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Consumer Protection
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May 06, 2025
Senate Panel Advances Bowman For Fed Supervision Chief
The U.S. Senate Banking Committee on Tuesday endorsed President Donald Trump's selection of Federal Reserve Gov. Michelle Bowman to be the top bank regulatory official at the central bank, advancing her as part of his latest slate of financial nominees.
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May 06, 2025
Calif. Agency Hits Retailer In Latest Privacy Enforcement Strike
The California Privacy Protection Agency revealed its second action under a state data privacy law on Tuesday, requiring national clothing retailer Todd Snyder Inc. to pay more than $345,000 and overhaul its business practices to resolve claims that the company mishandled requests by consumers to stop the sale and sharing of their personal information.
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May 05, 2025
Class Cert. Partially Granted In Auto Insurance Discount Case
A California federal court partially granted class certification Monday over policyholders' claims that a group of insurers violated the state's rule on good driver discounts.
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May 05, 2025
OpenAI Abandons For-Profit Plan After Musk Suit Is Preserved
OpenAI announced Monday that it was no longer pursuing plans to transition the ChatGPT maker into a for-profit enterprise, changing course just days after a California federal judge refused to throw out the bulk of Elon Musk's suit challenging those plans.
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May 05, 2025
Iowa E-Cigarette Law Paused Over Federal Preemption
An Iowa federal judge has blocked enforcement of a new state law banning the sale of certain e-cigarettes while a legal challenge to the policy plays out, with the court finding the law at issue in the suit is likely preempted by federal law.
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May 05, 2025
'Punish' NSO For WhatsApp Hack, Meta Tells Jury In Closings
Meta's counsel urged a California federal jury during trial closings Monday to "punish" Israeli spyware-maker NSO Group by awarding "significant" punitive damages, plus $445,000 in compensatory damages, for "vile" conduct hacking 1,400 WhatsApp users' devices, while NSO's counsel argued Meta never lost money and its demands are a PR stunt.
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May 05, 2025
Debt Agency Agrees To $2.6M Deal To End Data Breach Claims
Debt collection agency and buyer NCB Management Services Inc. has agreed to pay $2.625 million to resolve consolidated proposed class action claims it failed to protect more than a million consumers whose personal information was compromised when it was hit with a companywide ransomware attack.
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May 05, 2025
Officials Seek More Depo Time In Live Nation Antitrust Suit
U.S. officials have asked a Manhattan federal court to extend deposition time in a lawsuit accusing Live Nation of anticompetitive practices in ticket sales to live entertainment events, saying they need more hours to seek testimony from several entities and individuals who were recently disclosed in the case.
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May 05, 2025
CFTC Drops DC Circ. Appeal Over Kalshi's Election Contracts
The U.S. Commodity Futures Trading Commission moved Monday to voluntarily drop its D.C. Circuit challenge over trading platform Kalshi's election contracts, which allow users to trade on the outcome of U.S. elections.
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May 05, 2025
House GOP Eyes Expanded CFTC Oversight Of Crypto
House Republicans indicated Monday that they want the U.S. Commodity Futures Trading Commission to play a key role in overseeing digital asset markets, a draft proposal that followed weekend pushback from Democratic senators opposed to other crypto legislation targeting so-called stablecoins.
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May 05, 2025
Calif. Stations Must Pay $32K Over File Failings, FCC Says
Two California TV stations have agreed to pay over $30,000 and to enter compliance plans after the Federal Communications Commission said they broke agency rules by failing to maintain and upload records regarding commercial limits in children's programming.
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May 05, 2025
Burger King Can't Chop Claims It Cooked Up Misleading Ads
Burger King can't toss a proposed class action alleging its advertisements misrepresent the size and amount of toppings in its iconic Whopper hamburger, a Florida federal judge ruled Monday, saying the consumers have plausibly alleged the advertisement photos "go beyond mere exaggeration or puffery."
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May 05, 2025
Crypto Exec Says Feds Failed To Disclose Key Evidence
An indicted co-founder of crypto mixing service Samourai Wallet told a New York federal judge on Monday about prosecutors' alleged "shocking" failure to disclose evidence that calls into question the criminal charges brought against him and asked for a hearing into the alleged slip-up.
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May 05, 2025
Pharma Co. Escapes Investor Liver Drug Trial Suit, For Now
Biopharmaceutical company Akero Therapeutics Inc. and its executives have escaped, for now, a proposed class action alleging they misled investors about the patient population in a clinical trial for Akero's liver disease treatment, with a California federal judge on Monday rejecting the suit's theory of motive for the defendants.
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May 05, 2025
Meta Users Refused 9th Circ. Appeal On Data Pay Cert Denial
A Ninth Circuit panel summarily refused to permit Meta Platforms Inc. users to immediately appeal a district court decision rejecting class certification for their antitrust case alleging the social media giant would have had to pay for their data if it didn't lie about privacy safeguards.
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May 05, 2025
EchoStar Says CBRS Revamp Won't Hurt Incumbents
EchoStar said a cable and broadband industry group was wrong to portray a plan to raise power levels in the Citizens Broadband Radio Service as possibly detrimental to existing users.
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May 05, 2025
Celsius Exec Decries 'Venom-Laced' Gov't Sentencing Memo
The founder of defunct cryptocurrency platform Celsius told a Manhattan federal judge that a sentencing memorandum in which prosecutors asked for a 20-year prison sentence was a "venom-laced" attempt to paint him as a "fiend" and ignore his prior law-abiding business ventures and status as a Soviet Jewish refugee.
