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Consumer Protection
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April 29, 2025
Justices Wary Of Issuing 'Advisory' Ruling In Class Cert. Row
The U.S. Supreme Court's latest attempt to address a pressing question about class certification standards may be doomed by a procedural hiccup, with a majority of justices expressing concern Tuesday that they didn't have the authority to wade into a dispute over approval of a class that contains uninjured members.
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April 29, 2025
Fla. AG Drops Claims FEMA Avoided Trump Supporters' Homes
Florida's attorney general said Monday that he has settled a lawsuit against the Federal Emergency Management Agency's administrator over an alleged directive instructing hurricane relief workers to avoid homes displaying signs in support of Donald Trump.
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April 29, 2025
CFPB Aims To Mediate Colony Ridge 'Reverse Redlining' Suit
The Consumer Financial Protection Bureau and a Houston-based real estate developer asked a Texas federal judge Tuesday to pause the bureau's reverse redlining suit so they can engage in mediation to resolve the case.
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April 29, 2025
Examining The EPA's Forever Chemical Plans
The U.S. Environmental Protection Agency says it plans to clarify who is liable for forever chemical contamination and hold polluters accountable, though questions remain as to whether current standards could be loosened and how much help could be needed from Congress.
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April 29, 2025
Adviser Renews Bid To Toss SEC Suit Over Liquidity Rule
Pinnacle Advisors LLC has again urged a New York federal judge to toss a U.S. Securities and Exchange Commission suit accusing the wealth management firm of exceeding its allowed allotment of illiquid investments, standing by its arguments that the so-called liquidity rule was wrongly promulgated.
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April 29, 2025
Amazon Can't Shake Return Policy Suit, Wash. Judge Rules
A Washington federal judge refused Tuesday to dismiss claims accusing Amazon of unlawfully recharging consumers under its "advanced refund" return policy, ruling that the e-commerce giant could face tort and quasi-contract liability alongside breach of contract allegations.
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April 29, 2025
Judge Mulls If Google Could Still Vie To Be Default Search
A D.C. federal judge probed potential middle grounds Tuesday for how to give Google's search engine rivals a leg up against the company's monopoly, asking how to avoid a "duopoly" with Microsoft and if Google might be permitted to continue paying browsers and phonemakers for default placement.
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April 29, 2025
Conn. Watchdog Urges Probe Into Avangrid Phishing Scam
Connecticut's Office of Consumer Counsel has asked the state utilities regulator to open a probe into Avangrid Inc.'s alleged public dissemination of customer information, telling the agency in a petition that two of its natural gas subsidiaries in the state fell victim to a phishing scam.
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April 29, 2025
Gore-Tex Maker Seeks Dismissal Of PFAS Suit
The company behind the waterproof fabric brand Gore-Tex urged a Washington federal court to dismiss a lawsuit accusing it of manufacturing with toxic forever chemicals while also "greenwashing" its image, arguing that the buyers, who did not actually test their garments, provide no proof that the clothing they bought contains these substances.
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April 29, 2025
Honda America Asks To Halt Faulty Brakes Suit
American Honda Motor Co. urged a California federal judge Monday to throw out an amended proposed class action alleging some of the automaker's vehicles equipped with automatic emergency braking are unsafe, arguing the claims are meritless because the owner's manuals disclose the possibility of false activations of the braking system.
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April 29, 2025
North Georgia Healthcare Provider Sued Over Data Breach
A regional healthcare provider and a collections agency have been hit with a proposed class action in Georgia federal court over allegations that their lax cybersecurity practices allowed hackers to steal the protected health information of patients during a July 2024 data breach.
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April 29, 2025
Kim Kardashian, Celebs Challenge Crypto Buyers' Cert. Bid
The co-founder of the EthereumMax crypto token and celebrities who allegedly promoted the offering told a California federal judge that a group of spurned buyers should not be able to certify their class action since they have not provided a way to determine how many transactions would fall in each category.
