Consumer Protection

  • October 05, 2026

    5th Circ. Backs Surgical Stapler Death Suit Dismissal

    The Fifth Circuit on Friday upheld a lower court's decision to dismiss a suit against Johnson & Johnson and its medical device subsidiary Ethicon Endo-Surgery Inc. over a surgical stapler implicated in a man's death for failing to provide notice before filing suit.

  • October 05, 2026

    OKX Files For Tokenized Stock Trading Under SEC Exemption

    OKX has notified the U.S. Securities and Exchange Commission of its plans to offer tokenized stock trading, becoming one of the first crypto exchanges to take advantage of the agency's closely watched innovation exemption.

  • October 05, 2026

    Youths Lose Bid To Stay Repeal Of Climate Finding

    A D.C. Circuit panel on Monday denied youth plaintiffs' request to stay the U.S. Environmental Protection Agency's repeal of a landmark finding that greenhouse gas pollution endangers people's health while they pursue a legal challenge.

  • October 05, 2026

    US Pushes For Reelection Of Int'l Radio Board Chief

    U.S. telecom regulators are urging their foreign counterparts to reelect the leader of a key global treaty-making body and have nominated another U.S. candidate for a top post in the organization ahead of a meeting next month in Qatar.

  • October 05, 2026

    'Encouraging' Signs By 10th Circ. In Opt-Out Suit, Banks Say

    Banking industry stakeholders and their counsel spoke candidly Monday about their pending challenge before the Tenth Circuit to a Colorado law intended to curb high-cost lending in the state, saying the law instead harms consumers and that the en banc court seemed inclined to side with the banking groups.

  • October 05, 2026

    Justices Won't Block Paramount's $110B WB Deal

    The U.S. Supreme Court on Monday quickly rejected a request by consumers to immediately block Paramount Skydance's $110 billion purchase of Warner Bros. Discovery, which is expected to close Tuesday, while a lower court adjudicates their antitrust claims challenging the merger.

  • October 05, 2026

    FCC Evading Courts With 'Gamesmanship,' DC Circ. Told

    The Federal Communications Commission is pursuing a road map for evading judicial review of major rulings, an advocacy group warned the D.C. Circuit in a case challenging Fox TV's Philadelphia license.

  • October 05, 2026

    State Watchdogs Bristle At Prediction Market Incursion

    A group of state gaming regulators has urged the U.S. Supreme Court to consider reviewing Kalshi's ability to offer sports-related contracts in New Jersey, nodding to recent case law that has cut against the decision that gave rise to the state's petition.

  • October 05, 2026

    High Court Won't Review Medical Tape Antitrust Case

    The U.S. Supreme Court refused Monday to review a case accusing medical supplies group purchasing giant Vizient Inc. of locking in hospital customers, after the lower courts found a medical tape supplier failed to define a market that Vizient allegedly monopolized.

  • October 05, 2026

    9th Circ. Invited To Take A Crack At Feds' Calif. Egg Law Suit

    A California federal judge refused Friday to toss the federal government's challenge to a Golden State law banning the sale of eggs laid by hens raised in "cruel" conditions, but allowed California to file an interlocutory appeal, finding "there is substantial ground for difference of opinion" on the government's standing.

  • October 05, 2026

    Pega's Hidden AI Tool Listens To US Bank Calls, Suit Says

    Software company Pegasystems Inc.'s artificial intelligence-powered "assistant" secretly listens to U.S. Bank's customer service calls, according to a proposed class action brought under various states' wiretapping laws.

  • October 05, 2026

    Expedia Hit With Antitrust Suit Over Hotel Pricing Restrictions

    Expedia broke federal antitrust law by barring listed hotels from selling rooms at lower rates through their own booking channels and using algorithms to punish them for offering reduced prices on competing travel agency websites, consumers claimed in a proposed class action filed in Washington federal court Friday.

  • October 05, 2026

    McDonald's Accused Of Using AI To Hike Menu Prices

    A potential class action filed in Illinois federal court Friday accuses McDonald's of flouting federal and state antitrust laws by using artificial intelligence to coordinate prices among independently owned restaurants, causing customers to overpay and average menu prices to rise by roughly 40% in a five-year period.

