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Consumer Protection
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January 14, 2025
CFTC To Review Crypto Co.'s Sports Event Contracts
The U.S. Commodity Futures Trading Commission said Tuesday it plans to take a closer look at contracts tied to the outcome of high-profile sporting events trading on digital asset exchange Crypto.com, which self-certified the products in the final days of 2024.
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January 14, 2025
FCC Reverses Judge, Rejects Disputed C-Band Payment
Reversing an in-house judge's decision, the Federal Communications Commission has denied a further payment of nearly $70,000 to a company that claimed it was owed more for relocating from the C-band airwaves to make way for 5G wireless.
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January 14, 2025
Crypto Co.'s Lax Compliance Enabled Hackers, Suit Says
A proposed class action in California federal court accused digital asset exchange OKX of flouting U.S. laws and allowing criminals to launder stolen funds through its platform, including $725,000 worth of crypto looted from the crypto investor leading the suit.
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January 14, 2025
Texas Porn Law Unlikely To Alter Justices' Free Speech Views
Texas' push before the U.S. Supreme Court for a relaxed standard of judicial review in First Amendment cases is unlikely to come to fruition, as decades of precedent work against the state's law requiring age verification on pornography sites.
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January 14, 2025
CDK Cuts Latest Deal In Auto Dealer Data Suit, With App Class
CDK Global LLC inked a new settlement to resolve more claims of monopolizing the market for auto dealership management software, this time with a class of vendors who make apps for dealerships, in a case that had been set for trial Jan. 27 in Wisconsin federal court.
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January 14, 2025
Fuse Says Skydance Deal Poses Harms To Ad-Based Streaming
Fuse Media has told the Federal Communications Commission that the planned $8.4 billion merger of Skydance Media with Paramount Global would harm some of their market competitors, including free advertising-based streaming.
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January 14, 2025
Cannabist Moves Illinois Oil Potency Case To Federal Court
The Cannabist Co. Holdings and its affiliated companies have removed to federal court a suit alleging they make products using highly potent cannabis oils without warning consumers that the amounts of THC are illegal in Illinois.
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January 14, 2025
Equifax To Pay $725K For Inaccurate Credit Score Reporting
Equifax Information Services LLC has agreed to a $725,000 settlement with the New York Attorney General's Office to resolve claims that the credit reporting agency inaccurately reported tens of thousands of New Yorkers' credit scores to lenders between March and April 2022, causing inflated costs for loans and other products.
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January 14, 2025
Carvana To Settle Connecticut AG's Consumer Suit For $1.5M
Online car dealer Carvana LLC will pay $1.5 million to settle the state of Connecticut's claims that it delayed sending title and registration papers to buyers and didn't advance timely payments to vehicle sellers, Attorney General William M. Tong said on Tuesday.
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January 14, 2025
FTC Issues Second Report On PBMs, Expanding Study Scope
The Federal Trade Commission released a second "interim" report on pharmacy benefit managers and their effects on specialty drug prices Tuesday, claiming that the companies have driven up prices well over acquisition costs and continue to squeeze independent pharmacies out of the market through low reimbursement rates.
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January 14, 2025
Monsanto Hit With $100M Jury Verdict In 10th Seattle PCB Trial
A Washington state jury said Tuesday that Monsanto should pay $100 million to four people who claim they developed various health issues from PCB exposure at a school facility, far less than the $4 billion requested by 15 plaintiffs but still adding to the $1.1 billion in losses the chemical giant already faces over the site.
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January 14, 2025
EPA Warns Of Possible Forever Chemical Risk In Fertilizer
The U.S. Environmental Protection Agency on Tuesday said that forever chemicals present in fertilizers could pose a health risk to people living or working on or near farms, a finding that could result in new regulations.
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January 14, 2025
Eli Lilly Says Colo. Clinic Selling Deceptive Weight Loss Drug
Eli Lilly & Co. has sued a Denver health clinic for allegedly selling "unapproved and potentially dangerous" drugs marketed to treat type 2 diabetes and obesity, which the pharmaceutical company said could give consumers the false impression that its U.S. Food and Drug Administration-approved medications don't work.
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January 14, 2025
TikTok Says NC Can't Fault Platform For Being 'Too Engaging'
TikTok Inc. has asked for an early exit from the North Carolina attorney general's lawsuit accusing the video platform of harming young users, saying it has no significant ties to the Tar Heel state and the AG's office can't otherwise build a case around its platform being "too engaging."
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January 14, 2025
Mass. AG Says Insulin Makers, Middlemen Colluded On Costs
Insulin makers Eli Lilly, Sanofi and Novo Nordisk conspired with pharmacy benefit managers OptumRX, Express Scripts and CVS Caremark to jack up prices by as much as 1,000%, the Massachusetts attorney general alleged in a suit.
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January 14, 2025
DOJ Accuses PE Giant KKR Of Dropping Merger Disclosures
The Justice Department filed an extraordinary lawsuit Tuesday accusing private equity giant KKR & Co. Inc. of repeatedly flouting its merger notification requirements, "altering" or "systematically omitting" documents on some deals and failing entirely to notify enforcers of at least two, including a $6.9 billion transaction, only for KKR to file its own suit in response.
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January 14, 2025
CFPB Says Capital One Stiffed Savings Customers Out Of $2B
The Consumer Financial Protection Bureau on Tuesday sued Capital One in Virginia federal court, alleging the bank avoided paying $2 billion in interest to customers by keeping them in a lower-yield savings account product.
