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Consumer Protection
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December 18, 2025
Doctors Freed From Suit As NC Panel Deems It MedMal Issue
Parents whose young daughter died following complications from heart surgery can't revive their lawsuit against pediatric heart doctors because their fraud and breach of fiduciary duty claims "sounded in" medical malpractice and were thus barred, a North Carolina state appeals court panel said Wednesday.
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December 18, 2025
FCC Reworks Reg Framework For Low Power TV
The Federal Communications Commission on Thursday created a new regulatory framework in hopes of advancing the low-power TV industry.
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December 18, 2025
Menards To Pay $4.25M To End 10 States' Deception Probe
Menards Inc. will pay $4.25 million to resolve 10 states' investigation into allegedly deceptive marketing tactics they say the Midwestern home-improvement giant used while advertising its merchandise credit check program.
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December 18, 2025
Pa. Casino Accused Of Ignoring Data-Tracking Opt-Out
A proposed class action claims the Rivers Casino in Pittsburgh surreptitiously recorded website visitors' browsing and shared it with third parties, including Facebook and Spotify, even if the users chose to "reject" tracking codes, according to the complaint filed in Pennsylvania state court Wednesday.
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December 18, 2025
New NJ Rules Combat AI And Housing Discrimination
The use of artificial intelligence in hiring practices is among the areas targeted by a sweeping new mandate enacted by New Jersey's Division on Civil Rights meant to shore up protections against discrimination.
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December 18, 2025
Settlement Admin, Bank Conspiracy Suits Consolidated In DC
A group of putative class actions alleging a wide-ranging kickback scheme between three of the largest settlement administration companies in the country and banks that was designed to juice administration fees while diminishing class action payouts has been consolidated in D.C. federal court.
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December 18, 2025
Calif. AG, Bar Officials Fight Bid To Stop ABS Fee-Sharing Ban
Both the California attorney general and the California State Bar are opposing a California attorney's attempt to block a new law preventing fee-sharing with out-of-state law firms owned by nonlawyers set to go into effect on Jan. 1.
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December 18, 2025
Hunter Claims FN America Pistol With Safety On Shot His Leg
A Colorado fire lieutenant with Aurora Fire Rescue is suing FN America LLC and Umarex USA Inc., saying a pistol they made and distributed went off while the safety was on, and without a trigger pull, and shot him in the leg while he was hunting.
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December 18, 2025
Wis. Tribe Seeks To Block Kalshi Sports Contracts
A Wisconsin Native American tribe urged a federal court to preliminarily block prediction market platform Kalshi from offering sports event contracts on tribal lands, arguing such contracts threaten its gaming monopoly.
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December 18, 2025
NAR Brokers Are Antitrust Conspirators, 10th Circ. Told
Homie Tech Inc. told the Tenth Circuit that the National Association of Realtors can't paint its broker members as third parties in an effort to duck the residential brokerage startup's antitrust claims over a boycott flowing from NAR rules those members followed.
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December 18, 2025
LinkedIn Data Access Settlement Rejected In Antitrust Case
A California federal court refused to approve a settlement requiring LinkedIn to stop conditioning access to its data interface on rivals agreeing not to use the data for a competing professional social network, a deal that included no damages but up to $4 million in attorney fees.
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December 18, 2025
Chemical Co. Seeks Contractor's Coverage For Mercury Suits
The successor to a chemical company told a Louisiana federal court in a lawsuit that it is an additional insured under policies obtained by a contractor working on its chemical facility and is owed coverage for nearly 200 underlying lawsuits claiming mercury exposure from the facility.
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December 18, 2025
Car Dealer Credit Check Co. Sued Over Breach Affecting 5.8M
A company that handles credit inquiries for car dealerships is facing a proposed class action accusing it of negligence, following a cyberattack on its systems in October that compromised the personal information of more than 5.8 million people.
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December 18, 2025
Trump Orders Loosening Of Federal Restrictions On Marijuana
President Donald Trump on Thursday announced that his administration would instruct federal agencies to loosen restrictions on cannabis via executive order, a historic acknowledgment from the executive branch that the drug has recognized medical uses.
