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Consumer Protection
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April 21, 2025
Exclusion Bars Coverage For Trade Secrets Suit, Insurer Says
An engineering firm's directors and officers insurer told a Nebraska federal court Monday it should owe no coverage for a settled lawsuit that accused the firm of conspiring to poach a rail contractor's employees and clients, citing an exclusion relating to the misappropriation of trade secrets.
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April 21, 2025
Consumer Groups Say FCC Should Limit Power Co. Calls
Power companies can't call customers about demand management plans just because those customers provided their phone numbers when they signed up for electric service, a coalition of consumer groups told the Federal Communications Commission.
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April 21, 2025
$650K Settlement Reached In Onboarding Data Breach Suit
A $650,000 settlement has been reached in a class action accusing a company that helps clients complete required Form 1-9 documents of failing to properly safeguard the personally identifiable information of hundreds of thousands in a February 2024 data breach.
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April 21, 2025
DraftKings Targeted Gambling Addicts, Suit Claims
Online gambling giant DraftKings Inc. and a subsidiary have been hit with a proposed class action accusing them of engaging in a range of deceptive practices including knowingly targeting people suffering from gambling addiction and allowing those on Pennsylvania's self-exclusion gambling list to open new accounts.
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April 21, 2025
FTC Accuses Uber Of Deceptive Subscription Practices
The Federal Trade Commission sued Uber on Monday, alleging the ride-hailing and delivery app charged consumers for its Uber One subscription service without their consent and made them "navigate a maze" to end the subscriptions while advertising that they can cancel anytime.
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April 21, 2025
FCC Commish Names GOP Strategist New Chief Of Staff
A Republican on the Federal Communications Commission has named a New York GOP strategist and media consultant as his new chief of staff and senior adviser.
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April 21, 2025
Crypto Cos. Sued Over 'Covert' Meme Coin 'Pump-And-Dump'
A proposed securities class action in New York federal court is accusing a crypto platform, a venture capital firm and their executives of a "covertly orchestrated" scheme to pump and dump a token affiliated with a newly launched meme coin exchange.
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April 21, 2025
CFPB Says Experian Can't Escape Suit Over Credit Reporting
The Consumer Financial Protection Bureau has asked a California federal judge to keep alive its lawsuit accusing Experian of mishandling consumer credit reporting disputes, arguing that the credit reporting agency "grossly mischaracterizes the complaint's allegations."
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April 21, 2025
Courts Equipped For Frivolous 'Quiet Hour' Suits, FCC Told
Courts can handle a flood of lawsuits claiming that plaintiffs received unwanted late-night phone calls without the Federal Communications Commission stepping in to decide if they're frivolous, consumer groups told the agency.
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April 21, 2025
YouTube's 'Nelk Boys' Want Suit Over NFTs Tossed
A pair of influencers behind the YouTube channel "Nelk Boys" asked a California federal judge to toss a lawsuit brought by a buyer of their crypto product who claimed the promised benefits never materialized, arguing the complaint does not show the defendants made any claims that have not or will not be fulfilled.
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April 21, 2025
Hertz Failed To Protect Customers' Data In Hack, Suits Say
Hertz and its cloud-based data management host have been hit with proposed class privacy suits claiming the Florida-based car rental giant negligently failed to follow even the most basic information security practices to help protect customers' personal information from a ransomware attack.
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April 21, 2025
Calif. Homeowners Say Insurers Colluded To Limit Coverage
California property owners affected by the Los Angeles wildfires accused over 300 insurers of conspiring to eliminate competition in the marketplace, forcing consumers to instead obtain fire insurance from the state's insurer of last resort, according to two lawsuits filed in state court.
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April 21, 2025
Unions Score Block On Orders To Fire Probationary Workers
A California federal judge blocked the Office of Personnel Management from ordering federal agencies to fire probationary employees and stopped several agencies from heeding its directives, but he declined to order them to rehire the workers they've already let go.
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April 21, 2025
Litigation Funder Accused Of Not Protecting User Data
Florida-based national litigation funder US Claims Capital LLC failed to protect the personal data of users ahead of a January data breach, according to a proposed class action filed in federal court in Palm Beach on Monday.
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April 21, 2025
Conn. Utility Says Regulators Must Hear PFAS Class Case
Eversource Energy subsidiary Aquarion Water Co. of Connecticut on Monday said claims that it failed to protect consumers from PFAS chemicals boil down to accusations that a proposed class paid too much for water, asking a state superior court judge to toss a lawsuit that rate regulators hadn't seen first.
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April 21, 2025
Ohio Accounting Firm Hit With Data Breach Class Action
Buckeye State accounting firm Ciuni & Panichi Inc. failed to protect its clients' personal information and did not give them timely notice after a cybercriminal accessed that data through an employee's email account, according to a proposed class action filed in Ohio federal court Monday.
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April 21, 2025
SafeMoon CEO Can't Ax Fraud Case Ahead Of Trial
A Brooklyn federal judge denied an effort from the former CEO of crypto firm SafeMoon to dismiss his fraud case, saying a jury should assess his arguments that the case lacks sufficient ties to the U.S. and that SafeMoon's marquee coin was not a security.
