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Consumer Protection
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May 09, 2025
Estate Fights Bid To End Fla. Nitrous Oxide Death Suit
The estate of a woman who died after inhaling nitrous oxide as a recreational drug urged a Florida federal judge to dismiss bids to reject the proposed class action from several smoke shops, arguing that the case should instead be sent back to state court.
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May 09, 2025
'See You In Court:' Fired CPSC Commissioner Vows To Sue
Consumer Product Safety Commissioner Richard Trumka Jr. said Friday that he plans to fight President Donald Trump's attempt to fire him, arguing that the president doesn't have the authority to sack members of the independent, bipartisan commission and telling Trump, "See you in court, Mr. President."
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May 09, 2025
Feds Put Heat On Foreign Data Transfers With Sweeping Rules
The U.S. Department of Justice's unexpected guidance and brief enforcement reprieve on a national data security program intended to curb foreign access to Americans' sensitive data has handed companies some welcome breathing room, but the strong interest that federal enforcers have shown in the topic means that businesses can't afford to delay compliance efforts.
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May 09, 2025
Vanguard Shared Customer Data With Meta, Others, Suit Says
Investment management company the Vanguard Group has been hit with a class action by users of its electronic services, claiming that the company allowed customers' personal information to be intercepted by LinkedIn, Meta and Google to build profiles based on their web habits.
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May 09, 2025
SEC's Crypto Retreat Warrants Court Scrutiny, Crenshaw Says
The U.S. Securities and Exchange Commission's lone Democratic member called on courts to "take a long hard look" at the agency's reversals in crypto enforcement matters in a scathing dissent of the agency's settlement with blockchain firm Ripple Labs, which she argued "undermines" earlier court decisions in the case.
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May 09, 2025
Terraform Labs Backer Can't Ship Fraud Suit To Arbitration
An early backer of failed crypto platform Terraform Labs cannot escape a lawsuit accusing it of propping up the company's fraud by sending the case to arbitration, with an Illinois federal judge ruling that the investor was not a signatory to a contract signed by users of the platform.
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May 09, 2025
Wells Fargo Execs Sued In Del. Over 'Sham' Diversity Efforts
A Wells Fargo stockholder launched a derivative suit on Friday in Delaware's Court of Chancery seeking damages from 17 of the banking giant's directors and officers for potentially billions in costs tied to alleged "sham" diversity-focused recruitment and hiring initiatives.
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May 09, 2025
Bipartisan Bill Would Make Tech Giants Help Pay For Networks
A bipartisan group of U.S. senators are renewing their push to get big tech companies and broadband service providers to pay into the government fund that supports network deployment.
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May 09, 2025
Energy Group Backs States' BlackRock Coal Investments Suit
An energy industry advocacy group backed Texas and several other states' claims that BlackRock Inc. and other investment groups took advantage of their large holdings in publicly traded energy companies to drive up coal prices.
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May 09, 2025
Coinbase Accused Of Charging Hidden Crypto Trading Fees
Crypto traders have accused Coinbase of charging them hidden "spread fees" by deceptively inflating cryptocurrency prices and hiding the fees in the price quotes, in violation of California and New York's consumer protection laws.
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May 09, 2025
Google AI Fixes Are About Tomorrow, DOJ Tells Judge
The U.S. Department of Justice closed out a D.C. federal court trial seeking to force Google to sell the Chrome browser and prop up rival search engines, with expert testimony arguing Friday that the proposed search monopolization remedies should include artificial intelligence, regardless of what generative AI is like today.
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May 09, 2025
Funds Fight GM Push For 2nd Look At Bid To Toss Cruise Suit
Investor plaintiffs have told a Michigan federal judge that General Motors shouldn't get a second chance to avoid proposed class claims alleging its self-driving car unit Cruise LLC misrepresented the technological capabilities and commercial readiness of its autonomous vehicles.
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May 09, 2025
Webull Fined $1.6M Over Lax Influencer Ad Oversight
The Financial Industry Regulatory Authority has fined Webull Financial LLC $1.6 million for allegedly failing to properly monitor or preserve influencers' social media communications about the firm and for not maintaining a sufficient supervisory system for those ads or the disclosure of certain filings for customers.
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May 09, 2025
Advocates Upset As Trump Targets 'Woke' Digital Equity
Broadband deployment advocates protested a Trump administration move to zero out the Digital Equity Fund, a $2.75 billion program to improve digital literacy skills, in a cost-cutting move at the U.S. Department of Commerce.
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May 09, 2025
IP Partner Rejoins Venable After Morgan Lewis Stint
Venable LLP has welcomed an intellectual property litigator back to its Washington, D.C., office after a stint at Morgan Lewis & Bockius LLP, touting her experience advising media, consumer product and software companies on a variety of IP matters, especially those involving artificial intelligence and copyright issues.
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May 09, 2025
Boeing, Alaska Air Can't Dodge Outrage Claim In Blowout Suit
A Washington state court judge has rejected attempts by Boeing and Alaska Airlines to dismiss claims for outrage brought by nearly 40 passengers over a harrowing door-plug blowout during a 737 Max flight in January 2024.
