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Consumer Protection
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October 10, 2025
Apple Faces Class Cert. Bid In Mobile Wallet Antitrust Case
An attorney for a proposed class of credit card issuers urged a California federal judge Friday to grant class certification in a suit accusing Apple of monopolizing mobile wallet technology for its own devices even though two lead plaintiffs said they would not pass transaction fees on to their users.
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October 10, 2025
StubHub Sued Over Failure To Refund Swift's Eras Tour Show
Online ticket reseller StubHub regularly reneges on its "FanProtect Guarantee" to either provide comparable tickets or refund customers if the tickets they bought aren't available the day of the concert, according to a proposed class action by a woman who says she was swindled out of thousands of dollars during Taylor Swift's Eras Tour.
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October 10, 2025
9th Circ. Upholds Tossing Dietary Supplement False Ad Suit
The Ninth Circuit has upheld the dismissal of a proposed class action alleging Golo LLC falsely marketed its supplements as weight loss aids, ruling the claims are barred by federal law.
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October 10, 2025
6th Circ. Affirms Class Status In Totaled Car Payout Dispute
A panel of Sixth Circuit judges upheld the class certification of a suit alleging State Farm systematically undervalues totaled vehicles, saying that a class of Tennessee insureds were linked by a common alleged harm of breach of contract.
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October 10, 2025
Back Where We Started: Life After FTC's Noncompete Ban
Now that the Federal Trade Commission has abandoned efforts for a nationwide ban on noncompete clauses, the employment provisions remain subject to a constellation of changing state laws and can sometimes still violate federal law in certain situations.
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October 10, 2025
FCC's Carr Reminds Retailers To Heed Banned Equipment List
Brendan Carr, the Federal Communications Commission chair, said that millions of online sales listings have been taken down because of manufacturing ties to Chinese telecoms and warned that retailers must comply with the federal ban on telecommunications devices made in foreign adversary countries.
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October 10, 2025
Space Biz Could Get FCC Boost In Upper Microwave Bands
Hoping to give a jolt to satellite industry growth, the Federal Communications Commission will look at revamping several upper microwave spectrum bands for more flexible use.
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October 10, 2025
DOJ Scrutiny Sparks Change To $500M Material Analysis Deal
Onto Innovation Inc. removed a product line from its planned deal to purchase a materials analysis business from Semilab International after the U.S. Department of Justice requested additional information to review the merger, reducing the purchase price to $495 million.
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October 10, 2025
Prospect Medical Gets OK For $45M Yale Health Deal In Ch. 11
A Texas bankruptcy judge Friday approved a $45 million settlement between Yale New Haven Health Services Corp. and Prospect Medical that ends a legal battle over failed hospital sales, as Prospect works toward exiting Chapter 11.
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October 10, 2025
Nonprofit Asks 9th Circ. To Rethink Vegas Price-Fixing Case
A nonprofit that focuses on antitrust issues urged entire Ninth Circuit to rehear a price-fixing case accusing several Las Vegas casino-hotel operators of using the same algorithm to set prices for hotel rooms.
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October 10, 2025
Geico Failed To Arbitrate Auto Accident Claim, Suit Says
A North Carolina resident accused Geico of failing to arbitrate her injury claim stemming from an auto accident, telling a federal court that following two years of document production, the insurer only denied coverage after she said she rejected a "lowball" settlement offer.
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October 10, 2025
Toll Bros. Asks For Win Against Tile Co. In Building Flaw Case
Construction firm Toll Brothers has asked a Connecticut judge to enter a win on a single targeted claim against a tile and stone subcontractor it blames for alleged building defects raised in a lawsuit by a senior living community.
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October 10, 2025
FCC Pushes For New Rules To Help Retire Copper
The Federal Communications Commission plans to weigh a proposal this month to accelerate the transition to networks that rely on internet protocol rather than copper for voice services.
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October 10, 2025
Edward Jones Fined $100K For 'Unreasonable' Commissions
Edward D. Jones & Co. LP has entered into a consent order with Connecticut's banking regulator, agreeing to pay a $100,000 fine and about $73,000 in restitution for charging "unreasonable" commissions to retail brokerage customers in the state.
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October 10, 2025
Amazon Gets Massive Antitrust Class Action Trial Delayed
Amazon.com Inc. has got a reprieve from facing a massive consumer antitrust class action and a California attorney general enforcement action in overlapping trials, with a Washington federal judge granting the retail giant's bid to delay the consumer case from October 2026 to June 2027.
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October 10, 2025
Bic Sues Vape Co. Over Counterfeit Lighters
The Bic Corp. sued a New York-based smoke shop products distributor claiming it is selling counterfeit and "gray market" Bic pocket lighters, infringing on its trademarks and posing a safety risk to U.S. consumers due to the knockoffs' low production standards.
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October 09, 2025
Bessent Touts Trump's 'Community Bank Comeback' Agenda
U.S. Department of the Treasury Secretary Scott Bessent on Thursday pledged a wide-ranging regulatory push to spur a "community bank comeback," previewing plans that include easing capital rules, updating anti-money laundering standards and supporting expanded deposit insurance.
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October 09, 2025
Calif. Bans Some Ultraprocessed Foods In School Meals
California Gov. Gavin Newsom Wednesday signed a first-in-the-nation bipartisan law that will slowly phase out and eventually ban ultraprocessed foods from public school meals by 2032, marking one of the most significant changes in the state's efforts to reform nutritional standards for children in the Golden State.
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October 09, 2025
Senate Crypto Bill Weakens State Fraud Protection, Experts Say
State regulators and legal experts are urging leaders of the Senate Banking Committee to overhaul their draft crypto market structure legislation on the grounds that the current text would weaken state power to police fraud and protect investors in crypto markets and beyond.
