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Consumer Protection
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May 08, 2025
Rising Tide Of Trump Pardons Not Lifting All Boats, Attys Say
President Donald Trump signed off on more pardons and commutations during his first 100 days in office than any president in modern history while bypassing the traditional clemency process that goes through the U.S. Department of Justice, potentially giving false hope to those who believe they have a chance to benefit from the executive actions but lack White House connections.
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May 07, 2025
Celebs And YouTubers Nix Most FTX Investor Claims, For Now
A Florida federal judge Wednesday freed several high-profile celebrities and YouTubers from a majority of claims FTX investors lodged in a sprawling multidistrict litigation over the cryptocurrency exchange's collapse, slashing all but two of the investors' claims, including aiding and abetting.
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May 07, 2025
FDA Gets Win In Eli Lilly Weight Loss Drug Shortage Fight
A Texas federal judge on Wednesday refused to reverse a U.S. Food and Drug Administration decision to remove Eli Lilly & Co.'s popular weight loss drug from a national shortage list, denying a request from pharmacies that produce copycat doses of the drug and entering judgment in favor of the FDA.
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May 07, 2025
Fla. City Residents' Suit Over Corroded Water Pipes Revived
A Florida state appellate court on Wednesday reinstated a proposed class action alleging negligence against the city of Miramar and a consultant over improperly treated tap water that led to damaged pipes in homes, saying the complaint sufficiently claimed the city assumed a duty to make sure water wasn't corrosive.
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May 07, 2025
Texas AG Warns Chinese Cos. To Get In Step With Privacy Law
The Texas attorney general has informed Alibaba, CapCut, TP-Link and several other companies with ties to the Chinese government that they have 30 days to remedy alleged violations of the state's comprehensive data privacy law or face "additional legal action," marking the latest escalation of the agency's privacy enforcement efforts.
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May 07, 2025
Glove Box Warranty Supports Arbitration In EV Suit, FCA Says
An attorney for FCA US LLC told a Michigan federal judge Wednesday that agreements in so-called glove box warranties are enough to send a class action alleging the automaker knowingly sold certain electric vehicles with defective batteries to arbitration, while a lawyer for the consumers said such a request is "unprecedented."
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May 07, 2025
Investors Fight J&J, Kenvue Bid To Nix IPO Fraud Suit
A New Jersey federal judge shouldn't reconsider his decision to sustain IPO fraud claims against pharmaceutical giant Johnson & Johnson and a former subsidiary, investors suing the companies said Wednesday by arguing that the judge was right to find that the companies should have disclosed a "serious challenge" to the effectiveness of a common medication ingredient in public filings.
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May 07, 2025
Google Is 'What's Best' For Users, Apple Exec Tells Judge
A top Apple executive forcibly defended the company's pick for its default search engine Wednesday, telling a D.C. federal judge that Google is the only real option, as the U.S. Justice Department looks to ban Google from paying the iPhone maker and others for default search engine placement.
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May 07, 2025
Fertility Co. Accused Of Selling Bogus Tests Wasting Embryos
Women who sought fertility treatment filed a proposed class action against CCRM Fertility in Colorado federal court Wednesday, alleging the fertility clinic chain "aggressively" marketed its preimplantation genetic testing to thousands of vulnerable patients despite knowing the test is unreliable and wasted preciously limited, viable embryos.
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May 07, 2025
Texas Bill May Limit Full Redress For Personal Injury Victims
A Texas bill aimed at reining in allegedly excessive jury awards granted to personal injury victims would be a boon for insurance companies, but it may threaten victims' ability to get full compensation for the consequences of another party's negligence.
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May 07, 2025
DOJ, FTC Seek Public Input On Live Event Ticketing Abuses
The U.S. Department of Justice and the Federal Trade Commission announced Wednesday they are seeking input from the public about potential abuses in the live ticketing industry, which comes after President Donald Trump's March executive order that looks to enforce "transparency at all stages of the ticket-purchase process."
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May 07, 2025
$525M Nuke Services Deal Faces Canada Competition Probe
Canada's competition regulator said Wednesday it has obtained court orders to get information from several companies as part of its investigation of nuclear technology firm BWX Technologies Inc.'s proposed $525 million acquisition of nuclear engineering company Kinetrics Inc.
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May 07, 2025
OCC Affirms Banks' Crypto Custody, Execution Capabilities
The Office of the Comptroller of the Currency on Wednesday made clear that banks can buy and sell crypto on behalf of their customers and outsource custody services to third parties, reaffirming a stance the regulator first took in 2020.
