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Consumer Protection
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April 03, 2025
Forge Ahead On Broadband Deployment Funds, States Say
A bipartisan group of legislators from 28 states called on the Trump administration not to disrupt the rollout of $42.5 billion in federal funds for broadband projects targeted to unserved areas around the country.
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April 03, 2025
Ex-Coach Accused Of Hack Sued By 11 More Women Athletes
Eleven more women have sued the University of Michigan and its former assistant football coach indicted last month for illegally obtaining students' personal photos and digital information, at least the fifth suit filed by the alleged victims of the widespread hack.
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April 03, 2025
DC Circ. Steps In To Pause CFPB Order As Judge Denies Stay
A D.C. Circuit panel on Thursday put a temporary, limited hold on a federal judge's preliminary injunction barring further cuts at the Consumer Financial Protection Bureau, even as the judge herself largely denied a Trump administration bid to stay it for appeal.
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April 03, 2025
Southwest Gets Second Shot At Tossing Investors' Outages Suit
A Texas judge said Thursday he plans to rewrite his decision on Southwest Airlines' request to dismiss a shareholder class action over a disastrous 2022 holiday travel season because the Fifth Circuit may require a more thorough record of the extent of the airline's knowledge about the risks of its outdated technology.
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April 03, 2025
House Moves Stablecoin Bill Despite Dems' Conflict Concerns
The House Financial Services Committee advanced its federal framework for stablecoins just before midnight Wednesday following hours of markup during which Democrats raised concerns that the Trump family and administration officials' involvement with crypto ventures will create conflicts of interest.
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April 03, 2025
Justices' Ruling Empowers FDA To Rein In Vapes, Experts Say
A unanimous U.S. Supreme Court decision affirming federal regulators' authority to deny marketing applications for flavored vapes was noted as a victory for federal agency autonomy, but vaping industry interests said it could remove a crucial harm reduction tool.
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April 03, 2025
Critics Fail To Pinpoint Verizon, Frontier Deal Harm, FCC Told
A telecommunications network industry group is telling the Federal Communications Commission that Verizon's $20 billion acquisition of Frontier Communications could present an opportunity to address broader industry issues if the commission takes certain steps to require internet protocol interconnection and end access charges for certain elements of traditional telephone infrastructure.
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April 03, 2025
Cloud Provider Deleted Backup Data During Hack, Suit Says
Cloud computing company Wasabi Technologies failed to protect a robotics firm's data during a 2023 ransomware attack and instead permanently deleted a backup based on instructions from one of the perpetrators, according to a complaint filed in Massachusetts state court.
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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
Justices Told 'No Serious Question' Federal Firings Broke Law
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.
Expert Analysis
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q1
Among the most notable developments in California banking in the first quarter of the year, regulators and legislators issued regulations interpreting debt collection laws, stepped up enforcement actions, and expanded consumer protections for those affected by wildfires, says Stephen Britt at Severson & Werson.
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Inside State AGs' Arguments Defending The CFPB
Recent amicus briefs filed by a coalition of 23 attorneys general argue that the Trump administration's efforts to dismantle the Consumer Financial Protection Bureau will irreparably harm consumers in several key areas, making clear that states are preparing to fill in any enforcement gaps, say attorneys at Kelley Drye.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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In-House Expert Testimony Is Tricky, But Worth Considering
Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.
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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.