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Consumer Protection
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April 08, 2025
Justices Halt Order To Reinstate Federal Workers
The U.S. Supreme Court on Tuesday hit pause on a California federal court order reinstating tens of thousands of probationary federal workers who were fired from six agencies, agreeing with the Trump administration that the nonprofit groups that obtained the order lack standing to challenge the firings.
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April 07, 2025
Autotrader Website 'Tester' Can't Carry Privacy Suit
A California federal judge has tossed a proposed class action accusing Autotrader of unlawfully sharing website visitors' search queries with third parties, finding that the plaintiff didn't suffer an actionable injury because her expectations were met when she visited the website to "test" for privacy violations.
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April 07, 2025
Bigelow Emails Spill The Tea About 'USA' Label Lies, Jury Told
An attorney for a class of tea consumers suing R.C. Bigelow over a "Manufactured in the USA 100%" label that has already been found to be false told a California federal jury during closing arguments Monday that internal emails show that executives were either reckless or intentionally misled the public.
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April 07, 2025
Sig Sauer Says Gun Optics Recall Prevented Harm
Gunmaker Sig Sauer has asked a Pennsylvania federal judge to toss a proposed class action filed against it over a recall involving battery-powered firearm optics, claiming the plaintiff decided to initiate litigation despite not suffering any negative effects from it.
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April 07, 2025
FCC Agrees To Bankers' Request To Delay Call Consent Rule
The Federal Communications Commission agreed Monday to delay for a year a new rule expanding the scope of call consent revocation, after banking groups said they need more time to comply.
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April 07, 2025
Mont. State Senator, Farmer Challenge Canadian Tariff Orders
A Montana state senator and a Blackfeet Nation farmer are asking a federal court to block several Trump administration executive orders and proclamations that impose tariffs on Canadian goods and declare an energy emergency, arguing that the decisions are an unconstitutional attempt to regulate commerce while violating their treaty rights.
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April 07, 2025
Insurers Lose Subrogation Suits Over Blackbaud Data Breach
Several insurers cannot recoup investigation and credit monitoring expenses they covered for their insureds following a 2020 ransomware attack against Blackbaud, a Delaware state court ruled, saying two suits by the carriers failed to allege insured-specific facts in order to adequately plead breach of contract claims against the software company.
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April 07, 2025
Birth Control Companies Escape Conn. Long-Arm Injury Suits
Eight women who claim to have suffered severe and debilitating injuries after a birth control device — the Filshie Clip — implanted in their body migrated cannot sue in Connecticut state court the companies that designed, manufactured and distributed the clip, a judge has ruled, saying he doesn't have jurisdiction over the out-of-state companies.
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April 07, 2025
Coinbase Accused Of Scam Prevention Shortfalls
A California man has filed a proposed class action seeking to hold cryptocurrency exchange Coinbase liable for failing to implement safeguards against fraudsters who run "pig-butchering" scams.
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April 07, 2025
T-Mobile Says 5G Rural Fund Could Be Unnecessary
T-Mobile thinks a federal program to patch holes in rural 5G service using an auction fund could end up wasting money by getting off the ground too soon, and has urged the Federal Communications Commission to put the whole idea on ice.
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April 07, 2025
Fla. Man Pleads Guilty In $8.4M Medicare ID Fraud Case
A Fort Lauderdale man has pled guilty in Florida federal court to criminal charges accusing him of illegally buying Medicare identification numbers and using those numbers to help submit $8.4 million in false Medicare claims.
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April 07, 2025
Agri Stats Pushes Back Against DOJ Doc Bid In Antitrust Case
Agri Stats Inc. has told a Minnesota federal court that a U.S. Department of Justice motion seeking documents is just an effort to delay the government's case accusing the data firm of helping chicken, pork and turkey producers share competitively sensitive information.
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April 07, 2025
Drug Buyers, Generics Cos. Fight Over Bellwether Litigation
Generic drug buyers vied Friday with the pharmaceutical companies they've accused of price-fixing over how to shape the first rounds of long-gestating Pennsylvania federal court litigation that the plaintiffs want heard in separate consecutive trials and that the drugmakers want combined.