  • October 05, 2026

    Starbucks' Protein Drinks Aren't Sugar-Free, Suit Says

    Starbucks customers filed a proposed class action in Washington federal court on Friday, accusing the coffee chain of trying to capitalize on the protein craze last year by launching a line of protein beverages labeled "sugar-free," even though they contain 13 to 21 grams of sugar per venti-size serving.

  • October 05, 2026

    DOJ, Google Want DC Circ. 'Priority' For Search Appeal

    The U.S. Department of Justice and Google jointly asked the D.C. Circuit to prioritize their cross-appeals in the search monopolization case in order to schedule oral arguments as soon as Dec. 9.

  • October 05, 2026

    Eckert Seamans Says Data Breach Harm Is Only Speculative

    Pittsburgh-based law firm Eckert Seamans Cherin & Mellott LLC told a Pennsylvania federal judge on Friday a pair of proposed class actions claiming damages from a data breach at the firm have not made specific complaints of actual harm caused by the breach and should be dismissed.

  • October 05, 2026

    NJ Panel Tosses Geofence Warrant, Upending Robbery Case

    A New Jersey appeals court has ruled that police were incorrectly granted a geofence warrant because their application failed to establish a "nexus" between a string of gas station robberies and a potential suspect's cellphone location data.

  • October 05, 2026

    Justices Skip American Airlines Teen In-Flight Death Suit

    The U.S. Supreme Court on Monday declined to consider a case from the family of a 14-year-old teenager who died of cardiac arrest on board an American Airlines flight, which sought clarity on what's considered an accident under the Montreal Convention.

  • October 05, 2026

    Casinos Lose Bid For 3rd Circ. Redo In Room-Pricing Suit

    Atlantic City casino-hotels could not get the Third Circuit to go back on reviving a proposed class action accusing them of a price-fixing scheme for hotel rooms, according to a court order.

  • October 05, 2026

    Renters Seek Class Cert. For RealPage Antitrust Suit

    A proposed class of renters asked a Tennessee federal court to certify it for its antitrust claims, saying property management software company RealPage Inc. allowed multifamily landlords to use its revenue management products for rent price-fixing.

  • October 05, 2026

    11th Circ. Won't Revive Carnival Cruise Jacuzzi Hatch Fall Suit

    The Eleventh Circuit won't reinstate a cruise passenger's suit against Carnival Corp. alleging she fell down a jacuzzi maintenance hatch while aboard a 2024 cruise, saying she failed to show the cruise line had any constructive notice of the danger.

  • October 05, 2026

    Justices Seek Trump Admin's Views In Escrow-Interest Fight

    The U.S. Supreme Court asked Monday for the Trump administration to weigh in as the justices consider taking up a set of cases challenging whether federally chartered banks are exempt from state laws requiring lenders to pay interest on homeowners' mortgage escrow accounts.

  • October 05, 2026

    High Court Won't Review DirecTV Standing In Nexstar Fee Suit

    The U.S. Supreme Court declined Monday to review whether DirecTV has standing to sue broadcast chain Nexstar for allegedly working with two other station owners to fix retransmission fees for broadcast programs.

  • October 05, 2026

    Justices Decline To Hear Post-Mallory Forum-Shopping Fight

    The U.S. Supreme Court on Monday declined to consider whether state business-registration laws like Pennsylvania's asserting jurisdiction over out-of-state companies for out-of-state conduct alleged by out-of-state plaintiffs are unconstitutional under the dormant commerce clause.

  • October 05, 2026

    Justices Pass On Challenge To New York Diet Pill Law

    The U.S. Supreme Court won't take up a First Amendment challenge to a New York prohibition on the sale of weight-loss and muscle-building supplements to minors.

Expert Analysis

  • Deposit Contracts Do Heavy Lifting As Fraud Moves Upstream

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    As courts increasingly find that upstream parties are best positioned to detect red flags in fraud disputes, most recently in Yangtze v. Ohio Valley Trackwork, companies should tighten treasury and deposit agreement verification protocols, indemnity terms, and insurance coordination to reduce exposure, says Nadine Dorsht at Stinson.

  • 3 Private Suits Test Influencer Ads As FTC Stays On Sidelines

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    Three lawsuits filed so far this year illustrate how influencer campaigns are facing growing scrutiny from private plaintiffs, despite the Federal Trade Commission not bringing an influencer marketing enforcement action since revising its endorsement guides to address the topic in 2023, but brands can take concrete steps to reduce the risks, says Gonzalo Mon at Kelley Drye.

