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Consumer Protection
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October 25, 2024
Entergy Struggles To Challenge FERC Decision At DC Circ.
The D.C. Circuit is set to decide whether or not utility giant Entergy will be allowed to challenge the Federal Energy Regulatory Commission's rejection of a plan that would change capacity market rules, after finding that it would give Entergy too much market power.
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October 25, 2024
Apple-Google Pact Plaintiff Stuck With 9th Circ. Appeal
A Ninth Circuit panel has refused to let a training school send its case accusing Google of paying Apple to refrain from developing its own search engine back to district court in light of a recent D.C. federal judge's decision that Google monopolizes the search market.
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October 25, 2024
Social Media MDL Judge Rips Meta, AGs' Agency Doc Fight
A California federal judge Friday slammed counsel for Meta and dozens of state attorneys general during a contentious hearing in multidistrict litigation over claims social media is addictive for not reaching agreements on Meta's demands for documents from 275 state agencies, telling both sides' attorneys, "we should've never gotten here."
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October 25, 2024
Jury Mostly Sides With Woodland Tools On False Ad Claims
A Wisconsin federal jury has largely found in favor of gardening toolmaker Woodland Tools on allegations that competitor Fiskars Brands made false claims about the design origin and cutting power of Fiskars products including pruners and shears.
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October 25, 2024
3 Firms Seek $17.6M Fee For Military Borrower Class Deal
Smith & Lowney PLLC, Hagens Berman Sobol Shapiro LLP and Ballew Puryear PLLC have asked a North Carolina federal court to award them $17.6 million in fees for the work they did to secure a $64 million settlement from USAA on behalf of borrowers who served in the military.
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October 25, 2024
AT&T Settles Alleged FCC Subsidy Violations For Nearly $2.3M
The Federal Communications Commission said Friday that AT&T has agreed to pay almost $2.3 million to resolve claims it broke the rules for two major federal broadband subsidy programs.
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October 25, 2024
At Home Settles Suit Over 'Luxury' Sheets' Thread Count
Home decor chain At Home has escaped a proposed class action accusing it of exaggerating the thread count of its high-end sheet sets, after the lead plaintiffs withdrew their complaint in Illinois federal court.
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October 25, 2024
Dental Exec Flees Ahead Of Possible 7-Year Fraud Sentence
An arrest warrant was issued Friday for the former CEO of a dental device company who pled guilty to defrauding investors out of $10.7 million after he did not show up for his sentencing hearing, where Washington federal prosecutors were asking for seven years in prison.
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October 25, 2024
Lyft To Pay $2.1M FTC Fine Over Driver Earnings Claims
Lyft Inc. will pay $2.1 million and clarify its claims about driver pay in order to settle allegations from the Federal Trade Commission that the ride-hailing company made deceptive statements about what drivers could expect to earn hourly and through special incentives, according to a Friday announcement from the agency.
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October 25, 2024
Va. Man Gets 7½ Years For $15M Gov't Contract Investor Scam
A Virginia man was sentenced Friday to over seven years in prison for defrauding dozens of investors out of $15 million by misleading them into believing that his company had millions of dollars in contracts with federal and state government agencies.
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October 25, 2024
Photo App Says BIPA Ignorance Warrants Insurance Coverage
The company behind a website and app that allow families to view photos of their children at summer camp told an Illinois federal judge it had no idea about the state's biometric privacy law, and thus couldn't have knowingly violated it, arguing that means insurers cannot shirk their responsibility to defend it in an underlying suit.
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October 25, 2024
Pa. House Advances State Bill To Protect Crypto Payments
Pennsylvania's House of Representatives advanced a bill that would codify businesses' and individuals' ability to accept digital assets as payment, maintain personal control over their digital assets and protect them from additional taxes when paying in crypto.
