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Consumer Protection
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January 13, 2025
Keller Postman, Jenner & Block Call A Truce In Tubi Case
Keller Postman LLC and Jenner & Block LLP have reached a deal in a bitter dispute that saw both firms lobbing misconduct accusations over Keller Postman's mass arbitration campaign against video streaming service Tubi Inc.
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January 13, 2025
FCC Defends T-Mobile, Sprint Privacy Fine In DC Circ.
The Federal Communications Commission is defending its decision to hit T-Mobile and Sprint with a combined $92 million in fines for selling users' sensitive location data, telling the D.C. Circuit that the wireless carriers could have received a jury trial but were not owed one.
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January 13, 2025
Alex Jones Switches Conn. Attys In $1B Sandy Hook Appeal
A Randazza Legal Group attorney will represent Alex Jones in a Connecticut Supreme Court bid to erase the remainder of a $1.44 billion defamation judgment for Sandy Hook shooting victims after the Infowars host's now-former lawyer raised unspecified conflict concerns about a third attorney representing Jones in the Connecticut appeal.
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January 13, 2025
NJ Firm Agrees To Settle Client's Suit Over Ransomware Attack
New Jersey law firm The Wacks Law Group LLC has reached a settlement agreement with a former client to end a proposed class action claiming that the firm's negligence in properly securing its data led to the theft of hundreds of clients' personal information in a March cyberattack.
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January 13, 2025
SEC Must Explain Coinbase Crypto Rule Denial, 3rd Circ. Says
A Third Circuit panel delivered a partial win to Coinbase on Monday when it ordered the U.S. Securities and Exchange Commission to provide "a more complete explanation" of why it denied the crypto exchange's request for rulemaking on how securities laws apply to digital assets.
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January 13, 2025
PBMs' Federal Work Irrelevant To Opioid Suit, Mich. AG Says
Michigan's attorney general urged a federal judge Friday to send a case accusing pharmacy benefit managers of stoking the opioid crisis back to the state court where it was originally filed, saying there is nothing federal about the claims.
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January 13, 2025
Ex-Benefytt Affiliate Violated Consumer Laws, Suit Says
A telemarketing firm that worked with health insurance broker Benefytt Technologies repeatedly violated Massachusetts consumer protection and do-not-call laws, a consumer has alleged in state court.
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January 13, 2025
Justices Won't Hear Bid To Quash Antitrust Probe Of Realtors
The Supreme Court refused on Monday to review the National Association of Realtors' bid to block a reopened U.S. Department of Justice antitrust investigation of the trade group's rules.
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January 13, 2025
High Court Won't Scrutinize Huge Class Of Meta Advertisers
The U.S. Supreme Court declined Monday to assess the certification of an enormous class of businesses that social media colossus Meta Platforms allegedly defrauded by inflating the reach of Facebook and Instagram advertisements, upping the odds of a major payout in the closely watched case.
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January 13, 2025
Justices Won't Weigh Calif. Arbitration Rule In Cable Case
The U.S. Supreme Court declined Monday to review whether federal law preempts a California appeals court rule that says arbitration agreements cannot be used to bar plaintiffs from seeking public injunctive relief.
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January 13, 2025
Justices Won't Weigh Del. Gun Laws, Injunction Standards
The U.S. Supreme Court turned away a challenge to Delaware's gun laws that could also reset expectations for getting interim relief in cases involving constitutional rights, according to orders released Monday.
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January 10, 2025
Up Next At High Court: Porn ID Check & Retiree Discrimination
The U.S. Supreme Court will return to the bench Monday for a full argument session, in which the justices will debate whether a Texas law requiring pornography websites to verify their visitors aren't minors violates the First Amendment and if retirees have the right to sue former employers for benefits discrimination.
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January 10, 2025
FDIC's Hill Calls For 'New Direction' In Preview Of Agenda
Federal Deposit Insurance Corp. Vice Chairman Travis Hill signaled Friday that he intends to steer the agency in a "new direction" when he takes over as its acting chief later this month, mapping out plans for a more tech-friendly, lighter-touch approach.
