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Consumer Protection

October 29, 2026
Utah Hits Kalshi With Criminal Charges Over Sports Offerings

The state of Utah has brought criminal charges in state court against Kalshi and its co-founders under its anti-gambling laws, amid an ongoing jurisdictional battle over whether federal law preempts state and tribal regulation of the prediction market platform's sports event contracts.
October 29, 2026
FCC Agrees To Rules Targeting Some Foreign Test Labs

The Federal Communications Commission voted Thursday to block recognition of equipment testing labs in countries that do not similarly recognize U.S.-based labs.
October 29, 2026
House Bill Would Increase Oversight Of Antitrust Settlements

Rep. Jamie Raskin, D-Md., introduced proposed legislation Thursday that would increase court scrutiny of antitrust settlements reached by federal enforcers, with the lawmaker saying more oversight is needed after the White House's involvement in recent cases.
October 29, 2026
Tech Prices, Driver Networks Hang Over DoorDash Tie-Up

Antitrust observers told Law360 Thursday they expect significant scrutiny of DoorDash's plan to acquire Instacart for an equity value of approximately $17 billion, pointing to the overlap between their restaurant and grocery delivery services, and the timing of the deal just as the Federal Trade Commission launches a surveillance pricing investigation.
October 29, 2026
Block Investors Nab Cert. In Biz Growth, Compliance Suit

A California federal judge has certified a narrowed class of investors in Block Inc., the parent company of Square and Cash App, in a suit alleging the company failed to maintain a "strong compliance infrastructure" and misled investors about the growth of Cash App, leading to an 84% stock price decline once the truth came to light.
October 29, 2026
Parents Say Roblox, Discord Can't Compel Arbitration

Federal law bars Roblox and Discord from compelling sexual assault plaintiffs to arbitrate their claims that the companies enabled adult predators to use their platforms to groom and abuse children, parents have told the California federal court overseeing their suits.
October 29, 2026
Pa. Can Enforce E-Cigarette Law Amid Vape Cos. Appeal

There will be no pause on a Pennsylvania law that makes it illegal to sell most vape products, a federal judge said, rejecting a vape industry bid seeking a brief reprieve while an appeal seeking to upend the statute heads to the Third Circuit.
October 29, 2026
Schools Can Appeal Forum Ruling In 'Early Decision' Case

A group of 21 elite universities, including Columbia, Duke and Penn, won permission to appeal a ruling that a Massachusetts federal court has personal jurisdiction over them in a lawsuit claiming they conspired to use the "early decision" admissions process to raise tuition.
October 29, 2026
FCC Floats $4.4M Fine For Boomerang's Alleged Lifeline Fraud

The Federal Communications Commission proposed a $4.4 million fine against Boomerang Wireless for allegedly defrauding the Lifeline program, which gives discounts on phone and internet services to qualifying low-income Americans.
October 29, 2026
FCC Seeks To Rev Up Satellite Device Coverage

The Federal Communications Commission advanced new rules Thursday that could open 25 megahertz of midband spectrum for new uses, including not only terrestrial wireless but potentially also direct-to-device coverage from satellites.
October 29, 2026
FTC, States Allege Toast Trapped Restaurants With Fees

The Federal Trade Commission and eight states sued Toast Inc. on Thursday, accusing the restaurant software company of saddling restaurants with hidden fees, failing to provide promised customer support and making it difficult to cancel its services.
October 29, 2026
Barnes & Thornburg Adds DC, NY Product Liability Partners

Barnes & Thornburg LLP announced Thursday it has hired two litigation partners who will work with product liability and mass torts matters in New York and Washington, D.C.
October 29, 2026
1st. Circ. Seeks Mass. Justices' Input On USAA Rate Row

The First Circuit asked Massachusetts' highest court to weigh in on a suit by service members alleging USAA improperly considered their military pay grade when issuing auto insurance policies, finding the dispute implicates questions of state law.
October 29, 2026
CFPB Faces 2nd Suit Over Bid To 'Erase' Fair Lending Rules

One of the nation's oldest civil rights groups Thursday sued to overturn the Consumer Financial Protection Bureau's recent rollback of longstanding federal protections against lending discrimination, widening the ongoing legal battle against the controversial rule change.
October 29, 2026
9th Circ. Ruling Dooms Sports Betting Suit, Washington Says

