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Consumer Protection

September 22, 2026
Vape Purchasers Say MDL Complaint Shows Price-Fix Scheme

Direct purchasers of vaping products are defending their amended complaint in multidistrict litigation alleging that a Chinese vape company conspired with its distributors to fix prices, saying new allegations in their latest complaint show there was more at work in the arrangement than "ordinary" business dealings.
September 21, 2026
British Columbia Joins In Blaming OpenAI In School Shooting

The Canadian province of British Columbia on Monday became the latest to sue artificial intelligence company OpenAI over a deadly February shooting at a small-town school, telling a California federal court that company leadership rejected an internal recommendation to notify law enforcement of the shooter's ChatGPT communications that company staff flagged as dangerous.
September 21, 2026
Insider Critiques Of Meta Came From Ignorance, Jury Told

A Meta vice president testified before a New Mexico state jury Monday that, "with all due respect," criticisms of the company's data handling from investigation partner Gibson Dunn and from then-Chief Operating Officer Sheryl Sandberg were born of a lack of understanding.
September 21, 2026
Costco Says It Didn't Say 'Zero Heavy Metals' In Protein Powder

"Good, clean nutrition" doesn't actually mean "free of lead," Costco Wholesale Corp. told a Washington federal court on Friday as it pushed for dismissal of a proposed class action claiming its Orgain protein powders contained dangerous levels of toxic heavy metals.
September 21, 2026
Crypto Co. Investor's 'Puzzle Pleading' Dooms Revenue Suit

A Georgia federal judge has dismissed with prejudice a proposed class action alleging cryptocurrency technology company Bakkt Holdings Inc. and its executives misrepresented the stability of the company's crypto services revenue after it acquired a crypto platform, finding the complaint contains "puzzle pleading."
September 21, 2026
Mass. Judge Trims Law Student's Everclear 'Fireball' Burn Suit

A Massachusetts federal judge trimmed a Boston University student's lawsuit seeking to hold the spirits company behind Everclear liable for the "life-altering burns" she suffered when its 190-proof grain alcohol allegedly caused a fireball at a frat party.
September 21, 2026
Texas Firms Sued Over Alleged VA Benefits Fee Scheme

Two Texas firms accused of charging disabled veterans illegal fees in exchange for helping them obtain higher disability ratings and larger monthly disability payments removed to D.C. federal court a proposed class action filed by a veterans service organization.
September 21, 2026
TelexFree Investors' 2nd Bid For Cert. Called Futile

A Massachusetts federal judge has once again rebuffed an attempt to certify a class of investors who say they lost money in the massive TelexFree Ponzi scheme, calling their second bite at the apple futile.
September 21, 2026
AT&T Asks FCC To Raise Mobile Power Limits In 3.45 GHz Band

AT&T is asking the Federal Communications Commission to raise the power limits for mobile and portable devices operating in the 3.45 gigahertz band, a slice of midband spectrum used largely for commercial 5G and home internet coverage.
September 21, 2026
Judge Rules ESPN, Subsidiary Can Enter WWE Streaming Suit

A Connecticut federal judge has ruled that ESPN and its subsidiary can intervene in a class action brought by World Wrestling Entertainment subscribers over an alleged "bait and switch" streaming scheme.
September 21, 2026
Xbox Buyer Says IEEPA Refund Arbitration Bid Lacks Backing

Microsoft's bid to force arbitration of an Xbox purchaser's proposed class action accusing the video game giant of wrongfully withholding tariff refunds from consumers should fail because it can't point to a clause that covers his dispute, he told a Washington federal court.
September 21, 2026
Cable Biz Insists FCC Can Preempt Broadband Rate Regs

A cable industry group argued Monday that the Federal Communications Commission has the authority to stop states from regulating broadband rates when the federal agency issues new rules aimed at speeding up deployment.
September 21, 2026
Ligado Says Damages Rise To $50B In Gov't Takings Case

Network company Ligado told the U.S. Court of Federal Claims that damages caused by the U.S. government for allegedly blocking its use of licensed airwaves have grown to $50 billion because of interest climbing on the amount originally sought.
September 21, 2026
AI Cos. Hit With Antitrust Suit Over Deal To 'Pace The Frontier'

Artifical intelligence users in Florida and California have accused Anthropic, OpenAI, SpaceX and Google of illegally restraining competition by publicly agreeing to "pace the frontier" and collectively slow down their AI development.
September 21, 2026
'So What?': Judge Pans DOJ Bid To End TikTok Consent Decree

