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Consumer Protection
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March 03, 2025
FDIC Beats Bank's Constitutional Fight Over In-House Judges
A Kansas federal judge tossed on Monday a local bank's constitutional challenge to administrative law judges presiding over the Federal Deposit Insurance Corp.'s $20.5 million anti-money laundering enforcement proceeding against the bank, ruling that the district court does not have the jurisdictional authority to hear the bank's Seventh Amendment claims.
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March 03, 2025
Jaguar Can't Shirk Warranty Claims In EV Battery Fire Suit
Jaguar can't evade claims it sold thousands of electric vehicles with batteries prone to catching fire, a New Jersey federal judge ruled Monday, saying the argument that buyers expect and even price in these kinds of issues at the time of purchase "defies everyday experience."
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March 03, 2025
ParkMobile Offers $9M, App Credits To End Data Breach Suit
ParkMobile customers who alleged their personal information was compromised in a 2021 data breach have asked a Georgia federal judge to give final approval to a settlement that would set aside a $9 million cash fund and up to $21 million in parking credits to end their class action.
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March 03, 2025
DOJ Opposes Anthropic's Amicus Bid In Google Search Case
The U.S. Department of Justice is telling a D.C. federal judge to keep Anthropic PBC out of the remedies phase of its search antitrust case against Google, arguing that the artificial intelligence company is trying to backdoor its way to intervenor privileges through an amicus curiae request.
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March 03, 2025
Jarkesy Can't Get Penny Stock Co. Out Of SEC Penalty
The Second Circuit on Monday upheld the U.S. Securities and Exchange Commission's courtroom victory against a penny stock company found to have misled its investors about its financial state, ruling that the company couldn't lean on the U.S. Supreme Court's Jarkesy ruling to argue that a jury should have determined its punishment.
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March 03, 2025
Globe Life Hit With Class Action Over 2024 Data Breach
Globe Life Inc. was hit with a proposed class action Monday over a 2024 breach that exposed the data of over 850,000 consumers.
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March 03, 2025
Ex-Jaguars Worker Tells FanDuel Arbitration Isn't Enforceable
A former Jacksonville Jaguars employee urged a New York federal court to deny FanDuel's bid to arbitrate his claims in a lawsuit that alleges the company facilitated a gambling addiction, saying the company aggressively lured him with predatory tactics and must be held accountable.
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March 03, 2025
5 Mass. Rulings You May Have Missed In February
Justices in Suffolk County Superior Court's business litigation session tackled a range of issues in February, including greenwashing, consumer protection and development disputes.
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March 03, 2025
NC Appliance Repair Co. Sued Over Robocall Ads
A North Carolina-based appliance repair company was hit Monday with a proposed class action by a person alleging that it used a robocall system to solicit new customers in violation of the Telephone Consumer Protection Act and state law by repeatedly texting her despite her number being on the Do Not Call list.
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March 03, 2025
Countertop Co. Demands Insurer Cover Over 100 Injury Suits
A distributor of countertops and flooring accused a Liberty Mutual unit in New York federal court of reversing its coverage position on nearly 130 underlying personal injury lawsuits in bad faith, arguing that each underlying plaintiff's alleged injuries should constitute separate occurrences.
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March 03, 2025
Sutter Settles Years-Old Antitrust Suit On Courthouse Steps
Attorneys for a class of millions of health insurance premium payors announced an eleventh hour deal staving off a new antitrust trial Monday in California federal court over claims that hospital chain Sutter Health drives up costs by pushing all-or-nothing network deals on insurers.
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March 03, 2025
Vape Co. Backs 6th Circ. Challenge To Ky. E-Cig Law
A Texas e-cigarette liquids maker on Monday urged the Sixth Circuit to side with a group of vape interests in their bid to block a Kentucky law regulating vape sales, saying the companies have standing to block the measure and the law is preempted under federal law.
