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Consumer Protection
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February 03, 2025
Don't Give Tribes 'Veto Power' In Alaska Deployment, FCC Told
A group of Alaska rural carriers told the Federal Communications Commission on Monday it should not give Native American tribes "veto power" over federally funded broadband deployment projects, which they described as a "DEI approach" from the Biden era.
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February 03, 2025
DC Wants Pot Enforcement Suits To Stay In Federal Court
The District of Columbia is arguing that a group of suits by cannabis-related businesses and associations belong in federal court, saying it is "paradoxical" for them to want the cases removed to state-level court when they clearly involve federal law and constitutional questions.
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February 03, 2025
Trial Court Won't Pause Google Search Case For Apple Appeal
A D.C. federal court refused on Sunday to pause the remedies phase of the landmark monopolization case targeting Google's search dominance while Apple appeals a decision refusing to allow it to participate.
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February 03, 2025
Miss. Republican Renews Push For Nat'l Broadband Strategy
A Republican senator concerned about possible overlap in federal deployment programs has re-upped a legislative effort that started three years ago to direct the U.S. Department of Commerce to develop a clear national broadband strategy.
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February 03, 2025
Loan Refinancing Co. Fined $2.1M For Deceptive Ads
Massachusetts' securities enforcer hit student loan refinancing company Yrefy with a $2.1 million penalty Monday for allegedly targeting Bay State investors with misleading ads.
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February 03, 2025
Treasury's Bessent Takes CFPB Reins, Halts Agency Actions
President Donald Trump has handed the reins of the Consumer Financial Protection Bureau to U.S. Department of the Treasury Secretary Scott Bessent, who moved Monday to halt rulemaking and other activities at the agency after the ouster of its director, Rohit Chopra.
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February 01, 2025
Trump Fires CFPB Director Chopra, Eliciting Praise, Lament
President Donald Trump has fired Rohit Chopra as director of the Consumer Financial Protection Bureau in a widely expected move to purge another holdover of the Biden administration, drawing cheers from Republicans as Democrats warn of danger for the agency's future.
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January 31, 2025
Pause UScellular Deal During False Claims Case, Attys Say
Two communications attorneys have urged the Federal Communications Commission to reject the $4.4 billion transfer of UScellular spectrum licenses to T-Mobile, at least until their False Claims Act dispute with the company can be resolved in the D.C. Circuit.
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January 31, 2025
LinkedIn Member Scraps Claims Over Use Of Data To Train AI
A LinkedIn subscriber has dropped his recently filed proposed class action accusing the company of unlawfully sharing the sensitive contents of paid users' private messages with third parties to train generative artificial intelligence models, a practice that the company has asserted it "never did."
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January 31, 2025
Pharmacy Escapes Novo Nordisk's Suit Over Ozempic
A Florida federal judge has tossed a lawsuit by Novo Nordisk trying to stop a compounding pharmacy from dispensing drugs with the same active ingredient as Nordisk weight loss and diabetes drugs, finding that the drugmaker's claims are preempted by federal law.
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January 31, 2025
FDIC Fines Fintech Bank Over Fee, Disclosure Issues
Fintech bank Wex Bank has agreed to pay a $650,000 fine to the Federal Deposit Insurance Corp. to settle claims it allegedly failed to disclose certain fees and charged some customers higher fees than they agreed to pay, among other things.
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January 31, 2025
Ohio Businesses Hit Norfolk Southern With Derailment Suits
Norfolk Southern was hit with a slew of new lawsuits over the February 2023 train derailment and chemical spill in Ohio, including by two landlords who claim they lost tenants because of the environmental contamination.
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January 31, 2025
Uber Loses Bid To Block Colo. Rideshare Pay Disclosure Law
Uber Technology Inc. came up short in its effort to bar a Colorado law requiring the company to disclose driver pay to riders after a federal judge ruled Friday that the company hurt its own cause by waiting so long to raise the issue.
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January 31, 2025
DOJ Says Agri Stats Case About 'Broad' Ploy, Not Specific Data
The U.S. Department of Justice urged a Minnesota federal judge not to turn its antitrust case against Agri Stats into something it isn't: a line-by-line recitation about particular problematic data fields in the company's protein industry reports, rather than "a broad, multifaceted, and interconnected information exchange conspiracy."
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January 31, 2025
FCA, Chamber Tell 6th Circ. GM Defect Class Has Flaws
Fiat Chrysler, tax-exempt legal organizations and industry trade groups are urging the Sixth Circuit to undo the class certification of drivers suing General Motors over alleged transmission defects, arguing in amicus briefs that a trial court lumping the plaintiffs together "glossed over material differences in the evidence and applicable state laws."
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January 31, 2025
FCC Dem Blasts Escalation Of CBS '60 Minutes' Probe
A Democratic Federal Communications Commissioner is slamming the agency for its revival of a complaint regarding CBS' editing of an interview with former Vice President Kamala Harris, calling the move a weaponization of the commission's licensing authority.
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January 31, 2025
Express Scripts Says FTC Tried To Swamp It With Lawsuits
The Federal Trade Commission was trying to "paint a target on [pharmacy benefit managers'] backs" when it released a report that accused the pharmaceutical middlemen of inflating the cost of drugs, one such PBM told a federal court in defense of its suit against the agency.
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January 31, 2025
Amazon Must Give Up Docs In Consumer Class Antitrust Suits
A Washington federal judge said Friday he would order Amazon to hand over documents it's flagged as confidential to consumers bringing a trio of proposed antitrust class actions, saying he's "suspicious" of the e-commerce giant's privilege-logging practices.
