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Consumer Protection
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November 06, 2025
Retailer Can't Force Arbitration Of False Pricing Class Claims
A California federal judge Thursday rejected a bid by women's fashion brand Maggy London to arbitrate a proposed class action accusing it of advertising "phantom" price discounts on products sold on its website, finding that merely providing a link to the arbitration terms during the checkout process wasn't enough to form a binding agreement.
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November 06, 2025
'Send A Message' To Novo Nordisk Over Kickbacks, Jury Told
Counsel for a whistleblower claiming Novo Nordisk paid illegal kickbacks to boost off-label prescribing of its hemophilia drug NovoSeven urged jurors during closing arguments Thursday to "send a message" to the drugmaker, saying it defrauded Washington state's Medicaid and Medicare systems out of nearly $100 million.
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November 06, 2025
Capital One's $425M Rate Deal Rejected Over Low Payouts
A Virginia federal judge Thursday refused to sign off on Capital One's proposed $425 million settlement with customers accusing the bank of deceptively advertising its 360 Savings accounts, finding that the customers deserve "significantly greater relief" than what's outlined in the deal.
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November 06, 2025
Cal Poly Athletes Rip NIL Deal For Impact On Women's Sports
California Polytechnic State University athletes criticized the NCAA's $2.78 billion name, image and likeness settlement, telling a California federal judge during a hearing Thursday that it has harmed women's sports and caused inequitable cuts, while class counsel defended the deal, saying that it specifically preserves class members' Title IX rights.
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November 06, 2025
Treasury Hears Banks, Crypto Orgs Spar Over Stablecoin Yield
A U.S. Treasury Department proposal on how stablecoins should be regulated has sparked a clash between banking groups and crypto advocates over whether issuers and others should be allowed to offer interest on the tokens, with banks and consumer watchdogs warning the activity could create unnecessary risks.
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November 06, 2025
NetChoice Gets Judge To Halt Colo. Social Media Warning Law
A Colorado federal judge Thursday temporarily blocked a state law that would require social media platforms to provide social media health warnings to minors, saying the law likely didn't meet the highest standard of review for First Amendment challenges.
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November 06, 2025
'Restore Coherence': Trump Admin Told To Fully Fund SNAP
The Trump administration must fund the Supplemental Nutrition Assistance Program in full this month, a Rhode Island federal judge ruled Thursday while admonishing the government for "entrenching delay" of benefits for the 42 million low-income Americans who rely on food assistance.
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November 06, 2025
Conduent Pummeled With Suits Over Monthslong Data Breach
Conduent Business Services LLC has been hit with a barrage of class action lawsuits in New Jersey federal court alleging it failed to adequately protect sensitive personal and health information of more than 10.5 million individuals that were compromised in a major data breach.
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November 06, 2025
Lilly, Novo Nordisk Enter Obesity Drug Price Deal With Trump
Pharmaceutical giants Eli Lilly and Novo Nordisk cut a deal with the Trump administration to slash the pricing of their popular weight loss drugs in the U.S., becoming the latest to enter "most-favored-nation" pricing agreements, the White House announced Thursday.
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November 06, 2025
Debt Collectors Sue Over Colo.'s Medical Debt Reporting Ban
A major debt collection trade group sued to block a Colorado law banning medical debt from credit reports, arguing it conflicts with a federal law that the Consumer Financial Protection Bureau recently said doesn't let states regulate credit report content.
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November 06, 2025
Insurer Says No Defense For Dog Care Co. In Suits, AG Probe
A dog training and grooming business's insurer told a Washington federal court it should owe no coverage for two cases and a civil investigative demand from the state attorney general's office relating to customers' purchase of service dogs and the business's employment practices, pointing to a raft of exclusions.
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November 06, 2025
Texas AG Wants To Halt Kenvue $400M Shareholder Pay
Texas wants to block Johnson & Johnson consumer health spinoff Kenvue from paying $400 million to shareholders, calling it a "fraudulent transfer" amid the company, which makes Tylenol, facing "tens or hundreds of billions of dollars in liabilities" in the state's suit alleging the company hid the risk that acetaminophen could lead to autism.
