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Consumer Protection
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April 10, 2025
Fla. Judge Won't Revisit 'Let's Go Brandon' Coin Class Cert.
A Florida federal judge won't reconsider his partial certification of a class of purchasers of meme-inspired cryptocurrency LGBCoin in a suit alleging the price of the tokens cratered after its much-hyped plan to sponsor the coin's eponymous NASCAR driver fell apart.
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April 10, 2025
Holmes Seeks Full 9th Circ. Review Of Theranos Fraud Appeal
Convicted Theranos Inc. founder Elizabeth Holmes has asked the Ninth Circuit for en banc review of a panel's decision to affirm her criminal fraud conviction and 11-year prison sentence, saying problems with the opinion included a "time-warping relevance theory."
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April 10, 2025
Mint Mobile Secretly Records Customer Calls, Suit Says
Mint Mobile "routinely and intentionally" records conversations on its customer service line without notifying callers, according to a proposed class action moved to California federal court Wednesday.
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April 10, 2025
Ex-EBay Execs Want To Question Key Stalking Case Witness
Three former eBay executives facing claims they helped direct a campaign to harass bloggers critical of the company have told a Massachusetts federal judge they want to question a key witness about his past role as an undercover government agent.
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April 10, 2025
Conn. Firm Fights Atty Fee Award In Client's Suit Over Scam
Connecticut law firm Mancini Provenzano & Futtner LLC has asked a Constitution State court to reconsider its decision to award attorney fees and prejudgment interest to a former client after a fraudster used the firm's email system to rob the client of $90,586, arguing there was no bad faith to warrant such an award.
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April 10, 2025
Judge On Bid To Redo Wawa Breach Atty Fees: 'I Don't Buy It'
A Third Circuit panel on Thursday considering a class member's request to reconsider a $3.2 million attorney fee award in the Wawa data breach litigation seemed unconvinced of the argument that the number was the result of side-dealing attorneys, with one judge telling counsel, "I don't buy it."
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April 10, 2025
Fox Can't Depose LinkedIn Founder In $2.7B Smartmatic Case
A New York state judge Thursday denied Fox News' request to depose LinkedIn founder and Democratic donor Reid Hoffman about his investment in Smartmatic, but allowed limited questioning of his adviser as part of the voting company's $2.7 billion defamation case stemming from false claims that it helped rig the 2020 election.
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April 10, 2025
No Plan To Trim Do Kwon Case After Crypto Memo, Feds Say
A U.S. Department of Justice memo outlining the Trump administration's cryptocurrency policy and enforcement priorities has not prompted prosecutors to alter their $40 billion criminal fraud case against Terraform founder Do Kwon, a government lawyer told a Manhattan federal judge Thursday.
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April 10, 2025
Microsoft Pushes Back On UK's Cloud Software Findings
Microsoft has responded to the concerns raised by Britain's competition enforcer over the cloud services market, saying that artificial intelligence is radically reshaping the space, and that any regulatory intervention could make the industry less dynamic.
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April 10, 2025
NY Fines Block $40M For Cash App Compliance Failures
Jack Dorsey's financial technology firm Block Inc. said Thursday that it will pay a $40 million penalty to New York regulators over allegedly lax anti-money laundering procedures on its payments platform Cash App following a multistate settlement in January over similar alleged violations.
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April 10, 2025
6th Circ. Won't Block New Ky. Vape Regulations
The Sixth Circuit won't block enforcement of newly enacted e-cigarette regulations in Kentucky, saying the vaping interests' delays in bringing their suit against the state and asking for an injunction undermine their claims that they face "irreparable" harm.
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April 10, 2025
Kroger Customers Get Certification In Prescription Billing Suit
An Ohio federal judge certified three classes of Kroger pharmacy customers claiming they paid inflated co-pays for insured prescriptions, reasoning that the customers' claims raised common issues of law.
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April 10, 2025
Meta Trial Rooted In Decade-Old WhatsApp, Instagram Buys
Federal Trade Commission lawyers are set for a trial Monday that will assess the exact scope of competition that Meta Platform's offerings face providing personal social media services and the reach of monopolization allegations targeting its purchases of WhatsApp and Instagram.
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April 09, 2025
'Evasive' Unions Told To List Fired Probationary Workers
The California federal judge who ordered the reinstatement of many fired probationary federal workers before the U.S. Supreme Court stayed his ruling on Wednesday ordered the public sector unions representing federal staffers to provide a list of their booted members, calling their claims that the information would be difficult to produce "evasive."