A California federal judge said Monday he will not end a 2019 consent decree the government reached with TikTok Inc. predecessor Musical.ly over its collection of data on kids under 13 just because the U.S. Department of Justice is asking him to, saying the DOJ gave him no information about why he should.
September 21, 2026
Target Says It Had No Duty To Investigate Formula For Taint

Target Corp. is again urging a Washington federal court to throw out a couple's claims that it sold tainted baby formula that gave their child infant botulism, saying it's protected by state law and had no duty to independently investigate its suppliers.
September 21, 2026
Greenberg Traurig Hit With Action Over Client Data Breach

A proposed class of Greenberg Traurig LLP clients said the New York law firm failed to secure their personal data prior to a preventable data breach and delayed notifying clients of the breach for two weeks, in an action filed over the weekend in New York federal court seeking injunctive and other equitable relief to protect client data.
September 21, 2026
Homeowners Say Home Equity Co. Sells Predatory Products

A proposed class of North Carolina homeowners claimed in a federal lawsuit that Unison Agreement Corp. and related companies locked them into predatory, usurious and misleading home equity sharing agreements.
September 21, 2026
Crypto Firm, Ga. Investor Reach Deal To End Fraud Suit

An investor has agreed to end her lawsuit accusing a Texas-based crypto investment company of letting her funds get caught up in a fraudulent scheme to funnel money to foreign countries, according to a filing in Georgia federal court.
September 21, 2026
Malaysia, Indonesia Dumping Fatty Acids, Commerce Finds

The U.S. Department of Commerce found that certain fatty acids imported from Malaysia and Indonesia have been sold at less than fair value, according to notices published Monday.
September 21, 2026
States Settle Challenge Of Paramount's Warner Bros. Deal

State enforcers suing to block Paramount Skydance's planned $110 billion purchase of Warner Bros. Discovery reached a settlement on Monday to end the case with a package of concessions.
September 21, 2026
Kraft Heinz Says Insurers Won't Cover Processed Food Suits

Chubb units and Liberty Mutual are wrongfully refusing to cover Kraft Heinz's defense costs for several lawsuits blaming the food company's "ultra-processed foods" for consumers' diabetes or fatty liver disease diagnoses, costing the company millions of dollars, Kraft Heinz said in a Pennsylvania state court complaint.
September 18, 2026
Lilly Left Nektar Drug 'Damaged Goods,' Jury Told At Trial End

Eli Lilly & Co. turned Nektar Therapeutics' autoimmune-disease drug Rezpeg into "damaged goods" by breaching the companies' co-development deal and delaying the medication's development in favor of a competing drug the pharma giant subsequently acquired, Nektar's counsel told a California federal jury during closing arguments Friday in the $1 billion case.
September 18, 2026
Roblox Struggles To Shake LA County Public Nuisance Suit

As a California judge appeared poised Friday to deny Roblox's bid to dismiss Los Angeles County's lawsuit alleging the child-focused gaming platform is a "hunting ground for predators," a company attorney encouraged him to at least trim some allegations on free speech grounds.
September 18, 2026
Facebook's Notes System Better Handles Misinfo, Exec Says

Meta's chief product officer told a New Mexico jury Friday that Facebook's switch from fact-checkers to crowdsourced notes helped combat misinformation, but he was also grilled about a Mark Zuckerberg email that supposedly envisioned "tricking" users into public posting.

Editor's Picks

Fed. Circ. Panel Backs Invalidation Of OxyContin Patent

The Federal Circuit on Monday upheld a Delaware federal court's decision that deemed invalid a Purdue Pharma patent covering an abuse-deterrent version of the opioid OxyContin, rebuffing the company's arguments that the lower court got its obviousness analysis wrong.
Fed. Circ. Questions Specificity Needed In Oxy IP Invalidation

A Federal Circuit panel expressed frustration with attorneys from both Purdue Pharma LP and generic-drug maker Accord Healthcare Inc. Wednesday as it tried to navigate whether the Delaware district court order invalidating Purdue's abuse-deterrence patent was explicit enough.