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May 05, 2025
NC AG Vies To Force MV Realty CEO To Cooperate With Probe
North Carolina Attorney General Jeff Jackson urged a state court to force Antony Mitchell, the CEO of real estate brokerage MV Realty, to cooperate with his office's investigative demand order relating to a home-selling agreement offered by another one of Mitchell's companies, the state's Department of Justice announced Monday.
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May 05, 2025
NetChoice Sues Over Ga.'s New Social Media Age Limit Law
Internet trade group NetChoice has sued the state of Georgia over a new law set to take effect this summer that would limit minors' access to social media, arguing the bill unconstitutionally infringes upon the First Amendment rights of both adults and the children the measure is purported to protect.
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May 05, 2025
FB Exec Saw Messaging Apps As Threat, But Not WhatsApp
A former top Meta executive for Facebook Messenger and Instagram provided limited backing Monday for Federal Trade Commission allegations the company bought WhatsApp and Instagram to squelch competition, telling a D.C. federal judge that while he saw messaging apps as a real threat, those worries didn't include WhatsApp.
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May 05, 2025
Calif. Chamber Gets Acrylamide Cancer Warnings Deleted
A California federal judge has sided with the state's Chamber of Commerce in a suit challenging Proposition 65's requirement that companies warn buyers about dietary acrylamide in their products, finding that it violates the First Amendment's protections against compelled speech.
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May 05, 2025
Ohio Debt Collector Hit With Nuisance Calls Suit
A Marietta, Ohio-based debt collection agency violated state and federal laws against unwanted robocalls, according to proposed class claims filed Monday in federal court.
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May 05, 2025
Colo. Pastor Claims No Ill Intent In Alleged Crypto Scheme
A Colorado pastor accused of inducing $3.4 million in investments into a worthless cryptocurrency and pocketing more than a third of those investor funds told a state court Monday that the project didn't go as planned, but he and his wife had "no intent to evade the law."
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May 05, 2025
Amazon Seeks To Exit Prime Subscribers' Slow Delivery Suit
Amazon is urging a Washington federal judge to toss a proposed nationwide class action accusing the e-commerce giant of excluding Prime members in poorer ZIP codes from expedited delivery benefits, saying its subscription terms have always informed customers upfront that shipping speeds vary by geographic area.
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May 05, 2025
Peruvian Call Center Manager Accused Of Fraud In Fla. Court
A Peruvian call center manager and operator extradited to the U.S. pled not guilty to fraud-related charges in Miami federal court, nearly four years after her indictment in connection with an alleged extortion scheme that threatened Spanish-speaking customers with legal action if they did not pay for English language materials.
Expert Analysis
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The Tides Are Changing For Fair Access Banking Laws
The landscape of fair access banking laws, which seek to prevent banks from denying services based on individuals' ideological beliefs, has shifted in the last few years, but a new presidential administration provides renewed momentum for advancing such legislation against the backdrop of state efforts, say attorneys at Latham.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Opinion
How Congress Can Stem Consumer Finance Law Uncertainty
In the face of rising uncertainty about consumer finance laws that are based largely on fluctuating administrative rules, Congress should cement certain existing laws into statute and clarify federal agencies' delegations of authority, say attorneys at Bradley Arant.
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Why Trump's FTC May Not U-Turn On Robinson-Patman
The Federal Trade Commission's recent revival of Robinson-Patman Act enforcement may well be here to stay under the Trump administration — albeit with some important caveats for businesses caught in the government's crosshairs, say attorneys at Reed Smith.
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Opinion
Courts Should Nix Conferencing Rule In 1 Discovery Scenario
Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.
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4 Keys To Litigating In An Active Regulatory Environment
For companies facing litigation influenced by government regulatory action — a recent trend that a politically charged atmosphere will exacerbate — there are a few principles that can help to align litigation strategy with broader public positioning in the regulatory and oversight context, say attorneys at Jenner & Block.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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A Look At Shifting Legal Landscape For Data Brokers
An increasingly complex legal landscape at both the federal and state levels has expanded the types of businesses classified as data brokers, so consumer-facing businesses should consider their designations under these new regulations and any consequences for compliance and business operations, say attorneys at Morrison Foerster.
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Understanding Risks Of Celebrities 'Hawking' Crypto Tokens
Prominent social media personality Haliey Welch was recently sued over the promotion and sale of the Hawk Tuah cryptocurrency memecoin, underscoring the importance of public figures conducting due diligence to verify they aren't endorsing a token that is in fact a security, say attorneys at Sheppard Mullin.
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State AG Enforcement Is Poised For Another Pivot In 2025
Backed by a Republican-controlled U.S. House of Representatives and Senate, the Trump administration intends to make substantial policy changes, and attorneys general of both parties around the country are preparing their response playbooks, say attorneys at WilmerHale.
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The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.
The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.
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Del. Dispatch: Lessons From Failed Albertsons-Kroger Merger
The allegations in Albertsons' lawsuit against Kroger following the grocery stores' blocked merger demonstrate how a target company can best ensure that a buyer timely and effectively complies with its obligations to pursue the necessary regulatory approvals for a deal, say attorneys at Fried Frank.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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How Views On Healthcare Price Transparency Are Changing
Regulators' attitudes toward price transparency regulation have shifted over the past several years in ways that may seem contradictory, and research into detailed rate information published by hospitals and health plans has yielded mixed results, says Matthew List at Charles River Associates.