Consumer Protection

  • October 15, 2025

    JPMorgan Dinged By Judge For Raising Arbitration Issue Late

    A Washington federal judge hinted on Wednesday that she's likely to stand by her past decision spurning JPMorgan Chase's attempt to force arbitration of a customer's racial discrimination claims, suggesting the bank lost its chance to make the points it's now relying on to persuade the court to reconsider.

  • October 15, 2025

    Texas Appeals Court Pushes Cigna On Payments To Hospitals

    A Texas appeals court seemed skeptical of Cigna Healthcare of Texas Inc.'s claim that once a patient gets hospitalized, any subsequent treatment should be classified as emergency care, asking Wednesday why Cigna should get to escape a lawsuit claiming it underpaid multiple hospitals.

  • October 15, 2025

    Professor Takes 'Rapunzel' TM Case To Supreme Court

    A law professor seeking to challenge a "Rapunzel" trademark as a consumer of fairy-tale toy characters has asked the U.S. Supreme Court to hear her out after the Federal Circuit upheld a finding that she lacked standing because her alleged injury wasn't commercial in nature.

  • October 15, 2025

    FDIC's Hill Discusses Stablecoin Rulemaking Lift

    Federal Deposit Insurance Corp. acting Chairman Travis Hill said Wednesday that crafting a licensing regime for stablecoin issuers under his agency's purview will likely be relatively "straightforward," but the recently passed stablecoin legislation has also tasked banking regulators with thornier policy issues.

  • October 15, 2025

    States Want To Keep Eye On $14B HPE-Juniper Deal Review

    The Justice Department is in the middle of trying to settle its challenge to Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks, but a dozen states are now trying to get involved and have asked a California federal judge to allow them to intervene in the litigation.

  • October 15, 2025

    Some Sugar Producers Escape Info Sharing Claims

    A Minnesota federal court dismissed several major sugar producers from a case accusing them of sharing competitively sensitive information but is allowing claims against Domino and United Sugar Producers & Refiners to proceed.

  • October 15, 2025

    Consumer Says Nail Fungus Product Falsely Marketed

    A North Carolina man hit Arcadia Consumer Healthcare Inc. with a proposed class action in federal court accusing the company of falsely advertising that its product Fungi-Nail is meant to treat nail fungus, although the fine print on the back label says otherwise.

  • October 15, 2025

    Cal Poly Athletes Told Objections To NIL Deal Don't Hold Water

    The members of a college swimming and diving team that was eliminated by its school last March should blame the school itself for its demise, not the negotiators of a $2.78 billion class action athlete compensation settlement, the NCAA and the athlete class representatives told a California federal court in response to their objections.

  • October 15, 2025

    Newsmax Says It Can Refile Fox Antitrust Fight In Wisconsin

    Newsmax is fighting back against Fox Corp.'s attempt to ship the conservative cable news broadcaster's antitrust suit back to Florida, saying there's no evidence that it's "clearly more convenient" to litigate the matter in the Sunshine State compared to Wisconsin.

  • October 15, 2025

    Crypto.com Can't Block Nev. Action Over Event Contracts

    A Nevada federal judge decided not to bar state gaming regulators from taking action over Crypto.com's event contracts for now, reaching a different conclusion than his earlier ruling in a similar challenge from event contract platform Kalshi after finding that Crypto.com's contracts do not appear to qualify as swaps under the Commodity Exchange Act.

  • October 15, 2025

    Glock Loses Bid To Toss New Jersey AG's Gun Violence Suit

    A New Jersey state judge has declined to dismiss a suit brought by the state's attorney general seeking to hold Glock Inc. liable for gun violence, finding that a recent U.S. Supreme Court decision in a case brought by Mexico against gunmakers doesn't bar the state's claims.

  • October 15, 2025

    AGs Concerned About Landlord Settlements In RealPage Case

    Attorneys general of the District of Columbia and three states told a Tennessee federal court Wednesday that they have concerns about a combined $141.8 million worth of class settlements for antitrust claims against several multifamily landlords that allegedly used property management software company RealPage Inc.'s technology for rent price-fixing.

  • October 15, 2025

    Carriers Take Heat From Hill GOP Over Sens.' Phone Data

    The Big Three phone carriers face growing pressure from Capitol Hill Republicans over reports that they tracked eight senators' cellphone data at the FBI's request, with one lawmaker saying there was no "criminal predicate" for the subpoenas.

  • October 15, 2025

    FCC Looks To Pull Hong Kong Telecom's US Authorization

    The Federal Communications Commission has warned it could expel Hong Kong telecom HKT from the U.S. market, citing ties to the Chinese Communist Party.

  • October 15, 2025

    Geico Says Cos. Owe $415K For Fraudulent Med Gear Scheme

    A group of Geico auto insurers told a New York federal court that they are entitled to recoup $415,000 from companies that they allege submitted hundreds of fraudulent no-fault insurance claims, totaling over $1.25 million, for unnecessary durable medical equipment.

