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Consumer Protection
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April 25, 2025
Manufactured Home Finance Biz Faces New 'Risky Loan' Suit
After the Consumer Financial Protection Bureau walked away from a similar case earlier this year, a proposed class action in Tennessee federal court accuses a Berkshire Hathaway-owned company of signing up customers for loans they couldn't afford for manufactured homes typically built and sold by an affiliate.
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April 25, 2025
Atkins Vows SEC Will Pursue 'Common-Sense' Crypto Policy
The U.S. Securities and Exchange Commission's new Chair Paul Atkins told crypto industry experts on Friday that the SEC will work to establish a "fit-for-purpose" framework for digital assets, while industry participants urged a principles-based approach to cover its rapid innovation.
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April 25, 2025
2nd Circ. Rejects Tesla Buyer's Deceptive-Ad Case
The Second Circuit on Friday rejected an appeal from a Tesla buyer who claimed he was misled about his car's self-driving capabilities, ruling that he'd waited too long to bring the proposed class action.
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April 25, 2025
Mass. Data Broker Accused Of Flouting Colo. Privacy Law
A Massachusetts data broker is violating a Colorado law barring the inclusion of personal cellphone numbers in online directories without permission, a proposed class action alleges.
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April 24, 2025
Circuit-By-Circuit Guide As Justices Confront Class Cert. Split
The U.S. Supreme Court is set for climactic arguments over class certification standards that have cleaved circuits from coast to coast for much of the past two decades, teeing up a make-or-break ruling for many class actions and a transformative event for legal practice in the swelling litigation realm.
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April 24, 2025
Rising Gold Prices Should Nix $3M SEC Deal, Ex-Exec Says
A former executive of a company that solicited investments in gold and silver coins has pushed back on the U.S. Securities and Exchange Commission's efforts to collect on a $3 million settlement he struck with the agency, telling a federal judge the deal should be vacated because prices for precious metals have recently "skyrocketed."
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April 24, 2025
House Panel 'Committed' To Passing Privacy Law, Staffer Says
A House Energy and Commerce Committee staff member had a message Thursday for those wondering if Congress would finally overcome the hurdles that have long stymied efforts to enact a federal comprehensive consumer data privacy law: "This time is different."
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April 24, 2025
Trump Pardons Politician Convicted Of Statue Funding Fraud
President Donald Trump has issued a "full and unconditional pardon" to a former Las Vegas city council member and ex-state assemblyperson who was convicted of stealing $70,000 in funds she said would be used to honor two police officers killed on duty, according to a filing Thursday in Nevada federal court.
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April 24, 2025
State Privacy Enforcers Push For Stronger Corporate Dialogue
Regulators responsible for data privacy enforcement in California, Colorado and Oregon are calling on companies to be more responsive and open to investigative inquiries, saying this approach could help achieve better outcomes as these offices move to bring on additional technology experts and fortify collaboration with each other.
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April 24, 2025
Google Case Judge Weighs Rivals' Data Needs Against Privacy
The D.C. federal judge weighing whether to break off the Chrome browser and force Google to share data with search engine rivals zeroed in Thursday on the balancing act between propping up other competitors and protecting the search data the Justice Department says they need to compete effectively.
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April 24, 2025
Long Island Man Gets 18 Years For Father-Son Crypto Scam
A Long Island man convicted of cheating investors out of millions of dollars by falsely promising to serve as a broker for crypto sales while pocketing the funds was sentenced to 18 years in prison on Thursday.
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April 24, 2025
Trump's Regulatory Thaw On Crypto Reaches Federal Reserve
The Federal Reserve on Thursday scrapped guidance that had instructed banks to consult with it before taking up cryptocurrencies, marking the latest step in a broader push to ease regulatory friction for digital assets under President Donald Trump's administration.
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April 24, 2025
Funds Manager Raided Coffers Before Ouster, Court Told
A Texas appeals court on Thursday questioned whether multiple commercial real estate funds had taken a vote before ousting a former manager accused of helping himself to company accounts, asking during oral arguments if the funds had followed correct procedures.
