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Consumer Protection
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April 03, 2025
Wash. AG Pushes RealPage Conspiracy Claims In New Suit
The Washington State Attorney General's Office launched a new lawsuit in state court on Thursday accusing RealPage of conspiring with landlords to jack up rent prices, after withdrawing from a similar federal case last month to pursue claims that could result in more restitution for Evergreen State renters.
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April 03, 2025
Google, Apple Staff Must Testify In Meta Antitrust Case
A D.C. federal judge said current and former employees of Google, Apple, TikTok, X Corp., Snap and other tech companies must testify at the Federal Trade Commission's upcoming antitrust trial against Meta Platforms Inc.
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April 03, 2025
$10M Heritage Pharma Price-Fixing Deal Gets Final OK
A Connecticut federal judge granted final approval to a $10 million deal between Heritage Pharmaceuticals Inc., its parent company Emcure Pharmaceuticals Ltd. and Emcure's founder Satish Mehta to resolve claims from a coalition of states accusing them of conspiring with other companies to inflate generic drug prices.
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April 03, 2025
Tribes Seek Priority Window For Upcoming Spectrum Auction
Native American tribes pressed the Federal Communications Commission to let them apply during a priority window for an upcoming auction of commercial spectrum, as the FCC has done previously to boost tribal connectivity.
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April 03, 2025
Baltimore Sues 'Exploitative' Online Sports Betting Giants
The city of Baltimore, in what appears to be a groundbreaking action for a municipality, on Thursday became the latest entity to sue sportsbooks DraftKings and FanDuel for alleged deceptive practices to entice potential bettors.
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April 03, 2025
Nationals Nearing Settlement Over Alleged Ticket Sale Bias
The Washington Nationals are approaching a settlement with two men who filed a proposed class action accusing the organization of being biased against older fans following an offer of discounted tickets to millennials.
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April 03, 2025
SEC's Gemini Crypto Trading Suit Paused For More Deal Talks
A New York federal judge paused the U.S. Securities and Exchange Commission's unregistered securities trading claims against cryptocurrency exchange Gemini Trust Co. after the agency and the company informed the court they were approaching a resolution, which would be the second deal reached in the case.
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April 03, 2025
'No Serious Question' Federal Firings Broke Law, Justices Told
Federal employee unions and advocacy groups urged the U.S. Supreme Court on Thursday to reject the Trump administration's bid to pause a California court order reinstating tens of thousands of probationary workers fired from six agencies, arguing the government can't escape self-inflicted harms brought on by its allegedly unlawful actions.
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April 03, 2025
Carnegie Mellon Student Sues Over August 2023 Data Hack
A Carnegie Mellon University student launched a proposed class action in Pennsylvania federal court on Thursday alleging that despite charging students a $470 technology fee presumably meant for maintaining network data security, the school negligently failed to stop an August 2023 hacking event that compromised students' personally identifiable information.
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April 03, 2025
SunSetter To Pay $9M Over Defective Awning Covers
A Massachusetts awning manufacturer will pay $9.25 million and implement a new compliance program to settle civil claims that it failed to report defective awning covers to the Consumer Product Safety Commission, allegedly leading to multiple injuries and at least one death.
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April 03, 2025
Trump FCC Nominee Set For Senate Hearing Next Week
The Senate Commerce Committee will hold an April 9 confirmation hearing on Olivia Trusty, the White House nominee for a third Republican seat on the Federal Communications Commission.
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April 02, 2025
RealPage Sues Berkeley Over Rent Pricing Software Ban
RealPage on Wednesday asked a California federal judge to block Berkeley, California's impending ordinance prohibiting the use of software to set rent prices, claiming the ban is unconstitutional and based on the "groundless" claim that the algorithmic real estate pricing company's software has contributed to rising rent.
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April 02, 2025
5th Circ. Presses Jackson, Miss., About Lead Levels In Water
A Fifth Circuit panel pressed the city of Jackson, Mississippi, about its allegedly slipshod handling of lead contamination in city drinking water during oral arguments Wednesday, with one judge saying city officials seemingly "very artfully avoided" questions about poisoned drinking water to skirt culpability.
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April 02, 2025
Justices' Ghost Gun Decision Worrisome Win For Gun Control
The U.S. Supreme Court's recent decision upholding a Bureau of Alcohol, Tobacco, Firearms and Explosives rule restricting so-called ghost gun kits is a clear-cut win for gun control proponents, but experts said it also signals a problematic shift to a supervisory role for the courts.
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April 02, 2025
DC Circ. To Hear Trump Admin's Bid To Stay CFPB Injunction
A D.C. Circuit panel said Wednesday that it will hold a hearing next week on whether to stay a federal judge's order barring the Trump administration from shutting down the Consumer Financial Protection Bureau, taking up what has also become a jurisdictional dispute.
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April 02, 2025
Fla. Panel Finds Rehab Center Owed Duty To Released Patient
A Florida state appellate court on Wednesday ruled that a Miami substance abuse treatment facility owed a duty of care to an involuntarily committed patient who was discharged for rule violations and later died of an overdose, finding the manner in which he was released went against regulations.