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December 18, 2025
Pot Co. Says NY's 'Seed To Sale' Program Raises Costs
A maker of cannabis products is suing New York's cannabis regulators, alleging that new 'seed-to-sale' tracking system will exponentially raise prices and is an unconstitutional overreach by the agency.
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December 17, 2025
Avis Did Not Waive Arbitration In Traffic Fines Suit: 3rd Circ.
The Third Circuit has concluded that Avis did not waive its right to arbitrate a long-running class action over traffic fines incurred during a rental with certain members of the class by continuing to litigate the dispute years after incorporating an arbitration clause in its rental agreement.
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December 17, 2025
Amazon, Le Labo Say Ripoff 'Basgax' Perfumes Reek Of Fraud
Amazon and New York fragrance maker Le Labo accused a Florida-based company known as Basgax of selling bogus Le Labo products, claiming the company and its operators illegally copied Le Labo's promotional images and product names such as "Iris 39" and "Patchouili 24."
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December 17, 2025
5th Circ. Finds 'Truffle,' Reverses Samsung Battery Suit
A Seventh Circuit opinion has convinced the Fifth Circuit to reverse its decision forcing Samsung SDI Co. Ltd. to face a lawsuit over burn injuries a man suffered when one of the company's batteries exploded in his pocket, suggesting the company didn't do a great job making its case the first time around.
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December 17, 2025
Late Plaintiff Substitutions Sink Hospital Health Data Suit
A Pennsylvania federal judge has dismissed a proposed data breach class action against Thomas Jefferson University Hospitals Inc. over the named plaintiffs purported inability to serve as leaders of the suit, ruling that they had two years to find substitutes.
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December 17, 2025
Trump Admin Asks Fed Whether It's Back In The Black
The U.S. Department of Justice on Tuesday asked the Federal Reserve to confirm whether it has returned to profitability, a potential opening for the Trump administration to draw new funding for the Consumer Financial Protection Bureau after insisting none is available.
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December 17, 2025
Meta Blamed For Teens' Instagram 'Sextortion' Suicides
The parents of a 16-year-old boy from Scotland and a 13-year-old boy from Pennsylvania blame Meta and Instagram for their children dying by suicide after being "sextorted" through the photo sharing platform, alleging in a lawsuit Wednesday that the social media companies know the app connects predators to children.
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December 17, 2025
SEC Again Flags Adviser Testimonials, Ratings In Marketing
The U.S. Securities and Exchange Commission's Division of Examinations has again flagged advisers' disclosures regarding their use of testimonials, endorsements and third-party ratings in advertisements, saying staff have observed noncompliance with commission rules in those areas.
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December 17, 2025
Lawmakers Raise Concerns Over Nexstar's $6.2B Tegna Deal
A group of Democratic lawmakers has urged federal enforcers to closely scrutinize Nexstar Media Group Inc.'s planned $6.2 billion purchase of rival broadcast company Tegna Inc. and to block the deal if they find it violates the law.
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December 17, 2025
DC Circ. Grants En Banc Hearing On CFPB Layoff Plan
Additional D.C. Circuit judges will get to weigh in on the Trump administration's bid to dismantle the Consumer Financial Protection Bureau through mass layoffs, after the appeals court granted the agency's employees' union an en banc rehearing on a lower court's injunction stopping the firings.
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December 17, 2025
Senate Dems, FCC Tangle Over Agency's 'Independent' Status
The Federal Communications Commission's Republican chair faced off Wednesday against Senate Democrats, who accused him of trying to muffle dissenting political views and gutting the telecommunications regulator's longstanding independence.
Expert Analysis
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Where Crypto Mixing Enforcement Is Headed From Here
Recent developments involving crypto mixers, particularly the Tornado Cash verdict, demonstrate that the Justice Department's shift away from regulation by prosecution does not mean total immunity, rather reflecting an approach that prioritizes both innovation and accountability, says David Tarras at Tarras Defense.
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The Legal Issues With AI Agents In Consumer Transactions
Enabling artificial intelligence agents to handle not just research and recommendations, but the execution of purchases themselves, fundamentally alters commercial relationships and introduces new practical and legal questions for card issuers, merchants, acquirers and consumers, say attorneys at Davis Wright.