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October 09, 2025
Trade Court Upholds Malaysian Wind Tower Duties
The U.S. Court of International Trade on Thursday upheld the federal government's antidumping review of a Malaysian wind tower exporter, finding the Commerce Department supported its decision to decline the company's recommendations in reaching a final duty rate.
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October 09, 2025
9th Circ. Probes Buyers On HIV Drug Antitrust Claims
Insurers and health plans told a Ninth Circuit panel on Thursday that a lower court was wrong to toss their claims that Gilead orchestrated a product-hop scheme for its HIV drugs ahead of trial and for not seeing a price drop as evidence of an alleged agreement with Teva to delay generics.
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October 09, 2025
X, XAI Say Texas Best, Fastest Court For OpenAI-Apple Suit
X Corp. and xAI urged a Texas federal judge not to transfer from the Northern District of Texas' Fort Worth Division their suit accusing Apple and OpenAI of anticompetitively edging out other artificial intelligence companies through a deal integrating ChatGPT into iPhones, stressing the speed of their chosen forum.
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October 09, 2025
Ohio Judge OKs Trimmed Norfolk Southern Derailment Suit
An Ohio federal judge approved on Thursday a joint dismissal motion filed by two kennel owners and Norfolk Southern that will permanently toss the kennel owners' property claims from their derailment suit against the railroad company.
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October 09, 2025
House Republican Wants Pentagon Spectrum 'Veto' Scrapped
A key House Republican on telecom issues said Thursday he would oppose a provision tacked onto this year's defense policy bill in the U.S. Senate that could give the U.S. Department of Defense a "veto" over sharing certain spectrum bands with commercial users.
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October 09, 2025
Nissan, Drivers Reach Deal To End Faulty Brake Claims
Nissan North America Inc. and drivers on Thursday reached a settlement in principle in Tennessee federal court that would end multistate claims alleging the automatic braking systems in certain Nissan vehicles would sometimes trigger and cause the cars to stop suddenly, creating an unpredictable hazard.
Expert Analysis
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Canadian Suit Offers Disclosure Lesson For US Cannabis Cos.
A Canadian class action asserting that Aurora Cannabis failed to warn consumers about the risk of developing cannabinoid hyperemesis syndrome may spawn copycat filings in the U.S., and is a cautionary tale for cannabis and hemp industries to prioritize risk disclosure, says Ian Stewart at Wilson Elser.
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A Look At Trump Admin's Shifting Strategies To Curtail CFPB
The Trump administration has so far carried out its goal of minimizing the Consumer Financial Protection Bureau's authority and footprint via an individualized approach comprising rule rollbacks, litigation moves and administrative tools, say attorneys at Holland & Knight.
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Evading DOJ Crosshairs As Data Security Open Season Starts
As the U.S. Department of Justice begins enforcing its new data security program — aimed at preventing foreign adversaries from accessing government-related and personal sensitive data — U.S. companies will need to understand the program’s contours and potential pitfalls to avoid potential civil liability or criminal scrutiny, say attorneys at Cohen & Gresser.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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A Look At DOJ's Dropped Case Against Early Crypto Operator
The prosecution of an early crypto exchange operator over alleged unlicensed money transmission was recently dropped in Indiana federal court, showcasing that the U.S. Justice Department may be limiting the types of enforcement cases it will bring against digital asset firms, say attorneys at Greenberg Traurig.
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4 Consumer Class Action Trends To Watch In 2nd Half Of 2025
The first half of 2025 has seen a surge of consumer class action trends related to online tools, websites and marketing messages, creating a new legal risk landscape for companies of all sizes, says Scott Shaffer at Olshan Frome.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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3 Cautionary Tales For Cos. Using Facial Recognition Tech
Whether a business intends to develop its own facial recognition applications or contract with another company to use such services, three recent case studies should be kept in mind to help lower the risk of litigation or regulatory enforcement, says Adam Nyenhuis at Hilgers Graben.
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Rising Enforcement Stakes For Pharma Telehealth Platforms
Two pieces of legislation recently introduced in Congress could transform the structure and promotion of telehealth arrangements as legislators increasingly scrutinize direct-to-consumer advertising platforms, potentially paving the way for a new U.S. Food and Drug Administration policy with bipartisan support, say attorneys at Sheppard Mullin.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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One Year On, Davidson Holds Lessons On 'Health Halo' Claims
A year after the Ninth Circuit's Davidson v. Sprout Foods decision — which raised the bar for so-called health halo claims — food and beverage companies can draw insights from its finding, subsequently expanded on by other courts, that plaintiffs must be specific when alleging fraud in healthfulness marketing, say attorneys at Sidley.
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Rocket Mortgage Appeal May Push Justices To Curb Classes
Should the U.S. Supreme Court agree to hear Alig v. Rocket Mortgage, the resulting decision could limit class sizes based on commonality under Rule 23 of the Federal Rules of Evidence as opposed to standing under Article III of the U.S. Constitution, say attorneys at Carr Maloney.
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3 Judicial Approaches To Applying Loper Bright, 1 Year Later
In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.
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How State AG Consumer Finance Enforcement Is Expanding
As the Consumer Financial Protection Bureau becomes less active, state attorneys general are increasingly shaping the enforcement landscape for consumer financial services — and several areas of focus have recently emerged, say attorneys at Morgan Lewis.
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What Businesses Need To Know To Avoid VPPA Class Actions
Divergent rulings by the Second, Sixth and Seventh Circuits about the scope of the Video Privacy Protection Act have highlighted the difficulty of applying a statute conceived to regulate the now-obsolete brick-and-mortar video store sector in today's internet economy, say attorneys at DTO Law.