Instacart has agreed to pay $60 million to resolve Federal Trade Commission claims it deceptively advertised "free delivery" on customers' first orders while charging a service fee and for not clearly disclosing the terms of its subscription membership.
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FRIDAY, DECEMBER 19, 2025 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Instacart Will Pay $60M Over FTC's Deceptive Delivery Claims

By Lauren Berg

Instacart has agreed to pay $60 million to resolve Federal Trade Commission claims it deceptively advertised "free delivery" on customers' first orders while charging a service fee and for not clearly disclosing the terms of its subscription membership.

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Trump's Picks To Lead FDIC, CFTC Win Senate Approval

By Jon Hill

The U.S. Senate on Thursday signed off on two more of President Donald Trump's picks for top financial regulator jobs, confirming Travis Hill and Michael Selig as chairs of the Federal Deposit Insurance Corp. and Commodity Futures Trading Commission, respectively.

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Amazon Can't Shed Class Status In Virtual Try-On Privacy Suit

By Ben Adlin

A Seventh Circuit panel has affirmed an Illinois district judge's certification of a class of more than 100,000 Amazon shoppers who accuse the e-commerce giant of illegally collecting and preserving their facial geometry data when they used the company's virtual try-on feature to preview products such as makeup and eyewear.

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LinkedIn Data Access Settlement Rejected In Antitrust Case

By Matthew Perlman

A California federal court refused to approve a settlement requiring LinkedIn to stop conditioning access to its data interface on rivals agreeing not to use the data for a competing professional social network, a deal that included no damages but up to $4 million in attorney fees.

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Menards To Pay $4.25M To End 10 States' Deception Probe

By Lauraann Wood

Menards Inc. will pay $4.25 million to resolve 10 states' investigation into allegedly deceptive marketing tactics they say the Midwestern home-improvement giant used while advertising its merchandise credit check program.

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Judge Wants Live Nation Antitrust Trial Limited To 5 Weeks

By Bryan Koenig

A New York federal judge nudged the Justice Department and Live Nation during a hearing Thursday to limit next year's antitrust jury trial against the live entertainment giant to no more than five weeks, not the eight the government wants, although he left open the possibility for more time.

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New NJ Rules Combat AI And Housing Discrimination

By Elaine Briseño

The use of artificial intelligence in hiring practices is among the areas targeted by a sweeping new mandate enacted by New Jersey's Division on Civil Rights meant to shore up protections against discrimination.

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Trump Orders Loosening Of Federal Restrictions On Marijuana

By Sam Reisman

President Donald Trump on Thursday announced that his administration would instruct federal agencies to loosen restrictions on cannabis via executive order, a historic acknowledgment from the executive branch that the drug has recognized medical uses.

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POLICY & REGULATION

FCC Reworks Reg Framework For Low Power TV

By Christopher Cole

The Federal Communications Commission on Thursday created a new regulatory framework in hopes of advancing the low-power TV industry.

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LITIGATION

NAR Brokers Are Antitrust Conspirators, 10th Circ. Told

By Grace Dixon

Homie Tech Inc. told the Tenth Circuit that the National Association of Realtors can't paint its broker members as third parties in an effort to duck the residential brokerage startup's antitrust claims over a boycott flowing from NAR rules those members followed.

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Hisense Blocked From Collecting Texan TV Viewers' Data

By Rae Ann Varona

A Texas state court temporarily blocked Chinese television maker Hisense from collecting viewers' personal data as the Lone Star State's attorney general sues the manufacturer and four other companies for allegedly "spying" on what consumers are watching, the attorney general has announced.

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Settlement Admin, Bank Conspiracy Suits Consolidated In DC

By Jared Foretek

A group of putative class actions alleging a wide-ranging kickback scheme between three of the largest settlement administration companies in the country and banks that was designed to juice administration fees while diminishing class action payouts has been consolidated in D.C. federal court.

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Doctors Freed From Suit As NC Panel Deems It MedMal Issue

By Abigail Harrison

Parents whose young daughter died following complications from heart surgery can't revive their lawsuit against pediatric heart doctors because their fraud and breach of fiduciary duty claims "sounded in" medical malpractice and were thus barred, a North Carolina state appeals court panel said Wednesday.

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Colo. Court Asked To Award $20M In Kratom Fail-To-Warn Suit

By Rachel Konieczny

A deceased Colorado man's parents asked a state judge Thursday to order a kratom company to pay them $20.1 million because of their son's death, claiming the company failed to warn consumers about the risks associated with using the loosely regulated plant-derived substance with opioid-like effects.

