The Ninth Circuit on Friday revived a proposed data breach class action alleging health plan administrator AmeriBen unlawfully revealed patients' information, ruling the disclosures were enough to sustain a lawsuit even if the underlying information might seem "mundane."
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WEDNESDAY, OCTOBER 14, 2026 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

9th Circ. Says AmeriBen Data Breach Enough To Allege Injury

By Gina Kim

The Ninth Circuit on Friday revived a proposed data breach class action alleging health plan administrator AmeriBen unlawfully revealed patients' information, ruling the disclosures were enough to sustain a lawsuit even if the underlying information might seem "mundane."

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Analysis

'A Moral Hazard': Kalshi Drug Trial Bets Spark Ethical Qualms

By Chris Villani

Kalshi Inc. opening prediction markets for clinical drug trials has raised a host of compliance concerns for attorneys, including the risk of insider trading among the wide swaths of stakeholders in the know about the trials, as well as the danger of compromising the trials themselves.

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Phaseout Of FCC's E-Rate Could Dampen GDP, Report Says

By Christopher Cole

An advocacy group warned that a Federal Communications Commission plan to eventually phase out the E-Rate connectivity aid program could dampen U.S. economic output.

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Boeing Can't Preclude Punitive Damages In Door Plug Suit

By Ben Adlin

A Washington judge Friday rejected The Boeing Co.'s effort to shut down passengers' bid for punitive damages in a lawsuit over the 2024 blowout of an aircraft door plug, allowing the plaintiffs time to conduct more discovery around whether Illinois law applies.

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College Students' Data Privacy Suit Mostly Survives Toss Bid

By P.J. D'Annunzio

A Pennsylvania federal judge has trimmed a New Jersey state claim from community college students' privacy lawsuit alleging a business software company failed to safeguard personal information from a data breach, allowing the bulk of the suit to proceed.

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POLICY & REGULATION

Analysis

FBI Portal Hack Sharpens Focus On Cyber Regulation Path

By Allison Grande

The recent hack of the FBI's jobs portal underscores mounting cyberthreats to government agencies and critical infrastructure, fueling the debate over whether internal fixes or formal regulation can best address the growing cyber risks powered by artificial intelligence.

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FCC Aims To Boost Mexico, Canada Telecom Border Security

By Aneeta Mathur-Ashton

The Federal Communications Commission will vote on proposed new rules that would strengthen border security by improving transparency and disclosures for communications across the U.S.-Mexico and U.S.-Canada borders.

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DOJ Aims To 'Attack Fraud From All Angles' Via New Division

By Sarah Jarvis

The U.S. Department of Justice's new fraud division has issued fresh guidance on its prosecution methodology, with the division's head directing prosecutors to seize assets before indictments and pursue upward variances in sentencing guidelines in some cases as part of a stated push to use the division's "full arsenal of criminal statutes" in combating fraud.

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Conn. Says CFTC Rehashing Failed Sports Contract Position

By Ganesh Setty

Connecticut has criticized the Commodity Futures Trading Commission's bid in Connecticut federal court to block the state from regulating prediction market platforms' sports-related offerings, noting the same presiding judge already denied Kalshi's motion seeking such relief.

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FCC To Begin Search For Upper C-Band Clearinghouse Admin

By Aneeta Mathur-Ashton

The Federal Communications Commission has begun the process of selecting an entity that will serve as the clearinghouse charged with reimbursing incumbent spectrum users for making way for 5G wireless in the upper C-band.

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ENFORCEMENT

DirecTV, AGs Can't See Nexstar-Tegna Benefits Yet

By Bryan Koenig

A California federal magistrate judge refused to make Nexstar and Tegna explain how their $6.2 billion merger will boost local news against streaming competition and accelerate technological transition, rejecting as premature a motion to compel from DirecTV and the bipartisan coalition of state attorneys general challenging the deal.

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Ex-Atty Gets 2-Year Sentence For $1.5M Estate Fraud In Wash.

