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Consumer Protection
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October 23, 2025
NextGen Customers Seek Initial OK Of $19M Data Hack Deal
A Georgia federal judge was asked Wednesday to grant preliminary approval of a settlement that would end a proposed class action against NextGen Healthcare over a 2023 data hack that allegedly affected more than 1 million people.
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October 23, 2025
Lending App EarnIn Users Must Arbitrate NC Class Claims
Users of payday loan app EarnIn must arbitrate claims that the company's cash advance product violates North Carolina's consumer protection laws, a federal judge ruled, finding that the users clearly agreed to arbitration when they signed up for the app.
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October 23, 2025
Ga. Civil Engineering Co. Hit With Data Breach Class Action
A Georgia civil engineering firm was hit with a proposed class action over a 2024 data breach, as a former employee sharply criticized the company for taking weeks to resolve the hack and over nine months to report it.
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October 23, 2025
Paychex Beats Privacy Suit Over 2024 Data Breach, For Now
Paychex defeated, for now, a suit filed by a woman who alleged it allowed hackers to access her bank accounts by failing to keep her personal information safe from a data breach, after a Pennsylvania federal judge said Wednesday her complaint "stops short of saying how" Paychex's conduct led to her injury.
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October 23, 2025
FCC's Carr Sees Ongoing Consumer Harm From Shutdown
The head of the Federal Communications Commission warned Thursday that new device and license applications are "just sitting there," creating an FCC backlog, and that other day-to-day but important work remains on hold during the government shutdown.
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October 23, 2025
Neb. Republican Says Fiber Critical To Broadband Effort
A Republican U.S. senator said Thursday she's concerned that rural areas will not receive enough funding for fiber-optic connectivity in the latest round of the government's multibillion-dollar effort to build out broadband to underserved areas.
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October 23, 2025
4th Circ. Pushed To Retain Block On Chemours PFAS Dumping
A pair of environmental groups is urging the Fourth Circuit to leave in place an injunction blocking The Chemours Co. FC LLC from continuing to discharge so-called forever chemicals into the Ohio River, saying the company is using strawman arguments to get its way.
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October 23, 2025
Telehealth Ketamine Provider Hit With Wrongful Death Suit
Online ketamine therapy provider Mindbloom was hit with a wrongful death suit in North Carolina state court by the father of a 27-year-old man who says his medical history should have disqualified him from receiving the allegedly dangerous anesthetic.
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October 23, 2025
Tech Org. Calls Next-Gen TV Tuner Mandate Bad Idea
As the Federal Communications Commission solicits opinions on how to usher the industry into the next generation of television broadcasting, a consumer technology trade group is reiterating its argument that the agency should not rush the process and let companies do what they will.
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October 23, 2025
Eli Lilly Says Pharmacy Mass-Producing Weight Loss Drug
Drugmaker Eli Lilly is suing a compounding pharmacy in Texas federal court, alleging the pharmacy ripped off its lucrative weight loss drug, began mass-producing it, and made as much as $2 million per month last year from its misdeeds.
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October 23, 2025
Pet Food Container Maker Sued Over Design After Kitten Dies
A Pennsylvania woman whose 3-lb. kitten got trapped inside an airtight Iris USA brand pet food container and suffocated to death filed a putative negligence class action in federal court Wednesday, accusing the company of failing to warn pet owners of the risks of pet suffocation associated with the container's design.
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October 23, 2025
Senate Clears Bill For FCC List Of Foreign Authorizations
The U.S. Senate Thursday passed a bill requiring the Federal Communications Commission to publish a list of companies with ties to certain foreign countries that hold FCC authorizations.
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October 23, 2025
Shipbuilder Can't Ax Md. Bridge Collapse Suit, Court Told
The Singaporean owner and manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge and triggered its collapse maintained that South Korean shipbuilder HD Hyundai Heavy Industries Co. Ltd. should be held accountable in Pennsylvania federal court for designing and building a "fatally flawed" ship.
