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Consumer Protection
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October 29, 2025
NY's Allstate Data Breach Case Sent Back To State Court
A New York federal judge has sent a data breach lawsuit against an Allstate Insurance Co. unit back to state court, ruling that he lacks subject matter jurisdiction in the suit because the causes of action in the litigation are not created by federal law.
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October 29, 2025
NBA Subscribers Can't Block Arbitration In Video Privacy Row
A New York federal judge has sent to arbitration a putative class action accusing the National Basketball Association's marketing arm of illegally sharing information about League Pass subscribers' video-viewing activities with third parties, finding that the plaintiffs had "sufficient notice" of the mandatory pre-dispute resolution process outlined in their subscription terms.
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October 29, 2025
DexCom Misled Investors About Its Diabetes Tech, Suit Says
Medical device maker DexCom is facing a proposed investor class action in Manhattan federal court alleging the company hurt shareholders by failing to disclose changes to a glucose monitoring device affecting the reliability of the device's readings.
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October 29, 2025
CFPB's Biden-Era Open Banking Rule Put On Hold
A Kentucky federal judge on Wednesday barred the Consumer Financial Protection Bureau from enforcing its open banking rule until the regulator completes its reconsideration of the controversial data-sharing mandate.
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October 29, 2025
DOJ Says State AGs Can't 'Second-Guess' HPE Merger Deal
The U.S. Department of Justice and Hewlett Packard Enterprise separately urged a California federal judge Tuesday not to let a dozen state attorneys general peek behind the controversial settlement clearing HPE's $14 billion purchase of Juniper Networks, arguing public comment, not direct intervention, is their appropriate role.
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October 29, 2025
FINRA Incorporates AI Into Surveillance, Risk Reviews
The Financial Industry Regulatory Authority has made extensive use of artificial intelligence internally, including for market surveillance and conducting firm risk reviews, the regulator's top executive said Wednesday.
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October 29, 2025
TransUnion Sued By Trafficking Victim Over Credit Reports
An anonymous Georgia resident filed a lawsuit against TransUnion LLC on Wednesday, alleging the credit reporting agency violated the Fair Credit Reporting Act by failing to block and remove negative credit information tied to human trafficking.
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October 29, 2025
Union Pacific Gets OK To Challenge BIPA Exemption Denial
An Illinois federal judge gave Union Pacific the green light on Tuesday to ask the Seventh Circuit to determine mid-case whether he correctly held the Biometric Information Privacy Act's government contractor exemption applies only when a violation occurs within the scope of a government contract.
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October 29, 2025
NYC Sued Over 'Voyeuristic' Police Surveillance System
A Brooklyn couple has filed a federal lawsuit alleging New York City uses a "voyeuristic" police surveillance system on all visitors and residents, which includes two police cameras that are aimed at the couple's bedroom and living room windows.
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October 29, 2025
Google Loses Bid To Transfer Monopolization Case To Calif.
A Texas federal court has refused Google's bid to transfer a case from Branch Metrics accusing the search giant of monopolizing several markets related to searching on mobile devices to California, where the companies are both headquartered.
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October 29, 2025
OpenAI Co-Founder Dodges Musk Contempt Bid, For Now
A California federal magistrate judge refused Wednesday to let Elon Musk tee up contempt proceedings against an OpenAI co-founder for limiting what he'd say in a court-ordered second deposition and imposing conditions on a key document in the California federal court lawsuit challenging the ChatGPT maker's transition to a for-profit structure.
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October 29, 2025
NCAA Delays Start Date For College Athlete Betting
The change in NCAA rules allowing college athletes to bet on pro sports will now take effect Nov. 22 instead of Nov. 1, after the organization voted to delay the move it approved three weeks earlier.
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October 29, 2025
Chicago Metra Says Union Pacific's $2.3M Fees Claim Is Invalid
Chicago's commuter rail system Metra has asked an Illinois federal judge to toss Union Pacific's lawsuit alleging Metra owes more than $2.3 million for the use of three Union Pacific-owned lines amid an ongoing contract dispute, saying a federal rail regulator still needs to determine any owed compensation.
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October 29, 2025
Hertz Urges Del. Justices To Reverse $170M Insurance Ruling
Hertz Corp. urged the Delaware Supreme Court Wednesday to overturn a lower court's ruling that freed the car rental giant's insurers from covering $170 million in false-arrest settlements, arguing the settlements all stemmed from a faulty theft-reporting system and trigger just one self-insured retention.
