commission's monopolization lawsuit against Meta Platforms, rejecting agency assertions that plans by the Facebook parent company for up to 86 witnesses are "unreasonable."

2 documents attached | Read full article » | Save to favorites »

Apple Says Child Porn Detection Suit Can't Stand

By Emily Field

Victims of child sexual abuse materials can't bring a proposed class action accusing Apple of spreading the videos and images, the tech giant has told a California federal court, arguing the company is protected by Section 230 of the Communications Decency Act.

Memorandum attached | Read full article » | Save to favorites »

Trump Buyout Plan Still On Hold As Unions Cite 'Confusion'

By Brian Dowling

A Boston federal judge on Monday extended his hold on President Donald Trump's federal worker buyout program as he weighs a request from unions to block the so-called Fork Directive, which promises months of pay to government employees who resign their posts.

Read full article » | Save to favorites »

'Stand Down': CFPB's Acting Chief Pulls Employees Off Job

By Jon Hill and Courtney Bublé

The Trump administration's acting Consumer Financial Protection Bureau Director Russell Vought told agency staff on Monday to "stand down" from doing any work, the latest in a series of rapid-fire moves that are sidelining the agency and prompting employees to sue.

2 documents attached | Read full article » | Save to favorites »

UnitedHealth Says Fed Suit Imperils Deal's Many Benefits

By Bryan Koenig

UnitedHealth Group and home health and hospice giant Amedisys Inc. responded to the U.S. Department of Justice's merger challenge Friday by telling a Maryland federal judge that the government is taking quotes out of context, focusing on "artificially narrow geographic markets" and misjudging market realities.

1 document attached | Read full article » | Save to favorites »

Sandy Hook Families Accuse Alex Jones Of 'Ambush' Appeal

By Aaron Keller

Connecticut's highest court should swat down Infowars host Alex Jones' attempt to appeal a record-smashing Sandy Hook defamation verdict because he abandoned the very defenses he now seeks to present under a special type of review for unpreserved constitutional arguments, the victims of the 2012 mass shooting have said.

1 document attached | Read full article » | Save to favorites »

Gun Owners Look To Revive Suit Over DC Metro Gun Law

By Jared Foretek

A group of D.C. and Virginia gun owners are asking the D.C. Circuit to revive their suit challenging a ban on guns in the region's Metro system, saying that the district judge who dismissed the case required that they get caught carrying on board to have standing.

Brief attached | Read full article » | Save to favorites »

Jury To Look At Ford's Wealth When Setting Punitive Damages

By Jonathan Capriel

A Georgia federal jury will be allowed to look at Ford's wealth and the profits it made off the allegedly defective F-250 Super Duty pickup truck when considering punitive damages in a fatal rollover wreck that killed a couple, a judge ruled, saying it's "common sense" information that a jury needs if it chooses to "punish" Ford.

Order attached | Read full article » | Save to favorites »

Law360 Seeks Members For Its 2025 Editorial Boards

Law360 is looking for avid readers of our publications to serve as members of our 2025 editorial advisory boards.

Read full article » | Save to favorites »

POLICY & REGULATION

FCC Ready To Lower The 'Boom' On Raucous Commercials

By Christopher Cole

The nation's telecommunications regulator will consider this month whether new rules are needed to cut the volume on blaring commercials that upset the relative calm of TV shows they accompany, according to a recent notice of proposed rulemaking.

1 document attached | Read full article » | Save to favorites »

EPA Asks 5th Circ. To Uphold Asbestos Ban Rule

By Juan-Carlos Rodriguez

The U.S. Environmental Protection Agency is defending a Biden-era rule strengthening its restrictions on the use of the most prevalent variety of asbestos, which are being challenged by industry, worker and green groups.

3 documents attached | Read full article » | Save to favorites »

House Dems Form Rapid Response Litigation Working Group

By Courtney Bublé

House Democrats announced on Monday a new litigation initiative to confront the Trump administration and the Elon Musk-led Department of Government Efficiency, which has been slashing federal funding, from stopping some government services and firing workers without Congressional approval.

Read full article » | Save to favorites »

GOP Sens. Restart Effort To Get Lawmaker OK For Major Regs

By Christopher Cole

It could become tougher for the Federal Communications Commission to adopt new rules for the telecom industry under a bill Republicans have reintroduced that would require a congressional green light for major new regulations.

