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Consumer Protection
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October 06, 2025
Google Judge Anticipates 'Fine-Tuning' Ad Tech Remedies
The Justice Department and Google questioned their last witnesses Monday in a fight over whether to break up the company's advertising placement technology business, in a two-hour hearing with a rebuttal witness, a rare surrebuttal witness, and an acknowledgment from the Virginia federal judge overseeing the case that even after she delivers her final judgment, it might need revisions in the future.Â
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October 06, 2025
Coinbase Seeks OCC Charter To Expand Custody Business
Crypto exchange Coinbase is seeking a national trust company charter from the Office of the Comptroller of the Currency to expand its custody business and related services, joining a growing number of digital asset firms pursuing federal bank charters.
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October 06, 2025
Kratom, Kava Makers Sue Utah Over 'Arbitrary' Product Ban
Businesses that market psychoactive products derived from the kratom leaf and kava root have filed a federal lawsuit against Utah regulators challenging the constitutionality of new rules blocking the sale of their wares in the state.
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October 06, 2025
Neuriva 'Brain Health' Products Don't Work, Class Suit Claims
A proposed class of buyers sued Reckitt Benckiser LLC in Illinois federal court on Monday, alleging its Neuriva line of products make promises about supporting brain health that they come nowhere near delivering.
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October 06, 2025
Law Profs Say CareDx False Ad Verdict Should Stand
Two law professors have urged the Third Circuit to grant medical testing company CareDx's request for another chance to argue why its $45 million false advertising verdict against a rival should be reinstated, saying a ruling nixing the verdict will disallow juries from using circumstantial evidence and encourage false advertisers to "try their luck."
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October 06, 2025
Catching Up With Delaware's Chancery Court
Last week, the owner of the Kentucky Derby was hit with a suit accusing it of withholding escrow funds for environmental compliance violations owed under a 2022 deal with hospitality company Enchantment Holdings LLC.
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October 06, 2025
NC Chamber Says AG Overstepping In DuPont Pollution Suit
The North Carolina Chamber has urged the state's top court to review a forever chemical contamination suit against two DuPont spinoffs, saying state Attorney General Jeff Jackson is "driving far outside of his lane" by continuing to press forward with the case.
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October 06, 2025
Buyers Launch False Ad Suit Over Trader Joe's Probiotics
Two buyers have hit Trader Joe's Co. with a proposed class action alleging that the store's probiotics products contain far fewer "good bacteria" than advertised, with less than 8 billion colony forming units rather than the 30 billion the store claims.
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October 06, 2025
State Farm Underpaid Totaled Vehicle Claims, NC Drivers Say
A proposed class of drivers told a North Carolina federal court that State Farm has systematically manipulated data in vehicle valuation reports to underpay policyholders' claims for totaled vehicles in violation of the state's total loss regulation.
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October 06, 2025
FirstEnergy Pushes Justices To Restore FERC Grid Incentive
FirstEnergy Corp. has said electricity markets would be roiled by uncertainty if the U.S. Supreme Court doesn't undo the Federal Energy Regulatory Commission's revocation of an incentive for power companies that are required to be members of a regional transmission organization.
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October 06, 2025
Land Buying Co. Hit With TCPA Suit In NC
A North Carolina-based land buying company wrongfully sent unsolicited text messages to people who were on the National Do Not Call Registry, according to a proposed class action filed in North Carolina federal court.
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October 06, 2025
Justices Won't Hear Coinbase's Calif. Arbitration Challenge
The U.S. Supreme Court on Monday declined to take up a case from Coinbase over whether federal arbitration laws preempt a California high court precedent that enabled a group of users to keep the crypto exchange in court over claims it misrepresented the security of its platform.
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October 06, 2025
Justices Won't Review Blacklisting Case Against LegitScript
The U.S. Supreme Court refused Monday to review a bid from LegitScript to duck an antitrust case accusing it of blacklisting a drug price checking website despite contentions that it facilitates illegal imports of prescription drugs.
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October 06, 2025
Justices Won't Hear Nissan Sunroof Defect Class Spat
The U.S. Supreme Court on Monday declined to take up Nissan North America Inc.'s bid to unravel certified classes of drivers alleging the automaker sold vehicles with defective panoramic sunroofs, a case that sought additional clarity on standards that might allow uninjured plaintiffs to pursue class claims against corporate defendants.
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October 03, 2025
Up First At High Court: Election Laws & Conversion Therapy
The U.S. Supreme Court will hear oral arguments in six cases during the first week of its October 2025 term, including in disputes over federal candidates' ability to challenge state election laws, Colorado's ban on conversion therapy, and the ability of a landlord to sue the U.S. Postal Service for allegedly refusing to deliver mail.Â
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October 03, 2025
SEC Lands $4M Judgment In Advisory Firm Fraud Case
A defunct investment advisory firm is on the hook for a $2 million civil penalty and, together with its former co-owner, another $2 million in disgorgement as part of a resolution of a U.S. Securities and Exchange Commission suit accusing the co-owner of siphoning funds from her elderly female advisory clients.
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October 03, 2025
'Self-Inflicted' Harm Can't Prop Up Ill. Publicity Suit
An Illinois federal judge has tossed a proposed class action accusing people search site InfoTracer of illegally using individuals' names and likenesses to advertise its products, finding that the only harm alleged was "self-inflicted" because the plaintiff had failed to show that anyone other than her own counsel had searched for her information.
