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Consumer Protection
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October 16, 2025
Fed. Judge Keeps X's Suit Against Apple, OpenAI In Texas
A Texas federal judge told X Corp, Apple and OpenAI that they ought to move their headquarters to Fort Worth if they like litigating in Cowtown so much, opting Thursday to keep X and xAI's sweeping antitrust suit against Apple and OpenAI in the Lone Star State.
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October 16, 2025
Semler Investor Sues For Details Of Strive Bitcoin Merger
An investor in healthcare-focused bitcoin treasury company Semler Scientific Inc. has sued to block a shareholder vote on Semler's proposed acquisition by another corporate bitcoin holder until it provides more information on the deal.
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October 16, 2025
Tech Group Aims To Ax Texas' App Store Age Verification Law
A new Texas law that requires app store owners to verify users' ages and block minors from downloading apps or making in-app purchases without parental consent unconstitutionally imposes a "broad censorship regime" on the entire mobile app ecosystem, a tech industry trade group argued in a lawsuit Thursday seeking to strike down the measure.
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October 16, 2025
Kalshi Tells 4th Circ. Md. Is Stepping On CFTC Oversight
Maryland federal judge was wrong to reject sports betting company Kalshi's argument that its so-called prediction market, which allows users to wager on the outcome of real-world events, counts as a federal derivative exchange, the company said to the Fourth Circuit.
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October 16, 2025
Privacy Compliance Needs 'Kindergarten Rules,' Atty Says
Panelists at a Los Angeles conference on the intersection of technology and entertainment tackled the issue of privacy and data laws Thursday, with one participant telling the crowd that helping clients avoid legal entanglements in those areas involves applying "kindergarten rules."
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October 16, 2025
Justices Told Presidential Firing Limits Rely On 'Soured' Logic
President Donald Trump and a cadre of supporters have urged the U.S. Supreme Court to wipe out what remains of a 90-year-old ruling that empowers Congress to prohibit the president from firing certain agency officials at will, arguing the decision was flawed when originally issued and is now well past its prime.
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October 16, 2025
Macy's, Discount Tire Co. Hit With Wash. Anti-Spam Suits
Macy's and Discount Tire Co. are the latest businesses targeted by a wave of proposed class actions in which consumers claim the companies broke a Washington state law outlawing commercial emails with false or misleading subject lines.
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October 16, 2025
NetChoice Fights Colo. 'Cigarette-Style' Social Media Law
A lawyer for an internet trade association urged a federal judge Thursday to block a Colorado law set to take effect next year, comparing its requirement for social media platforms to display warnings for minors to the mandated warning labels on tobacco products.
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October 16, 2025
MTA Wants Truckers' Congestion Pricing Suit Tossed
New York officials have told a Manhattan federal judge that an amended lawsuit alleging congestion pricing tolls wrongfully discriminate against commercial truckers still doesn't offer any new facts suggesting the tolls are unreasonable or violate federal law, so the lawsuit should be tossed for good.
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October 16, 2025
USDA Can't Curb SNAP Benefits As States Fight Data Demand
A California federal judge on Wednesday preliminarily blocked the U.S. Department of Agriculture from withholding potentially billions of dollars in Supplemental Nutrition Assistance Program benefit funds from states that refuse to turn over highly sensitive personal information on millions of SNAP food assistance benefit recipients.
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October 16, 2025
FCC Republican Calls Upper C-Band Rework Critical To 6G
The Federal Communications Commission is wasting no time gearing up for a potential spectrum overhaul in the upper C-Band, with the approach of 6G wireless being a big motivator, according to an agency Republican.
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October 16, 2025
Texas Panel Blocks Hospital Subpoenas In Trans Care Suit
A Texas appellate court on Thursday directed a trial court to withdraw an order requiring two Dallas hospitals to turn over documents concerning alleged gender affirming care, saying the lower court abused its discretion since nonparty patients had motions for protection pending in another court.
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October 16, 2025
Generics Makers Urge 3rd Circ. To Nix Price-Fixing Classes
Actavis and Mylan have urged the Third Circuit to reverse the certification of two classes of buyers for a pair of medications in the sprawling multidistrict litigation over alleged price-fixing in the generic drug industry.
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October 16, 2025
Car Buyer Unclear About His Own Fee Suit, Dealership Says
A Connecticut car buyer isn't an adequate representative for a proposed class of consumers who were allegedly overcharged by a dealership for a service called VIN etching because he didn't know basic details when he testified in a deposition, the defense said in opposing class certification.
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October 16, 2025
Fla. Asks Justices To Halt Calif., Wash. Truck Licensing Lapses
Florida has taken steps to sue California and Washington in the U.S. Supreme Court, alleging the Democratic-led states have flouted federal law by allowing unauthorized immigrants to obtain commercial drivers licenses to haul big rigs cross-country, endangering motorists and causing "mayhem" on roadways.
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October 16, 2025
6 Firms To Lead Aflac Data Breach Suit In Georgia
A Georgia federal judge said Wednesday he's tapping six attorneys from as many firms to lead a proposed class action that was consolidated this summer out of nearly two dozen suits filed over an alleged data breach at Aflac Inc.
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October 16, 2025
Consumer Group Seeks Role In Nationals' Hidden Fees Suit
A national consumers group asked a Washington, D.C., federal court for permission to intervene as a plaintiff in what it called a "copycat" proposed class action against the MLB's Washington Nationals over hidden ticket fees so it can request a stay and protect the progress it has made in its own state court lawsuit.
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October 16, 2025
Insurer Didn't Owe Coverage To IT Co. In BIPA Violation Suit
An insurer had no duty to defend or indemnify an information technology company in a class action alleging violations of Illinois' Biometric Information Privacy Act, a state appeals court affirmed, finding that underlying events occurred before the claims-made policy's retroactive date.
