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Consumer Protection
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November 06, 2025
Edwards Defends $945M Heart Valve Deal From FTC Challenge
Edwards Lifesciences urged a D.C. federal court to reject the Federal Trade Commission's bid to put its planned $945 million acquisition of JenaValve on hold, saying the deal will increase innovation and save the lives of thousands of people with a form of heart valve disease.
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November 06, 2025
Judge Mehta 'Still Digging Out' From Google, Oath Keepers
U.S. District Judge Amit P. Mehta said Thursday he is still playing catch-up from a period during which his time was spent with virtually nothing but the Google search case and the prosecution of Oath Keepers charged with sedition and other crimes from the Jan. 6 storming of the U.S. Capitol.
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November 06, 2025
Apple Denies Blame For Gift Card Scammers' Actions
Apple told a California federal judge a proposed class action accusing it of selling gift cards that scammers can drain before customers get a chance to use them doesn't identify any design flaw or deceptive statement that would make the tech giant liable for criminals' conduct.
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November 06, 2025
Google-Epic Judge Raises Doubts About App Antitrust Deal
The California federal judge overseeing Epic Games' antitrust suit against Google expressed serious doubts Thursday about their recent deal to end their fight over Android app distribution, ordering an evidentiary hearing and warning he's not sure the proposed deal will correct Google's illegal conduct.
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November 06, 2025
Ex-Goodwin Financial Services Leader Jumps To Covington
A former Goodwin Procter LLP attorney with more than 20 years of experience advising clients on mergers and acquisitions and capital markets transactions has joined Covington & Burling LLP's Boston office as a partner and co-chair of the firm's financial services practice.
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November 06, 2025
Samourai Wallet Exec Gets 5 Years In Crypto Laundering Case
A Manhattan federal judge sentenced the CEO of crypto mixer Samourai Wallet to five years in prison Thursday after he admitted that his business facilitated big-dollar transfers derived from criminal activity including narcotics trafficking and extortion.
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November 05, 2025
4 Firms Fueling Website Tracking Claims, Cyber Insurer Says
A quartet of California-headquartered consumer law firms were behind nearly three-quarters of the website tracking and data privacy claims that both large and small businesses have reported to cyber insurer Coalition Inc. in recent years, according to a new report released Wednesday.Â
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November 05, 2025
6th Circ. Scraps Objections To $600M Train Derailment Deal
The Sixth Circuit on Wednesday affirmed a $600 million class settlement between Norfolk Southern and residents affected by the East Palestine, Ohio, train derailment disaster while dismissing an appeal by objectors who challenged the deal, noting the resulting delay had prejudiced 55,000 claimants awaiting critical payouts.Â
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November 05, 2025
Paramount Hit With Privacy Class Action Over Children's Data
Paramount Skydance Corp. illegally disclosed to Google and Microsoft the personally identifiable information of children who viewed streaming content on their families' personal electronic devices, the kids' parents have claimed in a proposed class action in California federal court.
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November 05, 2025
Kalshi, Robinhood Say Tribes' Gaming Law Case Lacks Merit
Kalshi and Robinhood have told a California federal judge that Native American tribes in the state can't bring claims that the trading platforms ran a criminal racket and flouted laws protecting tribal gaming by offering their sports event contracts, since the wagers are ultimately overseen by federal commodity laws.
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November 05, 2025
UPS Crash Probe Begins, FAA Plans For 10% Cut In Air Traffic
A UPS cargo plane that crashed in Louisville, Kentucky, appeared to have an engine on fire that detached from the aircraft during takeoff, the National Transportation Safety Board said Wednesday as investigators began collecting and examining evidence from a fiery crash that left 11 people dead.
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November 05, 2025
Fruit Co. Must Face Tribe's Pollution Suit, Mich. Judge Rules
A Michigan federal judge on Tuesday said a fruit and vegetable company can't dodge a Native American tribe and two environmental groups' claims it unlawfully contaminated nearby wetlands with polluted wastewater discharges.