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October 23, 2025
Feds, Ex-Magellan CEO Still Split Over Sentencing Factors
Lawyers for a former Magellan Diagnostics CEO and the government are still at odds over whether a judge should consider the product mislabeling charge she pled guilty to in March to be tantamount to fraud — an assertion the defense says is an attempt by prosecutors to "shoehorn" in allegations never put to proof.
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October 23, 2025
Yelp's Tying Claim Against Google Can Move Ahead
A California federal court has refused to trim Yelp's claim that Google ties its general search results to its local search listings in a case accusing Google of monopolizing the local search market, after finding the latest version of the claim fixed the problems previously identified.
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October 23, 2025
Buyers Sue Colgate Over Lead Found In Kids' Toothpaste
A proposed class of buyers is suing Colgate-Palmolive Co. in California federal court, alleging that it sold children's toothpaste that contains substantial amounts of lead without warning consumers.
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October 22, 2025
Novo Nordisk Paid Patient Benefits, Not Bribes, Jury Hears
Novo Nordisk Inc. paid benefits to patients with a rare form of hemophilia and not bribes as a group of plaintiffs in an alleged kickback scheme have claimed, a Washington jury was told Wednesday during emotional testimony on the third day of a multiweek trial.
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October 22, 2025
Meta Beats False Ad Suit Over Bricked Devices, For Now
A California federal judge indicated Wednesday that he'll toss a proposed class action alleging Meta deceptively sold Portal video-calling devices that it later "bricked" by dropping software support, but he allowed the buyers to amend their claims, saying Meta's decision to strip the devices of functionality "seems wrong."
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October 22, 2025
PragerU Beats Privacy Suit Over Video Data Sharing, For Now
A California federal judge has tossed a putative class action accusing conservative media group PragerU of illegally sharing information about website visitors' video-viewing activities with Meta, finding that the plaintiffs focused only on the "general capabilities" of the tracking technology being deployed rather than on how it was being used to divulge their own personal information.
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October 22, 2025
Trump Admin Battles DC Circ. Rehearing Bid In CFPB Case
The Trump administration has urged the full D.C. Circuit to keep in place a split panel's ruling that would allow mass layoffs at the Consumer Financial Protection Bureau, dismissing a union-led bid for full-court review as one that's built on a misguided "straw man" attack.
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October 22, 2025
Fintechs, Banks Clash Over Open Banking Rule Revisions
Trade groups representing banks and fintechs clashed in comment letters over the Consumer Financial Protection Bureau's plans to revise its data-sharing mandate, as banks urged the agency to scrap much of the earlier rule for favoring fintechs, while the tech upstarts argued many of the provisions remain necessary to bust banks' allegedly anticompetitive behavior.
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October 22, 2025
Experian Can't Slash CFPB Suit Over Tolling Deal 'Mistake'
A California federal judge on Wednesday refused to toss part of a Consumer Financial Protection Bureau suit against Experian's U.S. operating subsidiary, saying the credit bureau's statute-of-limitations defense "defies logic" to suggest Experian Information Solutions wasn't bound by a tolling deal its own lawyers helped negotiate.
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October 22, 2025
Monsanto's Roundup Blamed For Husband's Fatal Cancer
A widow alleged in a wrongful death suit against agro-chemical giant Monsanto that her late husband developed terminal cancer after he was exposed to glyphosate in the company's Roundup herbicide, telling a Washington federal court Monsanto had known for decades of the risk.
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October 22, 2025
State AGs Push Back In First Amendment Subpoena Fight
A coalition of state attorneys general is urging the U.S. Supreme Court to safeguard their fundamental investigative authority, warning in an amicus brief filed Tuesday that a New Jersey anti-abortion center's challenge could allow subpoenaed entities to routinely bypass state courts and tie up enforcement actions in federal litigation.
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October 22, 2025
Banks Want Ill. Fee Law Block Extended To Card Networks
Banking industry groups urged an Illinois federal judge Wednesday to permanently block an Illinois law that bans swipe fees on tax and tip portions of payment card transactions, arguing she has already correctly held that national banks are federally preempted from its reach, and that the court should extend that relief to card networks and others involved in the payment process.
