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Consumer Protection

October 29, 2026
9th Circ. Ruling Dooms Sports Betting Suit, Washington Says

Prediction market operator Underdog's contention that its sports-based event contracts are not subject to Washington state gambling laws is doomed under a recent Ninth Circuit ruling holding otherwise, the Evergreen State told a Washington federal judge.
October 29, 2026
Homebuyers Defend Third Zillow Suit Over Loan Kickbacks

A group of homebuyers urged a Washington federal judge to uphold a third amended complaint alleging Zillow paid kickbacks to brokers who steered homebuyers to use the company's mortgage services, driving up the cost of home loans and purchases overall.
October 29, 2026
BREAKING: States Say GM Will Pay $220M To Settle Driver Privacy Claims

Attorneys general said Thursday that General Motors will pay $220 million to three dozen states to settle claims that it illegally sold nearly 10.3 million drivers' behavior data and location information to third parties, including data brokers that passed it on to insurers.
October 29, 2026
5th Circ. Will Review Texas Content-Filtering Law Ruling

The Fifth Circuit has granted Texas' request for an en banc rehearing of a July panel opinion that partly upheld a block on the state's new law requiring companies to filter content for underage users.
October 28, 2026
RNC Files New Suit Over FCC's Campaign Ad Rates

The Republican National Committee, Republican Party of Texas and several Republican candidates Wednesday filed a fresh suit over the Federal Communications Commission's longtime requirement that broadcasters charge the lowest political ad rates for committees tied to candidates, calling it "a drag on First Amendment freedoms."
October 28, 2026
CFTC's Selig Vows 'Grounded' Oversight Of Agentic Finance

U.S. Commodity Futures Trading Commission Chairman Michael Selig said Wednesday that his agency plans to take a "grounded" approach to agentic finance that's also mindful of the risks it poses and courted industry feedback on how to address the rise of artificial intelligence in derivative markets.
October 28, 2026
Landlord's Suit Over Seattle Tenant Laws Revived On Appeal

A Washington Court of Appeals panel has reinstated a real estate company's challenge to a string of Seattle landlord-tenant laws, finding the firm has adequately detailed how the contested ordinances stunted its property rights as the owner of a downtown affordable housing development.
October 28, 2026
Product Liability's Regulatory & Legislative Recap So Far

Over the summer and early fall, lawmakers proposed measures aimed at putting safeguards around the rapidly growing industry of artificial intelligence, as public concerns over its safety climb in tandem. The new nominee to head the U.S. Food and Drug Administration also faced sharp queries over her views on vaccines and birth control.
October 28, 2026
PayPal's Financial Offerings Are Under Fresh FTC Scrutiny

PayPal has disclosed that it is facing a Federal Trade Commission investigation into its financial products and services, including marketing, fees and purchase protections.
October 28, 2026
CFPB Audit Flags Cybersecurity Gaps Amid Staff Departures

The Consumer Financial Protection Bureau has failed to promptly fix serious cyber weaknesses and consistently track data in its possession as staffing losses have hampered the agency's ability to safeguard its systems, according to a federal watchdog audit released Wednesday.
October 28, 2026
Patients Seek OK Of Connecticut Rehab Data Breach Deal

Patients accusing a Connecticut medical rehab network of waiting almost a year to disclose a cyberattack have asked a state court judge to preliminarily bless a deal that would provide about 61,000 people up to $2,500 in cash, plus $1 million in identity theft insurance.
October 28, 2026
Missouri, Louisiana Sued By Prediction Market Giants

Missouri and Louisiana are the latest states to become embroiled in litigation with event contract platforms, after Kalshi and Polymarket sued them, respectively, to prevent pending enforcement action.
October 28, 2026
Jury Selection Starts In 2nd Social Media Bellwether In LA

Jury selection began Wednesday in a California courtroom for the second bellwether trial focused on allegations that major social media companies are harming the mental health of children, with Meta Platforms Inc. returning to the defense table next to Snap Inc., which is facing jurors on the claims for the first time.
October 28, 2026
Shipbuilder Must Face Bridge Wreck Suit In US, 3rd Circ. Told

The Dali cargo ship's owner and manager told the Third Circuit on Wednesday that a Pennsylvania federal judge improperly tossed their lawsuit alleging South Korean shipbuilder HD Hyundai Heavy Industries Co. Ltd. designed and built a "fatally flawed" ship that subsequently slammed into Baltimore's Francis Scott Key Bridge.
October 28, 2026
'Lessons Learned': 9th Circ. Judge Doubts Uber Clawback Bid

