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Consumer Protection
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October 17, 2025
'Small Tobacco' Cos. Challenge Va. Ban On Flavored Vapes
Virginia vape companies are looking to stop the state from enforcing a ban on flavored e-cigarettes endorsed by "Big Tobacco," calling the law unconstitutional because it runs afoul of the supremacy clause by having state officials enforce federal tobacco law, according to a lawsuit filed in federal court.
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October 17, 2025
DC Circ. Denies DOJ Bid For Shutdown Delay In CFPB Case
The D.C. Circuit said Friday it will not delay briefing in the Consumer Financial Protection Bureau layoffs case as the government shutdown drags on, rejecting a Trump administration request for a deadline extension tied to the lapse in federal funding.
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October 17, 2025
Nursing Exec Denied New Trial On Wage-Fixing Claims
A Nevada federal judge has denied a new trial to a nursing executive convicted of wage-fixing conspiracy and wire fraud after he claimed the U.S. Department of Justice misled the jury about sweetheart terms of a cooperation deal with another company.
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October 17, 2025
California AG Sues Plastic Bag Makers Over Recycling Claims
California's attorney general on Friday sued three plastic bag manufacturers in state court for allegedly selling nonrecyclable plastic bags despite claiming to meet the Golden State's recyclability standards, but said four other producers agreed to stop sales in the state as part of a settlement resolving similar allegations.
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October 17, 2025
Audible Users Blocked From Using Calif. Law In Privacy Row
A pair of Audible customers can't sustain claims that the audiobook provider violated California's wiretap law on allegations it shared their browsing and listening activities with Meta Platforms Inc. because they agreed to litigate any disputes under Washington law when they signed up for the service, a federal judge in Seattle held in tossing the proposed class action for now.
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October 17, 2025
Texas Youth Join Big Tech In Challenging New App Store Law
Advocacy group Students Engaged in Advancing Texas has joined tech industry giants in challenging the Lone Star State's new law requiring app store owners to verify users' ages and block minors from downloads and purchases without parental consent, arguing the measure illegally imposes restrictions on protected speech and information.
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October 17, 2025
Injury Law Roundup: Uber Wins Bellwether Sex Assault Trial
In our inaugural Injury Law Roundup, juries in the Golden State were busy as Uber won a closely watched sexual assault trial and Johnson & Johnson got crushed with a near $1 billion verdict in a talc case, while Boies Schiller Flexner LLP admitted to an artificial intelligence gaffe in a sex-assault-related case. Here, we put Law360 readers on notice of what's been recently trending in personal injury and medical malpractice news.
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October 17, 2025
Chamber Urges 5th Circ. To Rehear Ex-Bank CEO's FDIC Case
The U.S. Chamber of Commerce and other libertarian advocacy groups urged the Fifth Circuit on Friday to reconsider a panel ruling shielding the Federal Deposit Insurance Corp.'s in-house courts from a constitutional challenge, arguing the decision defies U.S. Supreme Court precedent and leaves bank officials "trapped in the bureaucratic machinery" of juryless agency prosecutions.
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October 17, 2025
Insys Ex-CEO Babich Agrees To $30M Trustee Deal In Del.
Former Insys Therapeutics CEO Michael Babich has consented to a $30 million settlement amid a bankruptcy trustee's efforts to recover tens of millions in damages from company officials tied to Insys' aggressive marketing of the opioid painkiller Subsys, according to a Delaware Court of Chancery settlement filed early on Friday.
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October 17, 2025
Charter-Cox Deal Called Rational, Given Cable Biz Decline
Conservative think tank Free State Foundation thinks the Federal Communications Commission should give Charter Communications' $34.5 billion plan to merge with Cox Communications the green light, given the fact that "cable television is deep in decline."
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October 17, 2025
Texas Appeals Court Revives Yelp Abortion Notice Suit
The statewide Texas appeals court revived Texas' claims that Yelp misled customers about crisis pregnancy centers' limited services, finding that a lower court got it wrong by tossing the suit for lack of personal jurisdiction.