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April 24, 2025
Ill. Judge Won't Reduce Claims In Defective Smoker Suit
Grill manufacturer Char-Broil LLC can't escape claims it sold an electric smoker that shocked its users and didn't work correctly even after a recall, a Chicago federal judge ruled on Thursday, rejecting arguments that the buyers' fight is actually with the Consumer Product Safety Commission.
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April 24, 2025
Biz Court Questions What Ties TikTok To NC In Addiction Case
A North Carolina business judge grappled Thursday with the limits of personal jurisdiction in the internet age in the state's case alleging TikTok addicts young users, questioning whether a digital app is different from a physical good regarding where a lawsuit can be filed.
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April 24, 2025
Automaker Group Sues Wash. Over New Biz Licensing Regs
An auto industry trade group is urging a federal judge in Washington state to strike down recent changes to state business licensing regulations, saying the amendments put manufacturers at risk of penalties for following longstanding federal law on vehicle windshield labels.
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April 24, 2025
FDIC's Hill Faces Dems' Questions Over DOGE Access, Job Cuts
U.S. Sen. Elizabeth Warren and other Democrats called Thursday for the Federal Deposit Insurance Corp. to provide details about the presence of Elon Musk's Department of Government Efficiency at the agency, citing concerns the regulator could be weakened as it looks to reduce its headcount by roughly 1,250 staffers.
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April 24, 2025
Bankers Push FCC For Caller ID To Combat Fraud
The American Bankers Association has urged the Federal Communications Commission to move forward on a plan to reduce bank-impersonating phone calls by ensuring certain voice service providers implement a new caller identification authentication process within two years.
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April 24, 2025
10th Circ. Says City's COVID-19 Town Hall Calls Weren't Illegal
Albuquerque didn't break federal robocall laws when it sent residents automated calls to inform them that it would be hosting virtual public meetings during the early years of the coronavirus pandemic, the Tenth Circuit has ruled.
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April 24, 2025
Nevada Asks Court To Toss Kalshi Sports Contract Suit
Gaming authorities in Nevada have urged a federal judge to dismiss a lawsuit brought against them by online trading platform KalshiEx LLC, telling the court that a state agency's efforts to stop the company from offering betting on sports and elections is on solid legal footing.
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April 24, 2025
Fallout From Ex-Football Coach's Alleged Hacking Spreads
Three more universities were hit with lawsuits this week by students who say they were targets of a former University of Michigan and Baltimore Ravens coach accused of hacking accounts to steal intimate photos, as the number of suits stemming from the scandal continues to grow.
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April 24, 2025
Apple, Google, Roblox Duck Game Addiction Suit, For Now
An Illinois federal judge Wednesday dismissed Apple, Google and Roblox from a parent's proposed class action accusing multiple video game developers and platforms of peddling their addictive wares to children, saying the allegations lack specificity, but left open the possibility of amending the complaint.
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April 24, 2025
$1M Settlement In Ga. PFAS Litigation Gets Judge's Final OK
A Georgia federal judge gave a final sign-off Wednesday to a $1 million settlement that will see a chemical company provide temporary drinking water resources to a northwest Georgia town to end the company's involvement in a suit over the alleged release of forever chemicals into local waterways.
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April 24, 2025
9th Circ. Backs Oppenheimer Bid To Avoid FINRA Arbitration
The Ninth Circuit unanimously affirmed Thursday a lower court's ruling blocking two Washington state couples' bid to arbitrate claims against Oppenheimer & Co. Inc. before the Financial Industry Regulatory Authority, saying the couples weren't customers of the financial services company despite getting caught up in a former Oppenheimer employee's Ponzi scheme.
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April 24, 2025
DOT Carves Out Autonomous Vehicle Exemptions
The U.S. Department of Transportation on Thursday updated its policy for developing autonomous vehicles, pledging to ease regulatory hurdles for domestically produced vehicles in order to accelerate U.S. competitiveness in the self-driving car space.
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.