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Consumer Protection
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April 08, 2025
'There Is No Duty To The World,' Hyundai Tells 9th Circ.
Hyundai urged the Ninth Circuit on Tuesday to toss negligence claims from cities in consolidated litigation alleging the automaker and its Kia subsidiary sold vehicles with design flaws that spawned car thefts prompted by a social media challenge, saying the cities are trying to impose on manufacturers "a duty to the world."
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April 08, 2025
House Working Group Fields Input On Data Privacy Efforts
Business groups and digital rights advocates responding to an influential House committee's call for feedback on the latest push to craft federal data privacy legislation showed no signs of backing down from their dueling positions on the key issues that have long stymied such legislative efforts.
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April 08, 2025
Google Accused Of Secretly Harvesting Student School Data
A group of parents hit Google LLC with a proposed class action in California federal court Monday, accusing the tech giant of using its K-12 education products to secretly harvest "massive" amounts of information on tens of millions of school age children without consent from students or their parents.
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April 08, 2025
Trump's CFPB Pick Could Be Confirmed By May, Scott Says
Senate Banking Committee Chairman Tim Scott, R-S.C., said Tuesday that a final confirmation vote could be just weeks away for Jonathan McKernan, who is President Donald Trump's nominee to head up the Consumer Financial Protection Bureau.
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April 08, 2025
TelexFree Investors Can't Sue Wells Fargo, Others As Class
A Massachusetts federal judge on Tuesday refused to grant class certification in a suit from investors claiming they lost money in the massive TelexFree Ponzi scheme, siding with a handful of defendants remaining in the multidistrict litigation.
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April 08, 2025
Four Robinhood Users Must Arbitrate Meme Stock Claims
A Florida federal judge overseeing the multidistrict litigation over Robinhood's decision to freeze trading in certain so-called meme stocks ordered four remaining plaintiffs in the case to arbitrate their claims, writing in an order that there's no dispute a valid arbitration agreement exists.
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April 08, 2025
5th Circ. Orders New Trial In $140M Healthcare Fraud Case
A Fifth Circuit panel shot down a bid from a suspect in a $140 million healthcare fraud scheme to forestall a second trial after alleged prosecutorial misconduct sank the first, finding the government hadn't intentionally withheld evidence.
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April 08, 2025
FDIC To Look At 'Indexing' Size Thresholds For Bank Rules
The Federal Deposit Insurance Corp.'s acting chief said Tuesday that the agency may recalibrate what counts as a large bank after years of inflation and is working on other broadly deregulatory plans for banks' living-will filings, a key leverage rule and more.
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April 08, 2025
US Seeks To Toss Utah Tribe's Water Claims Against Farm
The United States has weighed in on a tribe's dispute against a farm over water use and land rights in Utah federal court, arguing that U.S. officials have approved the water transfer agreements at issue as well as more than 200 others like them.
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April 08, 2025
FCA Seeks Sanctions For Driver Who Got Rid Of His Vehicle
Fiat Chrysler Automobiles says a proposed class action over allegedly defective door panels in older model Dodge Chargers and Chrysler 300s should be ended, partly because the alleged defect isn't covered by a warranty and additionally because one of the drivers got rid of his car before the automaker could inspect it.
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April 08, 2025
Dems Air Grievances But Advance Telecom Bills At Markup
The House Committee on Energy and Commerce managed to advance about 20 bills Tuesday, most of which dealt with telecom issues, including proposed legislation that would require the FCC to publish lists of licensees with ties to "adversarial" foreign countries and mandate a study on the dangers of foreign-made routers.
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April 08, 2025
Bigelow Tea Buyer Class Wins $2.36M In Trial Over 'USA' Label
A California federal jury found Tuesday that R.C. Bigelow committed fraud and violated the state's Consumer Legal Remedies Act by placing a label on some tea products touting it as "Manufactured in the USA 100%," awarding a class of Golden State tea buyers $2.36 million in damages.
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April 08, 2025
Pepsi, Frito-Lay Fight Pricing Claims From Stores
Pepsi and Frito-Lay have asked to toss a case accusing them of illegally charging Walmart, Target and other chain stores less for chips than smaller retailers, saying the stores bringing the case fail to make a direct comparison of sales to the different outlets.
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April 08, 2025
Porsche Seeks Toss Of Taycan EV Defect Suit
Porsche Cars NA Inc. has asked a federal court to dismiss nearly all claims brought against it in a proposed class action alleging the carmaker failed to disclose or adequately repair a defect in its Taycan electric vehicles for the model years 2020-2024.
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April 08, 2025
Students Urge Speedy Discovery In Ex-Coach Hacking Suit
As cases against the University of Michigan and a former assistant football coach over the alleged hacking of personal information and downloading of intimate photos move to one judge's docket, students in the first-launched lawsuit are seeking to speed up discovery so they can learn of their potential exposure from the breach.
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April 08, 2025
Volvo Battery Defect Risks Plug-In Hybrid Fires, Suit Says
Certain Volvo plug-in hybrid vehicles risk catching fire due to the Swedish automaker's faulty design and manufacturing of battery modules, one consumer alleged in a proposed class action filed Tuesday in Pennsylvania federal court.
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April 08, 2025
Wash. Co. Liable For Hack Involving 19K Workers, Suit Says
A Washington-based seafood producer has been hit with a proposed class action in federal court over a data breach that allegedly exposed the private information of more than 19,000 employees to hackers.
