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Consumer Protection
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October 23, 2024
Ga. Firm Owner Denies SEC Ponzi Scheme Allegations
The owner of an Atlanta-area firm accused of running a multimillion-dollar "classic Ponzi scheme" has denied all wrongdoing, telling a Georgia federal judge he merely acted in reasonable reliance on others' advice and experience.
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October 23, 2024
DC Judge Won't Let DQ'd Atty Back On Dominion Case
A D.C. federal judge has refused to disturb an order disqualifying an indicted Michigan attorney from representing former Overstock CEO Patrick Byrne against a defamation lawsuit brought by Dominion Voting Systems.
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October 23, 2024
CFPB Says Goldman, Apple To Pay $89.8M Over Card Program
The Consumer Financial Protection Bureau said Wednesday that it has ordered Goldman Sachs and Apple to pay more than $89 million for alleged violations tied to their Apple-branded credit card partnership, including claims of mishandled customer disputes, misleading marketing and wrongful charges.
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October 22, 2024
Fraud Detector Inks $500K Deal In Webster Bank Breach Probe
A fraud detection vendor servicing Webster Bank NA will pay $500,000 to settle an investigation into a data breach that exposed the personal information of nearly 158,000 Connecticut residents, the state attorney general's office has announced.
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October 22, 2024
Wis. Voting Portal Fails Data Security Test, Suit Says
A pair of Wisconsin voters are pushing to stop the state from continuing to use an online voter registration system that they claim lacks adequate data security measures, including safeguards to prevent the dissemination of fraudulent absentee ballots, according to a lawsuit filed.
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October 22, 2024
Ex-Google GC Must Be Investigated By Calif. Bar, Groups Say
A trio of groups led by the American Economic Liberties Project on Tuesday pressed the State Bar of California to investigate former Google general counsel Kent Walker for "coaching" the company to "engage in widespread and illegal destruction of records relevant to multiple ongoing federal trials."
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October 22, 2024
Hagens Berman Says Vorys 'Opportunistically' Seeking Lead
Hagens Berman Sobol Shapiro LLP is fighting a bid by Vorys Sater Seymour and Pease LLP to take the lead in a proposed consolidated class action against gaming giant Valve Corp., saying that after they defeated Valve's arbitration provision Vorys sought to "opportunistically" seize the leadership role.
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October 22, 2024
CDC Links E. Coli Outbreak To McDonald's Quarter Pounders
The U.S. Centers for Disease Control and Prevention issued an alert Tuesday saying E. coli has been detected in McDonald's Corp.'s Quarter Pounder hamburgers, infecting nearly 50 people and killing one so far.
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October 22, 2024
Fla. Says 1st Amendment Doesn't Protect 'False' Abortion Ad
The Florida Department of Health said Tuesday that a campaign ad promoting an abortion rights ballot initiative is not protected by the First Amendment because it is an "out-and-out falsehood" that causes harm by misleading residents about the availability of emergency medical services in the state.
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October 22, 2024
Media, Small Biz Orgs. Fight FTC's 'Click To Cancel' Rule
The Michigan Press Association and the National Federation of Independent Businesses lodged a challenge Tuesday to the Federal Trade Commission's new "click to cancel" rule requiring that companies allow customers to ditch their subscriptions with a single click, telling the Sixth Circuit the commission has overstepped its authority.
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October 22, 2024
Don't Let Cities Eat Into Broadband Revenue, Think Tank Says
Giving local governments free rein to start charging broadband providers new franchise fees based on their use of public rights of way would be a bad idea that would drive up consumer costs and hinder the growth of connectivity, a free market think tank has argued.
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October 22, 2024
Monsanto Fights $78M Verdict In Philadelphia Roundup Trial
Bayer AG unit Monsanto has asked a Philadelphia judge to strike down a "grossly excessive" $78 million verdict handed up in the latest Philadelphia Roundup trial, claiming that the jury's view of the company was skewed because the plaintiff's counsel said Monsanto "poisoned" butterflies and bees and "poisoned the planet."
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October 22, 2024
NY Judge Trims HOA's Nuisance Suit Against Queens Stadium
A New York state court judge has pared a Forest Hills, Queens, homeowners association's nuisance suit against a local stadium owner accused of disturbing the neighborhood with lots of noise, traffic and crowds.
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October 22, 2024
Crypto Bills Have Lame Duck Potential, Rep. Hill Says
The chair of the U.S. House's digital asset subcommittee said Tuesday he is "still optimistic" a market structure bill for crypto and a framework for so-called stablecoins might move forward in some way during the upcoming lame duck session of Congress.
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October 22, 2024
FTC On Cusp Of H&R Block False Ad Settlement
The Federal Trade Commission has come to an agreement with H&R Block to settle claims of deceptive advertising and has withdrawn its complaint in order for the full commission to vote on the deal.
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October 22, 2024
Buyers Drop Colgate-Palmolive Sunscreen False Ad Suit
Two women have agreed to drop a proposed class action that claimed Colgate-Palmolive Co. falsely claimed its sunscreen products' only active ingredient is a mineral-based component despite the products containing significant levels of chemical sunscreen ingredients.
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October 22, 2024
Ark. Supreme Court Voids Nov. Effort To Expand Medical Pot
The Arkansas Supreme Court has determined that voters will not get to decide November 5 whether to expand the state's medical marijuana program via a ballot initiative after finding that the title and summary of the proposed constitutional amendment were misleading.
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October 22, 2024
Organic Food Group Asks 9th Circ. To Upend GMO Label Rule
An organic food industry advocacy group urged the Ninth Circuit on Tuesday to reverse a district judge decision that largely left a Trump-era organic food labeling rule intact, saying the U.S. Department of Agriculture's implementation of a nationwide labeling law for genetically modified foods has been "arbitrary and capricious."