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April 09, 2025
Device Co. Suggested 'Crazy Glue' To Fix Fatal Flaw, Suit Says
A widow has hit the medical device manufacturing subsidiaries of Bracco SpA with a wrongful death lawsuit in Mississippi federal court, claiming among other things that subsidiary ACIST Medical Systems Inc. suggested fixing a defective product with "crazy glue" or "Sharpie" after it caused her husband's death.
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April 09, 2025
Dems Decry 'Industry Wishlist' As House Mulls Crypto Rules
House Democrats on Wednesday sought to keep the Trump family's involvement in crypto ventures and the industry's lobbying efforts in sharp focus as lawmakers began devising market structure legislation for digital assets during a hearing.
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April 09, 2025
Fed Pick To Call For 'Reformed' Supervision, 'Pragmatic' Rules
President Donald Trump's nominee for a key bank policymaking role at the Federal Reserve will tell senators on Thursday that a back-to-basics "refocusing" of bank supervision and a return to regulatory "tailoring" are among the top priorities she plans to pursue on the job.
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April 09, 2025
Trump's FCC Nominee Faces Light Scrutiny At Senate Hearing
The woman that President Donald Trump has tapped to become the fifth member and final member of the Federal Communications Commission and cement the agency's Republican majority mostly skated through her nomination hearing Wednesday morning.
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April 09, 2025
Fla. Investigator Sued Over Tossed Insurance Fraud Cases
A Florida man accused of home insurance fraud and who later had his cases tossed by for lack of evidence has sued the criminal investigator who referred the charges, alleging a false set of facts that were negligently provided to state attorneys led to his malicious prosecution.
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April 09, 2025
Trump Orders Agencies To Identify Anticompetitive Rules
President Donald Trump signed an executive order Wednesday requiring federal agency heads to identify regulations that create anticompetitive barriers with recommendations for what to do about them, following the U.S. Department of Justice's recent announcement of its own similar initiative.
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April 09, 2025
FCC Weighs New Rule To Combat Scam Robocalls
The Federal Communications Commission released more information this week about a plan to clamp down on unwanted robocall traffic by closing what it considers to be a technical loophole in FCC caller authentication rules.
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April 09, 2025
Kansas Says Local Gov'ts Usurping State Powers In Shale Case
Kansas pushed to join multidistrict litigation accusing U.S. shale oil producers of conspiring with OPEC to inflate oil and fuel prices, arguing that local governments don't have the authority to pursue the class claims they've asserted against the companies.
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April 09, 2025
Insurer Settles Suit Blaming Bank Consultant For Data Breach
National Union Fire Insurance Company of Pittsburgh has settled a suit accusing a Washington-based consultant of security lapses after the personal data of over 10,000 bank customers ended up online, according to new filings in Evergreen State court.
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April 09, 2025
FDA: Pharmacies' Bid To Keep Making Eli Lilly Drug Is 'Absurd'
The U.S. Food and Drug Administration said it played by the book when it removed Eli Lilly & Co.'s lucrative weight loss drug from the shortage list and ended compounding pharmacies' right to make the drug, asking a Texas federal judge to grant judgment in the agency's favor.
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April 09, 2025
Country's Largest Egg Producer Discloses DOJ Price Probe
Cal-Maine Foods Inc., which bills itself as the country's largest producer and distributor of fresh shell eggs, on Tuesday became the first company to disclose being targeted by a U.S. Department of Justice civil probe into spiking egg prices.
Expert Analysis
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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.
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Citibank Wire Transfer Ruling Creates New Liability For Banks
A New York federal court's recent decision in New York v. Citibank, affirming the Electronic Fund Transfer Act's consumer protections cover wire transfers allegedly initiated by scammers who infiltrated Citibank customers' online accounts, creates new liability for sending financial institutions and upends decades-old regulatory guidance, say attorneys at Stinson.
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4 Do's And Don'ts For Trial Lawyers Using Generative AI
Trial attorneys who use artificial intelligence tools should review a few key reminders, from the likelihood that prompts are discoverable to the rapid evolution of court rules, to safeguard against embarrassing missteps, says Nate Sabri at Perkins Coie.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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11th Circ. TCPA Ruling Signals Erosion Of Judicial Deference
The U.S. Court of Appeals for the Eleventh Circuit recently came to the rescue of the lead generation industry, striking down new regulations that were set to go into effect on Jan. 27, a decision consistent with federal courts' recent willingness to review administrative decisions, say attorneys at Troutman.