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Consumer Protection
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October 31, 2025
RealPage, Landlords Flag 'Fatal Deficiencies' In Antitrust Suit
Property management software company RealPage Inc. and multiple landlords are urging a New Jersey federal court to toss the state's rent price-fixing suit, arguing that the suit contains "fatal deficiencies" and that the state is relying on circumstantial evidence in its attempt to show that the defendants made anticompetitive agreements.
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October 30, 2025
Snowflake, Clients Can't Escape MDL Over Cloud Data Breach
Cloud storage provider Snowflake, along with its clients Ticketmaster and LendingTree, will continue to face sprawling multidistrict litigation over a data breach that hit Snowflake last year, after a Montana federal judge refused several bids to ax or force arbitration of negligence and other claims brought by a wide range of consumers who were impacted by the incident.
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October 30, 2025
Sling TV Settles Privacy Claims From Calif. Streaming Sweep
Sling TV has agreed to pay $530,000 to settle California's allegations that the streaming television service made it hard for consumers to stop the sale of their personal information and failed to provide sufficient privacy protections for children, California's attorney general announced Thursday.
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October 30, 2025
Lufthansa Must Face Same-Sex 'Outing' Suit, 9th Circ. Says
Deutsche Lufthansa AG cannot ground a same-sex couple's lawsuit accusing the German airline of outing their marriage to the Saudi Arabian government, a split Ninth Circuit panel ruled Thursday, saying there are enough strings tying the case to California to meet jurisdiction requirements.
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October 30, 2025
Philly Accuses PBMs Of Knowingly Enabling Opioid Crisis
Philadelphia on Thursday sued CVS Caremark, Express Scripts and Optum, accusing the pharmacy benefit managers of contributing to the city's opioid epidemic via deceptive marketing and conspiring with drugmakers to increase the sale of OxyContin and other prescription opioids.
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October 30, 2025
Apple, Google Fight Bids To Depose CEOs In Antitrust Suit
Google LLC and nonparty Apple Inc. have fired back in California federal court on a proposed class of consumers' effort to depose Apple CEO Tim Cook and Google CEO Sundar Pichai in their antitrust case alleging Google suppressed rival search engines with anticompetitive deals.
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October 30, 2025
BetterHelp Wins Defense Costs From Insurer For Privacy Case
A California federal judge said a CNA Financial Corp. insurance unit must pay for BetterHelp's legal defense costs in underlying consumer litigation claiming the online therapy provider unlawfully disclosed private health information without consent, saying the timing of the alleged Electronic Communications Privacy Act violation triggered the duty to defend.
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October 30, 2025
Small Biz Groups Seek Quick Win In CFPB Lending Data Fight
A coalition of consumer-aligned advocacy groups is seeking summary judgment in Washington, D.C., federal court in their suit aiming to compel the Consumer Financial Protection Bureau to implement a 15-year-old Congressional mandate to collect lending data for women- and minority-owned small businesses.
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October 30, 2025
Judge Says FCA Qui Tam Provisions Don't Violate Constitution
A Wisconsin federal judge has rejected Wisconsin Bell's attempt to shutter a whistleblower's claims it overcharged schools and libraries for connectivity services provided under the federal E-Rate program by arguing the False Claims Act's qui tam provisions are unconstitutional.
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October 30, 2025
Garden Supply Co. Faces Suit Claiming PFAS In Products
A gardening supply company was hit on Wednesday with a proposed class action in California federal court alleging that it falsely advertises its soil and fertilizer products as organic even though they contain synthetic and dangerous "forever chemicals."
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October 30, 2025
FCC Dem Concerned About Broadband 'Bridge To Nowhere'
The Federal Communications Commission's lone Democrat said Thursday she's worried the government will end up building a "bridge to nowhere" by leaning too heavily on broadband deployment projects at the expense of connectivity aid.