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October 25, 2024
FCC Didn't Play Favorites For Soros In Audacy Deal, GOP Told
The Federal Communications Commission's approval of radio station chain Audacy's recent ownership change mirrored the way it handled similar media deals in past years, the FCC's chief told critics alleging it fast-tracked the Audacy plan to benefit Democratic donor George Soros.
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October 24, 2024
Colo. Says Grocers' Execs Get Paid, No Matter The Fallout
Colorado told a state judge Thursday that consumers bear the risk in a proposed $24.6 billion merger between Kroger Co. and Albertsons, arguing grocery executives will still get their multimillion-dollar payouts even if prices go up or stores close.
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October 24, 2024
FTC Official Doubts Election Will Deter Antitrust 'New Era'
The Federal Trade Commission's Bureau of Competition director defended the agency's new guidelines and its track record during a wide-ranging discussion at the 34th annual Golden State Institute on Thursday, and he expressed confidence that whichever presidential candidate wins, a new administration won't deter this "new era" of FTC antitrust enforcement actions.
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October 24, 2024
LinkedIn Hit With €310M Irish Fine For Targeted Ad Practices
Ireland's data protection commission has handed down a €310 million ($335 million) penalty against LinkedIn for allegedly failing to have an adequate legal basis for processing European Union users' personal data for targeted advertising purposes, the regulator announced Thursday.
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October 24, 2024
Mich. AG Claims Express Scripts, Optum Fueled Opioid Crisis
The state of Michigan has taken aim at Express Scripts and OptumRx for their role in the opioid crisis in a complaint filed in state court Thursday, the latest state to claim the companies for years boosted sales of opioids by giving them favorable placement on drug lists in exchange for rebates.
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October 24, 2024
Colo. Justices Grill State On Biz Names, ID Theft Law
Colorado Supreme Court justices pressed state prosecutors Thursday on why a man's reversed conviction for identity theft should be reinstated, saying the identity theft law's use of "name" as a type of personal information seems to suggest the law refers only to people and not corporations.
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October 24, 2024
Bank Groups Appeal Loss In Suit Over CFPB Small Biz Rules
Lender trade groups that sued the Consumer Financial Protection Bureau over its reporting requirements for small businesses have appealed to the Fifth Circuit after a Texas federal judge granted the bureau's request for summary judgment in August.
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October 24, 2024
FINRA Says Its Regs Apply To Metaverse, Seeks Comments
Broker-dealers and other firms that are weighing incorporating the metaverse into their business operations should be mindful of how Financial Industry Regulatory Authority rules apply to such activities and reach out with any concerns about regulatory ambiguities, the regulator said Thursday.
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October 24, 2024
Walmart Sued Over Deceptively Marketed Avocado Oil
A Florida woman filed a proposed class action accusing Walmart Inc. of falsely advertising its avocado oil, deceiving consumers into thinking it was pure when it was actually cut with cheaper oils.
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October 24, 2024
AMA Latest To Sue MultiPlan Over Out-of-Network Pricing
The American Medical Association and the Illinois State Medical Society are the latest to accuse MultiPlan and the nation's largest health insurers of colluding through the use of the data firm's pricing tools to systematically underpay out-of-network providers, alleging in Illinois federal court Thursday that the "far-reaching and unlawful cartel" inhibits its members from offering critical care.
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October 24, 2024
Trade Orgs Back Google's Bid For 9th Circ. Play Store Pause
Trade groups and cybersecurity experts have told the Ninth Circuit to extend the pause on the mandate forcing Google to open up its Play Store and help rival app stores compete through that distribution mechanism, backing Google with amicus briefs warning of major disruptions to the app ecosystem.
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October 24, 2024
CFPB Cautions Over 'Unchecked Surveillance' Of Workers
The Consumer Financial Protection Bureau said Thursday it is taking action to protect consumers from "unchecked surveillance" in the labor force, issuing guidance that warns companies to get consent from workers when using algorithmic hiring scores or other outside profiling data for employment purposes.