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May 07, 2025
Philips Presses For 'Certainty' On Next-Gen TV Transition
Electronics giant Philips is backing the National Association of Broadcasters' proposed timeline for stations to move to "NextGen TV," telling the Federal Communications Commission in a new filing that clear government action is needed to "shepherd the broadcast and consumer electronics industries towards a successful transition."
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May 07, 2025
Upstart Says SEC Has Ended Probe Into AI, Loan Disclosures
The U.S. Securities and Exchange Commission has closed an investigation into online lender Upstart's disclosures around the use of artificial intelligence for underwriting and loans, according to the firm's latest agency filing.
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May 07, 2025
Top Groups Lobbying The FCC
The Federal Communications Commission heard from advocates dozens of times throughout April about their concerns, from T-Mobile's planned takeover of UScellular's wireless operations to Native American tribes' needs for licensed spectrum, phone "unlocking" mandates to spur competition, satellite power limits and more.
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May 07, 2025
Politics, Tech Issues Top Concerns At Chicago Risk Event
Insurance and risk professionals around the country gathered in Chicago to discuss potential perils and opportunities for the future, with talks often centering on President Donald Trump's administration, technological developments and statutory reform of the legal system.
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May 07, 2025
Del. Justices Deny Bid To Revive Carvana Insider Trading Suit
Delaware's Supreme Court rejected a bid by Carvana stockholders to revive insider trading claims against the father of the company's CEO, alleging the senior businessman controlled the online car retailer and used inside information when selling $3.7 billion in shares.
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May 07, 2025
Walgreens Wants 'Far-Fetched' Shareholder Suit Tossed
Walgreens contends that a proposed class action alleging it inflated share prices by concealing the lack of viability of its pharmacy division and primary clinic investment must be dismissed because it lacks factual allegations to back its claim that Walgreens made any misstatements to shareholders about its financial outlook, let alone with fraudulent intent.
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May 07, 2025
Ex-Enforcers Back Higher Standard For Google Breakup
A bipartisan group of former federal antitrust enforcers stretching back to the Nixon administration has told the D.C. federal court overseeing the government's search monopolization case against Google that a high standard needs to be met when divestitures are sought.
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May 07, 2025
Splenda Maker Can't Claim Scientist's Research Is 'Defamation'
A North Carolina federal judge has partially dismissed claims from the maker of sweetener Splenda alleging that a scientist defamed the company by saying in a television interview that Splenda contains a harmful chemical, saying accurately stating the results of her research is protected by the First Amendment.
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May 07, 2025
Baltimore Claims Big Tobacco 'Playbook' Hooked Kids On Zyn
The city of Baltimore hit Philip Morris International Inc. with a consumer protection lawsuit in circuit court Wednesday, accusing the tobacco giant of violating a local ordinance by using "Big Tobacco's well-developed playbook" to deceptively market flavored Zyn nicotine pouch products and hook a new generation of nicotine users.
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May 07, 2025
Wells Fargo Forced Short Sales Despite CARES Act, Suit Says
Wells Fargo forced the short sale of a North Carolina woman's home by denying her forbearance on her mortgage as mandated under federal law at the onset of the COVID-19 pandemic, she alleged in a proposed class action filed in California federal court.
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May 07, 2025
Wyden Urges Probe Of White House Use Of TeleMessage App
Senate Finance Committee ranking member Ron Wyden, D-Ore., sent a letter Tuesday to Attorney General Pam Bondi requesting an immediate investigation of the "serious threat to U.S. national security" posed by White House personnel using TeleMessage, an app that archives Signal messages.
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May 07, 2025
Liberty Mutual Must Pay $1.3M Crash Verdict, Woman Says
A woman who won a $1.3 million verdict against a Liberty Mutual insured over a car crash said the insurer is now on the hook for the award, telling a Connecticut federal court the insurer could and should have resolved the suit within policy limits.
Expert Analysis
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During Financial Regulatory Uncertainty, Slow Down And Wait
Amid the upheaval at the Consumer Financial Protection Bureau and the slowdown in activity at the prudential agencies, banks must exercise patience before adopting strategic and tactical plans, as well as closely monitor legal and regulatory developments concerning all the federal financial regulators, say attorneys at Dorsey.
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Opinion
CPSC's Amazon Ruling Is A Win For Safety, Accountability
A recent U.S. Consumer Product Safety Commission order classifying Amazon.com as a distributor, and requiring it to comply with notice, recall, refund and remediation obligations for defective products, is a major victory for consumer safety — and for attorneys pursuing product liability claims against major online retailers, says Donald Fountain at Clark Fountain.
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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.