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Consumer Protection
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December 09, 2025
Conn. Barred From Taking Action Against Kalshi For Now
A Connecticut federal judge has ordered the state to refrain from taking enforcement action against KalshiEX LLC, while the derivatives exchange's preliminary injunction motion is pending, in a suit seeking to prevent the Connecticut Department of Consumer Protection from directing Kalshi to cease operations within the state.
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December 09, 2025
Judge Questions DraftKings Evidence Of 'Bonus' Fine Print
A Massachusetts state judge on Tuesday said she had "a lot of questions" about the admissibility of a re-created screen image DraftKings wants to rely on to demonstrate that the lead plaintiff in a proposed class action was shown the terms of an allegedly deceptive bonus offer.
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December 09, 2025
Amex Inks Deal After $12M Antisteering Rule Verdict In NY
American Express Co. has reached a settlement with consumers who claim the credit card company's so-called antisteering rules cause non-Amex cardholders to pay higher charges, signaling a potential end to a class action suit after a New York federal jury ordered Amex to pay $12 million to one class of consumers.
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December 09, 2025
FINRA Flags GenAI Risks In Annual Oversight Report
The Financial Industry Regulatory Authority said in a Tuesday report that firms "may want to consider" developing supervisory processes covering generative AI at an enterprise level, as well as steps to mitigate associated risks such as inaccuracy and bias.
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December 09, 2025
HBO Max Subscribers Sue To Stop Netflix-Warner Bros. Deal
HBO Max subscribers slapped Netflix with one of the first proposed class actions seeking to halt the streaming behemoth's $82.7 billion plan to buy Warner Bros.' studio and streaming business, calling the deal "one of the more audacious horizontal mergers in recent memory."
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December 09, 2025
USAA Says Class Action 'Impossible' In Medical Billing Suit
Two USAA units are fighting class certification in a lawsuit accusing the insurer of underpaying auto crash-related medical bills through the use of third-party claims software, arguing the patients' healthcare claims are too dissimilar to be litigated as a group.
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December 09, 2025
Conn. Seems Open To Limits On Drug Price Cap Enforcement
The state of Connecticut suggested Tuesday that drug sales to the state were not the same as drug sales "in this state" as defined by state law, a stance drug manufacturers promised to leverage in their efforts to block an impending drug price cap.
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December 09, 2025
Republican FCC Commish Signals More 'Delete' Reg Actions
A Republican member of the Federal Communications Commission said Tuesday the agency is looking at even more ways to reduce clutter on the telecom regulatory landscape.
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December 09, 2025
Judge Says Betting Case No 'Slam Dunk' For Kalshi Or Mass.
A Massachusetts judge said Tuesday he's unlikely to decide before January whether state gambling regulators can pursue claims that prediction market operator KalshiEX is flouting sports betting laws, and if so, whether he should grant the state's request for an injunction.
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December 09, 2025
CFPB Eyes 'Interim' Open Banking Rule As Funds Run Low
The Consumer Financial Protection Bureau said it plans to issue an "interim final" revamp of its open banking rule now that its funding is on the verge of running out, the latest move by the agency to prepare for a possible shutdown in the coming weeks.
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December 09, 2025
More Than 160 State Lawmakers Call For BEAD Fund Release
A bipartisan group of more than 160 state legislators wants the Trump administration to quickly release money from a $42.5 billion federal internet service deployment fund that hasn't been spent yet on deploying infrastructure.
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December 09, 2025
Expert Invoices Discoverable In J&J Talc MDL, Judge Says
A New Jersey federal judge said Monday that the plaintiffs steering committee can receive invoices for Johnson & Johnson's experts' work relating to multidistrict litigation alleging the use of talcum powder caused ovarian cancer and mesothelioma, but only after it produces its own expert invoices.
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December 09, 2025
Amazon Still Can't Claw Back FTC Probe Documents
A Washington federal judge refused Monday to reconsider his order allowing the Federal Trade Commission to hold on to documents produced in the investigation preceding its antitrust lawsuit accusing Amazon of creating an artificial pricing floor, concluding the online retail giant never clearly argued any material was produced "inadvertently."
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December 09, 2025
Insurer Says Whistleblower Stole Docs In Medicare FCA Case
An insurer accused of running a kickback scheme to steer customers to its Medicare Advantage plan is seeking to question the whistleblower that sparked the False Claims Act suit, telling a Massachusetts federal judge on Tuesday that he snapped unauthorized photos of company files.
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December 09, 2025
'Policy Corps' Aims To Promote Widespread US Connectivity
A pair of public interest groups on Tuesday started a broad advocacy push for universal service reform and deploying more broadband to underserved areas.
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December 09, 2025
Sens. Eye Final Stretch To Wrap Crypto Market Structure Bill
Sen. Cynthia Lummis, R-Wyo., said Tuesday that she's hoping to share a draft of a crypto market structure bill by the end of the week, but she may have to "cajole the White House" on ethics language and the appointment of Democrats to federal derivatives and securities agencies to get the bill across the finish line.
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December 09, 2025
Va. Says Vape Cos. Have No Standing To Challenge State Ban
The Virginia Attorney General and tax commissioner are urging a federal court to deny a bid to block enforcement of its ban on unapproved e-cigarettes, saying the companies leading the suit don't have standing because the products are federally illegal.
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December 08, 2025
Baby Food Cos., Parents Clash On Heavy Metals MDL Experts
A California federal judge heard arguments Monday over what expert witness evidence to allow in an upcoming trial over whether lead and arsenic in baby food from Gerber, Beech-Nut, Walmart and others contributed to ADHD and autism in children, as counsel from both sides kicked off a high-profile weeklong Daubert hearing.