A Ninth Circuit judge doubted Uber's request Wednesday to claw back 42 documents inadvertently produced in sexual assault multidistrict litigation during its attorney-client privilege rereview, telling counsel, "At a certain point, we have to say stop, put your pencils down," and asking why this shouldn't be "an example of lessons learned."
October 28, 2026
Full 4th Circ. Won't Rehear Boeing Investor Class Ruling

The Fourth Circuit on Wednesday denied a request from Boeing investors for the full court to rehear a panel's decision overturning class certification in a suit against the aerospace company over its alleged concealment of safety issues with its 737 Max fleet.
October 28, 2026
Denver Law Firm Sued Over Delayed Data Breach Notice

A Denver law firm was hit with a proposed class action in Colorado federal court Tuesday from an Oklahoma man accusing it of allowing his and thousands of others' personally identifiable information to be stolen in a cyberattack.
October 28, 2026
FTC Probes Delta, Uber, Others Over Data-Driven Pricing

The Federal Trade Commission is pressing Delta, Uber, Target and a half-dozen other companies to detail how they're using personal data to set individualized pricing for consumers and compensation for workers, marking the latest escalation of the agency's growing scrutiny of the increasingly prominent business practice.
October 28, 2026
Watchdog Seeks Privacy Guardian In Character.AI Ch. 11 Sale

The U.S. Trustee's Office said a Delaware bankruptcy judge must appoint a consumer privacy ombudsman to review the sale of artificial intelligence entertainment platform Character Technologies' assets, saying its Character.AI platform includes identifiable information from users' chats.
October 28, 2026
4th Circ. Judge Sees 'Big Brother' In Va. Social Media Limits

A Fourth Circuit judge Wednesday expressed concern with a Virginia law limiting children's access to social media, telling counsel for the commonwealth that the provision has a "Big Brother atmosphere" to it and suggesting he'd back the district court's injunction halting enforcement of the regulation.
October 28, 2026
9th Circ. Open To Decertifying BofA COVID Fee-Relief Class

A Ninth Circuit panel appeared open Wednesday to decertifying a class of Bank of America account holders who allege the bank abruptly ended a COVID-19 fee-relief program without notice, with all three judges criticizing the class definition for being overly broad, and two judges suggesting individualized issues predominate.
October 28, 2026
Cruise Co. Settles Fla. Doc's Whistleblower Suit Over Billing

A Florida doctor said he reached a quick settlement with Norwegian Cruise Lines Holdings Ltd. one month after filing his lawsuit alleging he was fired for opposing the company's practice of overbilling passengers, the state's federal court records show.
October 28, 2026
Wash. Gov. Creates Fraud Post, Backs Broader Medicaid FCA

As part of a push to expand fraud prevention efforts in Washington, Gov. Bob Ferguson signed an executive order Tuesday to create a new chief fraud prevention officer position and a statewide fraud prevention work group, also announcing forthcoming legislation that would broaden the state's Medicaid False Claims Act.
October 28, 2026
DraftKings Fights Bid To Link Bettor Suit To Promos Action

DraftKings Inc. urged an Illinois federal court to not reassign an Illinois man's personal injury action over his sports gambling addiction to a judge in the district overseeing a separate proposed class action challenging DraftKings' advertising practices, arguing they are materially different.
October 28, 2026
YouTuber Sues Broker Over Logan Paul Defamation Coverage

A YouTube investigator who called influencer and professional wrestler Logan Paul's cryptocurrency project a scam sued insurance brokers, alleging they failed to procure an insurance policy that would have provided defense coverage for Paul's defamation suit.

Editor's Picks

Fed. Circ. Panel Backs Invalidation Of OxyContin Patent

The Federal Circuit on Monday upheld a Delaware federal court's decision that deemed invalid a Purdue Pharma patent covering an abuse-deterrent version of the opioid OxyContin, rebuffing the company's arguments that the lower court got its obviousness analysis wrong.
Fed. Circ. Questions Specificity Needed In Oxy IP Invalidation

A Federal Circuit panel expressed frustration with attorneys from both Purdue Pharma LP and generic-drug maker Accord Healthcare Inc. Wednesday as it tried to navigate whether the Delaware district court order invalidating Purdue's abuse-deterrence patent was explicit enough.