Bill attached | Read full article » | Save to favorites »

UnitedHealthcare Fined $3.4M In NC Over Billing Shortfalls

By Ryan Harroff

UnitedHealthcare of North Carolina Inc. and its insurance affiliate got fined $3.4 million by the Tar Heel State's insurance regulator for failing to follow its own policies for negotiating with out-of-network providers to keep extra costs off of its policyholders.

Read full article » | Save to favorites »

Prison Phone Co. Tells FCC Rate Cap Rules Cost Too Much

By Nadia Dreid

Prison phone company NCIC Correctional Services thinks the Federal Communications Commission messed up by preempting state and local laws to ban "site commissions," service provider-to-prison payments that critics call kickbacks.

Letter attached | Read full article » | Save to favorites »

FDIC's McKernan Exits Board As Republicans Max Out Seats

By Aislinn Keely

Republican Jonathan McKernan announced Monday that he'll vacate his seat on the Federal Deposit Insurance Corp.'s board, given the expiry of his term and the addition of a Trump appointee that brings the board to its maximum number of GOP-held seats.

Read full article » | Save to favorites »

Ala. Sen. Files Bill To Ban THC In Hemp Products

By Mike Curley

Alabama Republican Sen. Tim Melson has filed a bill that would ban products that contain delta-8, delta-9 and delta-10 — which it identifies as psychoactive substances — from sale in the state.

Bill attached | Read full article » | Save to favorites »

ENFORCEMENT

Feds Nab Plea In Bitcoin-Boosting Hack Of SEC X Account

By Aislinn Keely

An Alabama man on Monday pled guilty to being involved with the hack of the U.S. Securities and Exchange Commission's X account last year, admitting to a single conspiracy charge and agreeing to forfeit $50,000 he made from the scheme that briefly bumped the price of bitcoin.

Notice attached | Read full article » | Save to favorites »

PBMs Fight To Keep Mich. AG's Opioid Suit In Federal Court

By Carolyn Muyskens

Pharmacy benefit managers' work on behalf of federal health insurance plans entitles them to keep Michigan's lawsuit over their role in the opioid crisis in federal court, the companies told a federal judge last week.

Response attached | Read full article » | Save to favorites »

LITIGATION

Apple Urges 9th Circ. Not To Revive Web App Antitrust Suit

By Bonnie Eslinger

Apple asked the Ninth Circuit on Friday to affirm a lower court's dismissal of a case from iPhone buyers accusing it of violating antitrust law by preventing iPhones from running web-based apps, saying the suit alleges a "highly indirect and speculative" harm that's not even an antitrust injury.

Brief attached | Read full article » | Save to favorites »

Apple Pushes DC Circ. To Pause Google Search Case

By Matthew Perlman

Apple told the D.C. Circuit on Monday it did not become clear that it needs to intervene in the government's search monopolization case against Google until enforcers proposed remedies that affected Apple's conduct too.

1 document attached | Read full article » | Save to favorites »

Kratom Co. Says False Ad Addiction Suit Falls Short

By Mike Curley

The company behind Kryptic Kratom and K-Chill branded supplements is urging a California federal court to throw out a suit alleging it concealed kratom's addictive qualities from consumers, saying the complaint fails to shore up its claims with factual allegations.

Motion attached | Read full article » | Save to favorites »

Mexico Lodges Bid To Resolve US Biotech Corn Fight

By Joyce Hanson

The Office of the U.S. Trade Representative has applauded a pair of policy changes in Mexico aimed at complying with a dispute settlement panel's decision that faulted the country's biotechnology corn regulations.

Read full article » | Save to favorites »

Insurer Says No Coverage Owed For Toxic Hair Product Suit

By Elizabeth Daley

The makers of a hair straightening treatment do not have coverage for a lawsuit alleging the product is carcinogenic because the claims against them came after the treatment was known to be hazardous, and after the policy had ended, an insurer told a California federal court.

Complaint attached | Read full article » | Save to favorites »

DraftKings Must Face Narrowed Suit Over Voided NBA Bets

By Rachel Scharf

An Indiana federal judge trimmed allegations of deceptive sales Friday from a putative class action over DraftKings' decision to cancel wagers made with faulty odds on a National Basketball Association game in 2023, but said the sports betting giant must face a well-pled breach of contract claim.