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October 03, 2025
Google Ad Tech Judge: 'We Don't Know' Breakup Buyer
A Virginia federal judge questioned Friday whether the breakup of Google's advertising placement technology business sought by the U.S. Department of Justice would benefit website publishers as a government witness asserted.
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October 03, 2025
Meta Gets Facebook Ad Overcharging Suit Tossed, For Now
A California federal judge on Friday dismissed a proposed class action from Iron Tribe Fitness claiming Meta Platforms Inc. secretly overcharged Facebook advertisers $4 billion by using an undisclosed auction system, but gave the fitness company the opportunity to submit a bolstered complaint.
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October 03, 2025
4 Top Supreme Court Cases To Watch This Term
After a busy summer of emergency rulings, the U.S. Supreme Court will kick off its October 2025 term Monday with only a few big-ticket cases on its docket — over presidential authorities, transgender athletes and election law — in what might be a strategically slow start to a potentially momentous term. Here, Law360 looks at four of the most important cases on the court's docket so far.
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October 03, 2025
FCC Hears Prison Phone Companies' Calls To Drop Rate Caps
The Federal Communications Commission wants to drop the rate caps that the previous administration's FCC set for prison phone services, according to an announcement Friday from the agency.
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October 03, 2025
6th Circ. Will Hear Ohio PBM Fight Arguments In December
The Sixth Circuit will hear arguments from the state of Ohio and the pharmacy benefit managers it's accusing of colluding to raise the price of prescription medications in December to decide whether the matter belongs in state or federal court.
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October 03, 2025
Politico Data Tracking Suit Sent Back To Calif. State Court
A California federal court has thrown out a proposed class action against Politico claiming the online news outlet unlawfully installed third-party trackers on users' browsers to collect data and personally identifying information without their consent, sending the case back to state court.
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October 03, 2025
High Court Broker Negligence Case 'Pivotal' For Trucking
The U.S. Supreme Court grabbed an opportunity to smooth out splintered circuit court rulings on whether freight brokers might also be liable for roadway accidents that have killed or injured people, potentially providing long-sought clarity to middlemen in a trucking and logistics sector unnerved by recent supersized verdicts against carriers and drivers.
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October 03, 2025
Wells Fargo To Pay $33M To End 'Free Trial' Scam Suit
Wells Fargo agreed to pay $33 million to resolve allegations it played a supporting role in two "free trial" marketing ploys that pulled $200 million from consumers, schemes that were the subject of since-settled Federal Trade Commission cases brought in 2018 against Triangle Media Corp. and Apex Capital Group LLC.
Expert Analysis
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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.
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Series
Playing Baseball Makes Me A Better Lawyer
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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Wells Fargo Suit Shows Consumer Protection Limits In Mass.
The Massachusetts Appeals Court's May decision in Wells Fargo Bank v. Coulsey underscores that consumer rights are balanced against the need for closure, and even the broad protections of state consumer protection law will not open the door to relitigating the same claims, say attorneys at Greenberg Traurig.
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Series
Ohio Banking Brief: All The Notable Legal Updates In Q2
Ohio's financial services sector saw several significant developments in the second quarter of 2025, including a case that confirmed credit unions' setoff rights, another that established contract rights between banks and cardholders, and the House passage of a digital asset bill, say attorneys at Frost Brown.
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Managing Risks As State AGs Seek To Fill Enforcement Gap
Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.
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Breaking Down Novel Va. Social Media Law For Minors
While a Virginia bill passed in May is notable for setting a one-hour daily limit on minors' use of social media, other provisions create compliance burdens for social media operators and app store providers, and increase privacy and security risks associated with the collection of sensitive information to prove identity, says Jenna Rode at Hunton.
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Litigation Inspiration: How To Respond After A Loss
Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.
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FDA's Hasty Policymaking Approach Faces APA Challenges
Though the U.S. Food and Drug Administration has abandoned its usual notice-and-comment process for implementing new regulatory initiatives, two recent district court decisions make clear that these programs are still susceptible to Administrative Procedure Act challenges, says Rachel Turow at Skadden.
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DOJ Crypto Enforcement Is Shifting To Target Willfulness
Three pending criminal prosecutions could be an indication of how the U.S. Department of Justice's recent digital assets memo is shaping enforcement of the area, and show a growing focus on executives who knowingly allow their platforms to be used for criminal conduct involving sanctions offenses, say attorneys at Gibson Dunn.
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How NJ's Proposed Privacy Rules Could Reshape AI Data Use
Although not revolutionary, New Jersey's proposed privacy rules would create obligations around the management and processing of consumer personal data that will require careful planning before they can be successfully implemented, say attorneys at Norton Rose.
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The Metamorphosis Of The Major Questions Doctrine
The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.
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Business Takeaways Following CCPA Enforcement Actions
Advisories and recent enforcement activity by the California Privacy Protection Agency against Honda and Todd Snyder underscore the agency's enforcement interest in the intersection of data minimization and consumer rights, and could make it more challenging for a business to provide a streamlined consumer rights process, say attorneys at Covington.
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Compliance Lessons From 1st-Ever Product Safety Sentences
A California federal judge’s recent sentencing of two former Gree USA executives in a landmark Consumer Product Safety Act case serves as a reminder of the federal government’s willingness to pursue criminal prosecution of individuals who fail to report safety hazards, as well as companies’ need to strengthen their reporting and compliance programs, say attorneys at Cooley.