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Consumer Protection
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July 22, 2024
Actor, Promoter Cop To Forcount Crypto Ponzi Scheme
An actor who purported to be the CEO of Forcount Trader Systems Inc. and another promoter of the fake cryptocurrency outfit on Monday both admitted to defrauding investors out of millions of dollars through a Ponzi-esque pyramid scheme.
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July 22, 2024
FCC, Industry Debate If Brand X Case Set Broadband In Stone
Industry groups are pushing their case to the Sixth Circuit that the Federal Communications Commission's net neutrality rules should be tossed because the demise of the Chevron doctrine trimmed agency's legal authority, but the FCC argues that the recent paring back of federal regulators' discretion means nothing for the agency's restrictions on broadband providers.
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July 22, 2024
House Dems Urge Tai To End Investor-State Dispute Deals
House Democrats are urging the U.S. Trade Representative to nix a mechanism allowing foreign investors to challenge government policies outside Western Hemisphere countries' judicial systems, saying corporations have used it as "ransom" to gain more industry-friendly results.
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July 22, 2024
Equifax Bracing For CFPB On Dispute-Handling, Coding Glitch
Equifax said Monday that the Consumer Financial Protection Bureau plans to pursue fines over the credit reporting giant's handling of consumer disputes and a separate, short-lived "coding issue" that affected some credit score calculations in 2022.
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July 22, 2024
FCC Blames AT&T Network Change For 'Sunny Day' Outage
The Federal Communications Commission said Monday it will consider enforcement action after finding that an AT&T network change triggered a massive service outage in February, which blocked more than 92 million calls and 25,000 attempts to reach 911.
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July 22, 2024
Michigan's Cases To Watch 2024: A Midyear Report
Michigan's highest court is preparing to take on cases that could restore imperiled PFAS regulations, prevent employers from cutting short employees' window to file civil rights claims and expand the reach of Michigan's consumer protection law. Here are some of Michigan's most important cases to watch for the rest of the year.
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July 22, 2024
Iowa Defends New Hemp Law From CBD Cos.' Challenge
A federal court should not interrupt Iowa as it continues to roll out new restrictions on consumables infused with hemp-derived THC, the state argued, saying there's been "no arbitrary enforcement" of the law, nor has its language proven to be "unconstitutionally vague."
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July 22, 2024
Price-Fixing Claims Against Par Pharma On Chopping Block
A Connecticut federal judge has asked a coalition of states to explain why he shouldn't toss two price-fixing lawsuits against Par Pharmaceutical Companies Inc., noting that the defendant and its parent, Endo International PLC, recently filed Chapter 11 reorganization plans shielding them from the cases.
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July 22, 2024
Ether ETPs To Begin Trading
A series of exchange-traded products holding the cryptocurrency ether are set to begin trading Tuesday, according to the exchanges listing the products.
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July 22, 2024
CryptoZoo Investor Can't Block Cross-Claims, Logan Paul Says
The influencer Logan Paul, who accused his former colleagues of fraud after an investor sued all of them over an abandoned cryptocurrency gaming project, has told a Texas federal court that the investor has provided no good reason to oppose default judgments on Paul's claims.
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July 22, 2024
What Attorneys Need To Know About JD Vance
Vice presidential nominee JD Vance's brief legislative record shows he is aligned with his fellow Republicans on hot-button issues like abortion and immigration, but it also indicates that the senator from Ohio may be willing to break with the GOP mainstream when it comes to regulating big business. Here's what attorneys should know about the vice presidential candidate.
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July 22, 2024
FTC Tells 5th Circ. Anesthesia Co. Can't Stop Antitrust Case
The Federal Trade Commission is telling the Fifth Circuit to dismiss U.S. Anesthesia Partners Inc.'s appeal in the FTC's antitrust case against it, saying the circuit court has no jurisdiction in the appeal because the lower court ruling at issue falls outside the scope of the collateral order doctrine.
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July 22, 2024
Nebraska AG Stops Shops From Selling Synthetic THC
Six Nebraska smoke shops have agreed to stop selling synthetic THC products, according to an announcement by the state's Attorney General's Office, which has sued more than a dozen retailers for violations of state consumer protection and food safety laws.
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July 22, 2024
DuPont, NC To Drop Docs Dispute In 'Forever Chemicals' Case
North Carolina and DuPont have come to terms in a dispute over allegedly missing documents as part of the state's lawsuit alleging the predecessor of Chemours and other chemical companies poisoned North Carolina's environment with "forever chemicals."
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July 22, 2024
NC State Resolves Cancer Patient's Fight To Test Building
North Carolina State University and a professor with cancer have ended a dispute over testing a campus building that contains cancer-causing chemicals, with the school telling the state's highest court the parties are ready to move on from that part of the legal dispute.
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July 22, 2024
In Transfer Row, Live Nation Calls DOJ Case Merger Deal 2.0
Live Nation and Ticketmaster formally asked a skeptical New York federal judge to transfer the U.S. Department of Justice antitrust lawsuit to Washington, D.C., arguing the case clearly grows out of an underlying 2010 deal clearing the merger the government now wants unwound.
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July 22, 2024
Cereal Buyer Claims General Mills' Cocoa Puffs Has Lead
A proposed class of cereal buyers has sued General Mills Sales Inc. in California federal court, alleging its Cocoa Puffs cereal contains undisclosed and high levels of lead.
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July 22, 2024
NC Hospital, Patients Nearing Deal In Hacking Suit
Columbus Regional Healthcare System and the patients who accused it of failing to properly protect their personal information at its North Carolina hospital have reached a tentative settlement agreement, according to a new notice asking the Tar Heel State's business court to pause proceedings while they hash it out.