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November 06, 2025
UMich 'Did Nothing' To Stop Ex-Coach Hacking, Students Say
Student-athletes who had their personal accounts hacked by a former University of Michigan assistant football coach have said the university and athletic leadership are not immune from Title IX claims, arguing that the school knew about the coach's behavior and still allowed him to coach in a playoff game.
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November 06, 2025
Fla. AG Says Planned Parenthood Lied About Abortion Drugs
The Florida Attorney General sued Planned Parenthood on Thursday, alleging the reproductive healthcare nonprofit misrepresented the safety of abortion drugs to women in a mass marketing campaign.
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November 06, 2025
FDA Warns Companies About Illegal Marketing Of Botox
The U.S. Food and Drug Administration has ordered the companies behind 18 websites to stop selling all Botox injectables to consumers that they have marketed as being able to treat chronic migraine, sweaty palms, overactive bladder and blepharospasm, or spasms that force one's eyelids closed.
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November 06, 2025
Sinclair Says Disney-YouTube Blackout An Antitrust Problem
Sinclair's CEO expressed frustration about the ongoing blackout of Disney programming on YouTube TV, saying the dispute between media giants raises potential antitrust concerns because local broadcasters whose stations are affiliated with Disney's ABC broadcast network have no say over whether their content is getting distributed to viewers.
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November 06, 2025
Pa. Statehouse Catchup: Cannabis Quality, 'Deepfake' Fines
Even as the Pennsylvania General Assembly has struggled to agree to a state budget since the summer deadline passed, legislators have introduced and advanced bills dealing with perennial topics like cannabis legalization or responding to newer concerns like AI-fueled fraud.
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November 06, 2025
Kaiser Faces $5.4M Suit In Colorado Over Push To Telehealth
A Colorado mental health clinic claims that the Kaiser Foundation Health Plan of Colorado violated state healthcare laws by terminating its agreement with the behavioral health facility early, disrupting care for more than 7,800 patients.
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November 06, 2025
Education Tech Co. Inks $5.1M Data Breach Deal With 3 AGs
Technology company Illuminate Education Inc. will pay a total of $5.1 million to California, Connecticut and New York and strengthen its data security efforts after a breach in late 2021 and early 2022 exposed the information of millions of students to online hackers, the attorneys general of the three states announced Thursday.
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November 06, 2025
3rd Circ. Won't Revive Investors' Suit Over Viatris Sale
The Third Circuit on Thursday upheld the dismissal of a proposed shareholder class action against pharmaceutical company Viatris, saying that investors hadn't plausibly alleged that they were misled about the future of the company's sold-off biosimilars business.
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November 06, 2025
Social Media Apps Must Face Jury After Section 230 Loss
A California state judge refused Wednesday to grant social media companies summary judgment on claims their platforms harm young users' mental health, again rejecting arguments that Section 230 of the Communications Decency Act shields them from liability, and sent three cases to bellwether trials, with the first to begin Jan. 27.
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November 06, 2025
CFPB Frees TransUnion From Biden-Era Enforcement Order
The Consumer Financial Protection Bureau has freed TransUnion LLC from compliance monitoring and reporting provisions in a deal stemming from allegations the credit reporting bureau took years to place requested security freezes for consumers, according to a recent filing.
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November 06, 2025
Judge OKs DOJ Bid To Drop Boeing 737 Max Conspiracy Case
A Texas federal judge on Thursday dismissed the 737 Max criminal conspiracy case against Boeing, saying the court's hands are tied if the U.S. Department of Justice declines to prosecute the company, but noted that a $1.1 billion nonprosecution agreement still doesn't fully hold Boeing accountable.
