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Consumer Protection
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March 14, 2025
BNY Sued Over $17.7B Unregistered Barclays-Issued Notes
A trio of investors has filed a proposed class action against The Bank of New York Mellon Corp. for allegedly failing to properly authenticate several exchange-traded note offerings from Barclays, leading to the sale of $17.7 billion in unregistered securities.
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March 14, 2025
Ford Bronco TM Suit Looks Under Hood Of Vintage Market
Ford Motor Co. is clashing with a company that restores Broncos from the 1960s and 1970s and retrofits the newer models that Ford started selling after a two-decade hiatus to make them look like older ones, setting up a battle over whether the iconic car company has done enough to maintain its rights over the Bronco mark in the intervening years.
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March 14, 2025
LG Unit Must Face Ga. Jury Over Exploding Battery Claims
LG Chem America Inc., a subsidiary of Korea's LG Chem Ltd., can't toss a suit from a man who claims one of its lithium ion batteries exploded in his pocket, after a Georgia state court judge ruled the company may not have done enough to prevent its batteries being misused for vapes.
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March 14, 2025
Calif. Insurance Chief OKs State Farm Rates Pending Hearing
The California Department of Insurance on Friday provisionally approved State Farm's request for an emergency rate hike following the Los Angeles fires, including a nearly 22% increase for homeowners, saying final approval will be contingent on the insurer justifying its request at a hearing.
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March 14, 2025
Legalese Aside, Live Nation Judge Keeps Damages Claims
A New York federal judge refused Friday to pare back a lawsuit filed by the government and 40 states accusing Live Nation of quashing competition and hiking ticketing prices, preserving claims that artists have been forced to use Live Nation promotion services and deeming state attorneys general to have standing to seek damages.
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March 14, 2025
Gov't Tells Justices FCC Subsidy Critics Target 'Strawman'
Opponents of the Federal Communications Commission's nearly 30-year-old telecom subsidy system are making "strawman" arguments by claiming taxing power has been unlawfully delegated away from Congress, the government told the U.S. Supreme Court.
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March 14, 2025
Apple Tells DC Circ. It's Still Singled Out In Final Google Fixes
Apple told the D.C. Circuit that it still needs to intervene in the U.S. Department of Justice's search monopolization case against Google because the government's final remedy proposal still treats the iPhone-maker differently than other companies.
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March 14, 2025
Wash. Justices Side With Shopper In Lowe's Fallen Fence Suit
Washington's high court has sided with a customer suing Lowe's after she was injured by a fallen roll of fencing at an Evergreen State store, saying a judge or jury should decide whether the retailer could have anticipated the hazard given the self-service style of the store.
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March 14, 2025
FCC Chief Presses Congress For Spectrum Pipeline Soon
The Republican chair of the Federal Communications Commission told lawmakers the U.S. won't make critical advances on the wireless technology front until they free up dedicated blocks of airwaves for private licensing.
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March 14, 2025
Antigua Clinic Accused Of Lying About 'Miracle' Cancer Cure
A company called ExThera Medical Corp. has been sued in California federal court over a cure, backed by a billionaire investor, marketed for metastatic cancer but was actually a "dangerous medical experiment."
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March 14, 2025
FTC Urges 8th Circ. Not To Pause Insulin Pricing Case
The Federal Trade Commission has urged the Eighth Circuit not to pause its in-house case accusing Caremark Rx, Express Scripts and OptumRx of artificially inflating insulin prices, telling the appeals court the pharmacy benefit managers have no chance of winning on their constitutional claims.
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March 14, 2025
Connecticut Wants Retailers' Hemp Law Challenge Tossed
The state of Connecticut has asked a federal judge to toss a lawsuit by nearly a dozen hemp retailers challenging statutes designed to regulate hemp-derived products with high levels of THC, saying the retailers' lawsuit is deficient in multiple ways.
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March 14, 2025
Client Who Sent Money To Fraudster Wins Suit Against Firm
An optometrist who claims a fraudster infiltrated her lawyer's email system and tricked her into wiring $90,586 to an incorrect account has won a lawsuit against Mancini Provenzano & Futtner LLC after a Connecticut state court judge found the firm was negligent in failing to secure its system.
