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Consumer Protection
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October 15, 2025
Meta Likely Can't Nix Users' Claims It Profited Off Hackers
A California federal judge said Wednesday that he's not inclined to grant Meta's request to toss a putative class action claiming the company lets hackers take control of Facebook accounts while it still profits from users' data, but said he'd trim a "plausible" breach of contract claim with leave to amend.
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October 15, 2025
Fla. Medical Clinic Settles Patient Data Breach Row For $10M
A Florida federal judge has given initial approval to a $10 million settlement to resolve a proposed class action accusing Watson Clinic LLP of failing to adequately protect current and former patients' medical imaging records, financial account information and other personal data that was swept up in a 2024 data breach.Â
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October 15, 2025
Valve Seeks To Toss 'Overlapping' $21M Arbitration Fee Suit
Valve Corp. is asking a Seattle federal judge to throw out a proposed class action seeking nearly $21 million in arbitration fees from the software company, claiming the suit is part of a scheme by law firm Mason LLP in which attorneys are seeking identical relief through redundant court challenges.
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October 15, 2025
Cybersecurity Co. F5 Says Hackers Infiltrated Its Systems
Cybersecurity company F5 Inc. revealed Wednesday that hackers had crept into its systems and maintained long-term access to certain platforms, and that the breach has been contained, an infiltration that comes amid similar attacks on the legal and technology sectors by hackers with suspected ties to foreign governments.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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Canadian Suit Offers Disclosure Lesson For US Cannabis Cos.
A Canadian class action asserting that Aurora Cannabis failed to warn consumers about the risk of developing cannabinoid hyperemesis syndrome may spawn copycat filings in the U.S., and is a cautionary tale for cannabis and hemp industries to prioritize risk disclosure, says Ian Stewart at Wilson Elser.
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A Look At Trump Admin's Shifting Strategies To Curtail sa¹ú¼Ê´«Ã½
The Trump administration has so far carried out its goal of minimizing the Consumer Financial Protection Bureau's authority and footprint via an individualized approach comprising rule rollbacks, litigation moves and administrative tools, say attorneys at Holland & Knight.
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Evading DOJ Crosshairs As Data Security Open Season Starts
As the U.S. Department of Justice begins enforcing its new data security program — aimed at preventing foreign adversaries from accessing government-related and personal sensitive data — U.S. companies will need to understand the program’s contours and potential pitfalls to avoid potential civil liability or criminal scrutiny, say attorneys at Cohen & Gresser.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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A Look At DOJ's Dropped Case Against Early Crypto Operator
The prosecution of an early crypto exchange operator over alleged unlicensed money transmission was recently dropped in Indiana federal court, showcasing that the U.S. Justice Department may be limiting the types of enforcement cases it will bring against digital asset firms, say attorneys at Greenberg Traurig.
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4 Consumer Class Action Trends To Watch In 2nd Half Of 2025
The first half of 2025 has seen a surge of consumer class action trends related to online tools, websites and marketing messages, creating a new legal risk landscape for companies of all sizes, says Scott Shaffer at Olshan Frome.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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3 Cautionary Tales For Cos. Using Facial Recognition Tech
Whether a business intends to develop its own facial recognition applications or contract with another company to use such services, three recent case studies should be kept in mind to help lower the risk of litigation or regulatory enforcement, says Adam Nyenhuis at Hilgers Graben.
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Rising Enforcement Stakes For Pharma Telehealth Platforms
Two pieces of legislation recently introduced in Congress could transform the structure and promotion of telehealth arrangements as legislators increasingly scrutinize direct-to-consumer advertising platforms, potentially paving the way for a new U.S. Food and Drug Administration policy with bipartisan support, say attorneys at Sheppard Mullin.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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One Year On, Davidson Holds Lessons On 'Health Halo' Claims
A year after the Ninth Circuit's Davidson v. Sprout Foods decision — which raised the bar for so-called health halo claims — food and beverage companies can draw insights from its finding, subsequently expanded on by other courts, that plaintiffs must be specific when alleging fraud in healthfulness marketing, say attorneys at Sidley.
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Rocket Mortgage Appeal May Push Justices To Curb Classes
Should the U.S. Supreme Court agree to hear Alig v. Rocket Mortgage, the resulting decision could limit class sizes based on commonality under Rule 23 of the Federal Rules of Evidence as opposed to standing under Article III of the U.S. Constitution, say attorneys at Carr Maloney.
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3 Judicial Approaches To Applying Loper Bright, 1 Year Later
In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.
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How State AG Consumer Finance Enforcement Is Expanding
As the Consumer Financial Protection Bureau becomes less active, state attorneys general are increasingly shaping the enforcement landscape for consumer financial services — and several areas of focus have recently emerged, say attorneys at Morgan Lewis.
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What Businesses Need To Know To Avoid VPPA Class Actions
Divergent rulings by the Second, Sixth and Seventh Circuits about the scope of the Video Privacy Protection Act have highlighted the difficulty of applying a statute conceived to regulate the now-obsolete brick-and-mortar video store sector in today's internet economy, say attorneys at DTO Law.