Bloomingdale's Website Tracking Suit Revived On CIPA Claim

By Allison Grande

The Ninth Circuit on Friday reversed the toss of a proposed class action accusing Bloomingdale's of illegally capturing website visitors' activities in violation of the California Invasion of Privacy Act, finding the plaintiff had sufficiently alleged that the retailer had disclosed the "contents" of her communications to a third-party software provider.

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AT&T Customers' $177M Data Breach Deal Wins Initial OK

By Lauren Berg

A Texas federal judge Friday gave her initial blessing to a $177 million settlement resolving a flood of claims accusing AT&T Inc. of failing to safeguard customers' sensitive information during two separate incidents that exposed the data of tens of millions of people.

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Veterans Can't Stop Defendant's Outreach To Potential Class

By Hayley Fowler

A group of veterans can't stop a consulting firm from contacting potential class members for help with the firm's defense in a lawsuit alleging it charged millions of dollars in illegal fees, a North Carolina federal magistrate judge has ruled from the bench.

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Analysis

Microplastics Focus May Force Change In Biz Practices

By Juan-Carlos Rodriguez

The U.S. Environmental Protection Agency confirmed it's considering research that could lead to microplastics regulation, and although policies may be years away, businesses are already facing pressure to change their practices from increasing state regulation and consumer litigation.

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737 Max Families Push For Special Prosecutor In Boeing Case

By Linda Chiem

Families of victims of the 737 Max 8 crashes have asked a Texas federal judge to appoint a special prosecutor in Boeing's criminal conspiracy case, saying the U.S. Department of Justice's latest nonprosecution agreement with the American aerospace giant sets a dangerous precedent for corporate defendants to evade accountability.

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Pearson Warshaw, Fegan Scott To Steer PVC Antitrust Class

By Celeste Bott

Pearson Warshaw LLP and Fegan Scott LLC have been tapped as lead counsel for a new class of end-user plaintiffs in consolidated litigation accusing polyvinyl chloride pipe companies of using a commodity pricing service to exchange information and illegally fix prices.

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Justices Let E-Cig Retailers Join Challenge To FDA Prohibition

By Katie Buehler

The U.S. Supreme Court ruled Friday that e-cigarette retailers can challenge the U.S. Food and Drug Administration's denial of product marketing applications, finding manufacturers aren't the only entities that can be adversely affected by the agency's decisions.

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High Court Says FCC Orders Not Above District Court Review

By Allison Grande

The U.S. Supreme Court on Friday ruled that district courts should be allowed to question the slate of regulations that the Federal Communications Commission has issued under the Telephone Consumer Protection Act, further constricting the power of federal agencies to interpret laws.

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CrowdStrike Escapes Flyers' IT Outage Class Action

By Craig Clough

A Texas federal judge dismissed a proposed class action Wednesday against cybersecurity firm CrowdStrike Inc. from airline customers whose flights were delayed or canceled due to the catastrophic July 2024 global IT outage, finding the collection of state law claims are preempted by the federal Airline Deregulation Act.

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9th Circ. Says NY Claims Against Hyundai Raise 'Novel' Issue

By Bonnie Eslinger

A split panel of the Ninth Circuit Friday refused to toss negligence claims from cities in Ohio and Wisconsin in consolidated litigation alleging Hyundai and Kia, of which Hyundai is a major shareholder, sold vehicles with design flaws that enabled car thefts nationwide, but said negligence claims under New York law "raise a novel issue" of state law.

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PE Firm Demands FDA Docs For Defense In Deal Challenge

By Gianna Ferrarin

Private equity firm GTCR BC Holdings LLC is seeking a court order for the U.S. Food and Drug Administration to produce over a decade's worth of medical device approval applications, arguing the documents are necessary in its defense against a merger challenge by the federal government.

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Senate's CFPB, PCAOB Cuts Hit Parliamentarian Roadblock

By Jon Hill

The U.S. Senate parliamentarian has thrown cold water on the Senate Banking Committee's bids to defund the Consumer Financial Protection Bureau and eliminate the Public Company Accounting Oversight Board as part of the "One Big Beautiful" budget megabill, but the panel's top Republican is vowing to keep seeking further spending cuts.