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October 29, 2025
NC Justices Block Du Pont PFAS Suit On Eve Of Hearing
The Republican majority of North Carolina's highest court on Wednesday issued a stay pausing the state's suit against E.I. Du Pont de Nemours and Co., The Chemours Co. and others over alleged forever chemical contamination the day before the Business Court was set to hold a hearing on summary judgment in the case.
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October 29, 2025
FCC Looks To Reverse Dems' Telecom Cybersecurity Ruling
The Federal Communications Commission plans to vote next month on whether to reverse a ruling made late in the Biden administration that added a host of new cybersecurity requirements on telecoms in the wake of the Salt Typhoon cyberattack.
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October 29, 2025
Google, Epic Can't Delay Play Store Injunction Any Longer
A California federal judge has refused to push back Wednesday's deadline for Google to begin complying with a three-year injunction requiring it to open up its Play Store to competition, denying the Google and Epic Games' joint rescheduling request following the U.S. Supreme Court's recent denial of Google's bid to stay the injunction.
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October 29, 2025
Cruz Claims Calif. Lifeline Undermines Fed. Immigration Law
Sen. Ted Cruz is upset about a California law that would extend the Lifeline subsidy benefits to all low-income households, including those "not lawfully present in the United States," and has written to both the attorney general and the head of the FCC about his concerns.
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October 29, 2025
3 Pharmaceutical Firms Will Pay $4M To Tribes In Opioid MDL
Indivior, Sun Pharmaceuticals and Zydus Pharmaceuticals have inked deals to compensate tribes for their role in the opioid crisis, according to stipulated dismissals entered on Wednesday in Ohio federal court.
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October 29, 2025
Fla. Couple Sues GM, Alleging Defective Ultium EV Chargers
A Florida couple filed a proposed class action on Tuesday accusing General Motors of selling defective electric-vehicle home chargers that often trip breakers, fail to charge the cars, overheat and set off car alarms.
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October 29, 2025
FCC To Vote On Opening More C-Band For Wireless Use
The Federal Communications Commission will soon vote on advancing a plan to auction up to 180 megahertz of prime midband spectrum for advanced wireless use, after Congress cleared a path this year to revamp the upper C-band.
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October 29, 2025
Copper Lines Must Stay Due To Wireless Radiation, FCC Told
A group of people who claim they were injured by electromagnetic radiation are warning the Federal Communications Commission not to move forward with a plan to retire copper lines in phone networks, saying to do so would "endanger the lives of Americans".
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October 29, 2025
9th Circ. Urged To Revive Kratom Extract Action
A group of consumers urged the Ninth Circuit on Tuesday to reverse the dismissal of their action against companies that marketed an alkaloid derivative of the kratom leaf they allege is as addictive as opioids.
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October 29, 2025
Sens. Introduce Bill To Block AI Chatbots From Minors
A bipartisan group of senators has introduced a bill that would regulate the use of artificial intelligence chatbots and companions by minors, levying fines of up to $100,000 against companies that violate the bill's terms.
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October 29, 2025
Coupon Company Seeks To Halt Class Discovery In TCPA Suit
A coupon book company told a North Carolina federal court Tuesday that a putative class action against it over telemarketing texts will ultimately fail because the North Carolinian who sued signed up for the messages at issue.
Expert Analysis
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DOJ Settlement Offers Guide To Avoiding Key Antitrust Risks
The U.S. Justice Department's settlement with Greystar Management shows why parties looking to acquire companies that use pricing recommendation software should carefully examine whether the software algorithm and how it is used in the market create antitrust dangers, say attorneys at Fried Frank.
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Contractor Considerations As Construction Costs Rebound
The U.S. construction industry is navigating rising costs driven by energy and trade policy, which should prompt contractors to review contract structuring, supply chain management and market diversification, among other factors, say attorneys at Cozen O'Connor.
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Series
NC Banking Brief: All The Notable Legal Updates In Q3
There were several impactful changes to the financial services landscape in North Carolina in the third quarter of the year, including statutory updates, enforcement developments from Office of the Commissioner of Banks, and notable mergers, acquisitions and branch expansions, say attorneys at Moore & Van Allen.
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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.