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18 entries in Litigator Tracker

LawSnap Briefing Updated October 8, 2026

State of play.

Where things stand.

  • State AGs are the dominant antitrust enforcement vector in media consolidation. The 12-state coalition challenging the Paramount–Warner Bros. deal directly contradicts the DOJ's June 2026 clearance, testing whether states can obtain injunctive relief against a federally approved transaction under the Clayton Act (→ 12 State AGs Sue to Block $110B Paramount-Warner Bros. Discovery Merger). The Nexstar–TEGNA litigation has moved into contempt territory, with the court enforcing hold-separate obligations against alleged board-composition circumvention (→ California AG Says Nexstar and Tegna Are Violating Court’s Merger Block).
  • FTC enforcement is concentrated on consumer-facing fraud, not structural merger review. Chairman Ferguson's posture emphasizes junk fees, subscription traps, and dark patterns; the Hims & Hers action is the most recent concrete filing under this framework, combining health-data privacy and ROSCA billing violations (→ FTC, Utah, and California Sue Hims & Hers Over Health Data and Billing Practices, FTC, Utah, and California Sue Hims & Hers Over Health Data Sharing, FTC, California, and Utah Sue Hims & Hers Over Health Data and Billing Practices).
  • The FTC's junk fee rule is in force and generating litigation. The Rule on Unfair or Deceptive Fees, effective May 12, 2025, requires upfront total-price disclosure for live-event tickets and short-term lodging. Class actions and mass arbitrations alleging drip pricing have spiked, with exposures exceeding $10 million per case; California's SB 478 adds per-violation penalties .
  • Surveillance pricing remains the fastest-moving antitrust-adjacent enforcement frontier. The FTC's Section 6(b) study is ongoing; more than 40 state bills targeting individualized algorithmic pricing have been introduced in 2026; the House Oversight Committee has issued formal document demands to travel and platform companies .
  • State AGs are operating as an independent enforcement layer across sectors. Actions include the Washington AG suing Albertsons and Safeway for deceptive promotions, the DC AG targeting rental junk fees, the Louisiana AG securing a $45 million CVS settlement over PBM anticompetitive pricing, and 23 Republican AGs challenging credit rating agencies on ESG-linked antitrust grounds .
  • Connecticut's AG has applied existing antitrust and consumer protection statutes directly to AI conduct, including algorithmic price-fixing and deceptive AI claims, without waiting for AI-specific legislation — a template other state AGs are positioned to follow .
  • California's fraudulent transfer theory in PFAS litigation is expanding the perimeter of corporate restructuring liability. The Second Amended Complaint reaches a newly created spinoff, Qnity Electronics, and targets post-spinoff MOU amendments as additional liability-shifting mechanisms — a theory that will influence how restructuring counsel document and structure spinoffs in contamination-adjacent industries (→ California expands PFAS fraud case against DuPont spinoffs over asset transfers).
  • The CoStar–CREXi conflict-of-interest dispute is producing Ninth Circuit guidance on concurrent conflicts. Quinn Emanuel's disqualification for simultaneously representing both CoStar and CREXi in the same matter is now on appeal, with the question of whether the trial-level case proceeds in parallel creating strategic pressure on both sides (→ CREXi asks 9th Circuit to reverse Quinn Emanuel disqualification in CoStar case, CoStar Fights CREXi Bid To Stay Suit Over Quinn Emanuel DQ).
  • The FTC has proposed a policy statement asserting federal preemption of state AI accuracy mandates, framing ideological manipulation of AI outputs as an unfair or deceptive practice under Section 5 and targeting state laws like Colorado's AI Act as preempted (→ FTC Seeks Public Comment on AI Policy Statement Curbing Ideological Manipulation).

Latest developments.

Active questions and open splits.

