Attorney Wire Briefing: July 31, 2026
Includes J&J’s $5.5 billion talc settlement, Trump’s mail-voting appeal, Hims & Hers privacy litigation, and Meta youth-safety claims.
Good morning – it’s Friday, July 31, 2026.
Here are six key legal developments we’re following.
Estimated read time: 3 minutes
Lead Story
Johnson & Johnson Agrees to Talc Settlement Estimated at $5.5 Billion
What happened: Johnson & Johnson agreed to a proposed $5.5 billion settlement covering about 76,000 pending ovarian cancer claims. The deal requires acceptance by 95% of covered claimants. J&J continues to deny its talc products caused cancer.
Why it matters: The settlement follows three failed “Texas two-step” bankruptcy attempts. It excludes future claims, pays current claimants within 18 months, and leaves J&J exposed to future lawsuits.
Implication: Plaintiffs’ counsel must weigh settlement terms against increased causation risk. Defense counsel should watch whether excluding future claims influences other mass-tort settlements.
Read more: Reuters | Memorandum Opinion
The Docket
Trump Administration Asks Supreme Court to Stay Injunction Against Mail-Voting Order
The Trump administration asked the U.S. Supreme Court to stay a Massachusetts federal court injunction blocking parts of an executive order directing agencies to develop citizenship-verification lists and mail-ballot requirements. The request follows the First Circuit’s refusal to stay the injunction pending appeal.
Why it matters: The case tests presidential authority over federal election administration, with the emergency application centered on standing and ripeness. A stay would allow the challenged provisions to take effect during the appeal; a denial would leave the injunction in place through the November 2026 election.
Read more: New York Times | Emergency Application
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FTC, Utah and California Sue Hims & Hers Over Privacy and Subscription Practices
The FTC, Utah and California sued Hims & Hers, alleging it shared consumers’ sensitive health information with Meta, Snap and other advertising platforms through online tracking technologies and customer lists. The complaint also alleges FTC Act and ROSCA violations involving recurring subscriptions, immediate charges and difficult cancellations.
Why it matters: The lawsuit continues the FTC’s use of Section 5 to police digital-health privacy practices. It also shows regulators combining privacy, subscription, billing and cancellation claims in a single enforcement action.
Read more: Federal Trade Commission
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eBay, Former Executives Agree to $56 Million Harassment Settlement
eBay and several former executives agreed to pay nearly $56 million to settle a lawsuit by David and Ina Steiner, publishers of EcommerceBytes, over a 2019 cyberstalking campaign allegedly orchestrated in retaliation for their reporting. Former CEO Devin Wenig will contribute $1 million.
Why it matters: The settlement follows guilty pleas by seven former employees and eBay’s deferred prosecution agreement. It highlights the civil liability companies and executives face for coordinated employee misconduct and retaliation.
Read more: BBC | Stipulation of Dismissal
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Federal Judge Blocks Race-Based Portions of Houston Contracting Program
A federal judge permanently barred Houston and the Midtown Management District from enforcing race-based contracting provisions, finding they violated the Equal Protection Clause. The court held the defendants failed to identify specific past discrimination sufficient to sustain the city’s policies.
Why it matters: The ruling applies the Supreme Court’s Students for Fair Admissions vs. Harvard equal-protection analysis to municipal contracting and may encourage challenges to race-conscious procurement programs lacking evidence of specific past discrimination or narrowly tailored remedies.
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EPA Says Data Center Power Facilities Fall Outside Acid Rain Program
The EPA issued guidance concluding that power plants not connected to the electricity grid, including those serving off-grid data centers, fall outside the Clean Air Act’s Acid Rain Program. The agency reasoned that the program applies to generators producing electricity primarily for public distribution rather than private off-grid consumers.
Why it matters: The guidance could exempt power facilities serving islanded data centers from Acid Rain Program permitting, sulfur dioxide allowance and emissions-monitoring requirements. It does not affect other federal or state air rules, and connecting to the grid could bring a facility within the program.
Read more: Environmental Protection Agency | Memorandum
Partner Signal
Milbank Adds Up to $25,000 After Raising Associate Salaries
Milbank will pay worldwide summer bonuses of $6,000 to $25,000 to associates and special counsel by Aug. 31, following June salary increases to $235,000–$455,000. Peer firms now face another compensation decision, although few matched Milbank’s June salary increases.
Above the Law
What We’re Watching
Meta Youth-Safety Litigation Advances on Product-Design Claims
Meta faces state and private lawsuits alleging its platforms use addictive design features, misrepresent youth-safety risks and contribute to mental-health harms. Courts have allowed claims challenging Meta’s product design—rather than liability for user-generated content protected by Section 230—to proceed.
Wall Street Journal
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