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Consumer Protection
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March 20, 2025
State AGs Want 11th Circ. Redo Of FCC Robocall Reg Ruling
Attorneys general from more than half the states and Washington, D.C., are urging the full Eleventh Circuit to reverse a panel decision that nixed a federal rule restricting the use of comparison shopping sites to generate robocall leads.
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March 20, 2025
Oil And Gas Cos. Say DC 'Greenwashing' Claims Are Too Vague
A D.C. Superior Court judge pressed both sides in the district's consumer protection suit against four major oil and gas companies Thursday to say whether the city's claims that the companies misled consumers through systematic "greenwashing" campaigns fall within the scope of what she called a "very broad" statute.
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March 20, 2025
8th Circ. Won't Pause FTC's Insulin Pricing Case
The Eighth Circuit refused Thursday to pause the Federal Trade Commission's in-house case accusing Caremark Rx, Express Scripts and OptumRx of artificially inflating insulin prices while the pharmacy benefit managers challenge the constitutionality of the proceedings.
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March 20, 2025
Walgreens Can't Dodge Wash. Law In 'Non-Drowsy' Label Suit
The Washington Supreme Court said Thursday that Walgreens could not avoid claims under the state's consumer protection law alleging its "non-drowsy" cough medicine label was deceptive, rejecting the retailer's contention that the law's safe harbor provision shielded it from a proposed class action in Illinois federal court.
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March 20, 2025
Texas Senators Approve Bill Banning THC Consumables
The Texas state Senate has approved a bill that would broadly ban consumable products with hemp-derived cannabinoids, such as delta-8 THC, sending the legislation to the state House of Representatives.
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March 20, 2025
Suit Says Stifel Underpaid Clients In Cash Sweep Accounts
Wealth management company Stifel Financial Corp. and its brokerage arm were hit with a proposed class action by two customers alleging Stifel systematically underpaid clients on cash sweep accounts while profiting from rising interest rates.
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March 20, 2025
Bitcoin Rival Can't Reargue $2M Suit Against Grayscale
Cryptocurrency firm Osprey Funds LLC can't reargue claims that the Connecticut Unfair Trade Practices Act governs its bitcoin feud with digital asset management firm Grayscale Investments LLC, a Connecticut state judge has ruled.
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March 20, 2025
Senate Panel To Weigh NTIA Nom Next Week
A U.S. Senate panel next week will consider President Donald Trump's nominee to lead the U.S. Department of Commerce branch that oversees federal spectrum policy.
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March 20, 2025
9th Circ. Won't Renew Consumers' Amazon 'Buy Box' Suit
A Ninth Circuit panel has declined to revive a consumer antitrust suit against Amazon, ruling on Thursday the plaintiffs have failed to show they were injured by the e-commerce company's practices incentivizing third-party sellers to use its logistics services with the "Buy Box" feature.
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March 20, 2025
CFPB Union Narrows Injunction Bid In Shutdown Suit
The Consumer Financial Protection Bureau would be barred from idling its workforce under a narrowed injunction bid filed Wednesday in Washington, D.C., federal court, where the agency's employee union is squaring off with the Trump administration.
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March 20, 2025
FCC Eases Regs To Hasten Switch From Copper Lines
The Federal Communications Commission on Thursday waived several longstanding rules in an effort to clear what FCC Chair Brendan Carr characterized as "red tape" delaying telecoms from putting legacy copper lines out to pasture.
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March 20, 2025
Chinese Pool Firms Banned From US Sales Until Judgment Is Paid
A North Carolina federal judge barred multiple Chinese companies and their owner from importing and selling pool equipment in the United States until they pay off a prior $17.8 million judgment after finding them in contempt for "actively frustrating" collection efforts by moving money around despite restraining orders.
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March 20, 2025
Judge Denies CFPB's Bid To Pause Experian Dispute Case
The Consumer Financial Protection Bureau can't pause its dispute-handling claims against credit reporting giant Experian to give the agency's new acting director time to review the case, a California federal judge said.
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March 20, 2025
4th Circ. Leery Of Reviving Class Claims In Lending Bias Suit
A group of borrowers faced an uphill battle Thursday trying to convince the Fourth Circuit to revive their class claims accusing Navy Federal Credit Union of discriminatory lending practices, with one judge chastising what he said were attempts to rewrite the complaint.
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March 20, 2025
Ga. House Passes Civil Justice Overhaul, Nears Final Approval
Georgia's House of Representatives voted largely along party lines Thursday to advance a Republican-backed overhaul to the state's civil justice system, clearing one of the final hurdles for Gov. Brian Kemp's top legislative priority of 2025.
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March 20, 2025
Saatva Misled Consumers About Mattress Material, Suit Says
Saatva, a direct-to-consumer mattress brand, has been hit with a proposed class action in a New York federal court, with shoppers accusing it of misrepresenting that its products are nontoxic, natural and chemical-free, even though its mattresses contained materials that pose health and environmental concerns.
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March 19, 2025
'Weird' Mass Arb. Fights Have Judge Questioning FAA's Reach
A California federal judge who held Verizon's arbitration agreements to be unconscionable told a law forum panel Wednesday in San Diego that the rise of mass arbitration cases and companies' increasingly "creative" efforts to avoid arbitration has him finding the process "weird" and asking, "What's wrong with the courts?""
