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Consumer Protection
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May 20, 2025
State AGs Say No To Nixing Wireless Site NHPA Reviews
Eight states are calling on the Federal Communications Commission not to listen to a major wireless trade group's petition encouraging it to cut "burdensome ... red tape," which the states say are actually mandates of the National Historic Preservation Act.
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May 20, 2025
Medical Supply Co. Faces Ga. Suit Over Unwanted Texts
A Florida-based medical supply company has been hit with a proposed Telephone Consumer Protection Act class action in Georgia federal court by a man who says he received several promotional text messages from the company after he added himself to the National Do Not Call Registry.
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May 20, 2025
Gov't Says Unions Too Slow In Calling For Halt Of Restructure
President Donald Trump called for a California federal judge to tank an injunction bid from unions and advocacy groups about his executive order instructing agencies to plan for reductions in force, arguing the request was delayed and the district court lacks jurisdiction.
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May 20, 2025
Vape Pen Exploded In Conn. Man's Pocket, Suit Says
A Connecticut man claims a vape blew up in his pocket, causing severe burns to much of his leg, according to a state lawsuit that seeks damages against the retail store that sold the product and e-cigarette manufacturer GeekVape Technology Co. Ltd.
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May 20, 2025
BofA Class In Out-Of-Network ATM Fee Fight Narrowed
A California federal judge tweaked the definition of a class of account holders suing Bank of America over out-of-network fees for balance inquiries at certain ATMs, agreeing to exclude certain members from the class but largely rejecting the bank's qualms with the class certification.
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May 20, 2025
Meta Asks To Toss Claim That Illegal Tool Scraped Tax Info
Meta's tracking tool did not violate state privacy law, the company argued, urging a California federal court to toss a claim calling the tool an unauthorized recording device that collected sensitive information from tax filing websites H&R Block, TaxAct and Tax Slayer.
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May 20, 2025
SafeMoon CEO's Crypto Talk 'Riddled With Lies,' Jury Told
A Brooklyn federal jury was set to deliberate charges accusing a U.S. Army veteran from Utah of conspiring to loot crypto company SafeMoon, after federal prosecutors on Tuesday walked jurors through what they called powerful evidence of the former CEO's guilt.
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May 20, 2025
CFPB's Guidance Purge May Have Limited Impact For Industry
The Trump administration's recent culling of Consumer Financial Protection Bureau guidance may help advance the agency's pivot to lighter-touch regulation, but consumer advocates and even some financial services attorneys say the rescinded policies could still shape litigation and leave companies guessing about the agency's current views.
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May 20, 2025
TikTok's Bid To Get NY Docs From AG Sunk By New State Law
A New York state judge on Tuesday denied TikTok's bid to force the New York attorney general to turn over agency documents related to claims the app harms children's mental health, relying on an amendment tucked into the state's budget that was signed into law this month.
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May 20, 2025
Meta Says Too Late For 'Dramatic Shift' In Antitrust Argument
Consumers who claim Meta monopolized the social media advertising market are attempting to make a late "dramatic shift" from their years-long argument that all of its users should have been paid a "made-up figure" of $5 a month for their data, the company told a California federal court Monday.
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May 20, 2025
Trump Calls For FCC Spectrum Auctions In Budget Bill
President Donald Trump on Tuesday jumped into the ongoing debate about federal auctions of the airwaves by calling for inclusion of spectrum sales in the budget reconciliation bill pending in Congress.
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May 20, 2025
Judge Denies Meta's Mid-Trial Bid To End FTC Monopoly Case
A D.C. federal judge refused Tuesday to cut short the trial in the Federal Trade Commission's monopolization lawsuit against Meta Platforms Inc., not finding the clear evidentiary failure necessary to nix the government's case over the company's purchases of WhatsApp and Instagram.
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May 20, 2025
Senate Dems Protest Broadband Deployment Delays
A dozen Senate Democrats urged President Donald Trump to curtail the U.S. Department of Commerce's potential overhaul of a $42.5 billion broadband deployment program created during the Biden administration.
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May 20, 2025
State AGs Back NJ Judicial Privacy Law At 3rd Circ.
Most states' attorneys general, along with law enforcement organizations and a data privacy group, have encouraged the Third Circuit to uphold a New Jersey judicial privacy measure, saying states have sovereignty to enact such laws in a time of increased threats against judges.