  • Can state AGs block a merger that federal regulators have cleared? The Paramount–Warner Bros. suit tests whether a 12-state Clayton Act challenge can obtain injunctive relief against a DOJ-approved transaction — a question with no settled answer and enormous implications for deal certainty in media and other concentrated industries (→ 12 State AGs Sue to Block $110B Paramount-Warner Bros. Discovery Merger).
  • How far do hold-separate orders reach into corporate governance? The Nexstar–TEGNA contempt posture tests whether board composition and governance decisions during pending litigation can constitute a violation of a hold-separate injunction — and what remedies courts will impose when they find circumvention (→ California AG Says Nexstar and Tegna Are Violating Court’s Merger Block).
  • Does the Hims & Hers complaint define the FTC's enforcement standard for health-data sharing with ad platforms? The complaint's theory — that pixel-based tracking technologies transmitting health data to Meta and Snap violate FTC Act Section 5 and ROSCA — has not been litigated to judgment; the scope of the "privacy commitment" that triggers liability is unsettled (→ FTC, Utah, and California Sue Hims & Hers Over Health Data and Billing Practices, FTC, Utah, and California Sue Hims & Hers Over Health Data Sharing).
  • Can California's voidable transactions theory reach post-spinoff corporate reorganizations in PFAS litigation? The Second Amended Complaint's extension to Qnity Electronics and post-spinoff MOU amendments is a novel application of the Uniform Voidable Transactions Act; if sustained, it creates a template for reaching newly created entities in any restructuring designed to shed environmental liability (→ California expands PFAS fraud case against DuPont spinoffs over asset transfers).
  • Where does lawful dynamic pricing end and unlawful surveillance pricing begin? The FTC and state legislators are drawing a line between market-condition pricing and consumer-data-driven individualized pricing, but no enforcement action has yet defined the boundary with precision — leaving companies using algorithmic pricing tools in a compliance gray zone .
  • Does the FTC's proposed AI accuracy policy statement preempt state AI mandates? The FTC's assertion that ideological output manipulation violates Section 5 — and that state laws like Colorado's AI Act are preempted — has not been tested; the final policy statement's legal authority and preemptive scope are both unsettled (→ FTC Seeks Public Comment on AI Policy Statement Curbing Ideological Manipulation).
  • How will the Ninth Circuit resolve the concurrent-conflict standard in CoStar–CREXi? The Quinn Emanuel disqualification turns on whether simultaneous representation of adverse parties in separate matters — as opposed to the same matter — triggers per se disqualification or a more flexible analysis; the Ninth Circuit's ruling will affect how large firms manage multi-client portfolios in overlapping commercial disputes (→ CREXi asks 9th Circuit to reverse Quinn Emanuel disqualification in CoStar case, CoStar Fights CREXi Bid To Stay Suit Over Quinn Emanuel DQ).

What to watch.

  • Whether the Paramount–Warner Bros. court sets a trial date before or after the September 30, 2026 merger closing deadline — and whether the $650 million quarterly ticking fee creates settlement pressure before trial.
  • Whether the Nexstar–TEGNA court imposes contempt sanctions or board-composition remedies, which would establish the enforcement template for hold-separate violations in future media mergers.
  • Whether the FTC finalizes the AI accuracy policy statement following the July 31 comment period and whether any state AG challenges the preemption theory in court.
  • Whether the South Carolina federal court sustains California's voidable transactions theory against Qnity Electronics — a ruling that would accelerate similar claims in other PFAS and environmental liability restructurings.
  • Whether the Ninth Circuit grants CREXi's stay request in the Quinn Emanuel disqualification appeal, and what the appellate panel signals about the concurrent-conflict standard at oral argument.
  • Whether the FTC issues formal enforcement guidance or a final rule following the Section 6(b) surveillance pricing study — that guidance will define the compliance standard for algorithmic pricing across retail, hospitality, and platform sectors.

18 Contributing Entries

California expands PFAS fraud case against DuPont spinoffs over asset transfers

California Attorney General Rob Bonta filed a Second Amended Complaint in the state's PFAS litigation, alleging that DuPont-related companies executed fraudulent asset transfers designed to shield themselves from environmental liability. The complaint targets E. I. du Pont de Nemours and Company, DuPont de Nemours, Inc., Corteva, Inc., The Chemours Company, and newly created Qnity Electronics. Bonta contends that corporate restructuring and amended agreements shifted the bulk of PFAS-related liabilities onto Chemours while reducing exposure for New DuPont, Corteva, and Qnity Electronics. The filing invokes the Uniform Fraudulent Transfer Act and the Uniform Voidable Transactions Act, and seeks relief in U.S. District Court for the District of South Carolina.

AI-Driven Layoff Tools Draw Scrutiny Over Pregnancy Bias

A wave of enforcement scrutiny and legal analysis is now focused on AI-driven employment systems that may embed discrimination in hiring, promotion, scheduling, and layoff decisions—particularly affecting pregnant workers and those on protected leave. The core problem is structural: workers see the outcome of these algorithmic decisions but not the reasoning behind them, making it difficult to detect unlawful bias or mount a legal challenge under existing antidiscrimination statutes.