Order attached | Read full article » | Save to favorites »

Calif. Ruling Holds Wildfire Debris Not A Coverable Loss

By Eli Flesch

Two California homeowners didn't have a covered claim for wildfire debris that infiltrated their home, a state appeals panel ruled, saying there was no evidence the debris caused the kind of loss or damage required for coverage.

Opinion attached | Read full article » | Save to favorites »

Grayscale Beats Bitcoin Rival's $2M Unfair Practices Suit

By Brian Steele

A Connecticut state court judge has handed digital asset management firm Grayscale Investments LLC a summary judgment win on a smaller rival's $2 million unfair trade practices suit over a bitcoin feud, finding that the relevant state law does not apply to the dispute.

2 documents attached | Read full article » | Save to favorites »

AI Copyright Plaintiffs Say Google Is Raising 'Marginal issues'

By Andrew Karpan

Artists and authors suing over how Google trains its artificial intelligence software say that the tech giant is disputing "marginal issues" that other tech giants facing similar copyright lawsuits over similar technology haven't brought up.

3 documents attached | Read full article » | Save to favorites »

Amazon Used App Toolkit To Harvest User Data, Suit Says

By Rachel Riley

Amazon has used Candy Crush Saga, Subway Surfers and other mobile apps as a "Trojan Horse" to ingrain secret tracking mechanisms in hundreds of millions of consumers' smartphones through a software development kit for developers, according to a new proposed class action in Seattle federal court.

Complaint attached | Read full article » | Save to favorites »

Brief

Bird Shelter Settles 2nd Nuisance Calls Suit With UnitedHealth

By Hayley Fowler

UnitedHealth Group Inc. has settled a proposed class action brought by a North Carolina bird refuge over nuisance calls the health insurer allegedly made to consumers even after it demanded the calls stop, according to a court order pausing the case.

Order attached | Read full article » | Save to favorites »

Brief

NJ Law Firm, TD Bank Resolve $149K Bounced Check Suit

By Ryan Harroff

TD Bank NA and the New Jersey personal injury law firm that sued it over a $149,000 cashier's check that failed to go through have ended the dispute, according to a New Jersey federal court filing.

2 documents attached | Read full article » | Save to favorites »

EXPERT ANALYSIS

How Cos. Can Use Data Clean Rooms To Address Privacy

Implementing comprehensive administrative controls, security processes and vendor management systems are vital steps for businesses leveraging data clean rooms for privacy compliance, especially given the Federal Trade Commission's warnings of complicated user privacy implications, say attorneys at Troutman.

Read full article » | Save to favorites »

SEC Motion Response Could Reveal New Crypto Approach

Cumberland DRW recently filed to dismiss the U.S. Securities and Exchange Commission’s enforcement action against it for the unlawful purchase and sale of digital asset securities, and the agency's response should unveil whether, and to what extent, the Trump administration will relax the federal government’s stance on digital asset regulation, say attorneys at O'Melveny.

Read full article » | Save to favorites »

Aviation Watch: Litigation Liabilities After DC Air Tragedy

While it will likely take at least a year before the National Transportation Safety Board determines a probable cause for the Jan. 29 collision between a helicopter and a jet over Washington, D.C., the facts so far suggest the government could face litigation claims, says Alan Hoffman, a retired attorney and aviation expert.

Read full article » | Save to favorites »

Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example

Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.

Read full article » | Save to favorites »

LEGAL INDUSTRY

Judge Backs Thomson Reuters In 1st AI Ruling On Fair Use

By Ivan Moreno

Tech startup ROSS Intelligence infringed copyrighted material from Thomson Reuters' Westlaw platform to create a competing legal research tool powered by artificial intelligence, a Delaware federal court said Tuesday in a highly anticipated opinion that is the first to rule on whether infringement in AI training is protected by fair use.

Order attached | Read full article » | Save to favorites »

ABA Calls Trump Admin Out For Questioning Judicial Review

By Rae Ann Varona

The American Bar Association expressed concerns Tuesday over recent remarks coming out of the Trump administration that raised questions on the judiciary's authority to keep the executive branch's power in check, saying that judicial review was among the "oldest and most revered precedent" in the nation's legal history.