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High Court Urged To Rein In FDA Oversight Of Stem Cells

By Gianna Ferrarin

The Association of American Physicians and Surgeons asked the U.S. Supreme Court Friday to review a Ninth Circuit decision the organization argued would wrongly give the government control over a patient's own stem cells.

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Feds, Dems Debate Impact Of Resignation On FTC Firing Case

By Matthew Perlman

The Trump administration told a D.C. federal court the recent resignation of a fired Federal Trade Commission member strips the court of jurisdiction over his claims seeking to be reinstated, while the two Democrats argued the resignation has no impact.

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Brief

Trump Inks Rollback Of Biden-Era OCC Bank Merger Rule

By Jon Hill

President Donald Trump on Friday signed legislation nullifying the Office of the Comptroller of the Currency's Biden-era bank merger rule, clinching a Republican campaign to overturn what industry groups criticized as an overly restrictive and unclear framework for reviewing proposed transactions.

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Brief

Invest In More Broadband Use, Not Overbuilds, Report Says

By Nadia Dreid

The federal government should be spending its money on making sure areas with no internet at all are getting connected, not "overbuilding" in areas that already have it, a new report says on the best way to close the digital divide.

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DEA Judge Backs Federal Ban On 2 Research Chemicals

By Sam Reisman

A U.S. Drug Enforcement Administration judge determined Friday that two unrestricted psychoactive research chemicals belong in Schedule I, the most stringent tier of prohibited substances under the federal Controlled Substances Act.

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Wash. AG Says Hops Farm Favored H-2A Workers Over Locals

By Rachel Riley

Washington state's attorney general launched a lawsuit on Friday accusing a hops grower of illegally firing local employees, often women, and replacing them with foreign farmworkers, abusing the federal H-2A temporary visa program for seasonal agricultural labor.

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Walmart Shells Out $10M To Resolve FTC Money Transfer Suit

By Hailey Konnath

Walmart has agreed to pay $10 million to put to rest the Federal Trade Commission's allegations that the retailer "turned a blind eye to scammers" who facilitated fraud through its money transfer services, according to an announcement made Friday.

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Apple Opposes Class Cert. Bid In Mobile Wallet Monopoly Suit

By Katryna Perera

Apple Inc. has pushed back against a bid for class certification in a suit accusing it of unlawfully monopolizing the "tap and pay" mobile wallet market for its own devices by blocking competition, saying the bid does not offer common evidence to support the plaintiffs' various claims.

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23andMe Judge Aims For Quick Decision On Sale To Founder

By Ben Zigterman

After a second all-day hearing, a Missouri bankruptcy judge said he would decide as quickly as he can on the proposed $305 million sale of genetic testing company 23andMe to a nonprofit led by co-founder Anne Wojcicki.

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6th Circ. Upends Flagstar Bank Win In Overdraft Fees Suit

By Rae Ann Varona

The Sixth Circuit on Friday undid Flagstar Bank's win against a putative consumer protection class action accusing it of charging customers surprise overdraft fees, saying in an unpublished opinion that a rational factfinder could possibly conclude that the bank breached its terms and conditions.

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Meta Enables Investment Scams Via Facebook Ads, Suit Says

By Rae Ann Varona

Facebook and Instagram users Friday lodged a putative class action accusing Meta of turning a blind eye to scam advertisements on its platforms, telling a California federal court the social media giant enabled a Chinese penny stock investment scam that cost victim investors at least $300 million.

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Sig Sauer Aims To Take Down Conn. Atty's Defamation Suit

By Mike Curley

Sig Sauer Inc. is asking a Connecticut federal judge to throw out an attorney's suit claiming it defamed him in a March press release as a "grifter" for his legal actions and litigation against the gunmaker.

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Atty Interaction Prompts Recusal In Google AI Suicide Suit

By Y. Peter Kang

A Florida federal judge and former Gunster shareholder has recused himself from a suit accusing Character.AI and Google of causing the suicide of a teen who was addicted to an artificial intelligence chatbot, after a Munger Tolles & Olson LLP attorney said he discussed the case with the then-attorney last year.