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October 24, 2024
DOJ, DOT Launch Inquiry Into Air Travel Competition
The U.S. departments of Justice and Transportation said Thursday that they're launching a joint inquiry into the state of competition in air travel, the latest in a run of Biden administration competition- and consumer-driven initiatives.
Expert Analysis
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What To Know About Latest Calif. Auto-Renewal Law Update
While businesses have about nine months to prepare before the recently passed amendment to California's automatic renewal law takes effect, it’s not too early to begin working on compliance efforts, including sign-up flow reviews, record retention updates and marketing language revisions, say Gonzalo Mon and Beth Chun at Kelley Drye.
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.
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How To Avoid Liability When Using Cookie Consent Managers
As companies attempt to comply with consumer protection laws by implementing cookie consent managers on their websites, they must be wary of separate legal risks that can stem from implementing or using these tools incorrectly, says Ian Cohen at LOKKER.
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6 Tips For Trying Cases Away From Home
Excerpt from Practical Guidance
A truly national litigation practice, by definition, often requires trying cases in jurisdictions across the country, which presents unique challenges that require methodical preparation and coordination both within the trial team and externally, say Edward Bennett and Suzanne Salgado at Williams & Connolly.
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Taking Stock Of FCC's New Spectrum Rule For Drones
While an order recently adopted by the Federal Communications Commission is intended to provide drones with rapid access to a limited amount of spectrum in the 5030-5091 megahertz band, the commission envisions an incremental approach to full usage that will play out over the course of the coming months and years, say attorneys at Wiley.
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3 Coverage Tips As 2nd Circ. 'Swipes Left' On Tinder Claim
The Second Circuit's recent opinion in Match Group v. Beazley Underwriting, overturning Tinder's victory on its insurer's motion to dismiss a coverage action, reinforces three best practices policyholders purchasing claims-made coverage should adhere to in order to avoid late-notice defenses, say Lynda Bennett and Alexander Corson at Lowenstein Sandler.
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Proposed Legislation May Crack Down On Online Drug Ads
A bill recently proposed in Congress could serve as a sea change in how the U.S. Food and Drug Administration regulates drug-related speech, with significant trickle-down effects on various corners of not only the drug industry but also on consumers and providers themselves, say Dominick DiSabatino and Arushi Pandya at Sheppard Mullin.
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How Loper Bright Is Affecting Pending FCC Litigation
Pending challenges against Federal Communications Commission orders at the Sixth and Eleventh Circuits following the U.S. Supreme Court's decision in Loper Bright highlight that counsel must be familiar with the statutes, regulations and precedent relevant to the FCC to best navigate the rapidly changing compliance landscape, say attorneys at Davis Wright.
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A Blueprint For Structuring An Effective Plaintiff Case Story
The number and size of nuclear verdicts continue to rise, in part because plaintiffs attorneys have become more adept at crafting compelling trial stories — and an analysis of these success stories reveals a 10-part framework for structuring an effective case narrative, says Jonathan Ross at Decision Analysis.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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Dealmaker Lessons From CFIUS' New Enforcement Webpage
The Committee on Foreign Investment in the United States’ recently launched webpage, which details the actions — and inactions — that led to enforcement activity, provides important insights for dealmakers about filing requirements, mitigation commitments and the cost of noncompliance, say attorneys at Dechert.
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What's In Colorado's 1st-Of-Its-Kind Neural Privacy Law
Colorado recently became the first U.S. state to directly regulate neurotechnology with new legislation amending the Colorado Privacy Act to specifically protect biological and neural data, offering an example of how lawmakers can tackle the perceived regulation gaps in this area, say attorneys at Goodwin.
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What To Expect From Calif. Bill Regulating PE In Healthcare
A California bill currently awaiting Gov. Gavin Newsom's approval, intended to increase oversight over private equity and hedge fund investments in healthcare, is emblematic of recent increased scrutiny of investments in the space, and may affect transactions and operations in California in a number of ways, say attorneys at Ropes & Gray.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.