By Rachel Riley

A Seattle federal judge has sentenced a former Washington state attorney to two years in prison for wire fraud after the ex-lawyer admitted to stealing more than $1.5 million from an estate he was hired to probate, then taking steps to cover his tracks.  

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LITIGATION

Up Next At High Court: Criminal Sentences & Video Privacy

By Katie Buehler

The U.S. Supreme Court will close out its October sitting by hearing oral arguments in two cases that ask what level of deference federal district courts should give to commentary interpreting the federal sentencing guidelines, and what purchases are protected under a video consumer privacy statute.

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Amazon Can't Push Back FTC Antitrust Trial

By Bryan Koenig

A Washington federal judge refused Friday to delay the Federal Trade Commission antitrust trial accusing Amazon.com Inc. of creating an artificial pricing floor in online retail, forcing the company to try to navigate a potential timing overlap in parallel state court litigation from the California attorney general.

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DOJ Seeks To Pause Order Blocking Demand For Driver Data

By Jared Foretek

The Justice Department is asking a Virginia federal judge to pause his injunction barring the Trump administration from obtaining millions of commercial driver's license records from a nationwide database while it appeals the ruling, claiming that the district court likely lacked jurisdiction to hear the lawsuit in the first place.

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Pa. Justices Won't Extend Deadline For 'Skill Games' Removal

By P.J. D'Annunzio

The Pennsylvania Supreme Court has denied a request from three state lawmakers and a group of "skill games" operators to extend the deadline for businesses to remove devices that the high court recently deemed illegal slot machines.

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Apple Faces Trimmed Down BIPA Trial Over Faceprint Claims

By Celeste Bott

An Illinois federal judge has ruled Apple must face a jury over claims its Photos app unlawfully collects Illinois users' faceprints, rejecting the company's argument that encryption shields it from liability under the state's biometric privacy law but scrapping claims over cropped facial images.

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Kimberly-Clark Says Huggies 'Hypoallergenic' Claim Is True

By Mike Curley

Kimberly-Clark Corp. is urging a New York federal court to throw out a woman's suit alleging that Huggies diapers are falsely advertised as hypoallergenic, saying she's stretching the word too thin to make her case.

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Texas Homeowners Lose Appeal In Harvey Flood Suit

By Spencer Brewer

A Texas appellate court ruled Friday that the companies behind a housing development had no duty to prevent the catastrophic flooding associated with Hurricane Harvey, handing a defeat to homeowners in a suit that appeared to pose a novel issue given the historic storm.

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Anti-SLAPP Law Doesn't Tank Firm Breakup Case, Judge Says

By Andrea Keckley

A Connecticut trial attorney and his new firm cannot invoke the state's anti-SLAPP law to dismiss claims brought by his former law partner, a state court judge held Thursday in one of multiple lawsuits stemming from Connecticut Trial Firm LLC's dissolution less than two years after it gained prominence with a record-setting personal injury verdict.

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Insurers Can't Avoid $5.3M Motel Damage Suit, Court Told

By Hope Patti

A real estate development company urged a Washington federal court to reject its insurers' bid to avoid a suit seeking $5.3 million in coverage for damage to a motel that was supposed to be converted into affordable housing, saying the carriers' arguments concerning improper service are meritless.

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IVF Genetic Test Class Can't Prove Inaccurate Results

By George Woolston

A New Jersey federal judge has thrown out a proposed class action alleging a genetic testing company misled consumers about the accuracy of in-vitro fertilization patient tests, ruling the plaintiffs failed to show they actually received inaccurate results.

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Eli Lilly Lobs 4 Suits Alleging Illegal Weight Loss Drug Sales

By Mike Curley

Eli Lilly and Co. has sued an Arizona weight loss clinic and three online sellers, alleging they are illegally selling products containing the pharmaceutical giant's investigational molecule that has not yet been approved for use in any drug, endangering consumers in a mockery of safety guidelines.