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December 08, 2025
Ex-NY Gov. Aide's Mom Says Alleged FARA Cash Wasn't Dirty
The mother of a former top aide to New York governors Monday told a Brooklyn federal jury large amounts of cash she held were from legitimate sources, as opposed to prosecutors' claim it was tied to her daughter's alleged scheme to secretly further the People's Republic of China's interests.
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December 08, 2025
OCC's Gould Responds To Crypto Trust Charter Concerns
The head of the Office of the Comptroller of the Currency on Monday expressed skepticism of banking industry concerns surrounding cryptocurrency trust charter applications, asserting in a speech that "innovation, competition, and fair access should always triumph over regulatory stagnation."
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December 08, 2025
CFPB's Vought Faces New Funding Suit, Hearing Demand
Consumer advocates are mounting a new attempt to force Trump budget chief Russell Vought to replenish the Consumer Financial Protection Bureau's dwindling funds, while Senate Democrats are calling for what they say is an overdue hearing on his work at the agency.
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December 08, 2025
7-Eleven To Pay $4.5M Penalty Over Fla. Gas Station Buy
7-Eleven Inc. and its Japanese parent company will pay a historic $4.5 million penalty to settle the Federal Trade Commission's allegations that the convenience store giant bought a Florida gas station without first informing the FTC, in violation of a 2018 agreement, the agency announced Monday.
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December 08, 2025
8th Circ. Says Video Privacy Law Doesn't Bind Movie Theaters
The Eighth Circuit on Monday became the latest court to conclude that movie theaters don't qualify as businesses that are covered by the federal Video Privacy Protection Act, in affirming the rejection of a proposed class action accusing the regional movie chain Cinema Entertainment of illegally sharing website visitors' video viewing activities with Meta.
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December 08, 2025
Confluence Health Refunds $1.8M Following Wash. AG's Probe
Central Washington healthcare operator Confluence Health has refunded more than $1.8 million to low-income patients who paid for hospital care despite being eligible for financial assistance under the state's Charity Care Act, Washington Attorney General Nick Brown announced Monday.
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December 08, 2025
Ford Urges 9th Circ. To Decertify 'Death Wobble' Classes
An attorney told a Ninth Circuit panel Monday it should decertify all the subclasses of buyers alleging some of Ford's pickup trucks suffered a steering defect known as the "death wobble," saying the district court didn't properly consider whether the models in question are largely used for business purposes.
Expert Analysis
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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Considerations For Cos. Amid Wave Of CFPB Vacatur Bids
As some entities look to vacate prior voluntary agreements with the Consumer Financial Protection Bureau, there are several considerations companies should take into account before seeking to vacate their settlements in the current legal and regulatory environment, says Jasmine Jean-Louis at Goodwin.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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FTC Actions Highlight New Noncompete Enforcement Strategy
Several recent noncompete-related actions from the Federal Trade Commission — including its recent dismissal of cases appealing the vacatur of a Biden-era noncompete ban — reflect the commission's shift toward case-by-case enforcement, while confirming that the agency intends to remain active in policing such agreements, say attorneys at Debevoise.
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Senate Bill Could Overhaul Digital Asset Market Structure
The Senate Banking Committee's draft Responsible Financial Innovation Act would not only clarify the roles and responsibilities of financial institutions engaging in digital asset activities but also impose new compliance regimes, reporting requirements and risk management protocols, say attorneys at Troutman.
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Stablecoin Committee Promotes Uniformity But May Fall Short
While the Genius Act's establishment of the Stablecoin Certification Review Committee will provide private stablecoin issuers with more consistent standards, fragmentation remains due to the disparate regulatory approaches taken by different states, say attorneys at Morgan Lewis.
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Avoiding Unforced Evidentiary Errors At Trial
To avoid self-inflicted missteps at trial, lawyers must plan their evidentiary strategy as early as their claims and defenses, with an eye toward some of the more common pitfalls, says Nate Sabri at Perkins Coie.
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FTC's Reseller Suit Highlights Larger Ticket Platform Issues
Taken together, the recent Federal Trade Commission lawsuit and Ticketmaster's recent antitrust woes demonstrate that federal enforcers are testing the resilience of antitrust and consumer-protection frameworks in an evolving, tech-driven marketplace, says Thomas Stratmann at George Mason University.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Sweeping US Tax And Spending Bill May Bolster PE Returns
The One Big Beautiful Bill Act stands to benefit private equity sponsors and their investors as it alters existing law, including at the portfolio company level, making it crucial to reevaluate historic tax planning and optimize for the new tax regime, say attorneys at Paul Hastings.
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Parsing Trump Admin's First 6 Months Of SEC Enforcement
The U.S. Securities and Exchange Commission's enforcement results for the first six months of the Trump administration show substantially fewer new enforcement actions compared to the same period under the previous administration, but indicate a clear focus on traditional fraud schemes affecting retail investors, say attorneys at King & Spalding.
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HSR Compliance Remains A Priority From Biden To Trump
Several new enforcement actions from the Federal Trade Commission and the U.S. Department of Justice illustrate that rigorous attention to Hart-Scott-Rodino Act compliance has become a critical component of the U.S. merger review process, even amid the political transition from the Biden to Trump administrations, say attorneys at Baker McKenzie.
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The Consequences Of OCC's Pivot On Disparate Impact
The Office of the Comptroller of the Currency's recent move to stop scrutinizing facially neutral lending policies that disproportionately affect a protected group reflects the administration's ongoing shift in assessing discrimination, though this change may not be enough to dissuade claims by states or private plaintiffs, says Travis Nelson at Polsinelli.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.