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November 05, 2025
AGs Defend Bid To Intervene In DOJ's HPE Merger Deal
More than a dozen Democratic attorneys general have assailed the Justice Department and Hewlett Packard Enterprise for fighting their bid to peek behind the controversial settlement clearing HPE's $14 billion purchase of Juniper Networks, telling a California federal judge that Congress created court oversight for deals just like this. Â
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November 05, 2025
Everclear Maker Wants Plaintiff's Atty Gagged For Harassment
Everclear's manufacturer has asked a Massachusetts federal judge to order an attorney representing an international exchange student claiming to have suffered third-degree burns fueled by the high-proof spirit to stop sending harassing emails and otherwise trying to upend the trial through public disclosures made in social media posts.
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November 05, 2025
Microsoft Wants To Weigh In On Google Search Fixes, Too
Microsoft is urging a D.C. federal court to make sure that the limits imposed on Google in the U.S. Department of Justice's search monopolization case prevent the search giant from inking multiyear default agreements and that they reach new types of generative artificial intelligence products.
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November 05, 2025
Mamdani Taps Ex-FTC Chief Lina Khan For NYC Transition
New York City Mayor-elect Zohran Mamdani on Wednesday named an all-woman transition team, including former Federal Trade Commission Chair Lina Khan, who attracted the ire of tech giants and corporations by spearheading the Biden administration's aggressive antitrust enforcement.
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November 05, 2025
Apple, Google CEOs Can't Yet Be Deposed In Antitrust Suit
Consumers accusing Google of hatching a deal with Apple to make it the default search engine on the iPhone will not be allowed to depose Apple CEO Tim Cook and Google CEO Sundar Pichai as part of their antitrust case accusing Google of suppressing rival search engines.
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November 05, 2025
Hanes Juiced Sales With False 'Last Day' Email Ads, Suit Says
Advertising emails sent by Hanes about apparently limited-time deals violated a Washington state law barring commercial emails with false or misleading subject lines, a Thurston County woman claimed in a proposed class action removed to federal court in Spokane on Wednesday.
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November 05, 2025
Black Rifle's 'America's Coffee' Isn't Made In The US, Suit Says
Military-themed coffee retailer Black Rifle Coffee deceptively labels its products as "America's Coffee" with an American flag that implies they're made in the United States, despite that the sourcing, processing and production of the coffee takes place elsewhere, alleges a proposed class action filed in California federal court.Â
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November 05, 2025
NTIA Rule Creates 'Impossible Choice,' Group Says
The Trump administration's plan to make BEAD recipients promise they will not need federal operational subsidies if they take money from the massive broadband infrastructure program is a bad one, says a broadband advocacy group.
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November 05, 2025
FTC Wants 'Tainted' Drs. Testimony Barred From Merger Case
The Federal Trade Commission wants a D.C. federal judge to bar a pair of outside doctors and consultants from vouching for Edwards Lifesciences' planned JenaValve acquisition, arguing in a filing made public Tuesday that claims of minimal communication between the physicians' counsel and the companies were "at best, misleading."
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November 05, 2025
Mich. AG Urges State High Court To OK Insulin Price Probe
The Michigan Supreme Court weighed overturning two of its prior rulings on consumer protection law Wednesday as the state's attorney general sought the court's blessing for an insulin price-gouging investigation.
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November 05, 2025
Amazon Sues Perplexity Over Shopper-Impersonating AI Tool
Global retailer Amazon.com slapped Perplexity AI with a federal lawsuit that claims the San Francisco startup's use of an AI-powered "personal assistant" Comet to make purchases on the Amazon platform goes against its terms of service and is creating a security risk.
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November 05, 2025
Judge OKs Settlement In Eye Care Data Breach Class Action
A North Carolina Business Court judge granted preliminary approval in a class action settlement Wednesday, after hearing from counsel on both sides that the eye care provider subject to the data breach couldn't shoulder the cost of extended litigation.
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November 05, 2025
After Atty DQ, Family Preserves Claims Against Home Depot
A child whose foot was run over by a lawn mower driven by her father will be allowed to put on hold her lawsuit against Home Depot USA Inc. and the mower's maker, a New Jersey federal judge ruled, giving the family time to find replacement counsel after their prior firm was disqualified due to a conflict.
Expert Analysis
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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 sa¹ú¼Ê´«Ã½ 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.
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Open Banking Is On Ice As sa¹ú¼Ê´«Ã½ Seeks To Toss Its Own Rule
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.
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Opinion
DOJ's HPE-Juniper Settlement Will Help US Compete
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.