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March 14, 2025
Kraken Beats Suit Over Crypto Scam Losses, For Good
A California state judge permanently tossed a lawsuit Friday alleging lax security measures on the cryptocurrency exchange Kraken are to blame for a Los Angeles County man's loss of nearly $50,000 in a digital asset investment scam.
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March 14, 2025
Class Can't Re-Contest Debt Collection, Mich. Law Firm Argues
A law firm accused of charging unlawfully high post-judgment interest rates on debt collection actions told a Michigan federal court on Thursday that several debtors have already resolved their litigation, precluding them from pressing their federal class action, and debt collection agencies blamed the rates on the law firm.
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March 14, 2025
Reject Next-Gen TV Tuner Mandate, Consumer Tech Org. Says
It's a bad idea to force TV manufacturers to include devices that make them compatible with the next generation of television broadcasting technology on all new sets, a consumer technology trade group told the Federal Communications Commission.
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March 14, 2025
FTC Probing $13B Marketing Mega-Deal
Marketing communications giants Omnicom and Interpublic disclosed an in-depth Federal Trade Commission probe into their $13 billion merger, pumping the brakes on their ability to close the deal soon, but they said the expectation is nevertheless to finish by the second half of this year.
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March 14, 2025
Judge Refuses Bid For Injunction In CFPB Defunding Suit
A Maryland federal judge on Friday denied the city of Baltimore's bid for a preliminary injunction barring the Trump administration from stripping away the Consumer Financial Protection Bureau's budget, unpersuaded that it has been targeted for defunding.
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March 13, 2025
9th Circ. Won't Block Consolidation Of Uber Assault Cases
The Ninth Circuit has rejected Uber Technologies Inc.'s contention that the Judicial Panel on Multidistrict Litigation should've enforced Uber's "non-consolidation" clause with passengers' lawsuit alleging they were sexualy assaulted, ruling that such a "private agreement" doesn't override the JPML's power to consolidate.
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March 13, 2025
Calif. Kids' Privacy Law Again Fails Constitutional Challenge
A California federal judge on Thursday again blocked the state from enforcing a landmark law requiring tech giants to bolster privacy protections for children, finding that a second review of the dispute didn't change the conclusion that tech trade group NetChoice was likely to succeed with its First Amendment challenge.
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March 13, 2025
Vought-Led CFPB Still Wants $43M Order In Debt Relief Case
The Consumer Financial Protection Bureau urged an Illinois federal judge Thursday to order the head of a defunct debt-relief company to pay $43 million in fines and restitution, sticking with a Biden-era request for penalties in the case.
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March 13, 2025
Feds Can't Pause NYC Congestion Pricing Cases
A New York federal judge denied the federal government's request to prioritize a case filed by Empire State transportation authorities over a newly launched Manhattan congestion pricing program that the Trump administration has moved to kill, saying Thursday the court wouldn't stay other cases over the program that are further along.
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March 13, 2025
Eddie Bauer Can't Ditch Outlet Tag False Ad Action
Eddie Bauer cannot escape a proposed class action alleging the clothing brand's outlet store price tags exaggerated markdowns, a Seattle federal judge ruled Wednesday, saying the complaint is timely and adequately alleges that the retailer's use of certain phrasing on the tags is misleading under Oregon law.
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March 13, 2025
Bankers Seek 1-Year Waiver Of TCPA Consent Rule
Banking organizations asked the Federal Communications Commission for a one-year waiver of a consumer consent rule under the Telephone Consumer Protection Act that restricts their ability to make prerecorded calls and texts once consent has been revoked.
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March 13, 2025
NY AG James Pitches Bill To Expand Consumer Protection Law
New York Attorney General Letitia James on Thursday announced legislation that would expand the state's ban on deceptive business practices to also protect against unfair and abusive practices, an idea backed by Biden-era Federal Trade Commission and Consumer Financial Protection Bureau heads.