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May 20, 2025
Former Hemp Worker Brings Paraquat Suit Against Syngenta
A Colorado man formerly employed in the hemp industry alleged in a new federal lawsuit that his exposure to the herbicide paraquat while at work is responsible for his Parkinson's disease.
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May 20, 2025
FTC Case Against Greystar Stayed For Settlement Talks
A Colorado federal judge has stayed a Federal Trade Commission suit alleging developer and property manager Greystar advertised deceptive rental prices after the parties notified the court that they are in "active settlement negotiations" that could resolve the entire case.
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May 20, 2025
Veterinarian, Manager Ask To Exit $6M Horse Semen Suit
Two employees of a veterinary firm have asked a Washington federal court to toss a lawsuit accusing them and others of malpractice and negligence stemming from the destruction of about $6.4 million worth of purebred Arabian stallion semen during transport, arguing the complaint improperly lumps all the defendants and allegations together.
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May 20, 2025
Apple Can't Get Quick Pause Of App Store Order At 9th Circ.
The Ninth Circuit agreed Monday to expedite briefing in Apple's appeal challenging a lower court's new injunction mandating certain App Store policy changes, but the panel declined to rule on Apple's emergency request to pause the injunction as Apple and Epic Games brief the hotly contested dispute.
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May 20, 2025
Indirect Chicken Buyers' Attys Seek Additional $12M In Fees
Attorneys for commercial and institutional indirect purchaser plaintiffs in sprawling antitrust litigation against the nation's top poultry producers asked an Illinois federal judge Monday to approve roughly $12 million in additional attorney fees after they secured more than $41 million in additional deals since a prior fee motion.
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May 20, 2025
Legal Ed Platforms Settle Attorney's Data Harvesting Suit
Two platforms for continuing legal education content have settled a proposed class action from a Seattle attorney which alleged that the companies violated the Video Privacy Protection Act by using Meta's Pixel tracking software on their sites, the parties said Monday.
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May 20, 2025
ZoomInfo Accused Of Illegally Selling Cellphone Numbers
ZoomInfo is facing allegations that it violates Colorado law by selling individuals' cellphone numbers without their consent, in a proposed class action that was moved to Washington federal court last week.
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May 20, 2025
Veterans Seek Certification For VA Consultant Fee Claims
A proposed class of veterans urged a North Carolina federal judge to certify their claims against a consulting firm they allege charged them millions in illegal fees, arguing that the individual claims of thousands all hinge on a single statutory interpretation.
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May 19, 2025
Senate Advances Stablecoin Bill After Dem Backers Return
The U.S. Senate's proposal to regulate stablecoins is headed to the floor after lawmakers voted to close debate on the bill Monday evening, clearing a procedural hurdle after first stumbling earlier this month when Democrats pulled support to pursue further negotiations.
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May 19, 2025
House Urged To Ax Proposed 10-Year Ban On State AI Laws
More than 140 civil rights and consumer advocacy groups on Monday became the latest to oppose a sweeping provision in the U.S. House of Representatives' budget proposal that would place a 10-year moratorium on states enacting or enforcing laws to regulate emerging artificial intelligence systems, joining a bipartisan coalition of state enforcers that issued a similar call last week.
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May 19, 2025
Diamond Dealer Sentenced In $13M Fla. Fraud Case
A Florida federal judge sentenced a Pennsylvania man to more than six years in prison after he admitted to defrauding more than 100 victims out of $13 million in connection with a diamond investment Ponzi scheme.
Expert Analysis
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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.
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How Southern Calif. Fires Can Affect National, Local Pricing
The fire-related California state of emergency declared last month in Los Angeles and Ventura counties triggered laws around price-gouging and pricing restrictions that affect not just individuals and businesses in the state, but also nationwide, meaning sellers should be mindful of how price changes are discussed and rolled out, say attorneys at Proskauer.
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Inside The Uncertainty Surrounding CFPB's Overdraft Rule
The Consumer Financial Protection Bureau's overhaul of overdraft fee regulation hangs in limbo as the industry watches to see whether new leadership will repeal the rule, allow it to stay in place, or wait for congressional action or the courts to drive its demise, say attorneys at Alston & Bird.