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October 17, 2025
John Hancock, UBS Settle $600K Data Breach Class Action
UBS Financial Services Inc., John Hancock Investment Management LLC and their marketing vendor DG3 North America Inc. have gotten a final nod for their $600,000 deal ending customer claims stemming from a DG3 data breach.
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October 17, 2025
Major Banks Colluded For 30 Years To Fix Rates, Suit Says
Several major banks, including JPMorgan Chase, Bank of America and Wells Fargo, have been hit with a proposed class action in Connecticut federal court alleging that for the past 30 years, they have been artificially inflating interest rates on variable-rate loans to consumers and small businesses.
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October 17, 2025
Bankers Lobby Warns Of 'Operational Crises' From Penny Halt
A banking industry group on Friday urged leaders of the Federal Reserve and the U.S. Department of the Treasury to swiftly address "operational crises" the institutions say have arisen from a policy restricting penny deposits at coin terminals as the U.S. phases out the one-cent coin.
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October 17, 2025
W.Va. Says Pole Owners Must Replace Old Utility Poles
Utility poles that have been "red tagged" for replacement must be replaced by whoever owns them, not the utility that is paying to use them, West Virginia's Public Service Commission has declared.
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October 17, 2025
Boeing Sued Over 737 Crash In South Korea That Killed 179
The Boeing Co. has been hit with a negligence suit in Washington state court by the families of 14 people killed in the December crash of a 737 at a South Korean airport, facing accusations that the "antiquated" 1960s-era electrical and hydraulic systems resulted in a "massive failure" of the plane and the deaths of 179 people.
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October 17, 2025
Mich. College Must Face Meta Pixel Tracking Class Action
A Michigan federal judge on Friday refused to dismiss a proposed class action claiming a private liberal arts college used an automated tracker and disclosed to Meta the watch history of visitors who accessed online lectures.
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October 17, 2025
Texas Readies $1.3B Spending Plan For Broadband Access
Texas, which was originally allocated $3.3 billion under the Biden administration, is about to submit its plans for using the $1.3 billion in federal broadband funding that was eventually awarded after a Trump administration revamp of the Broadband Equity, Access and Deployment program.
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October 17, 2025
Federal Courts To Scale Back Operations Amid Shutdown
The federal court system has run out of money and will scale back operations beginning Monday as a result of the ongoing government shutdown, possibly leading to case delays.
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October 17, 2025
Verizon Scraps Ad For Free Google Pixel After AT&T Objects
Verizon has dropped an advertisement for free Google Pixel phones that prompted an AT&T complaint that the offer was only available for "Unlimited Ultimate" plan customers, not everyone.
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October 17, 2025
NC Justices Say Doctor Can't Appeal Dismissal Denial
The North Carolina Supreme Court on Friday denied a doctor and hospital's attempt to reverse an appeals court order upholding the denial of their requests to dismiss a malpractice suit, saying they did not have the right to appeal the denial in the first place.
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October 17, 2025
Industry Calls On Policymakers To Tackle Telecom Vandalism
Growing theft and vandalism of telecom lines can trigger not only immediate costs, but broader economic and social ripple effects from network shutdowns, a wireless infrastructure group warned in a pair of new reports issued to support the group's call for stepped-up law enforcement.
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October 17, 2025
Broker Not Covered In Fire Policy Dispute, Insurer Says
An insurance broker accused of mishandling a furniture retailer's insurance procurement, which left the retailer without coverage for a fire, is not entitled to defense or indemnity under its professional liability policy, the broker's insurer told a California federal court.
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October 17, 2025
Dexcom Faces Class Action Over Glucose Monitor Tech
A proposed class of consumers is suing Dexcom Inc., alleging that it falsely advertises its glucose monitoring systems as safe and accurate despite several defects making the results unreliable, and multiple U.S. Food and Drug Administration recalls in the past year.