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NJ Court Upholds Some Claims In Athlete's Cannabis Suit

By Jonathan Capriel

New Jersey marijuana retailers can't shake a lawsuit by a champion collegiate athlete who claims their products caused him to develop cannabis-induced psychosis resulting in a suicide attempt, a state judge has ruled, saying the plaintiff's defective design and failure to warn claims are valid.

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Boeing Nears Dismissal From Calif. Door Blowout Lawsuit

By Craig Clough

A California federal judge indicated Friday that he's leaning toward dismissing Boeing from a lawsuit over the midair blowout of a door plug on an Alaska Airlines flight in January 2024, saying Boeing's ties to California are not strong enough for his court to exercise jurisdiction.

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Roundup

Off The Bench: Lakers Sale, NASCAR Antitrust, NIL Appeals

By Alex Lawson

In this week's Off The Bench, the Lakers fetch a $10 billion valuation as a new owner takes control of the franchise, a federal judge urges litigants in the NASCAR antitrust brawl to settle, and appeals pile up against the NCAA's landmark $2.78 billion athlete compensation settlement.

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Nose Spray Co. Sues FTC Over Substantiation Requirement

By Mike Curley

Nasal spray maker Xlear Inc. is suing the Federal Trade Commission in Utah federal court, seeking a declaration that the agency is going beyond its statutory mandate by requiring scientific substantiation in marketing claims, even if the claims are not false and misleading.

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Exxon Says Class Action Trial Should Be Pushed To 2026

By Catherine Marfin

Exxon Mobil told a federal court Friday that a November trial in a class action accusing the oil giant of misleading investors should be delayed, writing that the class is seeking a trial on new theories of liability that were not presented at class certification.

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Legal And Finance Influencer To Settle Over FTX Promotion

By Aislinn Keely

Attorney and personal finance influencer Erika Kullberg and the talent agency she founded have reached a deal with FTX investors over their alleged roles promoting the now-collapsed crypto exchange.

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Hartford Claims Co. Accused Of Shortchanging Auto Payouts

By Aaron Keller

Hartford Fire Insurance Co. was hit with proposed class claims in Connecticut federal court that it failed to pay full value for totaled cars under individual policies, after it used third-party data to whittle hundreds of dollars from vehicle prices as uniform claims administrator for 20 other insurers under The Hartford banner.

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NJ Court Greenlights Beasley Allen Attys In Talc Litigation

By George Woolston

A New Jersey state judge will allow two Beasley Allen Law Firm attorneys to represent a California couple in their suit accusing Johnson & Johnson of selling carcinogenic talc-based baby powder and appear pro hac vice despite the company's vehement opposition.

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Healthcare Suit Financer Faces New Suit Over Data Breach

By Sydney Price

Omni Healthcare Financial, which provides financial services to healthcare companies facing personal injury suits, has been hit with a fresh proposed class action alleging it allowed hackers access to health records and other personal information of more than 16,000 individuals in a data breach last year.

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Texas Jury To Decide Google Ad Tech Liability, Not Damages

By Bryan Koenig

A Texas federal judge is giving Google only partial reprieve from facing a jury on state attorneys general claims targeting its advertising placement technology business, leaving liability under federal antitrust law and any damages up to the court, while letting most state law claims go to the jury.

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2nd Purdue Plan Heading For Creditor Vote, Nov. Hearing

By Rick Archer

A New York bankruptcy judge Friday set OxyContin maker Purdue Pharma's second try at a bankruptcy plan on course for a November confirmation hearing, clearing the plan disclosure statement to be sent out for a creditor vote.

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Airport Parking Sites Charged Hidden Service Fees, Suit Says

By Celeste Bott

The operator of two airport parking reservation websites advertised prices that failed to disclose mandatory service charges customers would later have to pay to book parking spaces, according to a putative class action filed in Illinois state court.

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Shifting DEI Expectations Put Banks In Legal Crosshairs

The Trump administration's rollbacks on DEI-friendly policies create something of a regulatory catch-22 for banks, wherein strict compliance would contradict established statutory and administrative mandates regarding access to credit for disadvantaged communities, say attorneys at Husch Blackwell.

