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Consumer Protection
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December 12, 2024
9th Circ. Ruling Could Tank Gerber Baby Food False Ad Suit
A California federal judge weighing whether to toss a Bay Area mother's proposed class action accusing Gerber of deceptively claiming health benefits on its labeling for pureed baby and toddler food pouch products said Thursday that a recent Ninth Circuit decision in a similar case against Sprout Foods might doom the fraud claims against Gerber.
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December 12, 2024
Keller Postman Sues Jenner & Block In Escalating Tubi Fight
Keller Postman LLC added a new front Wednesday to its heated legal fight with Jenner & Block LLP, filing a California state court lawsuit accusing the BigLaw firm of employing a host of unethical tactics to gain leverage in mass arbitration against the streaming service Tubi.
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December 12, 2024
DOJ Seizes Rydox Cybercrime Site, Charges Administrators
A Pennsylvania federal judge on Thursday unsealed an indictment charging two Kosovo citizens who ran the illicit website Rydox with multiple criminal counts after the U.S. government seized the website, which has been used by cybercriminals to buy and sell thousands of Americans' personal information and dating profiles.
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December 12, 2024
Electric Co-Ops Oppose Proposed FCC Customer Service Regs
The National Rural Electric Cooperative Association is adding its name to the list of those who think the Federal Communications Commission's plan to impose new rules surrounding customer service is a bad idea.
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December 12, 2024
Koch Foods Demands $178K For 'Burdensome' Subpoena
Koch Foods has become the latest nonparty to an antitrust fight between Tyson Foods and a poultry rendering company to try to recover a six-figure legal bill from the latter company, after Koch said it was forced to comply with a "broad and ambiguous subpoena" for its communications with Tyson.
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December 12, 2024
Texas AG Targets Instagram, Reddit Over Youth Data Security
Texas Attorney General Ken Paxton announced Thursday that his office is looking into minors' privacy and safety policies of more than a dozen tech companies, including Character.AI, Reddit and Instagram, as part of his long-running campaign to stop companies from selling minors' personal information without permission from their parents.
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December 12, 2024
DC Circ. Leans Toward BofA In Pandemic Market Loss Bout
The D.C. Circuit is set to decide whether Bank of America had a duty to try harder to stop one of its clients from dumping his investments when the market tanked at the beginning of the COVID-19 pandemic, but at arguments Thursday morning, the panel did not seem to think so.
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December 12, 2024
Restaurants Latest To Accuse Potato Cartel Of Price-Fixing
A group of restaurants on Wednesday filed a lawsuit in Illinois federal court accusing the four largest potato processors of forming a cartel to fix the prices of French fries, tater tots and other frozen potato products, about a month after consumers brought the first such litigation.
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December 12, 2024
USAA Inks $3.25M Data Breach Deal With 22K Customers
More than 22,000 USAA customers have asked a New York federal judge to grant preliminary approval to a $3.2 million settlement to resolve a proposed class action alleging the company's security failures in its online insurance quote system allowed cybercriminals to open fraudulent memberships.
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December 12, 2024
Medicare Could Lose Billions From 'Patent Abuse,' Group Says
The $6 billion a year Medicare is supposed to save by negotiating drug prices under the Inflation Reduction Act is close to the billions of dollars the government could lose due to "patent abuse" by drugmakers, according to a new report by a consumer interest group.
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December 12, 2024
Wash. Man Gets 41 Months For Gamer-Duping Crypto Scam
A Washington federal judge has sentenced a Spokane man to 41 months in prison for running a crypto scheme in which he allegedly induced victims he met online, including users of dating apps and "Call of Duty" players, and via hailed rides to sink over $350,000 into a phony crypto investment fund.
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December 12, 2024
FDIC Must Reconsider Redactions Of Crypto 'Pause' Letters
A Washington, D.C., federal judge told the Federal Deposit Insurance Corporation on Thursday to "make more thoughtful redactions" of certain crypto-focused letters it handed over in response to a Freedom of Information Act lawsuit filed on behalf of crypto exchange Coinbase, since the regulator's heavy-handed first pass seemed to lack a "good-faith effort."
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December 12, 2024
Photobucket Accused Of Training AI On Photos Sans Consent
A proposed class action filed in Colorado federal court Wednesday alleges that image hosting website Photobucket unlawfully used billions of photographs uploaded by users for biometric data and training artificial intelligence.