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January 31, 2025
Texas Demands Jury Trial In 'Forever Chemical' Suit
The state of Texas called on a federal judge to grant it a jury trial in litigation against 3M, DuPont and others for alleged "misrepresentations and key omissions" they made about so-called forever chemicals.
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January 31, 2025
LA Fire Claims Tracker Reports More Than $4.2B In Payments
More than $4.2 billion in claims has been paid in connection with the devastating Eaton and Pacific Palisades fires in Los Angeles County that erupted in early January, according to data from a California Department of Insurance tracker.
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January 31, 2025
Ohio Customer Sues Eligo Over 'Exorbitant' Electricity Rates
An Ohio man hit retail energy supplier Eligo Energy LLC with a proposed class action alleging that the company fleeced him and tens of thousands of other customers through variable rates stemming from "unbridled price gouging and profiteering."
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January 31, 2025
Visa, Mastercard And Banks Oppose Swipe Fee Do-Over Bid
Visa, Mastercard and several major banks have filed a motion opposing cardholders' solicitations for a New York federal judge to reconsider dismissing claims from their interchange fee suit.
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January 31, 2025
Jet Co. Can't Escape Suits Over Producer's Death In Crash
A Florida federal judge has denied a jet charter company's bid to dismiss two lawsuits brought by the family members of a Puerto Rican reggaeton producer who died in a 2021 plane crash in the Dominican Republic, citing the company's substantial business ties to the Sunshine State.
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January 31, 2025
Out-Of-State Broker Must Face Texas Suit Over $25M Scheme
A Texas appeals court found an insurance broker can't escape a lawsuit alleging it conspired with a Texas law firm to defraud a couple using a $25 million scheme, saying in a Thursday opinion that obtaining a Texas license subjects the company to Texas law.
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January 31, 2025
Supreme Court Eyes Its 'Next Frontier' In FCC Delegation Case
A case about broadband subsidies will give the U.S. Supreme Court the chance to revive a long-dormant separation of powers principle that attorneys say could upend regulations in numerous industries and trigger a power shift that would make last term's shake-up of federal agency authority pale in comparison. And a majority of the court already appears to support its resurrection.
Expert Analysis
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Recent Listeria Outbreaks Hold Key Compliance Lessons
Listeria outbreaks in ready-to-eat foods from Boar's Head and other companies, and the U.S. Department of Agriculture and U.S. Food and Drug Administration responses to these outbreaks, should be closely evaluated from an overall compliance and risk management perspective by food manufacturers, retailers and industry investors, say attorneys at Kirkland.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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8 Tech Tips For Stress-Free Remote Depositions
Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.
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How To Safely Leverage AI In The Digital Assets Industry
Digital asset businesses that use or plan to implement artificial intelligence should assess their risk management frameworks to ensure that AI-related business areas, including customer support and fraud detection, are in compliance with applicable laws and regulatory guidance from the last year, say attorneys at Winston & Strawn.
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What Cos. Can Learn from Water Microplastics Class Actions
Class actions against companies whose bottled spring water allegedly contains microplastics, challenging claims such as "natural" and "100% spring water," seem to be drying up — but these cases serve as a good reminder to other businesses to review regulatory standards, and carefully vet plaintiff allegations at the outset, say attorneys at Keller and Heckman.
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$3B TD Bank AML Settlement Is A Wake-Up Call For All Banks
TD Bank’s historic settlement over anti-money laundering violations, resulting in over $3 billion in penalties, reminds banks of all shapes and sizes why they need to take financial crime compliance seriously, and highlights three areas that may be especially vulnerable to enforcement, says Jack Harrington at Bradley Arant.
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Opinion
The Right Kind Of Deregulation In Commercial Airline Industry
Similar to the economic deregulation that occurred more than four decades ago during the Carter administration, the incoming Trump administration should restore the very limited federal regulatory role in the economics of the airline industry, says former U.S. transportation secretary James Burnley at Venable.
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Unpacking The CFPB's Personal Financial Data Final Rule
The Consumer Financial Protection Bureau's personal financial data rights rule includes several important changes from the proposed rule, and hundreds of pages of supplementary information that provide important insights into the manner in which the bureau will enforce the final rule, say attorneys at Sidley.
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Opinion
Feds May Have Overstepped In Suit Against Mortgage Lender
The U.S. Department of Justice's lawsuit against Rocket Mortgage goes too far in attempting to combat racial bias and appears to fail on the fatal flaw that mortgage lenders should be at arm's length from appraisers, says Drew Ketterer at Ketterer & Ketterer.
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4 Ways Attorneys Can Emotionally Prepare For Trial
In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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The AI Consumer Class Action Threat Is Not A Hallucination
As regulators scrutinize whether businesses can deliver on claims about their artificial intelligence products and services, the industry faces a wave of consumer fraud class actions — but AI companies can protect themselves by prioritizing fundamental best practices that are often overlooked, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at the Torrenzano Group.
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Presidential Campaign Errors Provide Lessons For Trial Attys
Vice President Kamala Harris’ presidential campaign employed numerous strategies that evidently didn’t land, and trial attorneys should take note, because voters and jurors are both decision-makers who are listening for how one’s case presentation would affect them personally, says Reuben Guttman at Guttman Buschner.
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The Do's And Don'ts Of Commercial Debt Under Calif. FDCPA
Lenders, servicers and attorneys collecting on their behalf should pay careful attention to the consumer protections under the newly expanded California Rosenthal Fair Debt Collection Practices Act that may apply going forward to some commercial debts, say attorneys at Womble Bond.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.