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Amazon, Nitrous Cos. Marketed Gas For Inhaling, Suit Says

By Jonathan Capriel

Nearly 100 consumers are suing Amazon.com Inc. and multiple nitrous oxide manufacturers in Washington state court, alleging the companies marketed candy-flavored gas canisters for recreational inhalation without warning them that they are addictive or could cause paralysis, brain damage and even death.

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Payday Lender Says Baltimore Oversteps Its Power With Suit

By Katryna Perera

Dave Inc. has pushed back on a lawsuit brought by the city of Baltimore, saying the municipality has exceeded its powers by using a local ordinance to accuse the payday lender of charging excessive interest rates on its products.

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Mass. Court Hints At 2nd Look Of $165M Insurance Judgment

By Carolyn Muyskens

Massachusetts' highest court hinted Friday that it could order a judge to show how she calculated the restitution included in a $165 million judgment against three UnitedHealth-owned companies for deceptive marketing practices.

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FCC Urged To Put Hold On Repeal Of Media Ownership Cap

By Christopher Cole

Several groups are calling on the Federal Communications Commission to stay a recent order lifting its long-standing 39% cap on national broadcast audience reach while a court battle plays out.

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Apple, Amazon Hit With New IPad Sale Antitrust Suit

By Gina Kim

Amazon and Apple were hit with a proposed antitrust class action again on Friday in Washington federal court by customers who alleged the tech giants violated the Sherman Act through an illegal arrangement to eliminate nearly all Apple reseller competitors from Amazon, which raised prices for iPads.

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Cannabis Wholesaler Settles Conn. AG's Consumer Claims

By Brian Steele

A wholesaler that allegedly supplied Connecticut stores with high-potency cannabis products has agreed to settle a state enforcement action for $2 million and a promise not to operate without a license, according to a stipulated judgment Thursday.

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FCC Proposes Rules To Vet Broadband Subsidy Recipients

By Nadia Dreid

Almost five months after the Rural Broadband Protection Act was signed into law, the Federal Communications Commission is getting the ball rolling on establishing the vetting process mandated by the law for internet service providers taking part in the agency's "high cost" program.

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Brief

Vape Cos. FDA Suit On Hold As Agency Reviews Policy

By Jonathan Capriel

A Texas federal court has granted a joint motion to stay litigation by an Altria Group Inc. vape subsidiary challenging the U.S. Food and Drug Administration's premarket authorization rule, pausing proceedings while the FDA pursues rulemaking to replace the challenged framework.

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EXPERT ANALYSIS

Cos. Face Growing Exposure To Unfair Trade Practice Suits

Claims against companies that were traditionally governed by tort, products liability, nuisance or environmental law are increasingly being brought under state unfair and deceptive practices statutes — and defense practitioners and in-house counsel should note these laws often provide expanded remedies and procedural advantages to plaintiffs, say attorneys at Kean Miller.

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Fighting Class Cert. In Wash. False Email Promo Cases

Retailers facing a recent wave of class actions alleging their email promotions violated the Washington Commercial Electronic Mail Act may be able to demonstrate that sending individualized, customer-specific messages produced experiences too diverse to be adjudicated on a classwide basis, say attorneys at Benesch.

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Where The 3 Prediction Market Appellate Rulings Diverge

Although the recent Third, Sixth and Ninth Circuit opinions concerning prediction markets overlap on some issues, they differ on key statutory questions, deepening a circuit split over both the classification of sports event contracts and the scope of federal preemption, says Levi Giovanetto at Sheppard.

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Series

Calif. Banking Brief: All The Notable Legal Updates In Q3

California's financial regulators spent the third quarter of 2026 focusing on consumer protection enforcement at home while resisting federal efforts to displace state oversight — reinforcing the state's intention to shape the compliance landscape for institutions operating within its borders despite federal deregulatory trends, say attorneys at Ropes & Gray.

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LEGAL INDUSTRY

Nelson Mullins Sued In SC Over October Data Breach

By Jake Maher

Nelson Mullins Riley & Scarborough LLP has been hit with a proposed class action in South Carolina federal court over a data breach that took place in early October.