  • October 15, 2025

    9th Circ. Lets Alaska Flyers Redo Hawaiian Merger Case

    The Ninth Circuit found that a lower court was right to toss a case from flyers and travel agents challenging the $1.9 billion merger between Alaska Airlines and Hawaiian Airlines but said they should have been given a chance to revise their allegations.

  • October 15, 2025

    Hawaiian Tropic Sunscreen Maker Hit With SPF False Ad Suit

    A proposed class of consumers is suing the makers of a Hawaiian Tropic-branded sunscreen in Connecticut federal court, saying despite the product being advertised as having a sun protection factor, or SPF, of 50, laboratory testing shows it only offers the protection of SPF 20.

  • October 15, 2025

    Fed. Circ. Affirms ITC Ruling That Brita Filter Patent Is Invalid

    The Federal Circuit on Wednesday let stand the U.S. International Trade Commission's decision that a Brita LP water filter patent is invalid, affirming a finding that the patent wasn't adequately described and that it didn't enable someone to make the invention.

  • October 15, 2025

    Sen. Panel To Consider Bill Meant To Curb Foreign Scam Calls

    A U.S. Senate committee later this month will consider a bill to direct Federal Communications Commission resources toward reducing spam robocalls originating overseas.

  • May 22, 2025

    Fed. Circ. Says Professor Lacks Standing To Fight Rapunzel TM

    The Federal Circuit on Thursday backed the Trademark Trial and Appeal Board's rejection of a professor's challenge to a "Rapunzel" trademark as a consumer of fairy tale toy characters, saying the board properly used a framework laid out by the U.S. Supreme Court.

  • October 14, 2025

    Apple Judge May Decertify Antitrust Class, But Not Toss Case

    A California federal judge indicated Tuesday that she may decertify a class of consumers alleging Apple violated antitrust laws with its App Store policies, but said she's unlikely to grant Apple's bid to toss the case on summary judgment.

  • October 14, 2025

    Fla. AG Hits Roku With Privacy Suit Over Kids' Data Handling

    Video streaming platform Roku Inc. is violating Florida's new data privacy law by collecting and selling children's voice recordings, viewing habits and other personal data without proper notice or consent, the state's attorney general alleged in a lawsuit announced Tuesday. 

  • October 14, 2025

    NC Court Denies Early Ruling In Hospital Antitrust Case

    Owners of a healthcare system in western North Carolina couldn't prevail in an early summary judgment attempt to avoid antitrust claims, after a North Carolina Business Court judge said the complexity of the request at hand precludes a "piecemeal" ruling.

  • October 14, 2025

    Full 3rd Circ. Won't Rethink $45M CareDx False Ad Case

    The Third Circuit on Tuesday turned down medical testing company CareDx's request to have a full panel mull whether to reinstate a $45 million jury award in a false advertisement case over genetic testing technology against rival Natera.

  • October 14, 2025

    California Bans Fee Sharing With 'Alternative' Law Firms

    California Gov. Gavin Newsom has signed a bill into law that blocks Golden State lawyers and firms from sharing contingency fees with out-of-state firms owned by non-lawyers.

Expert Analysis

  • Series

    Law School's Missed Lessons: Learning From Failure

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    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.

  • 23andMe Fine Signals ICO's New GDPR Enforcement Focus

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    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.

  • How Courts Are Addressing The Use Of AI In Discovery

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    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.

  • Midyear Rewind: How Courts Are Reshaping VPPA Standards

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    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.

  • Tips For Crypto AI Agent Developers Under SEC Watch

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    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.

  • What's Next For CFPB After 'Big Beautiful' Funding Cuts

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    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.

  • Series

    Adapting To Private Practice: From ATF Director To BigLaw

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    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.

  • 4 In-Flux Employment Law Issues Banks Should Note

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    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.

  • New DOJ Penalty Policy Could Spell Trouble For Cos.

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    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.

  • Influencer Marketing Partnerships Face Rising Litigation Risk

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    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.

  • 5 Consumer Protection Compliance Issues In NY State Budget

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    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.

  • High Court Cert Spotlights Varying Tests For Federal Removal

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    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.

  • Open Banking Is On Ice As CFPB Seeks To Toss Its Own Rule

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    Even as the Consumer Financial Protection Bureau's efforts to toss its open banking rule play out in Kentucky federal court, it remains statutorily required to effectuate consumer access to data, raising questions about how it would replace the previously finalized standard, say attorneys at Cooley.

  • Opinion

    DOJ's HPE-Juniper Settlement Will Help US Compete

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    The U.S. Department of Justice settlement with Hewlett Packard Enterprise clears the purchase of Juniper Networks in a deal that positions the U.S. as a leader in secure, scalable networking and critical digital infrastructure by requiring the divestiture of a WiFi network business geared toward small firms, says John Shu at Taipei Medical University.

  • Series

    Playing Baseball Makes Me A Better Lawyer

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    Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.

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