FTC, Utah, and California Sue Hims & Hers Over Health Data and Billing Practices

The FTC, joined by Utah and California, sued telehealth company Hims & Hers Health, Inc. on July 29, 2026, in U.S. District Court for the Northern District of California. The complaint alleges that Hims shared consumers' sensitive health information with third-party ad platforms including Meta and Snap despite privacy commitments, and that it charged customers for prescriptions immediately after intake forms were completed—before any provider consultation occurred. The agencies also claim Hims misled customers about billing, subscriptions, and cancellation procedures. The FTC alleges violations of the FTC Act and the Restore Online Shoppers' Confidence Act (ROSCA), while Utah and California assert violations of state consumer protection and false-advertising statutes.

12 State AGs Sue to Block $110B Paramount-Warner Bros. Discovery Merger

On July 13, 2026, a coalition of 12 state attorneys general filed a federal antitrust lawsuit challenging Paramount Skydance Corporation's $110 billion acquisition of Warner Bros. Discovery. Led by California Attorney General Rob Bonta and joined by officials from Minnesota, Oregon, and nine other states, the plaintiffs argue the merger violates the Clayton Act by eliminating competition between two of Hollywood's five major film distributors and cable operators. The states contend the deal would raise movie ticket and cable prices, reduce employment in the entertainment sector, and diminish consumer choice in news and entertainment programming.

FTC, California, and Utah Sue Hims & Hers Over Health Data and Billing Practices

The Federal Trade Commission, joined by California and Utah, has sued telehealth company Hims & Hers Health, Inc. in U.S. District Court for the Northern District of California, alleging that the company shared sensitive health data with advertising platforms including Meta and Snap while marketing itself as private and discreet. The complaint also charges Hims with deceptive subscription practices, including charging customers immediately after intake forms were submitted—before any medical consultation occurred—and making cancellation unreasonably difficult. The FTC alleges violations of the FTC Act and the Restore Online Shoppers' Confidence Act, while California invokes its False Advertising and Unfair Competition Laws and Utah cites its Consumer Sales Practices Act.

FTC, Utah, and California Sue Hims & Hers Over Health Data Sharing

The FTC, joined by Utah and California, filed a federal complaint in the U.S. District Court for the Northern District of California against Hims & Hers Health, Inc., alleging the telehealth company shared consumers' sensitive health information with third-party advertising platforms including Meta and Snap while publicly promising privacy protection. The complaint also charges that Hims & Hers misled users about billing and cancellation practices. According to the filing, the company disclosed health-related data and customer lists through tracking technologies embedded on its website, charged consumers for prescriptions immediately after intake forms were submitted—before any provider consultation occurred—and deliberately made subscriptions difficult to cancel. The FTC alleges violations of the FTC Act and the Restore Online Shoppers' Confidence Act (ROSCA), while Utah invokes the Utah Consumer Sales Practices Act and California cites its False Advertising and Unfair Competition laws.

CoStar Fights CREXi Bid To Stay Suit Over Quinn Emanuel DQ

CoStar is urging a California federal court to reject CREXi's request to pause their copyright dispute while CREXi appeals the disqualification of Quinn Emanuel Urquhart & Sullivan. Judge Consuelo B. Marshall of the Central District of California ruled on July 14, 2026, that Quinn Emanuel violated its duty of loyalty to CoStar by simultaneously representing CREXi in the same matter without CoStar's consent. CoStar argues the stay request lacks legal merit and should be denied outright.

CREXi asks 9th Circuit to reverse Quinn Emanuel disqualification in CoStar case

CREXi has petitioned the Ninth Circuit to reverse a federal judge's disqualification of Quinn Emanuel Urquhart & Sullivan and to stay district court proceedings while the appeal proceeds. U.S. District Judge Consuelo B. Marshall ruled that Quinn Emanuel could not represent CREXi because the firm simultaneously represented CoStar in a separate federal matter, creating an impermissible concurrent conflict of interest.

California AG Says Nexstar and Tegna Are Violating Court’s Merger Block

California Attorney General Rob Bonta and 13 state attorneys general filed a motion in U.S. District Court for the Eastern District of California asking the judge to enforce and clarify a hold-separate order in the Nexstar Media Group–TEGNA Inc. merger case. The filing alleges that recent board changes at TEGNA may allow Nexstar to exercise improper control over the company despite the court's injunction requiring both broadcasters to operate independently during litigation. The states argue that current or former Nexstar personnel should be barred from TEGNA's board to prevent the companies from coordinating merger-related activities.

12 State AGs File Antitrust Lawsuit to Block $110B Paramount-Warner Bros. Merger

On July 13, 2026, New Jersey Attorney General Jennifer Davenport joined a 12-state coalition filing an antitrust lawsuit in U.S. District Court for the Northern District of California to block Paramount Skydance Corporation's $110 billion acquisition of Warner Bros. Discovery. The states argue the merger violates federal antitrust law by substantially lessening competition in film and television. The coalition—led by attorneys general from California, New York, and Pennsylvania—is demanding that Paramount and Warner Bros. pause the transaction and has threatened to seek a temporary restraining order if the companies attempt to close the deal.