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How Cos. Can Prep For Calif. Cybersecurity Audit Regulations

As the California Privacy Protection Agency Board finalizes cybersecurity audit requirements, companies should take six steps to prepare for the audit itself and to build a compliant cybersecurity program that can pass the audit, say attorneys at Covington.

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Series

Competing In Modern Pentathlon Makes Me A Better Lawyer

Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.

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Ex-Sidley, Covington Partners Launch White Collar Boutique

By Phillip Bantz

The former global co-head of Sidley Austin LLP's white collar defense and investigations practice has joined an ex-white collar partner from Covington & Burling LLP to launch a boutique litigation firm based in New York.

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'Absolutely Disgusting': Litigant's Stashed Gum Irks Judge

By Hailey Konnath

A Florida federal judge admonished a plaintiff for sticking her chewed gum to a courtroom table, leading to a federal prosecutor getting the gum stuck to her skirt later, calling it "absolutely disgusting" and saying he "never dreamed" he would have to "write an order like this."

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Attys Face Sanctions For 'Sweeping' Copying Of Firm's Motion

By Dorothy Atkins

A California federal judge has ordered The Neil Jones Food Co.'s defense counsel to explain why she shouldn't sanction them for filing a dismissal motion that appears to plagiarize a losing motion filed by another firm in another case in the district, slamming the "sweeping copy and paste" conduct as "patently unacceptable."

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Analysis

Many Foreign Firms Could Face Stricter Access To US Markets

By Tom Zanki

The U.S. Securities and Exchange Commission's reevaluation of the definition of a foreign private issuer could have far-reaching consequences, potentially tightening access to U.S. markets for companies based in China and beyond, lawyers say.

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Supreme Court Won't Leapfrog DC Circ. Over Trump's Tariffs

By Lauren Berg

The U.S. Supreme Court rejected a request from two Illinois-based toy makers challenging President Donald Trump's emergency tariffs to consider their case before it is reviewed by the D.C. Circuit.

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Trump Taps Atty Dropped By Biden For Eastern Ky. Fed. Court

By Ali Sullivan

President Donald Trump has announced plans to nominate former Kentucky Solicitor General Chad Meredith to serve as a judge for the U.S. District Court for the Eastern District of Kentucky.

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Boies Schiller Fights DQ Bid In Law Firms' Fee Dispute

By Madison Arnold

Boies Schiller Flexner LLP pushed back on a bid to disqualify the firm in a Florida state court case between pharmaceutical mass tort firms and their former counsel, in which Boies Schiller is both representing itself as a defendant and its co-defendants, arguing there is no conflict because all their defenses are the same.

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9th Circ. Backs 'Legitimate' Bar Membership Admission Rules

By Lauren Berg

The Ninth Circuit on Friday tossed a challenge to local rules in district courts in the circuit requiring lawyers to be bar members in the state where the court is located in order to seek general admission, saying admission rules aren't unconstitutional and there are several "legitimate reasons" for the rule.

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Roundup

UK Litigation Roundup: Here's What You Missed In London

By Laura Stewart Liberty

This past week in London has seen Pogust Goodhead face legal action from mining giant BHP Group, Trainline bring a procurement claim against the Department for Transport, Sworders auction house sue Conservative peer Patricia Rawlings, and Nokia hit with a patents claim by Hisense. Here, Law360 looks at these and other new claims in the U.K.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

A new report showed a dip in the average size of corporate legal teams over the last year, and an attorney focused on special purpose acquisition companies is predicting the Trump administration's friendly stance on cryptocurrency will spawn a wave of new cryptocurrency-related ventures going public in the coming months. These are some of the stories in corporate legal news you may have missed in the past week.

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Law360's Legal Lions Of The Week

By Kevin Penton and Andrea Keckley

WilmerHale leads this week's edition of Law360 Legal Lions, after the Federal Circuit vacated a $300 million patent infringement jury verdict against Apple, based on instructions by a Texas federal judge that the appellate court panel determined to be erroneous.

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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