Expert Analysis

4 Paths To AI Safety Coordination Amid Antitrust Debate

Frontier artificial intelligence companies have more room for collective safety work than the debate over an antitrust waiver suggests, with several existing avenues providing different degrees of protection and oversight, says Evan Miller at V&E.
Reel Justice: 'The Furious' And Journalistic Evidence

Viewing "The Furious” from a litigator’s perspective highlights nuances that arise when gathering evidence from journalistic investigations, serving as a reminder to not only ask whether evidence is relevant, but also what legal framework governs the person or entity holding it, says Veronica Finkelstein at Widener-Delaware Law.
How Calif. Privacy Bill Could Change CIPA Tracking Cases

If California Gov. Gavin Newsom signs S.B. 690, the bill could materially reduce the leverage behind a pen-register-only claim or demand, so California Invasion of Privacy Act website tracking claims should not be evaluated the same way they were six months ago, says Alexandra Samofalova at Spencer Fane.
For Faster FDIC Review, Banks Must Front-Load Prep

Banks seeking to benefit from the efficiency promised by the Federal Deposit Insurance Corp.’s new two-phase review of deposit insurance applications must prioritize filing comprehensive submissions or risk the fate of applicants recently rejected by the Comptroller of the Currency, say attorneys at Skadden.
Resetting For Success After Corporate Litigation Loses Focus

Corporate litigation that has lost strategic coherence may barrel disastrously ahead if counsel’s understanding of the matter drifts from the client’s goals, but cases can be wrenched back on track by diagnosing how facts have evolved, determining where resources are justified and deploying practical strategies for restoring discipline, says Jonathan Morris at Gordon Rees.
How Bifurcation And Verdict Forms Can Sway Jury Outcomes

The bifurcated trial structure used in a Nevada personal injury case — where the jury recently awarded the plaintiff more than $56 million — highlights a strategic option that litigators often overlook and raises considerations about the potential advantage of carefully assembled verdict forms, says litigation consultant Clint Townson.
How Cos. Can Avoid Infant Product False Advertising Suits

As lawsuits proliferate over products marketed for infant use and sold at a premium that are identical to cheaper general-use products, manufacturers should review related product lines, and scrutinize contextual cues that may contribute to the overall message received by consumers, say attorneys at Chamberlain Hrdlicka.
Time Is On Payment Processors' Side As Deal Dynamics Shift

As payment processors increasingly use timing and volume to gain leverage, merchants should negotiate payment processing agreements well before renewal or migration deadlines, ensuring proper benchmarking, reserve, data, termination and transition terms are in place, says James Alexander at Reed Smith.
How GCs Can Assess The Risks Of Emerging AI Laws

Amid a swirl of momentous legislative activity aimed at regulating artificial intelligence, general counsel must return to first principles when determining whether new laws will apply and whether the company’s use could cause regulators to subject it to additional regulation, say attorneys at WilmerHale.
How FTC's $20B Amazon Suit May Shake Up Ad Enforcement

Gonzalo Mon at Kelley Drye discusses the significance of the Federal Trade Commission's recent suit against Amazon for allegedly overcharging advertising customers more than $20 billion, the company's potential defenses, and the context of rapidly evolving digital advertising technology.
Meta Deal Highlights Advisory Jury Issues, Litigation Risk

The $17 billion settlement of youth safety claims brought against Meta offers lessons for all consumer-facing companies because the court made the rare move of empaneling an advisory jury and the case was built on what the company learned from its own studies, says Mark Morgan at McCarter & English.
What State AI Election Laws Mean For The 2026 Midterms

In the absence of federal rules governing artificial intelligence in elections and no consensus emerging across state laws, campaigns, their vendors and AI developers must address the risks associated with outdated rules written for other problems, says Matthew Shapanka at Covington.
Why Pa. Push For Brownfield Renewables May Not Be Enough

A recent executive order from Pennsylvania Gov. Josh Shapiro directed state regulators to expedite siting of clean energy development on former industrial sites — but additional reforms may be needed to effectively eliminate barriers to these types of projects, says Louis Dodge at Langsam Stevens.
4 Words In A 1980 Law Could Redraw Bank Lending

The Tenth Circuit's interpretation of a single phrase in the Depository Institutions Deregulation and Monetary Control Act could reshape interstate bank lending, requiring banks and fintechs to document loan-making functions, monitor repayment triggers, and reassess true lender and contractual risks, say attorneys at Sheppard.
2nd Circ. Tylenol MDL Ruling Clarifies Court Gatekeeper Role

The Second Circuit’s recent decision in multidistrict litigation over alleged links between Tylenol and developmental disorders, holding that the trial court improperly excluded expert witnesses, preserves meaningful judicial gatekeeping while making clear that judges may not resolve legitimate scientific disputes themselves, say attorneys at Lowenstein Sandler.