Competitor’s Privilege A Competitive Advantage? Only If There’s Not Improper Means!

On August 21, 2026, the Tenth Circuit granted the NCAA’s stay request in Wisne v. NCAA, temporarily restoring the NCAA’s age-based eligibility rules pending resolution of the appeal. Three weeks earlier, Judge Sweeney of the District of Colorado had issued a nationwide injunction that permitted athletes in the Class of 2022 to pursue a fifth year of eligibility.

The top ten largest class action settlements in securities cases in the U.S. have recouped tens of billions of dollars in damages.

A federal court in California denied preliminary approval of a $2.3 million data breach settlement affecting over 220,000 individuals, finding seven critical deficiencies in the proposed agreement. The decision highlights the rigorous scrutiny courts apply to class action settlements, particularly regarding claims-made distribution processes, inadequate documentation of settlement value, and unexplained disparate treatment among class members.

A federal court rejected TikTok's attempt to use two prior nationwide class action settlements—totaling over $93 million—to dismiss new privacy claims brought by minors alleging violations of the Children's Online Privacy Protection Act. The ruling hinged on whether the current plaintiffs were demonstrably members of the earlier settlement classes based solely on the pleadings, raising critical questions about the scope and enforceability of broad settlement releases in successive privacy litiga

Concora Credit has agreed to pay $9.375 million to settle a TCPA class action lawsuit over wrong number robocalls, with prominent TCPA attorney Mike Greenwald securing another major victory. The settlement includes over $5 million for approximately 147,000 class members, $3 million in attorney fees, and a commitment to spend at least $1 million on TCPA compliance over three years.

The New Jersey Supreme Court refused to allow a respondent to benefit from its refusal to pay arbitration fees in Roach v. BM Motoring, LLC, 2017 WL 931430 (NJ March 9, 2017).

A federal judge in Florida has ruled that cell phone users cannot sue under the TCPA's do-not-call provisions, determining that the FCC exceeded its authority when it extended protections to wireless subscribers in 2003. The decision challenges decades of regulatory interpretation and could fundamentally reshape telecommunications privacy litigation if adopted by other courts.

The Fifth Circuit's en banc decision in Sterling v. City of Jackson tests whether residents exposed to lead-contaminated municipal drinking water can sue under Section 1983 for substantive due process violations. In a 10-5 ruling, the court held that environmental harms caused by government mismanagement belong to tort law and the political process, not constitutional claims, creating a significant circuit split with implications for how environmental compliance failures by public officials are litigated.

A company that receives a demand letter under California’s Consumers Legal Remedies Act (CLRA) should assume that a California consumer class action may be coming.

A federal court granted Disney's motion to compel arbitration in an antitrust class action, allowing the company to invoke fuboTV's subscriber terms of service after acquiring a 70% stake in the streaming platform. The ruling demonstrates how corporate mergers can fundamentally alter litigation strategy by enabling non-signatories to enforce arbitration agreements containing "future affiliates" provisions.

Texas is ramping up oversight of data center projects as Governor Abbott's directive adds new review requirements to an already complex interconnection process. The policy debate now encompasses transmission infrastructure, water resources, tax incentives, and community impacts. With the 2027 legislative session approaching, stakeholders in Texas's booming data center industry face an evolving regulatory landscape that could fundamentally reshape how large-scale digital infrastructure projects are developed

Businesses operating websites and mobile applications have faced a growing wave of lawsuits under the California Invasion of Privacy Act (CIPA), a 1967 statute enacted long before the modern internet. Plaintiffs increasingly argue that common website technologies—including cookies, pixels, and analytics tools—violate CIPA provisions originally aimed at wiretapping, eavesdropping, and pen registers.

The U.S. government has released a sweeping new policy that prohibits federal funding for "dangerous gain-of-function research" and establishes unprecedented oversight requirements for life sciences research involving biological agents. Research institutions must now evaluate all proposed and ongoing federally funded projects against expanded risk criteria, implement new review structures, and monitor even non-federally funded research...

Tennessee's Board of Water Quality, Oil and Gas has adopted significant amendments to the state's Aquatic Resource Alteration Permit rules, fundamentally changing how isolated wetlands are regulated following the Supreme Court's Sackett decision. The new regulations establish a tiered system for wetland alterations based on ecological quality, with streamlined permitting processes and expanded exemptions for certain construction activities. These changes promise to reduce regulatory burden on developers whi

An HHS Office of Inspector General audit of Methodist Hospital in San Antonio reveals how a review of just 100 claims led to a $12.4 million overpayment recommendation through statistical extrapolation. The audit targeted specific high-risk billing areas including Inpatient Rehabilitation Facility claims, certain diagnosis-related groups, and outpatient billing patterns, uncovering documentation and coding compliance issues that hospital leadership should examine within their own Medicare claims.

Texas Governor Abbott has directed comprehensive audits of all data centers before they can connect to the ERCOT grid, creating immediate uncertainty for large load developers.

On May 23, the U.S. Department of the Treasury's Community Development Financial Institutions Fund (CDFI Fund) awarded 73 Community Development Entities

The National Institutes of Health has issued a Request for Information on a draft policy that would mandate researchers share plain-language study results with clinical research participants. The proposed requirement would apply broadly to all NIH-supported clinical research and could create significant operational challenges for academic medical centers with large research portfolios. Public comments are due October 26, 2026, providing institutions an opportunity to address practical implementation concern

Governor Greg Abbott has directed Texas energy regulators to conduct a comprehensive verification and audit of data center projects in ERCOT's interconnection queue. With approximately 90 percent of the 474 gigawatts in connection requests tied to data centers, this directive aims to ensure all projects meet applicable requirements before advancing through the interconnection process.

Readers of Law360 may recall a 2014 story about a Texas jury that rendered a $34 million dollar verdict against OneBeacon Insurance Company.