Expert Analysis
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The Math Of Cross-Examination: Less Is More, More Is Less
When conducting cross-examination at trial, attorneys should remember that “less is more, and more is less” — limiting both the scope of questioning and the length of each query in order to control the witness’s testimony and keep the factfinders’ attention, says Thomas Innes at the Defender Association of Philadelphia.
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Short-Term Predictions For The CFPB's Fate Under Trump
Though the Trump administration is unlikely to succeed in abolishing the Consumer Financial Protection Bureau, new leadership will likely moderate enforcement, possibly prompting state attorneys general to step up supervision, say attorneys at Husch Blackwell.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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A Closer Look At FDX's New Role As Banking Standard-Setter
Should the new Consumer Financial Protection Bureau let stand the decision empowering Financial Data Exchange as an industry standard-setter, it will be a significant step toward broader financial data-sharing, but its success will depend on industry adoption, regulatory oversight and consumer confidence, say attorneys at Clark Hill.
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What To Expect In Crypto Banking After SEC Nixed Guidance
With the U.S. Securities and Exchange Commission recently rescinding its controversial cryptocurrency accounting guidance, the industry's focus will turn to the potentially significant hurdle to crypto banking posed by the federal banking regulators, say attorneys at Duane Morris.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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Tools For Witness Control That Go Beyond Leading Questions
Though leading questions can be efficient and effective for constraining a witness’s testimony, this strategy isn’t appropriate for every trial and pretrial scenario, so techniques like headlining and looping can be deployed during direct examination, depositions and even witness interviews, says Allison Rocker at Baker McKenzie.
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Opinion
Weight Drug Suits Highlight Need For Legal Work On Safety
The rapid ascent of glucagon-like peptide-1 receptor agonists like Ozempic has revolutionized diabetes management and weight loss — but legal wrangling over issues including off-label prescriptions, side effects and compounded versions underscores lawyers' roles in protecting patient safety, says attorney Gregg Goldfarb.
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What Travis Hill's Vision For FDIC Could Portend For Banks
If selected to lead the Federal Deposit Insurance Corp. in a permanent capacity, acting Chairman Travis Hill is likely to prioritize removing barriers to innovation and institution-level growth, emphasizing the idea that eliminating rules, relaxing standards and reducing scrutiny will reinvigorate the industry, say attorneys at Mitchell Sandler.
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Will Independent Federal Agencies Remain Independent?
For 90 years, members of multimember independent federal agencies have relied on the U.S. Supreme Court's 1935 ruling in Humphrey's Executor v. U.S. establishing the security of their positions — but as the Trump administration attempts to overturn this understanding, it is unclear how the high court will respond, says Harvey Reiter at Stinson.
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5 Major Crypto Developments From The Trump Admin So Far
The early weeks of the Trump administration have set the stage for a significant transformation in U.S. digital asset policy by prioritizing regulatory clarity, innovation and a shift away from enforcement-heavy tactics, but many of these changes will require congressional support and progress may be gradual, say attorneys at Ropes & Gray.
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Compliance Pointers For DOJ's Sweeping Data Security Rule
A new Justice Department rule broadly restricts many common data transactions with the goal of preventing access by countries of concern, and with an effective date of April 8, U.S. companies must quickly assess practices related to employee, customer and vendor data, says Sam Castic at Hintze Law.
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Class Actions At The Circuit Courts: February Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal appellate court class certification decisions and identifies practice tips from cases involving breach of life insurance contracts, constitutional violations of inmates and more.
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What To Expect From The New FCC Chair
As a vocal critic of the Federal Communications Commission's recent priorities, newly appointed chair Brendan Carr has described a vision for the agency that would bring significant changes to telecommunication regulation and Telephone Consumer Protection Act enforcement in the U.S., say attorneys at BCLP.
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Comparing 2 Pending Bills To Regulate Stablecoins
Alexandra Steinberg Barrage at Troutman analyzes the key similarities and differences between two payment stablecoin proposals currently pending in Congress — the STABLE and GENIUS acts — as both chambers are forming a working group to deliver a clear regulatory framework for digital assets and bipartisan agreement appears within reach.