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Consumer Protection
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November 21, 2024
Bettor Wants Class Cert. In Suit Over DraftKings' Voided Bet
A man suing DraftKings over a canceled NBA wager he says would have put $150,000 in his pocket has asked an Indiana federal court to certify a class of 99 bettors, including himself, affected by the axed transaction.
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November 21, 2024
Texas Federal Judge Chucks SEC's New 'Dealer' Rule
A Texas federal judge on Thursday overturned a U.S. Securities and Exchange Commission rule that expanded the definition of "dealer" to include proprietary trading firms and some hedge funds, saying the agency overstepped its authority when it adopted the rule.
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November 21, 2024
$1.5M Georgetown Tuition Refund Deal Closer To Final OK
A D.C. federal judge appears poised to give final approval to a $1.5 million settlement resolving claims over Georgetown University's move to remote instruction during the COVID-19 pandemic, but his skepticism that a graduate student outside the settlement class should score a $1,000 service award dissuaded him from granting final approval Thursday.
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November 21, 2024
BREAKING: SEC Chair Gary Gensler To Step Down In January
U.S. Securities and Exchange Commission Chair Gary Gensler said Thursday that he will be leaving the agency on Jan. 20, clearing the way for new leadership under an incoming Trump administration that is expected to dismantle Gensler's climate disclosure regulation and open the SEC's door to more crypto-friendly policies.
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November 21, 2024
Gaetz Ends AG Bid, Citing 'Distraction' To Trump Transition
Former U.S. Rep. Matt Gaetz withdrew his name from consideration Thursday as President-elect Donald Trump's nominee for attorney general amid allegations of sexual misconduct and drug use.
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November 21, 2024
Ex-Morgan Lewis Litigator Jumps To Thompson Hine
Thompson Hine LLP announced Thursday it has added a business litigation partner in Chicago who lists rate flexibility for his clients among the reasons he was attracted to the firm after more than a decade with Morgan Lewis & Bockius LLP.
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November 21, 2024
Biden's FCC Chair Stepping Down From Agency Jan. 20
The Democratic head of the Federal Communications Commission said Thursday she will be leaving the agency on Jan. 20.
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November 21, 2024
CFPB Wraps Rule To Pull Big Payment Apps Into Supervision
The Consumer Financial Protection Bureau said Thursday that it has finalized a measure to bring providers of major digital payment apps under its supervisory umbrella, expanding the reach of its oversight deeper into the technology sector.
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November 21, 2024
DOJ Urges Chrome, Android Sales In Google Case
The U.S. Department of Justice late Wednesday formally asked a Washington, D.C., federal judge to order a range of steps to end Google's monopolization of general search services and the text ads shown alongside search results, most notably by forcing the company to spin off the Chrome browser.
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November 20, 2024
CVS Can't Dodge Proposed Action Over 'Non-Drowsy' Claims
CVS Pharmacy must continue facing a proposed class action alleging it "dangerously" markets over-the-counter medicine as "non-drowsy" despite containing a substance known to cause drowsiness after a Missouri federal judge on Wednesday refused to toss claims lodged under Missouri and other states' consumer protection laws.
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November 20, 2024
Not So Fast: Lenders Say CFPB Payday Rule Must Stay On Ice
Lender trade groups challenging the Consumer Financial Protection Bureau's payday loan rule have told the Fifth Circuit that they anticipate pursuing another U.S. Supreme Court appeal in their case, and that the rule should be kept on hold for even longer in the meantime.
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November 20, 2024
Musk, Ramaswamy Say High Court Rulings OK Federal Cuts
Billionaire Elon Musk and former presidential candidate Vivek Ramaswamy, President-elect Donald Trump's picks to lead a newly created "Department of Government Efficiency," on Wednesday said two recent U.S. Supreme Court rulings will give them the authority to cut off power to regulatory agencies and conduct massive federal layoffs.
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November 20, 2024
Data Security Co. Shakes Suit Over Auto-Renewal Model
A North Carolina federal judge has axed a proposed class action accusing a digital security provider of tricking consumers into pricey subscriptions that were difficult to cancel, finding that while the dispute raises "legitimate societal concerns," the plaintiff failed to show that he was injured by this alleged conduct.
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November 20, 2024
Prison Phone Cos. Say FCC Reg Fight Belongs In 5th Circ.
There should have been no lottery to decide where to place an appeal challenging the Federal Communications Commission's new caps on rates charged for prison phone calls — the matter belongs in the Fifth Circuit, a pair of prison phone service providers told the First Circuit.
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November 20, 2024
2nd Circ. Doubts Error In Tenant Screener's FHA Suit Win
A Second Circuit panel appeared skeptical Wednesday that a Connecticut federal judge used the wrong analysis to find that a tenant screener's criminal history reporting practices do not violate the Fair Housing Act, grilling counsel for the federal government about the lower court's process.
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November 20, 2024
GM Can't Get Full 6th Circ. Redo Of Duramax Emissions Case
The full Sixth Circuit on Wednesday left untouched a divided panel's recent decision partly reviving drivers' claims alleging General Motors deceptively marketed Chevrolet Silverado and Sierra vehicles as being more environmentally friendly than they actually were, but two dissenting judges said the case warranted en banc review.
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November 20, 2024
Wash. Judge Questions Startup's Amazon Antitrust Claims
A Washington federal judge on Wednesday suggested that antitrust claims might not survive in a startup's complaint against Amazon Web Services involving a dispute over higher-speed internet connections in the Middle East that allowed the startup to cater to its customer Epic Games.
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November 20, 2024
Ex-Wells Fargo Adviser Admits To Stealing $3M From Clients
A former Wells Fargo broker and investment adviser admitted on Wednesday to stealing more than $3 million from his clients and customers and using the money for, among other things, buying gold coins, New Jersey federal prosecutors said.