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October 30, 2025
Florida Tribe Sues PFAS Makers Over Health Risks, Cleanup
A Florida tribe has brought a civil action in South Carolina federal court against several makers of per- and polyfluoroalkyl substances, or PFAS, alleging their land is contaminated by products containing the so-called forever chemicals.
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October 30, 2025
State AGs Target 'Anticompetitive Recycling Practices'
The attorneys general of Florida and several other states have said they're concerned that environmental groups are coordinating with large corporations to implement "anticompetitive recycling practices" that could violate state or federal antitrust law.
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October 30, 2025
NASCAR Driver Says Life Insurer Pitched Him 'Financial Trap'
NASCAR driver Kyle Busch and his wife said they lost $8.5 million after they were allegedly bamboozled by Pacific Life Insurance Co. and an insurance producer to invest in complex life insurance policies as a form of tax-free retirement income, according to a North Carolina state court complaint.
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October 30, 2025
Nicaraguan Businessman Sues Citi Over $270K Account Freeze
A Nicaraguan businessman has sued Citibank in Florida federal court, alleging the bank froze and closed his accounts holding more than $270,000 without explanation and has failed to return the money to him.
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October 30, 2025
Google Tells Justices Epic Order Makes Court Central Planner
Google has urged the U.S. Supreme Court to review a case being brought by Epic Games over Google's Play Store policies, telling the justices a sweeping injunction issued in the case defies precedent by turning a court in California into a "central planner" for Android mobile devices.
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October 30, 2025
2nd Ex-Magellan Exec Avoids Jail Over Faulty Lead Tests
A second former Magellan Diagnostics executive ducked prison time Thursday for his role in an alleged scheme to hide a defect in the company's lead-testing devices ahead of its sale in 2016.
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October 30, 2025
Meta Says CFPB Has Dropped Biden-Era Advertising Probe
Meta Platforms Inc. said Thursday that the Consumer Financial Protection Bureau has closed an investigation into its finance-related advertising practices, a disclosure that comes a year after the agency signaled it was considering a possible enforcement action.
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October 30, 2025
SpaceX's China Ties Require Scrutiny, FCC Told
SpaceX's plan to buy $17 billion in spectrum shouldn't be approved until the FCC looks into Elon Musk's "deep reliance" on the Chinese Communist Party for financing his space exploration company's operations and manufacturing its equipment, a consumer group says.
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October 30, 2025
NC Judge Won't Order CEO's Arrest In Pool Company Dispute
A North Carolina federal judge refused to further sanction a Chinese manufacturer on Wednesday after an American rival accused it of sidestepping court orders that seek information in fulfillment of a judgment exceeding $17 million.
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October 30, 2025
Generic-Drug Firms Want To Fast-Track Conn. Price Cap Fight
An industry group for generic and biosimilar pharmaceutical companies has asked a Connecticut federal judge to fast-track its lawsuit seeking to block the state's new drug price cap, claiming it will suffer "imminent harm" if the case is delayed.
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October 30, 2025
Ex-Amazon Coder Again Avoids Prison For Capital One Hack
A former Amazon coder who exposed personal information belonging to nearly 100 million people amid a data breach targeting Capital One in 2019 was resentenced Wednesday in Washington federal court to time served, plus two years of supervised release and community service and ordered to pay nearly $41 million in restitution.
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October 30, 2025
AT&T Sues Watchdog Over Luke Wilson Ad Cease And Desist
AT&T Mobility sued a division of the Better Business Bureau in Texas federal court on Thursday in response to a cease and desist letter sent by the consumer organization demanding AT&T pull its new ad campaign featuring actor Luke Wilson that targets wireless carrier T-Mobile's marketing.
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October 30, 2025
Bob Mackie Claims JCPenney's Apparel Rips Off His Name
Celebrity fashion designer Robert Mackie hit JCPenney with a lawsuit in New York federal court Wednesday, alleging the retailer recently launched its "Mackie: Bob Mackie" clothing collection without his permission and claiming the licensing deal may have been illegitimately cut by his former general counsel who he cut ties with.