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March 03, 2025
Pa. Supreme Court Snapshot: Negligence Damages Caps
The Pennsylvania Supreme Court will start and end its March session examining long-standing precedents, beginning Tuesday with an argument that will spotlight damages against government entities, and wrapping up Wednesday with a matter hinging on a rule that lets general contractors share their subcontractors' immunity under the workers' compensation law.
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March 03, 2025
Vape Co.'s Challenge Of FDA Penalty Rejected
A Washington, D.C., federal judge has thrown out an online vape retailer's constitutional challenge to a U.S. Food and Drug Administration enforcement proceeding, ruling that claims fell outside the court's jurisdiction.
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March 03, 2025
TD Bank Hit With Customer Suit Over Data Breach
TD Bank was hit with a proposed class action from a customer alleging that the bank's lax data and privacy controls allowed an ex-employee to improperly access sensitive customer information two and a half years ago.
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March 03, 2025
Kraken Joins Crypto Cos. Announcing SEC Case Dismissals
Crypto exchange Kraken said Monday that the U.S. Securities and Exchange Commission is also walking away from its registration suit amid a bevy of crypto case dismissals and investigation closures that have come as part of a new approach to digital asset policy.
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March 03, 2025
10th Circ. Backs CPSC In Challenge To New Magnet Rule
The Tenth Circuit on Monday denied a petition challenging a new Consumer Product Safety Commission rule regulating the sale of small, high-powered magnets, finding that the evidence the CPSC provided supports the rule and the commission's structure is constitutional.
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March 03, 2025
$21M Gallagher Data Breach Deal Approved
An Illinois federal judge gave final approval to insurance broker Arthur J. Gallagher & Co.'s $21 million deal resolving lawsuits claiming it failed to protect the personal information of more than 3 million customers from a data breach.
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March 03, 2025
Justices Decline Data Breach Suit Against SC Medical Center
The U.S. Supreme Court on Monday declined to review a Fourth Circuit decision that a health center cannot use federal immunity as a shield against a data breach lawsuit even though it received public funds, despite the company's warning that the ruling has created a circuit split.
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March 03, 2025
Arnold & Porter Hires DOJ Consumer Protection Atty In DC
Arnold & Porter Kaye Scholer LLP has hired a Justice Department consumer protection attorney, who told Law360 Pulse in an interview Monday that he wanted to join the firm because its practice focuses are reflective of his versatile, Swiss-Army-knife-like experience.
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March 03, 2025
Coinbase Wants To Know SEC Spend On Crypto Enforcement
Crypto exchange Coinbase wants to know how much the U.S. Securities and Exchange Commission spent on its "regulation-by-enforcement campaign" against crypto firms under previous Chair Gary Gensler, according to a Freedom of Information Act request submitted on Monday.
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February 28, 2025
Align Tech Deal Directs Buyers To A Monopolist, Judge Says
A California federal judge has soundly rejected Align Technologies Inc.'s proposed $27.5 million antitrust settlement with teeth-aligner buyers, slamming Align as a monopolist and saying that the deal "will direct still more customers to the monopolist."
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February 28, 2025
9th Circ. Keeps Mass Starz Privacy Arbitration Consolidated
The Ninth Circuit on Friday refused to allow a consumer whose video privacy arbitration claims against Starz Entertainment LLC have been merged with more than 7,000 similar allegations to break off from the pack, finding that the television network couldn't be blamed for the current "procedural stalemate" in the consolidated arbitration proceedings.
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February 28, 2025
CFPB Endgame Is Just 'Five Men And A Phone,' Filings Allege
Current and former Consumer Financial Protection Bureau employees alleged in D.C. federal court filings that the Trump administration is much more aggressively trying to gut the agency than it has let on, warning it has already damaged vital functions.
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February 28, 2025
CFPB Won't Drop MoneyLion Suit Despite Agency Shake-Up
The Consumer Financial Protection Bureau told a New York federal judge Friday that the agency plans to continue pursuing its lawsuit against MoneyLion Technologies Inc. under Trump-appointed leadership despite uncertainty about the agency's future and the CFPB's recent decisions to drop other actions due to the Trump administration's policy shake-up.