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Justices Won't Eye 'Weaponized' Sanctions Of Election Attys

By Jeff Overley

Despite outrage among Ninth Circuit conservatives, the U.S. Supreme Court declined Tuesday to scrutinize six-figure sanctions of lawyers who challenged Arizona election protocols, leaving intact discipline designed to "send a message."

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Reddit Fights Proskauer's 'Hot Potato' AI Client Bid In IP Suit

By Dorothy Atkins

Reddit Inc. has urged a New York federal judge to block its former law firm Proskauer Rose from defending Perplexity AI in Reddit's suit over alleged data scraping used to train artificial intelligence models, arguing the firm can't represent Perplexity after dropping Reddit as a client like ‌a "hot potato."

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Pa. Firm Can't Toss Uber's RICO Claims Over Insurer Payouts

By Linda Chiem

A Pennsylvania federal judge allowed Uber to pursue Racketeer Influenced and Corrupt Organizations Act claims alleging a Philadelphia personal injury firm schemed with healthcare providers to fabricate medical records and inflate accident claims involving Uber and FedEx drivers, saying Uber doesn't lose standing just because its insurer paid its legal fees in underlying litigation.

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DOJ Cites Privacy Concerns In Rejecting NM Epstein Files Bid

By Courtney Bublé

The U.S. Department of Justice has rebuffed the state of New Mexico's request for the unredacted Jeffrey Epstein files for its investigation into possible crimes at Epstein's Zorro Ranch, saying it would hinder law enforcement operations.

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Case Dropped Against Judge Accused Of Endorsing Violence

By Madison Arnold

Ethics charges against a Florida state court judge in Jacksonville alleging he made comments appearing to endorse violence, convey bias and demean individuals during several proceedings last year have been dropped.

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What The Justices Won't Hear: A Roundup Of Cert Denials

By Taylor Bowie

The U.S. Supreme Court declined to grant a writ of certiorari to another batch of applications Tuesday, including cases involving six-figure sanctions, wine shipment laws and overtime claims. 

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Catching Up With Delaware's Chancery Court

By Jarek Rutz

The Delaware Chancery Court last week saw stockholders challenge Nvidia Corp.'s roughly $20 billion deal with artificial intelligence chipmaker Groq Inc., Hertz Global Holdings Inc.'s electric vehicle strategy and more than $1.5 billion in Humana Inc. stock buybacks.