Expert Analysis
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Despite Fraud Focus, SEC Still Targeting Technical Violations
The U.S. Securities and Exchange Commission under Chairman Paul Atkins has emphasized its back-to-basics strategy, focusing on identifying and combating fraud and manipulation, but at the same time, it has continued to pursue nonfraud-based actions targeting technical rule violations, a trend that will likely continue, say attorneys at Morgan Lewis.
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New Calif. Chatbot Bill May Make AI Assistants Into Liabilities
While a pending California bill aims to regulate emotionally engaging chatbots that target children, its definition of "companion chatbot" may cover more ground — potentially capturing virtual assistants used for customer service or tech support, and creating serious legal exposure for businesses, say attorneys at Crowell & Moring.
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Series
NY Banking Brief: All The Notable Legal Updates In Q3
Of note in the third quarter of the year, New York state regulators moved forward on their agendas to limit abuse of electronic banking, including via a settlement with stablecoin issuer Paxos and a lawsuit against Zelle alleging insufficient security measures, says Chris Bonner at Barclay Damon.
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Series
Judging Figure Skating Makes Me A Better Lawyer
Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q3
The third quarter of 2025 brought legislative changes to state money transmission certification requirements and securities law obligations, as well as high-profile accounting and anti-money laundering compliance enforcement actions by the Department of Financial Protection and Innovation, say attorneys at Ropes & Gray.
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Female Athletes' NIL Deal Challenge Could Be Game Changer
A challenge by eight female athletes to the NCAA’s $2.8 billion name, image and likeness settlement shows that women in sports are still fighting for their share — not just of money, but of respect, resources and representation, says Madilynne Lee at Anderson Kill.
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What Ethics Rules Say On Atty Discipline For Online Speech
Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.
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4 Steps To Designing Effective Survey Samples For Trial
The Federal Trade Commission's recent move to exclude a defense expert's survey in FTC v. Amazon on the basis of flaws in the survey sample design highlights that ensuring survey evidence inclusion at trial requires following a road map for effective survey sample design, say consultants at Compass Lexecon.
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Junior Attys Must Beware Of 5 Common Legal Brief Mistakes
Excerpt from Practical Guidance
Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.
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Opinion
State AGs, Not Local Officials, Should Lead Public Litigation
Local governments’ public nuisance lawsuits can raise constitutional and jurisdictional challenges, reinforcing the principle that state attorneys general — not municipalities — are best positioned to litigate on behalf of citizens when it is warranted, says former Utah Attorney General John Swallow.
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Assessing Legal, Regulatory Hurdles Of Healthcare Offshoring
The offshoring of administrative, nonclinical functions has emerged as an increasingly attractive option for healthcare companies seeking to reduce costs, but this presents challenges in navigating the web of state restrictions on the access or storage of patient data outside the U.S., say attorneys at McDermott.
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As Student Loan Outlook Dims, What Happens To The Banks?
While much of the news around the student loan crisis focuses on the direct impact on young Americans' decreasing credit scores, the fate of the banks themselves — and the effect on banking policy — has been largely left out of the narrative, says Madeline Thieschafer at Fredrikson & Byron.
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Demystifying Generative AI For The Modern Juror
In cases alleging that the training of artificial intelligence tools violated copyright laws, successful outcomes may hinge in part on the litigator's ability to clearly present AI concepts through a persuasive narrative that connects with ordinary jurors, say Liz Babbitt at IMS Legal Strategies and Devon Madon at GlobalLogic.
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Digital Asset Report Opens Doors For Banks, But Risks Linger
A recent report from a White House working group discussing digital asset market structure signals how banks may elect to expand into digital asset custody, trading and related services in the years ahead, but the road remains layered with challenges, say attorneys at Foley & Lardner.
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3rd Circ. Clarifies Ch. 11 3rd-Party Liability Scope Post-Purdue
A recent Third Circuit decision that tort claims against the purchaser of a debtor's business belong to the debtor's bankruptcy estate reinvigorates the use of Chapter 11 for the resolution of nondebtor liability in mass tort bankruptcies following last year's U.S. Supreme Court ruling in Purdue Pharma, say attorneys at Sullivan & Cromwell.