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July 22, 2024
Lack Of 'Smoking Gun' Sinks J&J's Bid To DQ Beasley Allen
The Beasley Allen Law Firm may represent plaintiffs in multicounty talc injury litigation in New Jersey state court, after a judge found Johnson & Johnson failed to show a former Faegre Drinker outside counsel shared information he learned representing the company in earlier talc litigation.
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July 22, 2024
Boston Fund Can't Duck SEC's Unregistered Dealer Case
A Massachusetts federal judge on Monday kept alive U.S. Securities and Exchange Commission allegations that Boston investment firm Auctus Fund violated securities laws by failing to register as a broker-dealer when harvesting deeply discounted shares of cash-strapped public companies through debt agreements.
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July 22, 2024
FCC Waives 5.9 GHz Rules To Allow For Smart Car Tech
The Federal Communications Commission has voted to waive certain restrictive connectivity rules for cars, allowing automobile equipment manufacturers to make use of the 5.9 gigahertz band for Cellular Vehicle-to-Everything technology.
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July 22, 2024
Conn. AG Accuses Solar Cos. Of Illegal Sales Tactics
Connecticut Attorney General William Tong took three solar companies and two individuals to court for allegedly deceiving consumers into signing long-term contracts without informed consent and impersonating some people who refused so they could enter fraudulent solar contracts on those consumers' behalf.
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July 22, 2024
Meta Hit With Fresh Complaint Over 'Pay Or Consent' Model
Meta has been hit with a complaint from European consumer protection authorities, which fear that the tech giant's "pay or consent" business model for Facebook and Instagram misleads its users, the European Commission said on Monday.
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July 19, 2024
Boeing Judge Indicates Blowout Suit May Not Belong In Calif.
A California federal judge indicated Friday he was leaning toward dismissing a product liability suit against Boeing and Spirit AeroSystems by passengers of an Alaska Airlines flight that experienced a door plug blowout midair, saying he lacked of personal jurisdiction over the defendants.
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July 19, 2024
9th Circ. Judge Open To Reversing Google's Privacy Win
A Ninth Circuit judge appeared receptive Friday to reversing Google's summary judgment win in Chrome users' proposed privacy class action, telling Google's counsel that the standard is what a reasonable consumer would expect and "you have a much higher opinion of the average intelligence of the computer user than I."
Expert Analysis
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Series
NC Banking Brief: All The Notable Legal Updates In Q2
After federal banking agencies last quarter released a supplemental final rule updating the Community Reinvestment Act, North Carolina banks involved in community development should consider how the new rule might open up opportunities for investment and services that can benefit underserved areas, says Adam Goldblatt at Michael Best.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Series
After Chevron: No Deference, No Difference For SEC Or CFTC
The Chevron doctrine did not fundamentally alter the interplay between the courts and the U.S. Securities and Exchange Commission and the U.S. Commodity Futures Trading Commission in the development of the securities and commodities laws — and its demise will not do so either, says Dan Berkovitz at Millennium Management.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Roundup
After Chevron
In the month since the U.S. Supreme Court overturned the Chevron deference standard, this Expert Analysis series has featured attorneys discussing the potential impact across 26 different rulemaking and litigation areas.
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Series
After Chevron: Expect Few Changes In ITC Rulemaking
The U.S. Supreme Court's opinion overruling the Chevron doctrine will have less impact on the U.S. International Trade Commission than other agencies administering trade statutes, given that the commission exercises its congressionally granted authority in a manner that allows for consistent decision making at both agency and judicial levels, say attorneys at Polsinelli.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q2
The second quarter of 2024 in California, which saw efforts to expand consumer protection legislation and enforcement actions in areas of federal focus like medical debt and student loans, demonstrated that the state's role as a trendsetter in consumer financial protection will continue for the foreseeable future, say attorneys at Sheppard Mullin.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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What Passage Of House Crypto Bill Could Mean For Industry
While the prospects of the Financial Innovation and Technology for the 21st Century Act, which recently passed the House in a bipartisan fashion, becoming law remain murky, the manner of its passage may give crypto markets a real cause for hope, say Neel Maitra and Dale Beggs at Dechert.
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Series
NY Banking Brief: All The Notable Legal Updates In Q2
The second quarter of 2024 saw less enforcement activity in the realm of New York financial services, but brought substantial regulatory and legislative developments, including state regulators' guidance on cybersecurity compliance and customer service processes for virtual currency entities, say James Vivenzio and Andrew Lucas at Perkins Coie.
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4 Important Events In Bank Regulation: A Midyear Review
The first six months of 2024 have been fairly stable for the banking industry, though U.S. Supreme Court decisions and proposals from regulators have significantly affected the regulatory standards applicable to insured depository institutions, says Christina Grigorian at Katten.
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FTC Focus: Competition And The Right To Repair
If the Federal Trade Commission includes commercial and industrial products as part of copyright exemptions that allow consumers to modify or repair products, then businesses and affected rights holders will need to consider copyrights' impact on infringement issues, say attorneys at Proskauer.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Advisers Can Avoid Gaps In SEC Marketing Rule Compliance
A recent risk alert from the U.S. Securities and Exchange Commission and the enforcement history of the marketing rule indicate that advisers have encountered persistent difficulties in achieving compliance — but there are steps advisers can take to mitigate risks of violations, say Scott Moss and Jimmy Kang at Lowenstein Sandler.