  • Fed Report Underscores Focus On Nonbank, CRE Risks

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    The Federal Reserve Board's latest supervision and regulation report highlights that broad systemic stability will not insulate individual institutions from rigorous supervisory challenges regarding concentrated commercial real estate portfolios and nonbank partnerships, says Daniel Meade at Hogan Lovells.

  • CIPA Tech Tracking Suits Highlight Uncertain Legal Ground

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    Alexandra Samofalova at Spencer Fane discusses the state of California Invasion of Privacy Act website tracking litigation, why credible defendants choose to settle and how the businesses best positioned to face this uncertain legal landscape are the ones treating data practices as a legal compliance matter to address today.

  • AI, Prediction Markets Lead Securities Developments In 2026

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    Securities class actions tied to artificial intelligence and the battle over prediction market regulation both raise novel questions that courts are only beginning to address and that will continue to resonate throughout the second half of the year, say attorneys at Skadden.

  • Key Compliance Insights From Calif.'s Volvo Diesel Deal

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    While the future of California's vehicle emissions standards under the Clean Air Act is uncertain, the state's recent settlement with Volvo over diesel emissions hinges on the truthfulness of manufacturer representations to state regulators, and offers important lessons for companies on compliance and recordkeeping, says Thierry Montoya at FBT Gibbons.

  • Where Is The Line On Actionable Comms In Securities Cases?

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    Recent securities cases demonstrate the difficulty in discerning a clear difference between statements made in connection with the purchase or sale of securities and those that aren't, with that line more likely attributable to individualized factual situations than to any doctrinal differences of opinion between various courts, says Samuel Groner at Fried Frank.

  • House-Passed KIDS Act Spurs Child Data Practices Audit

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    Graham Dean, Brian Roper-Nelson and Will Quick at Brooks Pierce discuss the noteworthy sections of the U.S. House of Representatives' recently passed Kids Internet and Digital Safety Act, the potential revisions as the law moves through the U.S. Senate and the significant business changes that the House law would require.

  • Calif. Recycle Label Order Imperils Product Responsibility Law

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    A California federal court's injunction blocking enforcement of the state's truth-in-recycling law gives companies racing to remove chasing arrows and other recyclability labels from their packaging a reprieve — and the court's action may also hobble implementation of the state's extended producer responsibility law, say attorneys at Davis Wright.

  • FTC Focus: Enforcing Vertically Integrated Operating Systems

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    As digital platforms increasingly pair operating systems with commerce, advertising, content and data, antitrust scrutiny will turn on whether those integrations create private bottlenecks that foreclose rivals through access, ranking, interoperability or defaults, pushing courts and enforcement agencies to adapt traditional utility and merger frameworks more aggressively, say attorneys at Proskauer.

  • A Shift In How Policymakers Are Approaching PBM Regulation

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    Recent federal and state legislative and regulatory activity involving pharmacy benefit managers represent a change in focus from transparency to PBM compensation structures, vertical integration and competitive effects, say attorneys at Barclay Damon.

  • Calif. Wiretap Ruling May Reshape Pixel Tracking Litigation

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    The recent dismissal of a proposed class action accusing Blue Shield of California of violating the federal Wiretap Act highlights the gap between legacy wiretap laws and modern browser architecture, and the tendency of pixel tracking complaints to oversimplify or mischaracterize how browsers work, says Phil Richards at ThreatHandle Consulting.

  • How State Actions Are Reshaping Surveillance Pricing Risk

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    Amid heightened state enforcement activity and expanding legislative action to curb surveillance pricing concerns related to transparency, fairness and discrimination, businesses should closely examine how consumer data is used in pricing decisions, say attorneys at Steptoe.

  • Tips For Issuers Left In Lurch Without Genius Act Final Rules

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    The compliance runway envisioned by the Genius Act is steadily shrinking after regulators failed to finalize all the required implementing regulations by July 18, so stablecoin issuers should begin implementing "no-regrets" compliance measures and securing outside vendors before the law takes full effect in January, says David Zaslowsky at Baker McKenzie.

  • Why Courts Are Pushing Back On Greenwashing Laws

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    Recent Fourth Circuit and California federal court decisions blocking state greenwashing statutes on First Amendment grounds reveal a tension at the heart of environmental marketing regulation — while states want clarity, courts aren't prepared to let legislatures flatly ban categories of truthful commercial speech, say attorneys at DLA Piper.

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