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October 22, 2024
Alaska Flyers Lose Bid to Revive Merger Suit
The Hawaii federal judge who put the kibosh on a suit that sought to stop Alaska Airlines' $1.9 billion merger with Hawaiian Airlines declined to reconsider his finding that the passengers and travel agents bringing the antitrust claims didn't have standing to sue.
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October 22, 2024
Appliance Co., Customers Agree To End Stove Pollutant Row
Luxury kitchen appliance maker Sub-Zero Group Inc. and the customers behind a proposed class action have agreed to drop the litigation, bringing to an end claims the company sold them gas stoves that emit "health-harming" pollutants.
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October 22, 2024
Judge Skeptical Amgen Can't Sue Over Colo. Drug Price Caps
A Colorado federal judge on Tuesday seemed to doubt the state could short-circuit drugmaker Amgen's challenge to the state's drug price cap system, pressing the state to explain why limiting what consumers ultimately pay does not affect what companies like Amgen can charge.
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October 22, 2024
DOJ Wants Google's AI Search Docs, Apple Entry Thoughts
An expansive look into Google's artificial intelligence pipeline and the prospects of Apple entering into the search market are top of mind for the Justice Department as it pursues remedies meant to address the online giant's illegal monopolization of search, according to a D.C. federal court filing Monday.
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October 22, 2024
NJ Justices Create Mass Tort Track For Bard Catheter Suits
The New Jersey Supreme Court has established a multicounty litigation track for cases seeking to hold C.R. Bard Inc., Bard Access Systems Inc. and Becton Dickinson and Co. liable for injuries allegedly caused by Bard implanted port catheter products, according to a notice to the bar.
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October 22, 2024
SunTrust Argues Overdraft Fees Didn't Violate Ga. Usury Law
SunTrust Bank urged the Georgia Court of Appeals on Tuesday to overturn a trial court's denial of summary judgment in a decade-long class action alleging the bank's overdraft fees were unlawful interest charges that violated the state's usury laws, arguing courts overwhelmingly agree that the fees are not interest.
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October 22, 2024
Ex-Atty Charged With Stealing Settlement Funds From Clients
A former attorney who practiced in Oklahoma and gave up his law license in 2020 amid a disciplinary investigation has been charged in federal court with stealing money his then-clients were owed from settlements between 2015 and 2020.
Expert Analysis
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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Decoding CFPB Priorities Amid Ramp-Up In Nonbank Actions
Based on recent Consumer Financial Protection Bureau enforcement actions and press releases about its supervisory activities, the agency appears poised to continue increasing its scrutiny over nonbank entities — particularly with respect to emerging financial products and services — into next year, say attorneys at Wiley.
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How 3rd Circ. Raised Bar For Constitutional Case Injunctions
The Third Circuit's decision in Delaware State Sportsmen's Association v. Delaware Department of Safety & Homeland Security, rejecting the relaxed preliminary injunction standards many courts have used when plaintiffs allege constitutional harms, could portend a shift in such cases in at least four ways, say attorneys at Gibson Dunn.
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7th Circ. Ruling Expands CFPB Power In Post-Chevron Era
The Seventh Circuit’s recent ruling in Consumer Financial Protection Bureau v. Townstone Financial interprets the Equal Credit Opportunity Act broadly, paving the way for increased CFPB enforcement and hinting at how federal courts may approach statutory interpretation in the post-Chevron world, say attorneys at Saul Ewing.
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Opinion
Expert Witness Standards Must Consider Peer Review Crisis
For nearly two decades, the so-called replication crisis has upended how the scientific community views the reliability of peer-reviewed studies, and it’s time for courts to reevaluate whether peer review is a trustworthy proxy for expert witness reliability, say Jeffrey Gross and Robert LaCroix at Reid Collins.
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What's In NYDFS Guidance On Use Of AI In Insurance
Matthew Gaul and Shlomo Potesky at Willkie summarize the New York Department of Financial Services' recently adopted circular letter on the use of artificial intelligence in insurance underwriting and pricing, and highlight the material changes made to it in response to comments on the draft circular letter.
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Drip Pricing Exemption Isn't A Free Pass For Calif. Eateries
A new exemption relieves California bars and restaurants from the recently effective law banning prices that don't reflect mandatory fees and charges — but such establishments aren't entirely off the hook for drip pricing, due to uncertainty over disclosure requirements and pending federal junk fee regulations, say Alexandria Ruiz and Amy Lally at Sidley.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Opinion
Data Breach Reporting Requirements Must Change In AI Age
Outdated data breach reporting laws are inadequate to protect consumers in the age of artificial intelligence, as AI’s ability to determine relationships coupled with its improvements to deepfake technology mean that the very definitions used in breach reporting laws are no longer sufficient, says Collin Walke at Hall Estill.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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What To Know As Children's Privacy Law Rapidly Evolves
If your business hasn't been paying attention to growing state and federal efforts to protect children online, now is the time to start — there is no sign of this regulation slowing down, and more aggressive enforcement actions are to be expected in the coming year, says Susan Rohol at Willkie Farr.
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What Cos. Should Know About New Global Plastics Regs
As the global regulatory landscape for plastics and recycling changes rapidly — with new policies coming into effect in California, at the federal level, in the European Union and at the United Nations — businesses that operate across jurisdictions must stay informed to remain compliant, mitigate legal risk and achieve stewardship goals, say attorneys at O'Melveny.
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Dissecting Treasury's Call For Input On AI In Financial Sector
The U.S. Department of the Treasury's request for comments on the potential benefits and challenges AI may pose to the financial services sector, which asks how stakeholders are addressing and mitigating increased fraud risks, reflects the federal government's continued interest in AI's effects across the economy, say attorneys at Hogan Lovells.