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Anti-Fluoride Win Merits $9.5M In Fees From EPA, Judge Told

By Bonnie Eslinger

Anti-fluoridation groups urged a California federal judge in a hearing Thursday to grant them $9.5 million in attorney fees for winning a 2024 decision that the U.S. Environmental Protection Agency's "optimal" fluoride level for drinking water poses an unreasonable risk of lowering children's IQ. 

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Calif. AG, Bar Officials Fight Bid To Stop ABS Fee-Sharing Ban

By James Mills

Both the California attorney general and the California State Bar are opposing a California attorney's attempt to block a new law preventing fee-sharing with out-of-state law firms owned by nonlawyers set to go into effect on Jan. 1.

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Wis. Tribe Seeks To Block Kalshi Sports Contracts

By Ganesh Setty

A Wisconsin Native American tribe urged a federal court to preliminarily block prediction market platform Kalshi from offering sports event contracts on tribal lands, arguing such contracts threaten its gaming monopoly.

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Car Dealer Credit Check Co. Sued Over Breach Affecting 5.8M

By Emilie Ruscoe

A company that handles credit inquiries for car dealerships is facing a proposed class action accusing it of negligence, following a cyberattack on its systems in October that compromised the personal information of more than 5.8 million people.

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Pa. Casino Accused Of Ignoring Data-Tracking Opt-Out

By Matthew Santoni

A proposed class action claims the Rivers Casino in Pittsburgh surreptitiously recorded website visitors' browsing and shared it with third parties, including Facebook and Spotify, even if the users chose to "reject" tracking codes, according to the complaint filed in Pennsylvania state court Wednesday.

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Chemical Co. Seeks Contractor's Coverage For Mercury Suits

By Mark Payne

The successor to a chemical company told a Louisiana federal court in a lawsuit that it is an additional insured under policies obtained by a contractor working on its chemical facility and is owed coverage for nearly 200 underlying lawsuits claiming mercury exposure from the facility. 

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Hunter Claims FN America Pistol With Safety On Shot His Leg

By Mike Curley

A Colorado fire lieutenant with Aurora Fire Rescue is suing FN America LLC and Umarex USA Inc., saying a pistol they made and distributed went off while the safety was on, and without a trigger pull, and shot him in the leg while he was hunting.

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Pot Co. Says NY's 'Seed To Sale' Program Raises Costs

By Mike Curley

A maker of cannabis products is suing New York's cannabis regulators, alleging that new 'seed-to-sale' tracking system will exponentially raise prices and is an unconstitutional overreach by the agency.

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Brief

Arkansas Social Media Safety Law Temporarily Blocked

By Nadia Dreid

Arkansas cannot enforce a state law that bans social media platforms from using algorithms that could cause a user to kill themselves, buy drugs, become addicted to social media or develop an eating disorder, a federal district judge has ruled.

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EXPERT ANALYSIS

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.

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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.

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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.

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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.

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LEGAL INDUSTRY

$3.6B Hogan Lovells, Cadwalader Deal To Form Top 5 Firm

By Kevin Penton

Hogan Lovells and Cadwalader Wickersham & Taft are planning to combine, creating what the firms say will be the world's fifth-largest firm by revenue, they announced Thursday.

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Fake Quotes In Pa. Patent Case Lead To Judicial Rebuke

By James Boyle

Two Barley Snyder attorneys have been directed to explain to a Pennsylvania federal judge how nonexistent quotes from cited cases appeared in a July filing, according to a recently published order that also denied a holiday light clip manufacturer's request for a temporary restraining order preventing a rival company from selling a similar product.

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Boies Schiller Must Face Fla. Fee Suit, Court Told

By Lynn LaRowe

In pushing back on a bid to toss a Florida state court lawsuit against Boies Schiller Flexner LLP and related defendants, a pharmaceutical mass tort law firm and other parties said the lawsuit outlines a clear breach of a nondisclosure agreement and interference with existing business relationships, making the complaint legally sufficient under Sunshine State law.

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Dems Offer Bill To Shine Light On High Court 'Shadow Docket'

By Ryan Boysen

Democratic lawmakers have introduced a bill that would require the U.S. Supreme Court to explain its "shadow docket" rulings, criticizing the high court for issuing "harmful, backwards decisions" that "impact millions of Americans' lives" but are often unaccompanied by a formal opinion.

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DC Circ. Told Transferred Ethics Suit Bolsters Newman's Case

By Adam Lidgett

Suspended Federal Circuit Judge Pauline Newman is contending that a decision in which an ethics complaint against a Fourth Circuit judge was transferred out of his home court bolsters her argument that her fellow circuit judges shouldn't have investigated her fitness to remain on the bench.

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Senate Package Includes US Attorney, DC Judge Confirmations

By Courtney Bublé

The Senate confirmed 13 U.S. attorneys and three local judges for the District of Columbia as part of a nominations package confirmed 53-43 along party lines on Thursday.