Expert Analysis
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Opinion
Section 230 Debates Will Continue, With Or Without TikTok
Regardless of whether TikTok is forced to shut down in the U.S. in the coming weeks, legal disputes will continue over social media platforms' responsibility under Section 230 of the Communications Decency Act for harms allegedly caused by content shared on their apps, says Carla Varriale-Barker at Segal McCambridge.
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Takeaways From DOJ, FTC End To Collaboration Guidelines
The Federal Trade Commission's and U.S. Department of Justice's recent decision to withdraw the guidelines for collaborations among competitors may reflect a desire for clearer parameters by emphasizing case law on specific ventures, but it also carries the potential to chill some future collaboration, say attorneys at Patterson Belknap.
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5 Privacy Law Trends That Will Continue In 2025
While preparing privacy programs for the year, companies should keep in mind several developments from 2024 that will carry over — namely, in the realm of artificial intelligence, passive data collection, combining data from multiple sources, privacy program expectations and managing vendors, say attorneys at Sheppard Mullin.
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When Judging Product Label Claims, Follow The Asterisk
A recurring question in false advertising class actions is whether misleading or ambiguous statements on a product's front label can be cured by information on the back label — but recent decisions from the Ninth Circuit suggest that a front-label asterisk can help alert consumers to seek further clarification, say attorneys at Hunton.
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Complying With Seasonal Product Labeling Requirements
Though the holiday season is in the rearview, many seasonal alcohol products remain in the market, and producers should ensure that their labels comply with the Alcohol and Tobacco Tax and Trade Bureau's additional requirements for such products, say attorneys at McDermott.
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Series
NY Banking Brief: All The Notable Legal Updates In Q4
In 2024's final quarter, the New York State Department of Financial Services published guidance on mitigating the rising cybersecurity risks of artificial intelligence and remote technology workers with North Korean ties, and the state attorney general launched an antitrust investigation into Capital One's proposed Discover merger, say attorneys at Haynes Boone.
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How Trial Attys Can Wield Amended Federal Evidence Rules
Trial lawyers should assess recent amendments to four Federal Rules of Evidence and a newly enacted rule on illustrative aids to determine how to best use the rules to enhance pretrial discovery and trial strategy, says Stewart Edelstein, former litigation chair at Cohen & Wolf.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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5 Drug And Device Developments That Shaped 2024
The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.
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Takeaways From SEC's Mixed Results In '24 Crypto Litigation
Though the U.S. Securities and Exchange Commission's new leadership seems likely to create a more favorable cryptocurrency regulatory environment, it must also confront the consequences of, and lingering questions raised by, the SEC's 2024 policy of investigating and charging cryptocurrency trading platforms for operating unregistered exchanges, say attorneys at Dechert.
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Opinion
Aviation Watch: How Court Nixed Boeing Plea Deal Over DEI
A Texas federal court's rejection of the plea agreement between the U.S. Department of Justice and Boeing over the 737 Max aircraft gratuitously injected the court's views on diversity, equity and inclusion into a case that shouldn't have been a criminal matter in the first place, says Alan Hoffman, a retired attorney and aviation expert.
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Reviewing The High Court's Approach To Free Speech Online
As the U.S. Supreme Court began addressing the interplay between the First Amendment and online social media platforms, its three opinions from last term show the justices adopting a nuanced approach that recognizes that private citizens, public employees and online platforms all have First Amendment rights, say attorneys at Jenner & Block.
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Series
In The CFPB Playbook: A Sprint To The Finish Line
The fourth quarter of 2024 was an impressive demonstration of the Consumer Financial Protection Bureau's ability to regulate, enforce and supervise, even on borrowed time following the election results, and we should expect the current bureau to run nonstop until Jan. 20, say attorneys at Covington.
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3 Factors Affecting Retail M&A Deals In 2025
Retailers considering mergers and acquisitions this year face an evolving antitrust environment, including a new administration under President-elect Donald Trump, revised merger guidelines and a precedent set last year by a canceled $8.5 billion handbag merger, say attorneys at DLA Piper.