Read full article » | Save to favorites »

NYC Mayor Says Bribery Case Is Over, Despite Silent Docket

By Frank G. Runyeon

Amid an absence of activity on the court docket, New York City Mayor Eric Adams declared Tuesday that the federal bribery case against him "will no longer continue," following reports of a U.S. Department of Justice memo directing prosecutors to drop the case.

Read full article » | Save to favorites »

Rodney King's Former Atty Gets Prison For $7M Tax Evasion

By Rachel Scharf

A Los Angeles criminal defense and civil rights attorney who once represented Rodney King was sentenced by a California federal court Tuesday to 1½ years in prison for evading $7.2 million worth of taxes on income from his law practice.

Read full article » | Save to favorites »

Ex-Major Lindsey Employee Must Face Firm's $4.8M Claim

By Jake Maher

A New York bankruptcy court ruled Monday that a former Major Lindsey & Africa LLC employee embroiled in over a decade of litigation with the recruiting firm cannot discharge a $4.8 million claim it filed against her.

Opinion attached | Read full article » | Save to favorites »

Roundup

What Judges Want You To Know: Litigate Smarter

By Dani Kass

Federal judges regularly sit on panels at conferences and similar events, sharing their best practices and most valuable pieces of advice with patent lawyers and others in the room. In the second installment of a two-part series, Law360 has pulled together advice from over the last few years that remains as relevant as ever.

Read full article » | Save to favorites »

ABA, Aid Orgs. Sue White House Over Foreign Funding Freeze

By Ali Sullivan

The American Bar Association and seven international aid organizations sued the Trump administration in D.C. federal court Tuesday over its freeze on foreign assistance funding, arguing the pause flouts "bedrock separation-of-powers principles."

2 documents attached | Read full article » | Save to favorites »

Founder Of NY Boutique Law Firm Dies On Ski Slope

By Kevin Penton

The founder of a boutique law firm based in upstate New York died Saturday after he was found injured near a ski slope, according to New York State Police and his law firm.

Read full article » | Save to favorites »

No Prison For Firm Manager Who Aided Feds' No-Fault Bust

By Pete Brush

A Manhattan federal judge allowed a wealthy law firm manager to avoid prison Tuesday for his role in paying bribes that fueled a $70 million no-fault automobile insurance fraud racket, citing his decision to cooperate with prosecutors and willingness to testify.

4 documents attached | Read full article » | Save to favorites »

Ex-Seton Hall Law Worker Gets 8 Months For Embezzlement

By Carla Baranauckas

A former employee at Seton Hall University School of Law was sentenced Tuesday to eight months in prison for taking part in a 13-year embezzlement scheme that defrauded the school of $1.3 million.

Read full article » | Save to favorites »

Approach The Bench: Judge Frederic Block On Resentencing

New York federal Judge Frederic Block has been on a campaign lately, arguing that state court judges should enjoy the same discretion he does to reconsider the sentences of people condemned to spend decades in prison.

Read full article » | Save to favorites »

Promo that reads 2024 Practice Groups of the Year Promo that reads Law360 Pulse In-House Counsel Satisfaction Survey

LAW FIRMS IN TODAY'S NEWS

Consumer Law Group

Arnold & Porter

Baron & Budd

Bathaee Dunne

Bleichmar Fonti

Bose McKinney

Broocks Law Firm

Brown & Connery

Butler Prather

Clarkson Law Firm PC

Coblentz Patch

Colwell Law

Cotchett Pitre

Covington & Burling

Crowell & Moring

Davis Polk

Dykema

Field Law

Finn Dixon

Finnegan

Foley & Lardner

Gallagher Evelius

Garman Turner

Gibson Dunn

Hach Rose Schirripa

Hogan Lovells

Holtzman Vogel

Huie Fernambucq

Hunton Andrews

Husch Blackwell

Joseph Saveri Law Firm

Kellogg Hansen

Keosian Law

Kirkland & Ellis

Knight Law Group

Koskoff Koskoff

Kramon & Graham

Latham & Watkins

Lexington Law Group

Lockridge Grindal

Lynch Carpenter

McLane Bednarski

Morris Nichols

Motley Rice

Murphy Anderson PLLC

Nagel Rice

O'Melveny & Myers

Page Scrantom

Patterson Belknap

Paul Weiss

Pollack Solomon

Porter Wright

Potter Anderson

Quinn Emanuel

Randazza Legal Group

Ropes & Gray

Sheppard Mullin

Shook Hardy

Sills Cummis

Simpson Thacher & Bartlett LLP

Smith Gambrell

Snell & Wilmer

Starr & Starr

Thompson Coe

Thompson Hine

Troutman

Ward & Smith

Watson Spence

Wiggin & Dana

Williams & Connolly

WilmerHale

Wilson Sonsini

Zelle LLP

COMPANIES IN TODAY'S NEWS

AT&T Inc.