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April 29, 2025
23andMe Agrees To Privacy Ombudsman In Ch. 11
A Missouri bankruptcy judge on Tuesday signed off on a consumer privacy watchdog for 23andMe's Chapter 11 after the genetic testing group and 30 states agreed that a statutorily authorized ombudsman would be the best way to vet a Chapter 11 sale that includes 15 million users' DNA information.
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April 29, 2025
Watchdog Will Probe Trump Admin's Push To Shrink CFPB
The U.S. Government Accountability Office will look into whether the Trump administration's aggressive downsizing efforts have rendered the Consumer Financial Protection Bureau unfit for duty, agreeing to a review sought by Democratic lawmakers.
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April 29, 2025
Mich. AG Says Roku Breached Children's Data Privacy
The Michigan Department of Attorney General sued Roku in federal court Tuesday, accusing the streaming platform of illegally collecting the data and personal information of its underage users and sharing it with third parties without parental consent or the notice required by law.
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April 29, 2025
CRT Buyers Want $3.7B In Damages After Price-Fixing Default
Groups of buyers in long-running litigation over an alleged conspiracy to fix cathode ray tube prices asked a California federal court for $3.7 billion in damages after a default judgment against Chinese electronics company Irico Group for failing to preserve evidence.
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April 29, 2025
DoorDash, Grubhub Settle Fee Cap Fight With NYC
DoorDash, Grubhub and Uber Eats have reached a settlement in a case accusing New York City officials of passing legislation that unconstitutionally capped fees the delivery apps could charge restaurants, prompting a federal judge to sign off on a joint stipulation and order Monday that stayed the matter pending final resolution.
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April 29, 2025
Unilever Care Products Not So 'Naturally Derived,' Suit Claims
Unilever and Conopco sell Love Beauty & Planet and Dove Men's product lines that falsely claim to contain 90% or higher natural ingredients when, in fact, they contain only around 80 to 85% naturally derived ingredients, according to a proposed class action filed in California federal court.
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April 29, 2025
Trump Can't Reorganize Gov't Without Congress, Groups Say
President Donald Trump lacks the power to reorganize the executive branch and push for mass terminations of workers when Congress hasn't given its blessing, unions and other groups told a California federal court.
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April 29, 2025
Meta Looks To Delete User Antitrust Claims Over Pay For Data
Meta urged a California federal court Monday to end antitrust claims from consumers alleging they should be paid for their data, saying flawed expert theories that doomed class certification also sink the entire case for the remaining individual plaintiffs.
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April 29, 2025
Highmark Must Face Bulk Of Data Breach Lawsuit
A group of individuals who said their personal information was compromised in a phishing attack against health insurer Highmark can largely proceed with their proposed class action against the company, a Pennsylvania federal court ruled, finding the plaintiffs sufficiently alleged they'll suffer imminent and concrete injuries, thereby establishing standing.
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April 29, 2025
OKCoin Says Crypto Holders Can't Tie Firm To $2M Theft
Digital asset exchange OKCoin and its affiliates urged a California federal judge to dismiss a proposed class action accusing them of enabling cryptocurrency thieves, arguing the real cause of the plaintiffs' losses was the initial theft, not any actions by the exchange.
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April 29, 2025
Five Federal Pot Law Cases Sent Back To DC Superior Court
A District of Columbia federal judge has remanded to the city's Superior Court five cases from cannabis companies challenging the city's regulations after granting the companies' motion to dismiss all federal claims from the cases.
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April 29, 2025
Celsius Founder Should Get 20 Years For Fraud, Feds Say
Prosecutors have urged a federal judge in Manhattan to sentence the founder of defunct cryptocurrency platform Celsius to 20 years in prison, arguing he ran a "yearslong campaign of lies and self-dealing" that caused billions of dollars in losses to thousands of customers.
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April 29, 2025
Florida, 20 Other States Back FTC Commissioner Firings
A group of 21 Republican-led states and the Arizona Legislature are backing President Donald Trump's firing of two Democratic Federal Trade Commission members, telling the D.C. federal judge hearing the commissioners' case that the president has absolute authority over the commission.