Prediction market operator Underdog's contention that its sports-based event contracts are not subject to Washington state gambling laws is doomed under a recent Ninth Circuit ruling holding otherwise, the Evergreen State told a Washington federal judge.
October 29, 2026
Homebuyers Defend Third Zillow Suit Over Loan Kickbacks

A group of homebuyers urged a Washington federal judge to uphold a third amended complaint alleging Zillow paid kickbacks to brokers who steered homebuyers to use the company's mortgage services, driving up the cost of home loans and purchases overall.
October 29, 2026
States Say GM Will Pay $220M To Settle Driver Privacy Claims

Attorneys general said Thursday that General Motors will pay $220 million to three dozen states to settle claims that it illegally sold nearly 10.3 million drivers' behavior data and location information to third parties, including data brokers that passed it on to insurers.
October 29, 2026
5th Circ. Will Review Texas Content-Filtering Law Ruling

The Fifth Circuit has granted Texas' request for an en banc rehearing of a July panel opinion that partly upheld a block on the state's new law requiring companies to filter content for underage users.
October 28, 2026
RNC Files New Suit Over FCC's Campaign Ad Rates

The Republican National Committee, Republican Party of Texas and several Republican candidates Wednesday filed a fresh suit over the Federal Communications Commission's longtime requirement that broadcasters charge the lowest political ad rates for committees tied to candidates, calling it "a drag on First Amendment freedoms."
October 28, 2026
CFTC's Selig Vows 'Grounded' Oversight Of Agentic Finance

U.S. Commodity Futures Trading Commission Chairman Michael Selig said Wednesday that his agency plans to take a "grounded" approach to agentic finance that's also mindful of the risks it poses and courted industry feedback on how to address the rise of artificial intelligence in derivative markets.
October 28, 2026
Landlord's Suit Over Seattle Tenant Laws Revived On Appeal

A Washington Court of Appeals panel has reinstated a real estate company's challenge to a string of Seattle landlord-tenant laws, finding the firm has adequately detailed how the contested ordinances stunted its property rights as the owner of a downtown affordable housing development.
October 28, 2026
Product Liability's Regulatory & Legislative Recap So Far

Over the summer and early fall, lawmakers proposed measures aimed at putting safeguards around the rapidly growing industry of artificial intelligence, as public concerns over its safety climb in tandem. The new nominee to head the U.S. Food and Drug Administration also faced sharp queries over her views on vaccines and birth control.
October 28, 2026
PayPal's Financial Offerings Are Under Fresh FTC Scrutiny

PayPal has disclosed that it is facing a Federal Trade Commission investigation into its financial products and services, including marketing, fees and purchase protections.
October 28, 2026
CFPB Audit Flags Cybersecurity Gaps Amid Staff Departures

The Consumer Financial Protection Bureau has failed to promptly fix serious cyber weaknesses and consistently track data in its possession as staffing losses have hampered the agency's ability to safeguard its systems, according to a federal watchdog audit released Wednesday.
October 28, 2026
Patients Seek OK Of Connecticut Rehab Data Breach Deal

Patients accusing a Connecticut medical rehab network of waiting almost a year to disclose a cyberattack have asked a state court judge to preliminarily bless a deal that would provide about 61,000 people up to $2,500 in cash, plus $1 million in identity theft insurance.

Editor's Picks

Fed. Circ. Panel Backs Invalidation Of OxyContin Patent

The Federal Circuit on Monday upheld a Delaware federal court's decision that deemed invalid a Purdue Pharma patent covering an abuse-deterrent version of the opioid OxyContin, rebuffing the company's arguments that the lower court got its obviousness analysis wrong.
Fed. Circ. Questions Specificity Needed In Oxy IP Invalidation

A Federal Circuit panel expressed frustration with attorneys from both Purdue Pharma LP and generic-drug maker Accord Healthcare Inc. Wednesday as it tried to navigate whether the Delaware district court order invalidating Purdue's abuse-deterrence patent was explicit enough.

