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Consumer Protection
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July 23, 2025
Meta Grabs Menstrual App Users' Data For Ads, Jury Told
Meta collected sensitive medical information using the Flo Health menstrual cycle app and used that information to sell targeted ads, a computer security expert told a California jury Wednesday in a multibillion-dollar privacy class action brought on behalf of 13 million women.
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July 23, 2025
Trump Admin Appeals Ruling On NCUA Board Member Firings
The Trump administration has asked a Washington, D.C., federal judge to pause a ruling reinstating two ousted Democratic members of the National Credit Union Administration board, arguing the decision represents an "extraordinary intrusion" into presidential power and is being swiftly appealed.
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July 23, 2025
Meme Coin Buyers Say Pump.Fun Offered 'Illegal Gambling'
Users of the meme coin launchpad Pump.Fun accused the company of operating an illegal digital casino in an updated complaint that added racketeering allegations to their earlier proposed securities class action and named developers of the project's underlying blockchain as defendants.
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July 23, 2025
Cosmetics Giants Accused Of Selling Cancer-Causing Product
Major cosmetic companies including Estée Lauder, Edgewell, Shiseido, Unilever and Harry's have been hit with Proposition 65 lawsuits in California state court accusing them of failing to put warning labels on products containing a chemical that state health officials say causes cancer.
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July 23, 2025
North Carolina AG Defends Power To Pursue PFAS Suit
North Carolina Attorney General Jeff Jackson on Wednesday urged a state court judge not to dismiss his long-running lawsuit against DuPont spinoffs over groundwater contamination from forever chemicals, saying lawmakers have not revoked his power to continue pursuing the case.
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July 23, 2025
8th Circ. Tosses FCC Dems' Local Media Ownership Rule
The Eighth Circuit on Wednesday threw out local media ownership rules passed a year and a half ago by Democrats on a split Federal Communications Commission vote.
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July 23, 2025
Trump Wins 9th Circ. Block On Order Providing Reorg Plans
The Ninth Circuit greenlighted the Trump administration's request to pause a lower court ruling requiring the government to turn over its layoff and reorganization plans in the case disputing whether the president can lawfully reshape federal agencies without congressional approval.
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July 23, 2025
Insurer Says No Coverage For Poor Financial Advice Claims
An insurer for a wealth management firm told a Tennessee federal court it should owe no coverage over two couples' arbitration petitions claiming that its CEO's advice to switch life insurers caused the couples to lose roughly $6.85 million, all while the executive allegedly profited from commissions.
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July 23, 2025
Amazon Shoppers Protest Proposed 'Mini-Trial' On Class Cert.
Consumers are fighting Amazon's bid for an evidentiary hearing in parallel antitrust suits before a Washington federal judge decides a pending class certification motion, insisting the company has had plenty of time to vet key opinions from the plaintiffs' economics expert.
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July 23, 2025
Alaska Airlines Hit With False Ad Suit Over Reduced Flights
Alaska Airlines was hit with a putative false advertising class action in California federal court Tuesday alleging its Flight Pass program promised cheap, fixed flight rates in return for monthly subscription payments, while hiding additional taxes, fees and significant premium charges for desirable flights and punishing cancellation policies.Â
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July 23, 2025
UK Eyes Google, Apple Mandates For App Ranking, Payments
United Kingdom antitrust authorities on Wednesday formally proposed singling out Apple's and Google's mobile platforms for extra regulatory attention and specific mandates, proposing road maps for the Play Store and App Store that could try to stop the companies from boosting their own apps and commission-based payment systems.
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July 23, 2025
Fed. Circ. Deems 'Kist' And 'Sunkist' Marks Confusingly Alike
The Federal Circuit on Wednesday reversed a trademark tribunal's conclusion that "Kist" and "Sunkist" soft drink marks were not confusingly similar, saying the board was wrong to distinguish the goods by focusing on images of red lips and the sun in marketing materials for the products.
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July 23, 2025
Firm Can't Arbitrate After Filing Suit, 4th Circ. Says
A Maryland law firm and a debt buyer cannot force a debt collection dispute into arbitration, the Fourth Circuit ruled Wednesday, finding they waived their right to arbitrate when they filed their own collective action.
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July 23, 2025
Tort Report: Panera Settles Last Of 'Charged Lemonade' Suits
The final resolution of a handful of injury suits over Panera Bread's caffeinated lemonade drink and the U.S. Supreme Court's rejection of a medical malpractice case lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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July 23, 2025
Ex-Real Estate Finance Pro Tapped For OCC Chief Of Staff
President Donald Trump's top national bank regulator has hired a new chief of staff, bringing on a former federal housing finance official from the private sector to help steer policy coordination and internal operations at the Office of the Comptroller of the Currency, the agency said Wednesday.
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July 23, 2025
High Court Lets Trump Fire CPSC Members, For Now
The U.S. Supreme Court ruled Wednesday that President Donald Trump could fire three members of the U.S. Consumer Product Safety Commission, even though a Maryland federal judge found that the president lacked authority to remove them without cause.
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July 23, 2025
American Arbitration Assoc. Looks To Duck Monopoly Claims
The American Arbitration Association urged an Arizona federal court Tuesday to toss a case accusing it of monopolizing the market for consumer arbitration services, saying the proposed class action hasn't come close to pleading predatory pricing.
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July 23, 2025
Apple Tells 9th Circ. Birthright Ruling Scraps Epic's Injunction
Apple Inc. told the Ninth Circuit on Tuesday that the U.S. Supreme Court's recent ruling in litigation challenging President Donald Trump's birthright citizenship executive order means that a nationwide injunction and civil contempt order in Epic Games Inc.'s antitrust case over Apple's App Store policies cannot stand.