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Chancery Sr. Magistrate Leaving Bench For Role As Neutral

By Rose Krebs

Delaware's Chancery Court will soon be losing its senior magistrate, as she is returning to private practice to serve as a professional neutral.

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LAW FIRMS IN TODAY'S NEWS

Ashurst LLP

Baker McKenzie

Barley Snyder

Bathaee Dunne

Boardman & Clark

Boies Schiller

Burg Simpson

Burke LLP

Cadwalader Wickersham

Cotchett Pitre

Cravath Swaine

David Boies

Davis Polk

Dechert LLP

Dorsey & Whitney

Edelson Lechtzin

Faegre Drinker

Falcon Rappaport

Flanagan Partners

Greenberg Traurig

HSF Kramer

Hogan Lovells

Homer Bonner

Huff Powell

Jones Day

King & Ruiz

Korein Tillery

Kramer Levin

LTL Attorneys

Latham & Watkins

Law Office of Lester J. Marston

Lawson Huck

Lehotsky Keller

Lozeau Drury

Lynch Carpenter

Matthew G. Miller PC

McDermott Will & Schulte

Milbank LLP

Moore & Associates LLP

Morgan Lewis

Orrick Herrington

Parsons Behle

Pendley Baudin

Perkins Coie

Polsinelli PC

Quarles & Brady

Quinn Emanuel

Reed Smith

Reinhart Boerner

Richards Layton

Robinson Bradshaw

Saul Ewing

Seeger Weiss

Sidley Austin

Simpson Thacher & Bartlett LLP

Siri & Glimstad

Smith Gambrell

Squire Patton

Sullivan & Cromwell

Taylor Wessing

Vicente LLP

Walker Allen

Waters Kraus

Wetherington Law Firm

Willkie Farr

Wilson Sonsini

Winston & Strawn

Wisner Baum

COMPANIES IN TODAY'S NEWS

700Credit LLC

Amazon.com Inc.

American Arbitration Association

Angeion Group

Anywhere Real Estate Inc.

Apple Inc.

Blackhawk Network Holdings Inc.

Bloomingdale's Inc.

Burke Inc.

Cable News Network Inc.

Cars.com LLC

Comerica Inc.

Converse Inc.

Epiq Systems Inc.

FN America LLC

Food & Water Watch

Gen Digital Inc.

George Washington University

Gleason Corp.

Google LLC

Hisense Co. Ltd.

HomeServices of America Inc.

Huntington Bancshares Inc.

Instacart

JND Legal Administration Co.

LG Electronics Inc.

LinkedIn Corp.

Live Nation Entertainment Inc.

LiveRamp

MSP Recovery

Meta Platforms Inc.

Microsoft Corp.

Mithun Inc.

NBCUniversal Media LLC

National Association of Realtors

National Institute for Trial Advocacy

New Civil Liberties Alliance

Occidental Petroleum Corp.

Papa John's International Inc.

Pinterest Inc.

Reddit Inc.

Rush Street Gaming LLC

S&P Global Inc.

Salesforce.com Inc.

Samsung Electronics Co. Ltd.

Sandoz International GmbH

Smart Approaches to Marijuana

Sony Group Corp.

Spotify Technology SA

State Bar of California

TCL Technology Group Corp.

The New York Times Co.

TransUnion LLC

U.S. Bancorp

Western Alliance Bancorporation

YouTube Inc.

Zeughauser Group LLC

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Department of Justice

Centers for Medicare & Medicaid Services

Commodity Futures Trading Commission

Congressional Research Service

Federal Communications Commission

Federal Deposit Insurance Corp.

Federal Reserve System

Federal Trade Commission

Financial Stability Oversight Council

Ho-Chunk Nation

Illinois Attorney General's Office

Illinois General Assembly

Judicial Conference of the United States

National Institutes of Health

New Jersey Attorney General's Office

New York State Senate

New York Supreme Court, New York County

Office of the Comptroller of the Currency

Ohio Attorney General's Office

Texas Attorney General's Office

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

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. Court of Appeals for the Tenth Circuit

U.S. Department of Health and Human Services

U.S. Department of Justice

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 South Carolina

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

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

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

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

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

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

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

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

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

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

U.S. District Court for the Southern District of Florida

U.S. District Court for the Southern District of Mississippi

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

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

U.S. District Court of the District of New Hampshire

U.S. Drug Enforcement Administration

U.S. Environmental Protection Agency

U.S. House of Representatives

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

United States District Court for the District of Colorado

United States District Court for the Southern District of Indiana

United States District Court for the Western District of Wisconsin