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May 09, 2025
More Conn. Dentists Reach Kickback Deals With AG, Feds
Connecticut state and federal authorities have reached more settlements in an ongoing investigation of dentists and dental practices paying kickbacks to patient recruiters, inking deals with providers based in Norwalk worth nearly $650,000, the attorney general's office said Friday.
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May 09, 2025
SoCal Edison Sued Over Eaton Fire Toxins That Harm Kids
Los Angeles Eaton Fire victims have hit Southern California Edison with another proposed class action in California state court, seeking to hold the utility liable for "an environmental catastrophe" caused by the fire, which allegedly continues to expose locals and their children to lead, asbestos and other highly toxic substances.
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May 09, 2025
Texas AG Lands $1.4B Data Privacy Settlement With Google
Google has agreed to shell out $1.375 billion to resolve a pair of suits from Texas Attorney General Ken Paxton over how the tech giant tracked and collected user data including geolocation, incognito-mode searches and biometric data, according to a Friday announcement.
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May 09, 2025
Souter's Clerks Remember Him As Humble, Kind And Caring
Former clerks of retired U.S. Supreme Court Justice David H. Souter are heartbroken over the death of a man many of them remember more for his conscientiousness, humility, kindness and disdain for the spotlight than for his undeniable brilliance as a jurist.
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May 09, 2025
Off The Bench: Latest NIL Deal Fix, More WWE Court Troubles
In this week's Off The Bench, the NCAA tries again to get its multibillion-dollar compensation settlement approved, two sets of accusers draw Vince McMahon's history of misconduct at the WWE into their complaints, and the men's tennis tour was ordered to stop threatening players over joining an antitrust suit.
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May 09, 2025
Clients Rely On Enviro Attys' Know-How On Rocky Reg Turf
The Trump administration's deregulatory agenda, staff reductions and funding threats are creating instability for industries that rely on environmental permits and communities reliant on pollution protections, leading law firms to dig deeper into their wealth of experience to better advocate for clients.
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May 09, 2025
Hiker And 'Raconteur': Atty Recalls 50-Year Bond With Souter
Behind a towering legal legacy was a man who loved to hike mountains, could recall details of things he read decades ago and was always there for those he cared about, a New Hampshire attorney said as he reflected on a lifelong friendship with U.S. Supreme Court Justice David Souter.
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May 09, 2025
Nestle Sued Over Sugar In 'Natural' San Pellegrino Drinks
Nestle USA is misleadingly and unlawfully touting its San Pellegrino sparkling fruit beverages as healthy and "natural" despite the carbonated drinks containing up to 26 grams of added sugar per can, according to a proposed class action filed in California federal court by two Golden State consumers.
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May 09, 2025
A Look At David Souter's Most Significant Opinions
The retired Justice David Souter defied simple definition, viewed as a staunch conservative until he co-wrote an opinion upholding abortion rights in 1992. He did not hew to partisan lines, but reshaped the civil litigation landscape and took an unexpected stand in an extraordinarily close presidential election.
Expert Analysis
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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.
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How Private Securities Suits Complement SEC Enforcement
U.S. Securities and Exchange Commission enforcement is vital to the healthy functioning of markets, but government enforcement alone is not enough to ensure meaningful monetary recoveries for investor losses due to securities law violations, say attorneys at Bernstein Litowitz.
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The Case For Compliance During The Trump Administration
Given the Trump administration’s shifting white collar enforcement priorities, C-suite executives may have the natural instinct to pare back compliance initiatives, but there are several good reasons for companies to at least stay the course on their compliance programs, if not enhance them, say attorneys at Riley Safer.
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Opinion
Despite Noble Intentions, Va. Usury Bill Is Bad For Consumers
A Virginia bill purportedly aimed at eradicating predatory online bank lending actually does nothing to achieve that goal, and instead would limit credit opportunities for state residents, says Catherine Brennan at Hudson Cook.
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Opinion
Undoing An American Ideal Of Fairness
President Donald Trump’s orders attacking birthright citizenship, civil rights education, and diversity, equity and inclusion programs threaten hard-won constitutional civil rights protections and decades of efforts to undo bias in the law — undermining what Chief Justice Earl Warren called "our American ideal of fairness," says Reuben Guttman at Guttman Buschner.
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Opinion
DOJ's Visa Suit Shows Pitfalls Of Regulating Innovative Tech
A policy of allowing free-market mechanisms to operate without undue interference remains the most effective way to foster innovation, and the U.S. Department of Justice's 2024 case against Visa illustrates the drawbacks of regulating innovative technology, says attorney Thomas Willcox.
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How Ill. Ruling Could Influence Future Data Breach Cases
The Illinois Supreme Court's recent decision in Petta v. Christie Business Holding, which was based solely on standing, establishes an important benchmark for the viability of Illinois-based lawsuits arising out of data security incidents that defendants can cite in future cases, say attorneys at Wilson Elser.
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CFPB Small Biz Study Brings Fair Lending Considerations
The Consumer Financial Protection Bureau's recent report highlighting potential racial discrimination in small business lending may not result in more aggressive enforcement under the Trump administration — but lenders can expect state regulators, private plaintiffs and advocacy groups to step up their own efforts, say attorneys at Husch Blackwell.