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Wash. Email Subject Line Ruling Puts Retailers On The Hook
The Washington state Supreme Court's ruling in Brown v. Old Navy, finding that a state law prohibits misleading email subject lines, has opened the door to nationwide copycat litigation, introducing potential exposure measured not in thousands, but in millions or even billions of dollars for retailers, say attorneys at Benesch.
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How Nasdaq, SEC Proposals May Transform Listing Standards
Both Nasdaq and the U.S. Securities and Exchange Commission have increasingly focused their recent regulatory efforts on small and foreign issuers, particularly those from China, reflecting an intention to strengthen the overall quality of companies accessing U.S. markets, but also potentially introducing a chilling effect on certain issuers, say attorneys at Norton Rose.
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New NCAA Betting Policy Fits Trend Of Eased Restrictions
Allowing NCAA student-athletes to bet on professional sports fits into a decade-long trend of treating college athletes more like adults in a commercial system, but decreasing player restrictions translates to increased compliance burdens for schools, say attorneys at Robins Kaplan.
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Series
Building With Lego Makes Me A Better Lawyer
Building with Lego has taught me to follow directions and adapt to unexpected challenges, and in pairing discipline with imagination, allows me to stay grounded while finding new ways to make complex deals come together, says Paul Levin at Venable.
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How Banks Can Safely Handle Payments For Gambling Biz
As the betting market continues to expand, it's crucial for banks and fintechs to track historical developments in wagering and ongoing prediction markets litigation that can factor into a risk analysis for payment processing with respect to gambling operators, says Laura D'Angelo at Jones Walker.
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SEC Focused On Fraud As Actions Markedly Declined In 2025
The U.S. Securities and Exchange Commission's enforcement activity in its fiscal year 2025 was its lowest in 10 years, reflecting not only a significant decline in the commission's workforce, but also Chairman Paul Atkins' stated focus on fraud and individual wrongdoing and a new approach to crypto regulation, say attorneys at Covington.
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Series
Law School's Missed Lessons: Networking 101
Cultivating a network isn't part of the law school curriculum, but learning the soft skills needed to do so may be the key to establishing a solid professional reputation, nurturing client relationships and building business, says Sharon Crane at Practising Law Institute.
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Defeating Estoppel-Based Claims In Legal Malpractice Actions
State supreme court cases from recent years have addressed whether positions taken by attorneys in an underlying lawsuit can be used against them in a subsequent legal malpractice action, providing a foundation to defeat ex-clients’ estoppel claims, says Christopher Blazejewski at Sherin and Lodgen.
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How Cos. Can Prep For Tightened Calif. Data Breach Notices
Amid California's recent enactment of S.B. 446, which significantly amends the state's data breach notification laws, companies should review and update their incident response plans by establishing processes to document and support any delayed notification, and ensure the notifications' accuracy, say Mark Krotoski and Alexandria Marx at Pillsbury.
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A Look At State AGs' Focus On Earned Wage Products
Earned wage products have emerged as a rapidly growing segment of the consumer finance market, but recent state enforcement actions against MoneyLion, DailyPay and EarnIn will likely have an effect on whether such products can continue operating under current business models, say attorneys at Quinn Emanuel.
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AI's Role In Google Antitrust Suit May Reshape Tech Markets
The evolution of AI in retail has reshaped the U.S.' antitrust case against Google, which could both benefit small business innovators and consumers, and fundamentally alter future antitrust cases, including the Federal Trade Commission's lawsuit against Amazon, says Graham Dufault at ACT.
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Series
The Biz Court Digest: How It Works In Massachusetts
Since its founding in 2000, the Massachusetts Business Litigation Session's expertise, procedural flexibility and litigant-friendly case management practices have contributed to the development of a robust body of commercial jurisprudence, say James Donnelly at Mirick O’Connell, Felicia Ellsworth at WilmerHale and Lisa Wood at Foley Hoag.
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What To Note In OCC, FDIC Plan To Standardize Supervision
The Office of the Comptroller of the Currency and the Federal Deposit Insurance Corp.'s recent proposals to standardize the meaning of "unsafe or unsound practice" and revise the process for issuing matters requiring attention could significantly narrow the scope of activities that spawn enforcement actions, says Brendan Clegg at Luse Gorman.