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October 16, 2025
High Court's FCC Broadcast Rulings Criticized As 'Outdated'
A think tank called for overturning two U.S. Supreme Court rulings from decades ago that gave the Federal Communications Commission authority to regulate broadcast speech, saying the decisions don't match the realities of today's economy.
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October 16, 2025
Fed's Barr Calls For Rules To Plug 'Gaps' In Stablecoin Bill
Federal Reserve Board Governor Michael Barr said Thursday that the success of the recently passed legislative framework for stablecoins is dependent on federal banking agencies and state regulators coordinating to "fill in important gaps" that could threaten consumer protection and the stability of the banking system.
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October 16, 2025
MoneyLion Settles CFPB's Suit Over Military Service Charges
The Consumer Financial Protection Bureau and MoneyLion Inc. will settle a Biden-era enforcement action accusing the fintech lender of overcharging military service members, according to a filing in New York federal court.
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October 16, 2025
4th Circ. OKs $811M Award In CFPB Immigrant Bond Co. Suit
The Fourth Circuit has affirmed an $811 million judgment awarded to the Consumer Financial Protection Bureau in its enforcement case against immigrant bond companies accused of engaging in abusive practices.
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October 16, 2025
3 Firms Seek Lead Roles In Conn. Medical Data Breach Suit
Attorneys with three plaintiffs' firms are seeking appointment as interim co-lead counsel and liaison counsel in a series of proposed class actions that they want to consolidate, over a Connecticut medical rehabilitation network accused of waiting nine months to let patients know it was hit with a cyberattack that exposed private information.
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October 16, 2025
Ill. Judge Tosses Law Firm's $36M Pandemic Loan Fraud Suit
An Illinois federal judge dismissed a Michigan law firm's $36 million whistleblower suit against dozens of automotive dealerships, ruling that the information underpinning its claims of pandemic loan fraud was already publicly available.
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October 15, 2025
Jack Smith And Other Ex-DOJ Staffers Slam Trump Purge
Former U.S. Department of Justice employees, including former special counsel Jack Smith, spoke out Wednesday in support of colleagues fired or forced to resign by the Trump administration, issuing a warning about the "existential crisis" born from efforts to use the agency to punish the president's political opponents.
Expert Analysis
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What EPA Chemical Data Deadline Extension Means For Cos.
The U.S. Environmental Protection Agency's extension for manufacturers and importers of 16 chemical substances to report unpublished health and safety studies under the Toxic Substances Control Act could lead to state regulators stepping into the breach, while creating compliance risks and uncertainty for companies, say attorneys at Holland & Knight.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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Compliance Changes On Deck For Banks Under Texas AI Law
Financial services companies, including banks and fintechs, should evaluate their artificial intelligence usage to prepare for Texas' newly passed law regulating AI governance, noting that the enforcement provisions provide for an affirmative defense to liability, say attorneys at Mitchell Sandler.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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23andMe Fine Signals ICO's New GDPR Enforcement Focus
Many of the cybersecurity failures identified by the Information Commissioner’s Office in its investigation of 23andMe, recently resulting in a £2.3 million fine, were basic lapses, but the ICO's focus on several new U.K. General Data Protection Regulation considerations will likely carry into the future, say lawyers at Womble Bond.
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How Courts Are Addressing The Use Of AI In Discovery
In recent months, several courts have issued opinions on handling discovery issues involving artificial intelligence, which collectively offer useful insights on integrating AI into discovery and protecting work product in connection with AI prompts and outputs, says Philip Favro at Favro Law.
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Midyear Rewind: How Courts Are Reshaping VPPA Standards
The first half of 2025 saw a series of cases interpreting the Video Privacy Protection Act as applied to website tracking technologies, including three appellate rulings deepening circuit splits on what qualifies as personally identifiable information and who qualifies as a consumer under the statute, say attorneys at Perkins Coie.
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Tips For Crypto AI Agent Developers Under SEC Watch
With agents powered by artificial intelligence increasingly making decisions in the cryptocurrency world, there's a chance the U.S. Securities and Exchange Commission could use the Investment Advisers Act to regulate this technology in financial services, but there are ways developers can mitigate regulatory risks, say attorneys at Morrison Cohen.
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What's Next For CFPB After 'Big Beautiful' Funding Cuts
While the One Big Beautiful Bill Act's funding cuts to the Consumer Financial Protection Bureau are unlikely to have an independent effect in the short run, they could exacerbate the existing issue of wide regulatory fluctuations in successive administrations in the longer run, say attorneys at Covington.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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4 In-Flux Employment Law Issues Banks Should Note
Attorneys at Ogletree provide a midyear update on employment law changes that could significantly affect banks and other financial service institutions — including federal diversity equity and inclusion updates, and new and developing state and local artificial intelligence laws.
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New DOJ Penalty Policy Could Spell Trouble For Cos.
In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.
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Influencer Marketing Partnerships Face Rising Litigation Risk
In light of recent class actions claiming that brands and influencers are misleading consumers with deceptive marketing practices — largely premised on the Federal Trade Commission's endorsements guidance — proactive compliance measures are becoming more important, say attorneys at Olshan Frome.
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5 Consumer Protection Compliance Issues In NY State Budget
Companies that engage with New York consumers should promptly familiarize themselves with new state budget provisions that require finance and retail companies to make certain business practices more transparent and easier for customers to execute, say attorneys at Mintz.
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High Court Cert Spotlights Varying Tests For Federal Removal
A recent decision by the U.S. Supreme Court to review Chevron v. Plaquemines Parish, a case involving the federal officer removal statute, highlights three other recent circuit court decisions raising federal removal questions, and serves as a reminder that defendants are the masters of removal actions, says Varun Aery at Hollingsworth.