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March 19, 2025
Software Co. Smart ERP Failed To Prevent Breach, Suit Says
California software company Smart ERP Solutions Inc. failed to protect social security numbers and other sensitive personal information during a summer 2024 data breach, leaving more than 78,700 customers at risk of fraud and identity theft, one man has alleged in a putative class action in California federal court.
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March 19, 2025
Ticketmaster Baits With 'Deceptively' Low Prices, Suit Says
Ticketmaster has allegedly been luring consumers into buying event tickets by advertising "deceptively" low prices before surprising them with high hidden fees at checkout after pressuring them with pop-up warnings and a countdown clock, according to a putative class action filed Tuesday in California federal court.
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March 19, 2025
Lenders Rally For CDFI Fund After Trump Orders Cuts
A broad coalition of lender trade groups is lobbying in support of a key federal program aimed at boosting Main Street investment, defending it to lawmakers after President Donald Trump ordered the program slashed as much as possible.
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March 19, 2025
GM Seeks Full 6th Circ. Guidance Amid Class Action Surge
Sixth Circuit judges on Wednesday dug into whether they should undo a panel's ruling upholding class certification for consumers who allege General Motors sold vehicles with defective transmissions, as the automaker urged the judges to give courts guidance on class certification at a time the circuit has been "inundated" with class actions.
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March 19, 2025
All GOP FTC Tamps Down Dissent, Ratchets Up Legal Fights
Dissenting voices may become an endangered prospect at the Federal Trade Commission after President Donald Trump fired the agency's two Democrats on Tuesday, with no sign of plans to name new members.
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March 19, 2025
Beech-Nut Beats Baby Food Metals Case Revived By 2nd Circ.
A New York federal judge tossed Wednesday a recently revived consolidated proposed consumer class action alleging Beech-Nut Nutrition Co. sold baby food contaminated with metals, finding that the consumers have not shown they were economically harmed, while rejecting their claims they overpaid for the products or did not receive the benefit of the bargain.
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March 19, 2025
Russian Gotbit Crypto Operator Gets Plea Deal, Forfeits $23M
A Russian national accused of manipulating crypto markets through a market-making service he founded called Gotbit has struck a plea deal with Massachusetts federal prosecutors in which he copped to charges of conspiracy to commit market manipulation and wire fraud and agreed to forfeit about $23 million in cryptocurrency.
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March 19, 2025
Bitnomial Drops SEC Challenge Amid Ripple Dismissal Buzz
Crypto futures and options platform Bitnomial on Wednesday dropped its suit alleging that the U.S. Securities and Exchange Commission unfairly blocked it from listing futures contracts for Ripple Labs' XRP token after Ripple itself announced that the SEC is no longer pursuing securities claims against the token.
Expert Analysis
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3 Factors Affecting Retail M&A Deals In 2025
Retailers considering mergers and acquisitions this year face an evolving antitrust environment, including a new administration under President-elect Donald Trump, revised merger guidelines and a precedent set last year by a canceled $8.5 billion handbag merger, say attorneys at DLA Piper.
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Top 10 Legal Issues This Year For Transportation Industry GCs
General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Searching For Insight On Requested Google Chrome Remedy
The potential for Google to divest its Chrome browser — a remedy requested by the Justice Department following a D.C. federal court’s finding the company is a monopolist — has drawn both criticism and endorsement, but legal precedent likely supports the former, say attorneys at Ballard Spahr.
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Consultants Should Be Aware Of DOJ's Potential New Reach
The U.S. Department of Justice's recent first-of-its-kind settlement with McKinsey & Co. indicates not only the DOJ's more aggressive stance toward businesses' potential criminal wrongdoings, but also the benefits of self-disclosure and cooperation when wrongdoing becomes apparent, says Dom Caamano at Kibler Fowler.
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New Year, New Risks: 8 Top Cyber Issues For Finance In 2025
As financial institutions forge ahead in 2025, they must strike a delicate balance between embracing technological innovation and guarding against its darker threats, which this year could include everything from supply chain vulnerabilities to deepfakes, say attorneys at Baker Donelson.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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How Changes In State Gift Card Laws May Affect Cos. In 2025
2024 state legislative movements around the escheatment of unused gift card balances and consumer fraud protections should prompt issuers to consider whether changes in company domicile or blanket cash-back policies are needed in the new year, say attorneys at Alston & Bird.
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Lessons From The SEC's 2024 Crackdown On AI Washing
AI washing was the subject of increased scrutiny from the U.S. Securities and Exchange Commission in 2024 following a surge in the commercial adoption of generative artificial intelligence technologies in 2023, highlighting the importance of transparency, accuracy and accountability when communicating about AI, say attorneys at Perkins Coie.
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The 6 Most Significant FCRA Litigation Developments Of 2024
From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.
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Identifying Deepfakes During Evidence Collection, Discovery
Excerpt from Practical Guidance
Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.
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Retailers Must Adapt As Courts Shift On False Price Claims
The increasing frequency with which courts are denying motions to dismiss false reference price claims signals that these lawsuits are not going away anytime soon, so retailers must be prepared for a more complex and prolonged defense process, say attorneys at Akerman.
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Health Tech Regulatory Trends To Watch In 2025
With an upcoming change in administration and the release of some long-awaited rules, the healthcare industry should prepare for shifting trends, including a growing focus on health data and interest in technology-enabled delivery of healthcare, say attorneys at Orrick.
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The Securities Litigation Trends That Will Matter Most In 2025
2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.