Bonta Leads 21-AG Push to Preserve SEC Climate Disclosure Rules

California Attorney General Rob Bonta and 21 state counterparts filed a formal comment letter with the SEC opposing the agency's 2026 proposal to rescind its 2024 climate disclosure rules. The rules require public companies to disclose climate-related financial risks, greenhouse gas emissions, and risk management strategies to investors. The SEC adopted the disclosure framework in March 2024 to standardize reporting on material climate risks, board oversight, and mitigation efforts. The agency's rescission proposal, filed in 2026, argues the rules exceed its statutory authority and impose excessive compliance costs.

Apple Sues OpenAI for Trade Secret Theft Over AI Hardware Plans

Apple sued OpenAI on July 10, 2026, in federal court in California, alleging the AI company systematically stole trade secrets to build competing consumer hardware and AI devices. The complaint names OpenAI's Chief Hardware Officer Tang Tan and two former Apple employees, accusing them of a coordinated scheme to recruit Apple staff and direct job candidates to bring proprietary components, prototypes, and engineering documents to interviews. Apple seeks damages, injunctions, and an order prohibiting OpenAI from using the stolen information.

Paramount Skydance Goes to Trial to Try to Save Its Warner Bros. Deal

Paramount Skydance, controlled by David Ellison, is bypassing a preliminary-injunction hearing and moving directly to trial on the merits in its bid to preserve the $81 billion acquisition of Warner Bros. Discovery. The strategy represents a calculated gamble: avoiding an early legal loss but accepting significant delay and mounting costs to keep the deal alive through a full antitrust trial.

12 States Sue to Block $111B Paramount-Warner Bros Merger After DOJ Approval

A coalition of 12 states filed suit in federal court on July 13, 2026, to block Paramount Skydance's $111 billion acquisition of Warner Bros. Discovery. Led by California Attorney General Rob Bonta, the states—California, New York, Washington, Arizona, Colorado, Connecticut, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, and Oregon—argue the merger violates the Clayton Act by creating monopolies in film distribution and cable news. The lawsuit represents the first major legal obstacle to the deal since the Department of Justice cleared it on June 12 after an eight-month antitrust review.

Writers Guild of America sues to block $111B Paramount-Warner Bros. Discovery merger

The Writers Guild of America filed suit in U.S. District Court for the Northern District of California on July 14, 2026, to block the $111 billion merger between Paramount Skydance and Warner Bros. Discovery. The union alleges the deal violates the Clayton Antitrust Act by creating a "single mega-buyer" that would suppress wages and reduce competition across episodic television, streaming series, and theatrical screenwriting markets. The filing came one day after twelve Democratic-led states, led by California Attorney General Rob Bonta, announced their own federal antitrust challenge to the same transaction.

Twelve Blue States Sue to Block Paramount-Warner Bros. Discovery Merger After DOJ Clearance

Twelve states led by California Attorney General Rob Bonta filed an antitrust lawsuit Monday to block Paramount Skydance Corp.'s acquisition of Warner Bros. Discovery, challenging an $81–$111 billion transaction. The states argue the merger would eliminate competition, raise prices for TV bundles, reduce content output and quality, and harm movie theaters and basic cable distributors. The defendants are Paramount Skydance, backed by David Ellison and sovereign wealth funds from Saudi Arabia, Qatar, and Abu Dhabi, and Warner Bros. Discovery, which owns HBO, CNN, and other major media properties. Arizona, Colorado, Connecticut, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, and Washington joined California in the suit.

Nike and Lululemon sued in California over alleged fake discount pricing

Nike and Lululemon face separate class action lawsuits alleging "phantom discount" pricing schemes on their online platforms. Both companies are accused of displaying artificially inflated struck-through prices to exaggerate the depth of sales discounts and mislead consumers about actual savings. Nike was sued on July 21, 2026 by Corinne Pearson in U.S. District Court for the Southern District of California over pricing on its website and mobile app. The complaint cites specific examples, including Air Max 2017 sneakers allegedly kept on discount beyond the 90-day window permitted under California's False Advertising Law without proper disclosure of when the original price was actually in effect. The proposed class covers California purchasers who bought Nike products at a discount since July 21, 2022. Lululemon faces a parallel suit filed by Annette Cody in Los Angeles Superior Court, which alleges the company listed products with fictitious regular prices. One example cited involves Wunder Train high-rise tights marked down from $98 to $59, allegedly without having sold at the higher price for months.

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