Expert Analysis
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Unpacking First Consumer Claim Under Wash. Health Data Act
The first consumer class action claim filed under Washington's My Health My Data Act, Maxwell v. Amazon.com, may answer questions counsel have been contending with since the law was introduced almost a year ago, if the court takes the opportunity to interpret some of more opaque language, say attorneys at Polsinelli.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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Unpacking Liability When AI Makes A Faulty Decision
As artificial intelligence systems become more autonomous and influential in decision-making, concerns about AI-related harms and problematic decisions are growing, raising the pressing question of who bears the liability, says Megha Kumar at CyXcel.
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How To Create A Unique Jury Profile For Every Case
Instead of striking potential jurors based on broad stereotypes or gut feelings, trial attorneys should create case-specific risk profiles that address the political climate, the specific facts of the case and the venue in order to more precisely identify higher-risk jurors, says Ken Broda-Bahm at Persuasion Strategies.
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Why NY May Want To Reconsider Its LLC Transparency Law
Against the backdrop of the myriad challenges to the federal Corporate Transparency Act, it may be prudent for New York to reconsider its adoption of the LLC Transparency Act, since it's unclear whether the Empire State's "baby-CTA" statute is still necessary or was passed prematurely, say attorneys at Pillsbury.
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Expectations For SEC Exams As Private Credit Market Grows
The U.S. Securities and Exchange Commission may rely heavily on its Division of Examinations for regulating private credit markets amid their expansion into the retail investor space, so investment advisers should be prepared to address several likely areas of focus when confronted with an exam, say attorneys at Dechert.
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AG Watch: Texas Is Entering New Privacy Enforcement Era
The state of Texas' recent suit against Allstate is the culmination of a long-standing commitment to vigorously enforcing privacy laws in the state, and while still in the early stages, it offers several important insights for companies and privacy practitioners, says Paul Singer at Kelley Drye.
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Considerations As Trump Admin Continues To Curtail CFPB
Recent sweeping moves from the Consumer Financial Protection Bureau's new leadership have signaled a major shift in the agency's trajectory, and regulated entities should prepare for broader implications in both the near and long term, say attorneys at Pryor Cashman.
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6 Laws Transforming Calif.'s Health Regulatory Framework
Attorneys at Hooper Lundy discuss a number of new California laws that raise pressing issues for independent physicians and small practice groups, ranging from the use of artificial intelligence to wage standards for healthcare employees.
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Implications Of Kid Privacy Rule Revamp For Parents, Cos.
The Federal Trade Commission's recent amendments to the Children's Online Privacy Protection Act will expand protections for children online, meaning parents will have greater control over their children's data and tech companies must potentially change their current privacy practices — or risk noncompliance, say attorneys at Labaton Keller.
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2 Practical Ways For Banks To Battle Elder Financial Abuse
Federal regulators' recent statement raising awareness of elder financial exploitation provides a useful catalog of techniques that banks can employ to fight fraud, particularly encouraging older account holders to establish trusted contacts and sharing timely warnings about the latest scams with customers, say attorneys at Nutter.
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Examining Trump Meme Coin And SEC's Crypto Changes
While the previous U.S. Securities and Exchange Commission tended to view most crypto-assets as securities, the tide is rapidly changing, and hopefully the long-needed reevaluation of this regulatory framework is not tarnished by an arguable conflict of interest due to President Donald Trump's affiliation with the $Trump meme coin, say attorneys at Thompson Coburn.
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A Look At The Student Loan Case Pending At Supreme Court
The Trump administration is likely to drop the U.S. Supreme Court case of U.S. Department of Education v. Career Colleges and Schools of Texas after its review of the 2022 borrower defense to repayment rule, but any outcome will be significant for institutions participating in programs covered by Title IV of the Higher Education Act, say attorneys at Duane Morris.
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Recent Cases Suggest ESG Means 'Ever-Shifting Guidelines'
U.S. courts have recently handed down a number of contradictory decisions on important environmental, social and governance issues, adding to an already complex mix of conflicting political priorities, new laws and changing regulatory guidance — but there are steps that companies can take to minimize risk, say attorneys at Paul Hastings.