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July 23, 2025
5th Circ. Finds Enclave Doctrine Blocks Asbestos Claims
The Fifth Circuit has held that the federal enclave doctrine blocks the bulk of a military family's claims in a suit alleging their housing at Randolph Air Force Base had mold and asbestos, while affirming a $91,000 damages award against the housing managers.
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July 23, 2025
Paramount, Skydance Defend Merger Plan At FCC
Paramount Global and Skydance Media continued to lobby the Federal Communications Commission for approval of their proposed $8 billion merger last week, telling the agency not to side with commenters calling for additional regulation as a condition.
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July 23, 2025
Co., Lenders Hit With Suit Over Medical Spa Financing Scam
A medical device manufacturer and several financing companies worked together to manipulate boutique clinics and medical spas into purchasing expensive cosmetic devices based on inflated revenue projections and false promises of marketing support, according to a proposed class action filed Monday in California federal court.
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July 23, 2025
Senate Confirms Roth To Lead Federal Spectrum Agency
The U.S. Senate on Wednesday confirmed Arielle Roth as the next chief of the U.S. Department of Commerce agency that manages federal use of the airwaves.
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July 22, 2025
Google, Meta Can't Escape GoodRx Health Data Sharing Suit
Google, Meta Platforms and Criteo largely cannot escape litigation alleging GoodRx improperly shared patients' protected health information with the tech companies, a California federal judge ruled Tuesday.
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July 22, 2025
Trump's NCUA Board Member Firings Were Illegal, Judge Says
A D.C. federal judge on Tuesday held that President Donald Trump broke the law when he fired two Democratic credit union regulators, finding that the members must remain on the National Credit Union Administration's board and can only be removed before their terms are up for cause.
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July 22, 2025
Chime Facing Class Suit In Wash. Over 'Refer-A-Friend' Texts
Online banking company Chime has been breaking a Washington state ban on unsolicited texts by encouraging customers to send "refer a friend" messages in order to expand its reach, according to a new proposed class action.
Expert Analysis
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Google Ad Tech Ruling Creates Antitrust Uncertainty
A Virginia federal court’s recent decision in the Justice Department’s ad tech antitrust case against Google includes two unusual aspects in that it narrowly construed U.S. Supreme Court precedent when rejecting Google's two-sided market argument, and it found the company liable for unlawful tying, say attorneys at Ballard Spahr.
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Series
Brazilian Jiujitsu Makes Me A Better Lawyer
Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.
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Birthright Ruling Could Alter Consumer Financial Litigation
The U.S. Supreme Court’s upcoming decision about the validity of the nationwide injunctions in the birthright citizenship cases, argued on May 15, could make it much harder for trade associations to obtain nationwide relief from the Consumer Financial Protection Bureau's enforcement of invalid regulations, says Alan Kaplinsky at Ballard Spahr.
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Oft-Forgotten Evidence Rule Can Be Powerful Trial Tool
Rule 608 may be one of the most overlooked provisions in the Federal Rules of Evidence, but as a transformative tool that allows attorneys to attack a witness's character for truthfulness through opinion or reputation testimony, its potential to reshape a case cannot be overstated, says Marian Braccia at Temple University Beasley School of Law.
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FDA Commissioner Speech Suggests New Vision For Agency
In his first public remarks as U.S. Food and Drug Administration commissioner, Marty Makary outlined an ambitious framework for change centered around cultural restoration, scientific integrity, regulatory flexibility and selective modernization, and substantial enforcement shifts for the food and tobacco sectors, say attorneys at Arnall Golden.
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Signed, Sealed, Deleted: A Look At The California Delete Act
The California Delete Act, proposed Delete Request and Opt-Out Platform regulations, and California Privacy Protection Agency enforcement raise a number of compliance considerations — even for data brokers that have existing deletion processes in place, say attorneys at Hunton.
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AG Watch: Texas Expands Use Of Consumer Protection Laws
In recent years under Attorney General Ken Paxton, Texas has demonstrated the breadth of its public interest authority by bringing actions in areas not traditionally associated with consumer protection law, including recent actions involving sports and public safety, say attorneys at Kelley Drye.
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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Fledgling Crypto ATM Regs May Be Due For A Growth Spurt
As cryptocurrency ATM use and availability become more prevalent within the U.S. financial services ecosystem, states — only a few of which currently have a crypto ATM framework — may need to consider expanding legislation and regulation to accelerate consumer fraud protection practices, says Jason Noto at Polsinelli.
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The Legal Risks Of US Restrictions On Investments In China
The second Trump administration has continued to embrace a more restrictive economic policy toward China, including an ongoing review of further restrictions on the flow of U.S. capital to China, so early planning and enhanced diligence can reduce exposure to the challenges resulting from further restrictions, say attorneys at Cleary.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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Opinion
Counterfeiting Cases Could Alter TM Law, Hurt Resale Market
Trademark infringement litigation brought by Nike and Chanel against resale platforms could reshape the first-sale doctrine, with the future of the $49 billion luxury fashion resale market at stake, says attorney Charles Meyer.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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How NY's FAIR Act Mirrors sa¹ú¼Ê´«Ã½ State Recommendations
New York's proposed FAIR Business Practices Act, which targets predatory lending and junk fees, reflects the Rohit Chopra-era Consumer Financial Protection Bureau's recommendations to states in a number of ways, including by defining "abusive" conduct and adding a new right to file class actions, says Christian Hancock at Bradley Arant.
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Big Tech M&A Risk Under Trump May Resemble Biden Era
Merger review under the Trump administration may not differ substantially from merger review under the Biden administration, particularly in the Big Tech arena, in which case dealmakers and investors should shift the antitrust discount on M&A deals upward, says Jonathan Barnett at the University of Southern California Gould School of Law.