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November 20, 2024
DEA Accused Of Colluding With Reform Foes In Pot Row
Cannabis reform advocates have alleged that the Drug Enforcement Administration "stacked the deck" by colluding with anti-legalization interests and giving them improper opportunities to participate in upcoming hearings on a proposal to loosen federal restrictions on the drug.
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November 20, 2024
Apple Says DOJ Case Has Too Much Speculation To Survive
Apple's attorneys pressed a New Jersey federal judge Wednesday to toss the U.S. Department of Justice's monopolization lawsuit, asserting in oral arguments that the government is simply trying to force them to work with rivals when attacking controls imposed on iPhone app developers.
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November 20, 2024
Magnets Akin To Coins As Swallow Risk For Kids, Court Told
The attorney representing hobbyist and industry groups for magnets told the Tenth Circuit on Wednesday that the dangers of a child swallowing a single magnet aren't any different from a child ingesting other small items like a dime, in an appeal over a U.S. Consumer Product Safety Commission rule.
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November 20, 2024
DC Circ. Skeptical Of Texas AG's Bid To Revive X Probe
A D.C. Circuit panel seemed skeptical Wednesday of the Texas attorney general's claims that Media Matters lacks a valid claim to challenge the state enforcer's investigation into the media watchdog's reporting about the social media platform X, formerly Twitter, but one judge expressed uncertainty about the suit's readiness for judicial review.
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November 20, 2024
Cross-Border Sales Were Unlawful Monopoly, Feds Say
Prosecutors have urged a Texas federal judge to deny a dismissal bid from two people accused of using violence to monopolize cross-border sales of used cars, saying the individuals were not operating the lawful clerical service they claimed to be running.
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November 20, 2024
Gas Bill Challenge Finds Little Purchase With Colo. Justices
Colorado Supreme Court justices questioned Wednesday why a state regulator-backed plan to charge customers for extra natural gas ahead of a snowstorm was unreasonable, appearing to dash a company's challenge to its utility bill.
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November 20, 2024
Amid Legal Challenge, La. Hemp Law On Hold
A Louisiana law that would issue new regulation on the potency of hemp-derived intoxicants along with where they can be sold will not go into effect until the end of March, allowing time for briefing from state officials and hemp interests challenging the law.
Expert Analysis
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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8 Tech Tips For Stress-Free Remote Depositions
Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.
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How To Safely Leverage AI In The Digital Assets Industry
Digital asset businesses that use or plan to implement artificial intelligence should assess their risk management frameworks to ensure that AI-related business areas, including customer support and fraud detection, are in compliance with applicable laws and regulatory guidance from the last year, say attorneys at Winston & Strawn.
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What Cos. Can Learn from Water Microplastics Class Actions
Class actions against companies whose bottled spring water allegedly contains microplastics, challenging claims such as "natural" and "100% spring water," seem to be drying up — but these cases serve as a good reminder to other businesses to review regulatory standards, and carefully vet plaintiff allegations at the outset, say attorneys at Keller and Heckman.
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$3B TD Bank AML Settlement Is A Wake-Up Call For All Banks
TD Bank’s historic settlement over anti-money laundering violations, resulting in over $3 billion in penalties, reminds banks of all shapes and sizes why they need to take financial crime compliance seriously, and highlights three areas that may be especially vulnerable to enforcement, says Jack Harrington at Bradley Arant.
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Opinion
The Right Kind Of Deregulation In Commercial Airline Industry
Similar to the economic deregulation that occurred more than four decades ago during the Carter administration, the incoming Trump administration should restore the very limited federal regulatory role in the economics of the airline industry, says former U.S. transportation secretary James Burnley at Venable.
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Unpacking The CFPB's Personal Financial Data Final Rule
The Consumer Financial Protection Bureau's personal financial data rights rule includes several important changes from the proposed rule, and hundreds of pages of supplementary information that provide important insights into the manner in which the bureau will enforce the final rule, say attorneys at Sidley.
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Opinion
Feds May Have Overstepped In Suit Against Mortgage Lender
The U.S. Department of Justice's lawsuit against Rocket Mortgage goes too far in attempting to combat racial bias and appears to fail on the fatal flaw that mortgage lenders should be at arm's length from appraisers, says Drew Ketterer at Ketterer & Ketterer.
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4 Ways Attorneys Can Emotionally Prepare For Trial
In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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The AI Consumer Class Action Threat Is Not A Hallucination
As regulators scrutinize whether businesses can deliver on claims about their artificial intelligence products and services, the industry faces a wave of consumer fraud class actions — but AI companies can protect themselves by prioritizing fundamental best practices that are often overlooked, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at the Torrenzano Group.
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Presidential Campaign Errors Provide Lessons For Trial Attys
Vice President Kamala Harris’ presidential campaign employed numerous strategies that evidently didn’t land, and trial attorneys should take note, because voters and jurors are both decision-makers who are listening for how one’s case presentation would affect them personally, says Reuben Guttman at Guttman Buschner.
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The Do's And Don'ts Of Commercial Debt Under Calif. FDCPA
Lenders, servicers and attorneys collecting on their behalf should pay careful attention to the consumer protections under the newly expanded California Rosenthal Fair Debt Collection Practices Act that may apply going forward to some commercial debts, say attorneys at Womble Bond.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Video Privacy Law Claims After 2nd Circ. NBA Ruling
The Second Circuit's recent ruling in Salazar v. National Basketball Association expanded the definition of what constitutes a consumer under the Video Privacy Protection Act, breathing new life into the law by making any newsletter subscriber to a platform that hosts video content a potential plaintiff, say attorneys at Clark Hill.