Expert Analysis

Compete Act Reinforces Calif.'s Antitrust Leadership Role

California's recent passage of the Compete Act, which expands the state's principal antitrust statute's focus on concerted multifirm conduct to business dealings between two or more firms, underscores California's leadership in state antitrust enforcement as attorneys general move to fill perceived gaps left by reduced federal oversight, say attorneys at Skadden.
Parsing The Lowest SEC Enforcement Stats In Over A Decade

Statistics show that the U.S. Securities and Exchange Commission brought a historically low number of enforcement actions during Paul Atkins' first full fiscal year as chairman, delivering on his promise to reduce enforcement in program areas focused on recordkeeping and other technical violations, say attorneys at Covington.
How To ID And Respond To 5 Types Of Misleading Witnesses

Witnesses can mislead fact-finders using a variety of tactics — from strategic amnesia to manufactured ignorance — but lawyers can learn how to identify and expose this testimony to come out on top, says Allison Rocker at Baker McKenzie.
Midterm Elections Outlook For Financial Services

A change in congressional control after the upcoming midterm elections could bring about slower regulatory approvals, intensified oversight and shifting enforcement priorities for the financial services industry, say attorneys at Covington.
New Manhattan DA Task Force Puts Antitrust In Its Crosshairs

The Manhattan District Attorney's Office's new corporate crime and antitrust task force is adding local criminal enforcement to a field long led by federal authorities, meaning companies need to account for potential parallel federal and state antitrust investigations when responding to misconduct, say attorneys at Ropes & Gray.
Right-To-Repair Laws Create Manufacturer Compliance Maze

Without existing precedent to help interpret new right-to-repair laws, original equipment manufacturers must make careful judgments about how best to comply with conflicting state statutes — but several principles related to documentation, replacement products and more emerge from the patchwork, say attorneys at Faegre Drinker.
3 Strategies To Reduce AI Sycophancy In Legal Work

The tendency of generative artificial intelligence models to tell users what they want to hear can reinforce attorneys’ confirmation bias when testing the strength of arguments, and it can’t simply be prompted away — but a few practices can help mitigate it, says Michael Ott at Ice Miller.
AI Risks May Recalibrate 'Reasonable Security' Standards

A definitive answer to what constitutes reasonable vulnerability management in the age of artificial intelligence is still emerging, but the answer is likely less a reset of the standard than a recalibration of how organizations meet it, say Scott Loughlin at Hogan Lovells and Mike Priest at Globe Life.
DOJ Directive Gives Contractors A Fraud Risk Road Map

For government contractors, the 10 factors described in the U.S. Department of Justice's recent corporate fraud enforcement directive function as a de facto scoring rubric for internal audits that mirrors what prosecutors will prioritize, say attorneys at Spencer Fane.
Key Risk Assessment Gaps To Note From NY Cyber Guidance

Covered entities should take a fresh look at the compliance gaps flagged in recent New York State Department of Financial Services guidance on "deficient cybersecurity programs," particularly around scope, asset inventories and documentation, say attorneys at Mayer Brown.
FTC's Changing Model Raises Questions About Its Mission

Federal Trade Commission leaders have recently sketched a vision of an agency that continues an enforcement role distinct from the U.S. Department of Justice's, even as a shift toward greater presidential control makes enforcement more responsive to changes in administrations, say attorneys at Wiley.
2nd Circ. EFAA Ruling Shifts Employer Litigation Strategy

In Diaz-Roa v. Hermes Law, the Second Circuit recently held that, under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, employers can't carve out nonharassment claims and send them to arbitration, which has implications for discovery, litigation costs and resolution strategy in EFAA-covered disputes, say attorneys at Krevolin Horst.
How Bank Lobby's Suit Tests OCC's Crypto Charter Powers

The Independent Community Bankers of America’s recent lawsuit challenging the Office of the Comptroller of the Currency’s ability to charter cryptocurrency companies marks another chapter in the struggle over the appropriate regulatory framework for digital assets, while raising a classic administrative law question at its most basic level, say attorneys at Ballard Spahr.
New Calif. Law Ties Finance Contracts To State Licensing

Under a California law taking effect in 2028, commercial financing licensing requirements have been substantially expanded — meaning that fintechs relying on limited regulatory enforcement will face risk from their own borrowers, who could use licensing failures to resist repayment, say attorneys at Husch Blackwell.
Frozen Potato Ruling Highlights Data-Sharing Antitrust Risk

A recent Illinois federal court decision allowing key claims against frozen potato producer competitors to proceed illustrates the vulnerability of highly concentrated industries to antitrust exposure through aggregated data sharing, say attorneys at Foley & Lardner.