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April 07, 2025
Fintech Customers Sue Banks Over Synapse Collapse
Evolve Bank & Trust and Lineage Bank were hit with a consumer's proposed class action in Tennessee federal court accusing them of mismanaging their relationships with Synapse Financial, a now-bankrupt middleware fintech service that the suit says caused customers to lose $85 million.
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April 07, 2025
ACLU, Others Slam Bid To 'Magic Eraser' CFPB Redlining Deal
A slew of public interest groups mobilized Friday against the Trump administration's bid to recant a recently settled Consumer Financial Protection Bureau redlining case, telling an Illinois federal judge that the move is about politics, not fairness, and should be denied.
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April 07, 2025
Drivers Defend Class Action Over Ford Engine Fire Defect
Ford shouldn't be allowed to evade claims that it sold hybrid electric vehicles with defective engines that could spontaneously stall and catch fire, drivers told a Michigan federal judge, saying the automaker's solutions require them to continue driving "dangerous vehicles" that could undergo "a spontaneous catastrophic engine failure"
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April 07, 2025
AGs Announce $335M Opioid Deal With Mylan
New York Attorney General Letitia James on Monday said her office and those of other states reached a $335 million deal with Mylan to help combat the opioid crisis.
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April 07, 2025
NYC Sues Vape Cos. For Selling Flavored E-Cigs
The city of New York sued nine major distributors of electronic cigarettes on Monday, mirroring a related suit filed by the state in February alleging that the distributors are violating state and federal law by selling flavored products.
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April 07, 2025
SEC Orders Crypto Guidance Review As Deregulation Looms
Acting Chair of the U.S. Securities and Exchange Commission Mark Uyeda ordered a review of a number of staff statements on digital assets, to potentially change or withdraw them in light of the White House's policy directive on deregulation and recommendations from the Department of Government Efficiency.
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April 07, 2025
Ford Says Drivers Can't Sue Over Rare As 'Meteorite' Defect
Ford Motor Co. has urged a Michigan federal court to toss a class action alleging the automaker failed to fix through a recall a defect in its SUVs that can cause fires under the hood, arguing the vehicle owners cannot bring claims based on a defect it called "almost as rare as being struck by a meteorite."
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April 07, 2025
Mass. Firm Prevails Over Ex-Attys In Stolen Client Files Saga
A Massachusetts appeals panel has found that a law firm may recoup damages from its former attorneys who are accused of smuggling out client files to start a new shop while still employed, the latest ruling in a yearslong legal battle that has played out across the state's trial, appellate and supreme courts.
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April 07, 2025
Conn. Judge Pauses 'Staggering' Hospital Data Subpoena
A Connecticut judge temporarily paused a subpoena seeking what a health nonprofit called "a staggering amount" of confidential patient data by a proposed class of Constitution State residents accusing Hartford HealthCare Corp. of monopolizing the state's healthcare industry, stating that the court must review the subpoena first.
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April 07, 2025
Meta May Not Scroll Past 'Clever' Instagram Addiction Suit
Meta Platforms Inc. may struggle to convince Massachusetts' top court to dismiss a suit claiming it illegally hooks kids on Instagram, according to experts, who credit the state's attorney general for a creative legal strategy to thwart web platforms' usual defenses.
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April 07, 2025
Mortgage Lenders, Attys Stole From NY Debtors, Suit Says
A New York homeowner filed a proposed class action in Brooklyn federal court alleging that the state's mortgage lenders, loan servicing agents and foreclosure attorneys have conspired to inflate the amounts owed on post-foreclosure sales.
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April 07, 2025
Mass. High Court Ponders 'Reasonable' Wear In Lease Dispute
Massachusetts justices on Monday grappled with defining "reasonable" wear and tear on a rental property as they considered whether a property owner can require tenants to have their apartments professionally cleaned when moving out.
Expert Analysis
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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.
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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.