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April 21, 2025
Justices Kick Flavored-Vape Dispute Back To 5th Circ.
After the U.S. Supreme Court affirmed the U.S. Food and Drug Administration's authority to reject an e-cigarette company's application to market flavored vapes, the high court on Monday granted summary disposition on one other pending case on the same subject, while denying certiorari to three others.
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April 18, 2025
Walgreens To Pay DOJ $300M Over Invalid Prescriptions
Walgreens revealed in a U.S. Securities and Exchange Commission filing Friday that it will pay upward of $300 million to resolve U.S. Department of Justice allegations that it knowingly filed millions of prescriptions for opioids and other drugs that didn't have a legitimate medical purpose or weren't valid.
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April 18, 2025
Sig Sauer Gun Gear Recall Doesn't Fix Past Harm, Buyer Says
A Texas man is pushing back on gunmaker Sig Sauer Inc.'s bid seeking to end his lawsuit over a firearm-mounted product that had a faulty cap — allowing children easy access to a dangerous battery — telling a federal judge Friday that the company's recall doesn't resolve his claims.
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April 18, 2025
Google May See Some Light In The Ad Tech Ruling
The ruling this week in the U.S. Department of Justice's ad tech monopolization case against Google was a major victory but not a total win for the government, and it raises questions about what the fix should be, especially with a trial looming over remedies in a separate case over search.
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April 18, 2025
FCC Rejects Changes To 'Silkwave-2' Satellite Plan
The Federal Communications Commission has said no to a satellite operator's request to launch a new satellite after it promised that satellite would be space-bound before it retired a previous one but it didn't happen.
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April 18, 2025
1st Circ. Upholds Massachusetts' Assault Weapons Ban
The First Circuit on Thursday upheld a lower court's decision that a challenge to Massachusetts' 20-year-old ban on assault weapons is unlikely to succeed on the grounds that the ban comports with historical tradition.
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April 18, 2025
Nitrous Companies Decline Liability For Misused Products
The companies behind nitrous oxide brand Galaxy Gas urged a Florida federal court to end a proposed class action filed by the family of a woman who died while inhaling their product, arguing that they can't be held liable for "reckless and illegal misuse" of their canisters.
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April 18, 2025
Cybersecurity Ruling Misconstrues Law, FCC Told
Rural broadband companies are voicing opposition to a recent Federal Communications Commission decision requiring them to combat cybersecurity threats, saying the commission failed to consider the regulatory burden the new rules would impose on carriers.
Expert Analysis
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23andMe Case Highlights Privacy Complexities In Ch. 11
Attorneys at Pryor Cashman discuss the interplay between a sale of personally identifiable information and bankruptcy law in light of genetics and health company 23andMe's recent filing for Chapter 11 relief.
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Mass. AG Emerges As Key Player In Consumer Protection
Through enforcement actions and collaborations with other states — including joining a recent amicus brief decrying the defunding of the Consumer Financial Protection Bureau — Massachusetts Attorney General Andrea Campbell has established herself as a thought leader for consumer protection and corporate accountability, say attorneys at Troutman Pepper.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q1
Among the most notable developments in California banking in the first quarter of the year, regulators and legislators issued regulations interpreting debt collection laws, stepped up enforcement actions, and expanded consumer protections for those affected by wildfires, says Stephen Britt at Severson & Werson.
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Inside State AGs' Arguments Defending The CFPB
Recent amicus briefs filed by a coalition of 23 attorneys general argue that the Trump administration's efforts to dismantle the Consumer Financial Protection Bureau will irreparably harm consumers in several key areas, making clear that states are preparing to fill in any enforcement gaps, say attorneys at Kelley Drye.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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In-House Expert Testimony Is Tricky, But Worth Considering
Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.
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Reconciling 2 Smoke Coverage Cases From California
As highlighted by a California Department of Insurance bulletin clarifying the effect of two recent decisions on insurance coverage, the February state appellate ruling denying coverage for property damage from smoke, ash and soot should be viewed as an outlier, say attorneys at Reed Smith.
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Series
NY Banking Brief: All The Notable Legal Updates In Q1
The most noteworthy developments from the first quarter of the year in New York financial services include newly proposed regulations on overdraft fees, a groundbreaking settlement by the state attorney general, and a potentially precedent-setting opinion regarding the Electronic Fund Transfer Act, say attorneys at Quinn Emanuel.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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The OCC's Newly Relaxed Approach To Bank Crypto Activity
With the early March rescission of Biden-era interpretive guidance, the Office of the Comptroller of the Currency has loosened its approach to regulating national banks and federal savings associations' crypto-asset activities, possibly removing one barrier to banks engaging in such activities, say attorneys at Debevoise.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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How Trump Policies Are Affecting The Right To Repair
Recent policy changes by the second Trump administration — ranging from deregulatory initiatives to tariff increases — are likely to have both positive and negative effects on the ability of independent repair shops and individual consumers to exercise their right to repair electronic devices, say attorneys at Carter Ledyard.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.