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January 10, 2025
DOJ Sues Airbnb After Host Denied Rental To Mom With Kids
The U.S. Department of Justice on Friday accused Airbnb of violating the Fair Housing Act over allegations that one of the company's hosts refused to rent an apartment in Alabama to a mother because she had three school-aged children.
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January 10, 2025
PowerSchool Blamed For Breach of Student, Teacher Data
The personal data of tens of millions of students, parents and teachers was put at risk last month when hackers were able to worm their way into PowerSchool's systems because the educational software company's security safeguards were not up to snuff, two lawsuits filed in California federal court allege.
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January 10, 2025
Excess Insurers Freed From Kiwanis Sex Abuse Case
A Washington federal judge on Friday dismissed child sex abuse survivors' claims against excess insurers of a boys foster home run by Kiwanis International, calling the plaintiffs' demands for coverage of a $21 million judgment "unripe" because the home's primary policies have not been drained.
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January 10, 2025
Blue State AGs Urge Walmart To Reinstate DEI Initiatives
A group of Democratic state attorneys general sent a letter to Walmart CEO Doug McMillon on Thursday urging the retail giant to reconsider scrapping diversity, equity and inclusion initiatives, saying such programs "are not just good policy, but in many cases are necessary to comply with the law."
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January 10, 2025
CFPB Floats Protections For Crypto, Video Game Payments
The Consumer Financial Protection Bureau on Friday proposed to make clear that cryptocurrency and video game transactions are covered under existing rules codifying consumers' rights in situations of fraudulent transfers, hacks and stolen funds.
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January 10, 2025
Paramount Wants Out Of User's Video Privacy Suit
Paramount Global urged a New York federal court to dismiss a California man's putative class action accusing it of unlawfully sharing streaming platform users' personal information to third parties like Facebook and TikTok, saying the man lodged inadequate theories of disclosure and otherwise consented to the alleged disclosure.
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January 10, 2025
NJ Says Existing Anti-Discrimination Law Applies To Using AI
New Jersey's attorney general issued guidance clarifying that the Garden State's discrimination law applies to "algorithmic discrimination," or discrimination and bias-based harassment stemming from the use of artificial intelligence and other similar technologies.
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January 10, 2025
SEC's $93M Win Not Backed By Proof, Adviser Tells 1st Circ.
Commonwealth Financial asked a First Circuit panel Friday to undo a $93 million award the U.S. Securities and Exchange Commission won last year, saying the lower court was too quick to find that the firm's disclosure practices harmed investors.
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January 10, 2025
Justices To Review Block On Expanded Student Loan Benefits
The U.S. Supreme Court on Friday agreed to review the Fifth Circuit's block on expanded benefits under a federal program that forgives student loans for borrowers defrauded by higher education institutes.
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January 10, 2025
Social Media Apps Fail To Trim Calif. Mental Health Mass Tort
Meta Platforms, YouTube, Snap and TikTok have lost a bid to cut failure-to-warn claims from consolidated litigation over their social media platforms' alleged harm to youth mental health, with a California state judge ruling that neither the Communications Decency Act nor the First Amendment bar liability based on an app's own features.
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January 10, 2025
Faster Permits Needed For Next G's, Wireless Cos. Say
Wireless infrastructure builders are hoping for a more inviting regulatory environment at the federal and state levels as technology progresses and have put broadband permitting reform at the top of their legislative wish list for 2025.
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January 10, 2025
7th Circ. Halts FDIC Enforcement Order Against Ex-Bank Chair
The Seventh Circuit on Friday granted a request from an Illinois community bank's onetime chairman for an emergency stay of professional sanctions the Federal Deposit Insurance Corp. ordered as part of an in-house proceeding the executive has alleged was unconstitutional.
Expert Analysis
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2 Cases Show DAOs May Face Increasing Legal Scrutiny
Two ongoing cases that recently survived motions to dismiss in California federal courts concerning Compound DAO and Lido DAO threaten to expand the potential liability for activity attributed to decentralized autonomous organizations — and to indirectly create liability for their participants, say attorneys at Cahill Gordon.