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January 13, 2025
CFPB Eyes Rule To Rein In 'Forced' Financial Contract Terms
The Consumer Financial Protection Bureau on Monday floated a new rule that calls for banning financial companies from using contractual fine print to limit consumers' legal rights or restrict their free expression.
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January 13, 2025
Texas AG Sues Allstate In Latest Location Data Privacy Strike
Texas' attorney general is accusing Allstate and a subsidiary of violating the state's new comprehensive data privacy law by unlawfully collecting drivers' location data through tracking software embedded in their mobile apps and then using that information to set car insurance rates.
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January 13, 2025
Robinhood Users Oppose Arbitration Of 'Meme Stock' Claims
Stock trading platform Robinhood has failed to lay the groundwork for sending user disputes to arbitration, seven users of the platform claimed Monday in a bid to keep their claims in federal court over the company's 2021 suspension certain so-called meme stock trades.
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January 13, 2025
6th Circ. OKs Home Depot's $50M Data Breach Coverage Loss
The Sixth Circuit affirmed Monday a finding that an electronic-data exclusion provision in Home Depot Inc.'s commercial general liability excess policies with Steadfast Insurance Co. and Great American Assurance Co. unambiguously barred coverage for the retail giant's $50 million claim for defense and settlement costs over a 2014 data breach.
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January 13, 2025
4th Circ. Backs Arbitration In BoFA's PPP Loan Suits
The Fourth Circuit on Monday affirmed a decision ordering small businesses to arbitrate their proposed class action alleging Bank of America misled them on how to use the Paycheck Protection Program, noting the deposit agreements say an arbitrator will decide all disputes, including the scope of the arbitration provision.
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January 13, 2025
Texas Judge Urged To Halt CFPB Medical Debt Reporting Rule
Trade groups suing the Consumer Financial Protection Bureau over its new rule banning medical debt from credit reports have asked a Texas federal judge to put a court-ordered hold on the measure while they proceed with their challenge to its legality.
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January 13, 2025
Lincare Pays $1.15M To End Wash. Medicaid Fraud Probe
Lincare Inc. agreed to pay $1.15 million to resolve a Washington probe into allegations the medical equipment supplier overbilled Medicaid for rental payments for patients' oxygen equipment over a six-year period, the Washington State Office of the Attorney General announced Monday.
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January 13, 2025
COVID-19 Tracking App's Apple Antitrust Suit Snuffed Out
A D.C. federal judge won't permit a COVID-19 tracking app to tweak its proposed antitrust class action against Apple, finding that the amended complaint "stumbles at step one" and cannot adequately describe smartphone and app markets to justify allegations that the technology giant shut out competing tracker apps.
Expert Analysis
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Crypto.com's Suit Against SEC Could Hold Major Implications
Crypto.com's recent lawsuit against the U.S. Securities and Exchange Commission could affect the operation and regulation of crypto markets in the U.S., potentially raising more questions about the SEC's authority to regulate the industry when it's unclear whether another agency is ready to assume it, say attorneys at McGuireWoods.
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How DOJ's Visa Debit Monopolization Suit May Unfold
The U.S. Department of Justice's recently filed Section 2 monopolization suit against Visa offers several scenarios for a vigorous case and is likely to reveal some of the challenges faced by antitrust plaintiffs following the U.S. Supreme Court's split 2018 American Express decision, say attorneys at Mintz.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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Fluoride Ruling Charts Path To Bypass EPA Risk Evaluations
A California federal court's recent ruling in Food and Water Watch v. U.S. Environmental Protection Agency, ordering the agency to address the public health risks of fluoridated drinking water, establishes a road map for other citizen petitioners to bypass the EPA's formal risk evaluation process, say attorneys at Wiley.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Inside FTC's Decision To Exit Key Merger Review Labor Memo
Despite the Federal Trade Commission's recent withdrawal from a multiagency memorandum of understanding to step up enforcement of labor issues in merger investigations, the antitrust agencies aren't likely to give up their labor market focus, say attorneys at Stinson.
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FDIC Guidance Puts Next-Gen ATMs In Regulatory Spotlight
The boring existence of ATMs is changing thanks to the emergence of new-age interactive teller machines, prompting the Federal Deposit Insurance Corp. to sound off in a potentially influential August letter to branches on which services might need regulatory approval, says Thomas Walker at Jones Walker.
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7 Tips To Help Your Witness Be A Cross-Exam Heavyweight
Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Understanding New ACH Network Anti-Fraud Rules
Many of the National Automated Clearing House Association’s recent amendments to ACH network risk management rules went into effect this month, so financial institutions and corporations must review and update their internal policies as needed, says Aisha Hall at Taft.
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6 Tips For Cos. Facing Service Provider Cyber Incidents
When a third-party service provider experiences a cybersecurity incident, businesses may wonder if their information is compromised and if their systems are safe, but there are certain steps that can help businesses prepare for and respond to targeted attacks on vendors, say attorneys at Troutman Pepper.
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Unpacking State AG Approaches To Digital Asset Enforcement
Attorneys at Cozen O'Connor survey recent digital asset enforcement by attorneys general nationwide driven by concerns over regulatory gaps where technological developments and market changes have outpaced legislation.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.