Amazon.com Inc.

Amedisys Inc.

American Airlines Group Inc.

American Bar Association

American Chemistry Council Inc.

American Federation of Government Employees

American Federation of Labor & Congress of Industrial Organizations

American Federation of State County & Municipal Employees

Anthropic PBC

Apple Inc.

BARBRI

BetterHelp

Cable News Network Inc.

Chemonics International Inc.

Coinbase Global Inc.

DAI Global LLC

Databricks Inc.

Democracy Forward Foundation

Denver Nuggets

Digital Currency Group Inc.

DraftKings Inc.

Epic Games Inc.

Express Scripts Holding Co.

Ford Motor Co.

Gemini Trust Co. LLC

Genentech Inc.

Genesis Capital

GoodRx Holdings Inc.

Google LLC

Grayscale Investments LLC

Instagram Inc.

Interactive Advertising Bureau Inc.

LHC Group Inc.

LinkedIn Corp.

Los Angeles Lakers

Major Lindsey & Africa LLC

McAfee Inc.

MedImmune LLC

Meta Platforms Inc.

Microsoft Corp.

NBCUniversal Media LLC

National Air Traffic Controllers Association

National Association of Government Employees

National Basketball Association Inc.

National Treasury Employees Union

New York State Bar Association

Olin Corp.

Option Care Health Inc.

Optum Inc.

PSA Airlines Inc.

Payward Inc.

Porsche

Public Citizen Inc.

ROSS Intelligence

Reddit Inc.

Ripple Labs Inc.

Samsung Electronics Co. Ltd.

Spotify Technology SA

The New York Times Co.

Thomson Reuters Corp.

Toronto-Dominion Bank

United Steelworkers

UnitedHealth Group Inc.

Walmart Inc.

Washington Metropolitan Area Transit Authority

Wawanesa General Insurance Co.

eBay Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Franchise Tax Board

California Privacy Protection Agency

California Supreme Court

City and County of San Francisco, California

Consumer Financial Protection Bureau

Executive Office of the President

Federal Aviation Administration

Federal Bureau of Investigation

Federal Communications Commission

Federal Deposit Insurance Corp.

Federal Reserve System

Federal Trade Commission

Food and Drug Administration

Georgia Supreme Court

Government of Mexico

Illinois Attorney General's Office

Indiana Gaming Commission

Internal Revenue Service

Maryland Attorney General's Office

National Aeronautics and Space Administration

National Credit Union Administration

National Transportation Safety Board

New York Attorney General's Office

New York State Police

North Carolina Department of Insurance

Occupational Safety and Health Administration

Office of the Attorney General for the District of Columbia

Office of the Comptroller of the Currency

Office of the U.S. Trade Representative

Patent Trial and Appeal Board

State of Michigan

U.S. Agency for International Development

U.S. Army

U.S. Attorney's Office

U.S. Attorney's Office for the Central District of California

U.S. Attorney's Office for the District of New Jersey

U.S. Attorney's Office for the Southern District of New York

U.S. Bankruptcy Court for the Southern District of New York

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Department of Defense

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. Department of State

U.S. Department of Veterans Affairs

U.S. Department of the Treasury

U.S. District Court for the Central District of California

U.S. District Court for the District of Columbia

U.S. District Court for the District of Delaware

U.S. District Court for the District of Maryland

U.S. District Court for the District of Massachusetts

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of Michigan

U.S. District Court for the Eastern District of New York

U.S. District Court for the Eastern District of North Carolina

U.S. District Court for the Middle District of Georgia

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Northern District of New York

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Texas

U.S. District Court for the Western District of Washington

U.S. Environmental Protection Agency

U.S. Office of Personnel Management

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

US Office of Management and Budget

United States District Court for the Southern District of Indiana