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April 08, 2025
Wash. Smoke Shop Settles Exploding Vape Battery Suit
An Evergreen State smoke shop has reached a settlement to end a consumer's suit over a lithium-ion e-cigarette battery that allegedly exploded in his pocket, according to new filings in Washington federal court, following a judge's decision in late March to let a vape wholesaler off the hook.
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April 08, 2025
3M Tells 2nd Circ. Conn. PFAS Suit Belongs In Federal Court
3M Co. on Monday told the Second Circuit that Connecticut's lawsuit accusing the company of polluting the environment with forever chemicals contained in its consumer products belongs in federal court.
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April 08, 2025
Subscribers Push For Arbitration In MLB.TV Data Sharing Row
An MLB.TV subscriber filed a petition on behalf of himself and 5,600 customers, asking a New York federal court to force the league's media arm into arbitration over allegations that it is misusing customers' personal information.
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April 08, 2025
CFPB Withdraws From MoneyGram Suit, NY AG To Continue
The Consumer Financial Protection Bureau told a New York federal judge that it would like to drop out of its Biden-era enforcement lawsuit against MoneyGram International Inc., a move that would leave behind the New York attorney general as the sole plaintiff in the case.
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April 08, 2025
Conn. Justices OK Debt Negotiator's Suit Against Watchdog
Connecticut's highest court will allow a trial judge to decide whether the Department of Banking can skirt the state's restriction on regulating attorneys to the judicial branch, declining Tuesday to end a suit that a law firm and its associated debt negotiation group brought against the state watchdog.
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April 08, 2025
No Sanctions For DC In RealPage Antitrust Case
The District of Columbia and its attorneys at Cohen Milstein have escaped a sanctions bid in the district's rental pricing case against RealPage Inc. and local landlords, as one of the building owners also had a motion to dismiss the claims against it denied.
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April 08, 2025
Berkshire Unit Looks To Transfer Commission Fee Claims
Berkshire Hathaway Energy Company is pushing a Missouri federal court to transfer a proposed class action accusing it and other companies of conspiring to artificially inflate buyer-broker commission fees, arguing the claims should be litigated in Iowa federal court instead.
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April 08, 2025
BMW Faces Class Action Over Water Pump Fire Risk
A driver has hit BMW with a proposed class action in North Carolina federal court over the manufacturer's recall of roughly 721,000 cars containing faulty water pumps that could leak and cause a fire.
Expert Analysis
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.
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Reconciling 2 Smoke Coverage Cases From California
As highlighted by a California Department of Insurance bulletin clarifying the effect of two recent decisions on insurance coverage, the February state appellate ruling denying coverage for property damage from smoke, ash and soot should be viewed as an outlier, say attorneys at Reed Smith.
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Series
NY Banking Brief: All The Notable Legal Updates In Q1
The most noteworthy developments from the first quarter of the year in New York financial services include newly proposed regulations on overdraft fees, a groundbreaking settlement by the state attorney general, and a potentially precedent-setting opinion regarding the Electronic Fund Transfer Act, say attorneys at Quinn Emanuel.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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The OCC's Newly Relaxed Approach To Bank Crypto Activity
With the early March rescission of Biden-era interpretive guidance, the Office of the Comptroller of the Currency has loosened its approach to regulating national banks and federal savings associations' crypto-asset activities, possibly removing one barrier to banks engaging in such activities, say attorneys at Debevoise.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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How Trump Policies Are Affecting The Right To Repair
Recent policy changes by the second Trump administration — ranging from deregulatory initiatives to tariff increases — are likely to have both positive and negative effects on the ability of independent repair shops and individual consumers to exercise their right to repair electronic devices, say attorneys at Carter Ledyard.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Justices' TikTok Ruling Sets Stage For 1st Amendment Battle
The U.S. Supreme Court's landmark ruling upholding a law requiring TikTok's sale sets the stage for an inevitable clash between free speech and government interests and signals that future cases will turn on whether a regulation poses a substantial burden on speech, say attorneys at Dykema.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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2 Recent Federal Decisions Affecting State CIPA Cases
Two recent cases may help stem the tide of the ever-increasing number of California Invasion of Privacy Act complaints filed in federal court, but won't prevent plaintiffs from filing in state courts, so companies need to shift their focus from Article III standing to statutory standing, says Matthew Pearson at Womble Bond.
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Opinion
Airlines Should Follow Treaty On Prompt Crash Payouts
In the wake of the recent crash of a Delta Air Lines flight during landing in Toronto, it is vital for air carriers and their insurers to understand how the Montreal Convention's process for immediate passenger compensation can avoid years of costly litigation and reputational damage for companies, says Robert Alpert at International Crisis Response.
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McKernan-Led CFPB May Lead To Decentralized Enforcement
Though Jonathan McKernan’s confirmation as director would likely mean a less active Consumer Financial Protection Bureau, the decreased federal oversight could lead to more state-led investigations, multistate regulatory actions and private lawsuits under consumer protection laws, says Jonathan Pompan at Venable.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Opinion
SEC Shouldn't Complicate Broker-Dealers' AML Compliance
Recent U.S. Securities and Exchange Commission anti-money laundering enforcement actions show that regulators should not second-guess broker-dealers' reasonable judgment, or stretch the law or their jurisdiction to regulate through enforcement, lest they expect broker-dealers to vigorously defend their AML programs, say attorneys at WilmerHale.