Expert Analysis

How To ID And Respond To 5 Types Of Misleading Witnesses

Witnesses can mislead fact-finders using a variety of tactics — from strategic amnesia to manufactured ignorance — but lawyers can learn how to identify and expose this testimony to come out on top, says Allison Rocker at Baker McKenzie.
Midterm Elections Outlook For Financial Services

A change in congressional control after the upcoming midterm elections could bring about slower regulatory approvals, intensified oversight and shifting enforcement priorities for the financial services industry, say attorneys at Covington.
New Manhattan DA Task Force Puts Antitrust In Its Crosshairs

The Manhattan District Attorney's Office's new corporate crime and antitrust task force is adding local criminal enforcement to a field long led by federal authorities, meaning companies need to account for potential parallel federal and state antitrust investigations when responding to misconduct, say attorneys at Ropes & Gray.
Right-To-Repair Laws Create Manufacturer Compliance Maze

Without existing precedent to help interpret new right-to-repair laws, original equipment manufacturers must make careful judgments about how best to comply with conflicting state statutes — but several principles related to documentation, replacement products and more emerge from the patchwork, say attorneys at Faegre Drinker.
3 Strategies To Reduce AI Sycophancy In Legal Work

The tendency of generative artificial intelligence models to tell users what they want to hear can reinforce attorneys’ confirmation bias when testing the strength of arguments, and it can’t simply be prompted away — but a few practices can help mitigate it, says Michael Ott at Ice Miller.
AI Risks May Recalibrate 'Reasonable Security' Standards

A definitive answer to what constitutes reasonable vulnerability management in the age of artificial intelligence is still emerging, but the answer is likely less a reset of the standard than a recalibration of how organizations meet it, say Scott Loughlin at Hogan Lovells and Mike Priest at Globe Life.
DOJ Directive Gives Contractors A Fraud Risk Road Map

For government contractors, the 10 factors described in the U.S. Department of Justice's recent corporate fraud enforcement directive function as a de facto scoring rubric for internal audits that mirrors what prosecutors will prioritize, say attorneys at Spencer Fane.
Key Risk Assessment Gaps To Note From NY Cyber Guidance

Covered entities should take a fresh look at the compliance gaps flagged in recent New York State Department of Financial Services guidance on "deficient cybersecurity programs," particularly around scope, asset inventories and documentation, say attorneys at Mayer Brown.
FTC's Changing Model Raises Questions About Its Mission

Federal Trade Commission leaders have recently sketched a vision of an agency that continues an enforcement role distinct from the U.S. Department of Justice's, even as a shift toward greater presidential control makes enforcement more responsive to changes in administrations, say attorneys at Wiley.
2nd Circ. EFAA Ruling Shifts Employer Litigation Strategy

In Diaz-Roa v. Hermes Law, the Second Circuit recently held that, under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, employers can't carve out nonharassment claims and send them to arbitration, which has implications for discovery, litigation costs and resolution strategy in EFAA-covered disputes, say attorneys at Krevolin Horst.
How Bank Lobby's Suit Tests OCC's Crypto Charter Powers

The Independent Community Bankers of America’s recent lawsuit challenging the Office of the Comptroller of the Currency’s ability to charter cryptocurrency companies marks another chapter in the struggle over the appropriate regulatory framework for digital assets, while raising a classic administrative law question at its most basic level, say attorneys at Ballard Spahr.
New Calif. Law Ties Finance Contracts To State Licensing

Under a California law taking effect in 2028, commercial financing licensing requirements have been substantially expanded — meaning that fintechs relying on limited regulatory enforcement will face risk from their own borrowers, who could use licensing failures to resist repayment, say attorneys at Husch Blackwell.
Frozen Potato Ruling Highlights Data-Sharing Antitrust Risk

A recent Illinois federal court decision allowing key claims against frozen potato producer competitors to proceed illustrates the vulnerability of highly concentrated industries to antitrust exposure through aggregated data sharing, say attorneys at Foley & Lardner.
How FCC Robocall Rules Reshape TCPA Opt-Out Compliance

The Federal Communications Commission's recent changes to its Telephone Consumer Protection Act rules may simplify how businesses process consumer opt outs for robocalls and robotexts, but they also introduce nuances to the opt-out process that may be challenging to operationalize, say attorneys at Hunton.
PFAS Ruling Extinguishes A Policyholder Path To Coverage

Following an Ohio federal court's recent ruling in Fire-Dex v. Admiral Insurance, policyholders whose PFAS exposure is concentrated in workplace products will see bids for coverage fail under the occupational-disease exclusion, giving insurers a defense well suited for the category of claims that has been most resistant to pollution exclusions, say attorneys at Benesch.