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April 02, 2025
Eligo Seeks Exit From Ohio Customer's Electricity Rates Suit
Private electricity provider Eligo Energy LLC has urged an Ohio federal judge to throw out a proposed class action alleging the company's variable rates are the result of "unbridled price gouging," saying the customer behind the suit saved money most months.
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April 02, 2025
Bigelow VP Didn't Want Name In Emails About 'USA' Label
A former R.C. Bigelow vice president testified Wednesday in a trial over the labeling of its products as "manufactured in the USA," agreeing that he once told a Bigelow executive he wished his name wasn't connected to the label, which a California federal judge has found to be false.
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April 02, 2025
Ill. Parade Shooting Survivors Can Sue Smith & Wesson
Smith & Wesson and gun retailers can't escape a lawsuit brought by families of victims of a mass shooting that killed seven people during a 2022 July Fourth parade in Highland Park, an Illinois state judge has ruled, largely denying their requests to apply immunity found in federal law that would have shielded them from civil liability.
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April 02, 2025
Serial Acquisitions Are Still On The FTC's Radar
The previous administration's focus on private equity firms making serial acquisitions in the same industry may continue under the Federal Trade Commission's new leadership, an agency official said Wednesday.
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April 02, 2025
Sprouts Hid Unsafe Heavy Metal In Sunflower Butter, Suit Says
Sprouts Farmers Market misleads customers into thinking its sunflower butter spreads sold under Sprouts' own brand is made with high-quality protein and safe to consume, despite containing dangerous levels of cadmium, which poses serious health risks, according to a proposed class action filed Wednesday in California federal court.
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April 02, 2025
Boeing CEO Tells Senate Panel Safety Overhaul Progressing
Boeing's CEO told a Senate panel Wednesday that the company remains focused on overhauling its corporate culture and plugging safety gaps on production lines, as the plane-maker continues to stabilize its business after being rocked by two 737 Max 8 crashes and a door-plug blowout.
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April 02, 2025
CFPB's FirstCash Lending Suit Paused For Settlement Talks
A Texas federal judge has agreed to pause the Consumer Financial Protection Bureau's Biden-era lawsuit accusing a leading U.S. pawn store operator of military lending violations, a case the agency is now discussing settling after deciding last month to move forward with it.
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April 02, 2025
With Dems Fired, GOP Recused, FTC Pauses PBMs Case
The Federal Trade Commission has stayed its insulin price-fixing case against pharmacy benefit managers for more than three months, saying it does not have any commissioners to hear it after two Republican members recused themselves and the two Democratic commissioners were removed from their posts by President Donald Trump last month.
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April 02, 2025
'You Sound Like Tobacco Cos.,' 9th Circ. Judge Tells Tech Atty
A Ninth Circuit judge expressed doubts Wednesday about a tech trade group's effort to preliminarily block California from enforcing a new law barring platforms from using algorithms to deliver addictive feeds to children, telling the group's counsel that social media might be worse than a carcinogen and "you sound like the tobacco companies."
Expert Analysis
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Critical Steps For Navigating Intensified OFAC Enforcement
The largely overlooked SkyGeek settlement from the end of 2024 heralds the arrival of the Office of Foreign Assets Control's long anticipated enhanced enforcement posture and clearly demonstrates the sanctions-compliance benefits of immediately responding to blocked payments, says Jeremy Paner at Hughes Hubbard.
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Expect Scrutiny Of Banks To Persist, Even Under Trump
Although the change in administrations brings some measure of uncertainty as to the nature of bank compliance oversight, if regulators in Washington, D.C., attempt to dilute the vigilance of federal superintendence, the states are waiting in the wings to fill the void, say attorneys at Polsinelli.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Likely Doomed CFPB Contract Rule Still Has Industry Pointers
While the Consumer Financial Protection Bureau's January proposal on consumer financial contract provisions is unlikely to be finalized under the new administration, its provisions are important for industry to recognize, particularly if state attorneys general decide to take up the enforcement mantle, say attorneys at Saul Ewing.
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The Risk And Reward Of Federal Approach To AI Regulation
The government has struggled to keep up with artificial intelligence's furious pace, but while an overbroad federal attempt to adopt a more unified approach to regulating AI poses its own risks, so does the current environment of regulatory uncertainty, say attorneys at Covington.
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Anticipating Direction Of Cosmetics Regulation Under Trump
It is unclear how cosmetics regulation reform from the last few years will fare under President Donald Trump, but the new administration's emphasis on deregulation and Robert F. Kennedy Jr.'s views on product safety provide some insight, say attorneys at Crowell & Moring.
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Drug Pricing Policy Trends To Expect In 2025 And Beyond
Though 2025 may bring more of the same in the realm of drug pricing policy, business as usual entails a sustained, high level of legal and policy developments across at least six major areas, say attorneys at Ropes & Gray.
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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.