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November 06, 2025
Edwards Defends $945M Heart Valve Deal From FTC Challenge
Edwards Lifesciences urged a D.C. federal court to reject the Federal Trade Commission's bid to put its planned $945 million acquisition of JenaValve on hold, saying the deal will increase innovation and save the lives of thousands of people with a form of heart valve disease.
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November 06, 2025
Judge Mehta 'Still Digging Out' From Google, Oath Keepers
U.S. District Judge Amit P. Mehta said Thursday he is still playing catch-up from a period during which his time was spent with virtually nothing but the Google search case and the prosecution of Oath Keepers charged with sedition and other crimes from the Jan. 6 storming of the U.S. Capitol.
Expert Analysis
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What New CFPB Oversight Limits Would Mean For 4 Markets
As the Consumer Financial Protection Bureau continues to centralize its resources, proposals to alter the definition of larger market participants in the automobile financing, international money transfer, consumer reporting and consumer debt collection markets would reduce the scope of the bureau's oversight, say attorneys at Holland & Knight.
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MIT Bros.' Crypto Charges Provide Fraud Test Case For Gov't
As U.S. v. Peraire-Bueno, involving cryptocurrency fraud charges against brothers who graduated from the Massachusetts Institute of Technology, moves forward after surviving a motion to dismiss, the case provides an early example of how the government might use the federal fraud statutes to regulate decentralized networks, say attorneys at ArentFox Schiff.
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Preparing For DEA Rescheduling Of 2 Research Chemicals
A recent decision to allow the U.S. Drug Enforcement Administration to reclassify two research psychedelics in Schedule I under the Controlled Substances Act may pose significant barriers to scientific study, including stringent registration requirements, heightened security protocols and burdensome reporting obligations, say Kimberly Chew at Husch Blackwell and Jackie von Salm at Psilera.
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5 Key Steps To Prepare For Oral Arguments
Whether presenting oral arguments before the U.S. Supreme Court or a local county judge, effective preparation includes the same essential ingredients, from organizing arguments in blocks to maximizing the potential of mock exercises, says Allison Rocker at Baker McKenzie.
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As Product Recalls Rise, So Do The Stakes For The Bar
Recent recall announcements affecting over 800,000 Ford vehicles highlight how product recalls have become more frequent, complex and safety-critical than ever, raising key practice questions for counsel, and raising the stakes in product liability litigation, says Ken Fulginiti at Fulginiti Law.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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High Court E-Cig Ruling Opens Door For FDA Challenges
There will likely be more challenges to marketing denial orders brought before the Fifth Circuit following the Supreme Court's recent ruling in U.S. Food and Drug Administration v. R.J. Reynolds Vapor Co., where litigants have generally had greater success, say attorneys at Troutman Pepper.
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Untangling 'Debanking' Exec Order And Ensuing Challenges
President Donald Trump's recent executive order on the practice of closing or refusing to open accounts for high-risk customers has heightened scrutiny on "debanking," but practical steps can help financial institutions reduce the likelihood of becoming involved in investigations, say attorneys at Winston & Strawn.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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How New Texas Law Targets ESG Proxy Advice
A recently enacted Texas law represents a major shift in how proxy advisory services are regulated in Texas, particularly when recommendations are based on nonfinancial factors like ESG and DEI, but legal challenges underscore the statute’s broader constitutional and statutory implications, say attorneys at Bracewell.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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Annual Report Shows CFIUS Extending Its Reach In 2024
The recently released 2024 annual report from the Committee on Foreign Investment in the United States reveals record civil penalties and enhanced internal capabilities, illustrating expanding jurisdiction and an increasing appetite for enforcement actions, says Nathan Fisher at StoneTurn.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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9 Jury Selection Lessons From The Combs Trial
U.S. District Judge Arun Subramanian’s unusually thorough jury selection process for the trial of Sean Combs offers attorneys and judges a master class in using case-specific juror questionnaires and extended attorney-led voir dire to impanel better juries that produce more just outcomes, say Kevin Homiak at Wheeler Trigg and Leslie Ellis at The Caissa Group.