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Expect More State Scrutiny Of PE In Healthcare M&A
While a California bill that called for increased antitrust scrutiny of many healthcare private equity transactions was recently vetoed by the governor, state legislatures are likely to continue introducing similar laws, particularly if the Trump administration eases federal enforcement, say attorneys at Morgan Lewis.
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How CFIUS' Updated Framework Affects Global Investors
The recent change to the monitoring and enforcement regulations governing the Committee on Foreign Investment in the United States will broaden administrative practices around nonnotified transaction investigations, increase the scope of information demands from the committee and accelerate its ability to impose mitigation on parties, say attorneys at Simpson Thacher.
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Service Providers Must Mitigate 'Secondary Target' Risks
A lawsuit recently filed in an Illinois federal court against marketing agency Publicis over its work for opioid manufacturers highlights an uptick in litigation against professional service providers hired by clients that engaged in alleged misconduct — so potential targets of such suits should be sure to conduct proper risk analysis and mitigation, say attorneys at Dechert.
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5 Ways SEC's Crypto Approach Could Change Under Trump
Given the Trump campaign's procrypto stance, the U.S. Securities and Exchange Commission could take a number of different approaches to crypto policy in the next administration, including pausing registration-only enforcement actions and proposing tailored rules that take into account the differences between crypto-assets and traditional securities, say attorneys at WilmerHale.
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Opinion
FTC Actions In Oil Cases Go Against Its Own Rulemaking
Two recent Federal Trade Commission actions concerning the oil and gas industry appear to defy its own merger guidelines, with allegations that fall far short of the commission's own standard — raising serious questions about the agency's current approach, say attorneys at Clifford Chance.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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9th Circ.'s High Bar May Limit Keyword Confusion TM Claims
A recent Ninth Circuit ruling that a law firm did not infringe upon a competitor’s trademarks by paying Google to promote its website when users searched for the rival’s name signals that plaintiffs likely can no longer win infringement suits by claiming competitive keyword advertising confuses internet-savvy consumers, say attorneys at Mitchell Silberberg.
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'Reverse Redlining' Suit Reveals Language Risks For Lenders
The Justice Department's case against consumer finance provider Colony Ridge highlights the government's focus on lending to consumers with limited English proficiency and the risks of generating marketing materials in other languages while conducting actual transactions in English, say attorneys at Goodwin.
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What Trump's Next Term May Mean For Biz Immigration
Leonard D'Arrigo at Harris Beach discusses the employment-based immigration policies businesses can potentially expect during President-elect Donald Trump’s second term, based on policies enacted during his first administration, statements made during his campaign and proposals in Project 2025.
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Takeaways From Final Regulations For China Investment Ban
The U.S. Department of the Treasury’s final rule banning U.S. investment in emerging Chinese technology clarifies some key requirements, includes additional exceptions for covered transactions and attempts to address concerns that the rule will put U.S. businesses at a competitive disadvantage, say attorneys at Simpson Thacher.
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Compliance Considerations Of DOJ Data Security Rule
Under the U.S. Department of Justice's proposed rule aiming to prevent certain countries' access to bulk U.S. sensitive personal data, companies must ensure their vendor, employment and investment agreements meet strict new data security requirements — or determine whether such contracts are worth the cost of compliance, say attorneys at Eversheds Sutherland.
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Balancing Health Tech Advances And Clinical Responsibility
To maintain their clinical responsibilities and mitigate potential legal risk, health professionals should incorporate the benefits of new medical technology powered by artificial intelligence while addressing its risks and limitations, says Kathleen Fisher Enyeart at Lathrop GPM.
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Defense Insights As PFAS Consumer Product Claims Rise
Amid the recent proliferation of lawsuits seeking damages for failure to disclose the presence of PFAS in consumer products, manufacturers, distributors and consumer product companies should follow the science and consider a significant flaw in many of the filings, say attorneys at Farella Braun.
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AI Monitoring And FCRA: Employer Compliance Essentials
As the Consumer Financial Protection Bureau and the Federal Trade Commission signal determination to treat AI-based workplace surveillance as a potential Fair Credit Reporting Act issue, employers must commit to educating HR and compliance staff on these quickly evolving regulatory expectations, say attorneys at Sheppard Mullin.