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October 16, 2025
CFPB Ends Citi Order Over Armenian Discrimination Claims
The Consumer Financial Protection Bureau has agreed to drop its case accusing Citibank NA of intentionally and systematically discriminating against retail-branded credit card applicants with Armenian-looking last names, according to an order filed Thursday.
Expert Analysis
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Wells Fargo Suit Shows Consumer Protection Limits In Mass.
The Massachusetts Appeals Court's May decision in Wells Fargo Bank v. Coulsey underscores that consumer rights are balanced against the need for closure, and even the broad protections of state consumer protection law will not open the door to relitigating the same claims, say attorneys at Greenberg Traurig.
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Series
Ohio Banking Brief: All The Notable Legal Updates In Q2
Ohio's financial services sector saw several significant developments in the second quarter of 2025, including a case that confirmed credit unions' setoff rights, another that established contract rights between banks and cardholders, and the House passage of a digital asset bill, say attorneys at Frost Brown.
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Managing Risks As State AGs Seek To Fill Enforcement Gap
Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.
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Breaking Down Novel Va. Social Media Law For Minors
While a Virginia bill passed in May is notable for setting a one-hour daily limit on minors' use of social media, other provisions create compliance burdens for social media operators and app store providers, and increase privacy and security risks associated with the collection of sensitive information to prove identity, says Jenna Rode at Hunton.
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Litigation Inspiration: How To Respond After A Loss
Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.
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FDA's Hasty Policymaking Approach Faces APA Challenges
Though the U.S. Food and Drug Administration has abandoned its usual notice-and-comment process for implementing new regulatory initiatives, two recent district court decisions make clear that these programs are still susceptible to Administrative Procedure Act challenges, says Rachel Turow at Skadden.
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DOJ Crypto Enforcement Is Shifting To Target Willfulness
Three pending criminal prosecutions could be an indication of how the U.S. Department of Justice's recent digital assets memo is shaping enforcement of the area, and show a growing focus on executives who knowingly allow their platforms to be used for criminal conduct involving sanctions offenses, say attorneys at Gibson Dunn.
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How NJ's Proposed Privacy Rules Could Reshape AI Data Use
Although not revolutionary, New Jersey's proposed privacy rules would create obligations around the management and processing of consumer personal data that will require careful planning before they can be successfully implemented, say attorneys at Norton Rose.
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The Metamorphosis Of The Major Questions Doctrine
The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.
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Business Takeaways Following CCPA Enforcement Actions
Advisories and recent enforcement activity by the California Privacy Protection Agency against Honda and Todd Snyder underscore the agency's enforcement interest in the intersection of data minimization and consumer rights, and could make it more challenging for a business to provide a streamlined consumer rights process, say attorneys at Covington.
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Compliance Lessons From 1st-Ever Product Safety Sentences
A California federal judge’s recent sentencing of two former Gree USA executives in a landmark Consumer Product Safety Act case serves as a reminder of the federal government’s willingness to pursue criminal prosecution of individuals who fail to report safety hazards, as well as companies’ need to strengthen their reporting and compliance programs, say attorneys at Cooley.
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9th Circ. Decisions Help Clarify Scope Of Legal Lab Marketing
Two Ninth Circuit decisions last week provide a welcome development in clarifying the line between laboratories' legal marketing efforts and undue influence that violates the Eliminating Kickbacks in Recovery Act, and offer useful guidance for labs seeking to mitigate enforcement risk, says Joshua Robbins at Buchalter.
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Feds' Shift On Reputational Risk Raises Questions For Banks
While banking regulators' recent retreat from reputational risk narrows the scope of federal oversight in some respects, it also raises practical questions about consistency, reputational management and the evolving political landscape surrounding financial services, say attorneys at Smith Anderson.
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Series
Playing Mah-Jongg Makes Me A Better Mediator
Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.