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October 30, 2025
NYSDFS Superintendent Returns To Sullivan & Cromwell
Sullivan & Cromwell LLP announced Thursday that the former superintendent of the New York State Department of Financial Services is returning to the firm where she began her legal career.
Expert Analysis
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Genius Act Poses Strategic Hurdles For Community Banks
The pace of change in digital asset policy, including the recent arrival of the Genius Act, suggests that strategic planning should be a near-term priority for community banks, with careful attention to customer relationships, regulatory developments and the local communities they serve, say attorneys at Jones Walker.
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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Considerations For Cos. Amid Wave Of CFPB Vacatur Bids
As some entities look to vacate prior voluntary agreements with the Consumer Financial Protection Bureau, there are several considerations companies should take into account before seeking to vacate their settlements in the current legal and regulatory environment, says Jasmine Jean-Louis at Goodwin.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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FTC Actions Highlight New Noncompete Enforcement Strategy
Several recent noncompete-related actions from the Federal Trade Commission — including its recent dismissal of cases appealing the vacatur of a Biden-era noncompete ban — reflect the commission's shift toward case-by-case enforcement, while confirming that the agency intends to remain active in policing such agreements, say attorneys at Debevoise.
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Senate Bill Could Overhaul Digital Asset Market Structure
The Senate Banking Committee's draft Responsible Financial Innovation Act would not only clarify the roles and responsibilities of financial institutions engaging in digital asset activities but also impose new compliance regimes, reporting requirements and risk management protocols, say attorneys at Troutman.
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Stablecoin Committee Promotes Uniformity But May Fall Short
While the Genius Act's establishment of the Stablecoin Certification Review Committee will provide private stablecoin issuers with more consistent standards, fragmentation remains due to the disparate regulatory approaches taken by different states, say attorneys at Morgan Lewis.
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Avoiding Unforced Evidentiary Errors At Trial
To avoid self-inflicted missteps at trial, lawyers must plan their evidentiary strategy as early as their claims and defenses, with an eye toward some of the more common pitfalls, says Nate Sabri at Perkins Coie.
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FTC's Reseller Suit Highlights Larger Ticket Platform Issues
Taken together, the recent Federal Trade Commission lawsuit and Ticketmaster's recent antitrust woes demonstrate that federal enforcers are testing the resilience of antitrust and consumer-protection frameworks in an evolving, tech-driven marketplace, says Thomas Stratmann at George Mason University.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Sweeping US Tax And Spending Bill May Bolster PE Returns
The One Big Beautiful Bill Act stands to benefit private equity sponsors and their investors as it alters existing law, including at the portfolio company level, making it crucial to reevaluate historic tax planning and optimize for the new tax regime, say attorneys at Paul Hastings.
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Parsing Trump Admin's First 6 Months Of SEC Enforcement
The U.S. Securities and Exchange Commission's enforcement results for the first six months of the Trump administration show substantially fewer new enforcement actions compared to the same period under the previous administration, but indicate a clear focus on traditional fraud schemes affecting retail investors, say attorneys at King & Spalding.
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HSR Compliance Remains A Priority From Biden To Trump
Several new enforcement actions from the Federal Trade Commission and the U.S. Department of Justice illustrate that rigorous attention to Hart-Scott-Rodino Act compliance has become a critical component of the U.S. merger review process, even amid the political transition from the Biden to Trump administrations, say attorneys at Baker McKenzie.
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The Consequences Of OCC's Pivot On Disparate Impact
The Office of the Comptroller of the Currency's recent move to stop scrutinizing facially neutral lending policies that disproportionately affect a protected group reflects the administration's ongoing shift in assessing discrimination, though this change may not be enough to dissuade claims by states or private plaintiffs, says Travis Nelson at Polsinelli.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.