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LAW FIRMS IN TODAY'S NEWS

Ahmad Zavitsanos

ArentFox Schiff

Armstrong Teasdale

Ashurst Perkins

Bailey & Glasser

Ballard Spahr

Baratta Law

Bartlit Beck

Benesch

Berger Montague

Blank Rome

Bochner PLLC

Buchalter LLP

Bursor & Fisher

Claggett & Sykes

Claggett Sykes

Clement & Murphy

Connecticut Trial Firm LLC

Constable Law

Covington & Burling

Dann Law Firm

Dilworth Paxson

FBT Gibbons

First Law Strategy Group

Foster Garvey

Fox Rothschild

Friedlander & Gorris

Funderburk Funderburk

Genova Burns

Gibson Dunn

Gordon Tilden

HWG LLP

Hagens Berman

Holland & Knight

Hurwitz Sagarin

Jackson Walker LLP

Jones Day

Jones Gregg

Justice Law Collaborative

Kean Miller

Keller Postman

Kennedys Law LLP

King & Spalding

Kirkland & Ellis

Kopelowitz Ostrow

Lanier Law Firm

Law Offices of Thomas J. Thomas

Levi & Korsinsky

Lewin & Lewin

Lynch Carpenter

McDermott Will & Schulte

McDonald Hopkins

McKeen Law LLC

Meritz Reddy

Migliaccio & Rathod

Morgan Lewis

Morrison & Foerster

Munger Tolles

Nelson Mullins

Osborn Maledon

Parker Daniels Kibort

Paternoster Farnell

Peifer Hanson

Pillsbury Winthrop

Plauche Smith

Poulin Willey

Proskauer Rose

Reed Smith

Rohn Kurland

Ropes & Gray

Ruskin Moscou

Schlichter Bogard

Simon & Simon PC

Simonsen Sussman

Squire Patton

Stoel Rives

Venable LLP

Wilkinson Stekloff

Williams & Connolly

Williams Kastner

WilmerHale

Withersworldwide

Wollmuth Maher

Zimmerman Law Offices PC

COMPANIES IN TODAY'S NEWS

APC

Academy Mortgage Corp.

Altria Group Inc.

Amazon.com Inc.

Ameriben Solutions Inc.

American Association of Motor Vehicle Administrators

American Snuff Co. LLC

Anthropic PBC

Apple Inc.

Charming Charlie Inc.

Communications Workers of America

Dave Inc.

ESPN Inc.

Eli Lilly & Co.

FCA US LLC

Farmers Insurance Exchange

FedEx Corp.

Federici Brands LLC

Financial Industry Regulatory Authority Inc.

Gilead Sciences Inc.

Google LLC

HealthMarkets Inc.

Hertz Global Holdings Inc.

Howard Hughes Corp.

Humana Inc.

Immunomedics Inc.

Instagram Inc.

JPMorgan Chase & Co.

Jake's Fireworks Inc.

Kalshi Inc.

Kimberly-Clark Corp.

LJA Engineering Inc.

LinkedIn Corp.

Macy's Inc.

Mailchimp

Meta Platforms Inc.

NVIDIA Corp.

Nexstar Media Group Inc.

Nike Inc.

Old Navy LLC

OpenAI OpCo LLC

PGT, Inc.

Pace-O-Matic Inc.

Papa John's International Inc.

Paramount Global

Phillips 66

Progress Software Corp.

Reddit Inc.

Ruby Tuesday Inc.

Salesforce.com Inc.

Samsung Electronics Co. Ltd.

Skydance Media LLC

Snap Inc.

SolarWinds Corp.

Tegna Inc.

The Boeing Co.

The Brattle Group Inc.

The DIRECTV Group Inc.

TikTok Inc.

Uber Technologies Inc.

United Wholesale Mortgage LLC

Warner Bros. Discovery Inc.

Washington State Bar Association

Writers Guild of America East

Zoox Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Attorney General's Office

City of New York

Commodity Futures Trading Commission

Commonwealth of Massachusetts

Connecticut Attorney General's Office

Delaware Court of Chancery

Executive Office of the President

Federal Bureau of Investigation

Federal Communications Commission

Federal Financial Institutions Examination Council

Federal Reserve System

Federal Trade Commission

Food and Drug Administration

Internal Revenue Service

Maryland General Assembly

Massachusetts Supreme Judicial Court

New Mexico Attorney General's Office

New Mexico Department of Justice

Office of the Comptroller of the Currency

Pennsylvania Supreme Court

Texas Supreme Court

Texas Tenth Court of Appeals

U.S. Attorney's Office for the District of Massachusetts

U.S. Attorney's Office for the Western District of Washington

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. Department of Transportation

U.S. District & Bankruptcy Courts of Southern District of Texas

U.S. District Court for the District of Arizona

U.S. District Court for the District of Columbia

U.S. District Court for the District of Connecticut

U.S. District Court for the District of Maryland

U.S. District Court for the District of New Jersey

U.S. District Court for the District of Oregon

U.S. District Court for the District of South Carolina

U.S. District Court for the Eastern District of California

U.S. District Court for the Eastern District of New York

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Eastern District of Virginia

U.S. District Court for the Middle District of Tennessee

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of Illinois

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Louisiana

U.S. District Court for the Western District of Washington

U.S. Securities and Exchange Commission

U.S. Sentencing Commission

U.S. Supreme Court

United States District Court for the Southern District of Ohio

Washington Legislature

Washington Office of the Insurance Commissioner