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December 12, 2024
6th Circ. Appears Divided On Telecom Breach Reporting Rule
A Sixth Circuit panel seemed split over the Federal Communications Commission's tightened telecommunications data breach rules, with one judge defending the commission as taking necessary steps to safeguard consumers from a "true" danger and another claiming that the rule seemed to run afoul of lawmakers' wishes.
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December 12, 2024
J&J Shampoo Contamination Suit Sent Down The Drain
A New Jersey federal judge has thrown out a proposed class action alleging Johnson & Johnson sold coal tar-based shampoo that contained the carcinogen benzene, saying the plaintiff's allegations fall far short of giving him standing.
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December 12, 2024
MOVEit Data Breach MDL Survives Dismissal Bid
Progress Software and a group of more than 100 businesses, healthcare providers and government agencies can't end a putative class action over a data breach tied to Progress' MOVEIt file transfer tool, a Massachusetts federal judge said Thursday.
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December 12, 2024
AGs Launch Gun Violence Crackdown With Glock Suits
New Jersey and Minnesota unveiled lawsuits Thursday against Glock Inc. aimed at ending "once and for all" the homemade machine gun industry, marking the start of a crackdown by a coalition of enforcers looking to hold the firearms industry liable for gun violence.
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December 12, 2024
Rumble Gets Green Light To Join Google Ad Tech MDL
The Judicial Panel on Multidistrict Litigation rejected Google's bid to prevent video-sharing site Rumble from having its antitrust claims over key digital advertising technology included in the consolidated litigation pending against the tech giant in New York.
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December 12, 2024
Mobile Trade Group's CEO To Leave Organization Next Year
The president and CEO of mobile industry lobbying group CTIA will leave the organization when her contract expires next year, the group said Thursday.
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December 12, 2024
NTIA's Davidson Stepping Down Jan. 20
The head of the U.S. Department of Commerce branch in charge of managing federal use of the airwaves as well as a sprawling broadband deployment program confirmed Thursday he will leave the role in January when the Biden administration ends.
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December 12, 2024
FTC Dusts Off Price Bias Law In Booze Distributor Suit
The Federal Trade Commission sued Southern Glazer's Wine and Spirits LLC in California federal court on Thursday, dusting off a long-dormant price discrimination law with allegations that the country's largest alcohol distributor offered dramatic and unjustified discounts to large retailers that left smaller stores in the lurch.
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December 12, 2024
Banks Sue As CFPB Rolls Out $5 Overdraft Fee Rule
The Consumer Financial Protection Bureau said Thursday that it has adopted a general $5 fee cap for overdraft programs at larger banks and credit unions, finalizing it as part of a new rule that banking industry groups have rapidly mobilized to block with a lawsuit.
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December 11, 2024
Feds Fire Back At TikTok's Bid To Halt Sale-Or-Ban Law
The federal government Wednesday urged the D.C. Circuit to reject TikTok's bid to pause legislation poised to bar the app from the U.S. market next month while it takes its First Amendment fight to the Supreme Court, arguing TikTok is "downplaying" national security concerns that prompted the law.
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December 11, 2024
Google Likely Can't Nix Suit Over Collection Of Kids' Data
A California federal magistrate judge indicated Wednesday that Google likely won't be able to escape a proposed class action alleging YouTube illegally collected children's data from targeted ads, saying a seventh version of the complaint sufficiently alleged that the tech giant "engaged in highly offensive conduct."
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December 11, 2024
FTC, DOJ Pull Antitrust Competitor Collaboration Guidelines
The Federal Trade Commission and the U.S. Department of Justice announced Wednesday that they are withdrawing Clinton-era antitrust guidelines for collaborations among competitors, saying they "no longer provide reliable guidance" about how collaborations are assessed.
Expert Analysis
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A Look At How De Minimis Import Rules May Soon Change
The planned implementation of executive actions focused on the de minimis rule as it applies to shipments means companies should use this interval to evaluate the potential applicability and impact of Section 301, Section 201 or Section 232 duties on their products, say attorneys at Holland & Knight.
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Antitrust Issues To Watch Amid Google Ad Tech Trial
Regardless of the outcome of the U.S. Department of Justice's advertising technology antitrust suit against Google in Virginia federal court, matters ranging from market definition to unified pricing will likely have far-reaching implications for the digital advertising industry, competition and innovation, say attorneys at Holland & Knight.
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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.