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Consumer Protection
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August 01, 2024
Pirate Broadcaster Hit With Max Fine For Ignoring FCC
If the FCC could have fined the pirate radio station that it says has been operating out of the Bronx for years a penny more, it would have, but the agency ended up levying the maximum fine of just over $2.3 million against the operator of the station.
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August 01, 2024
6th Circ. Puts Net Neutrality Rule On Ice During Appeals
The Sixth Circuit on Thursday granted industry groups' bid to put a hold on the Federal Communications Commission's net neutrality rules while appellate court challenges play out, saying there is a strong chance that internet service providers will eventually prevail.
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August 01, 2024
Nokia Backs Expanded Broadband Use In 900 MHz Band
Nokia is joining the chorus of voices calling on the Federal Communications Commission to open up the 900 megahertz band of spectrum to other types of networks, a move they say will help utilities and other critical private enterprises.
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August 01, 2024
JPML Won't Form MDL Of 35 Acne Product Benzene Suits
The Judicial Panel on Multidistrict Litigation on Thursday declined to consolidate 35 suits alleging Johnson & Johnson Consumer Inc., CVS Pharmacy Inc., Target Corp. and others sold acne products that could break down into the carcinogen benzene, saying they don't have enough in common to warrant an MDL.
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August 01, 2024
Chipotle Bundled 'Service Fee' With Tax To Hide It, Suit Says
Chipotle customers filed a proposed false advertising class action in California federal court Wednesday accusing the fast-casual Mexican chain of tacking on secret "eye-popping service fees" bundled with a "tax" for online delivery orders at the end of the checkout process that purportedly ends up in Chipotle's own coffers.
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August 01, 2024
Manhattan DA Charges Crypto Recovery Biz Owner With Fraud
Manhattan prosecutors announced fraud and larceny charges on Thursday against the New York owner of a purported asset recovery business that allegedly charged customers fees while making false promises to recover cryptocurrencies.
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August 01, 2024
Missouri Gov. Announces Ban On Psychoactive Hemp Wares
Missouri Gov. Mike Parson on Thursday announced a ban on the sale of intoxicating consumable cannabis products manufactured outside the state's regulated adult-use marijuana market, marking the latest effort by a state to rein in psychoactive wares derived from federally legal hemp.
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August 01, 2024
Court Won't Stop FTC Judges In H&R Block False Ad Fight
The Federal Trade Commission can proceed with its hearing against H&R Block accusing the tax preparation firm of false advertising, a Missouri federal judge ruled Thursday, rejecting the company's argument that the agency's administrative law judges lack constitutional authority to preside.
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August 01, 2024
5th Circ. Backs Louisiana's Block Of EPA Chemical Rule
The Fifth Circuit on Wednesday refused to overturn a Louisiana agency's move to block the U.S. Environmental Protection Agency from enforcing a chemical rule that a neoprene maker says would force it to shut down.
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August 01, 2024
Locke Lord Adds Insurance, Privacy Partners In Chicago
Locke Lord LLP announced on Wednesday that two partners formerly of Sidley Austin LLP and Thompson Coburn LLP have joined the firm's insurance and cybersecurity practices out of Chicago.
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August 01, 2024
Greenberg Traurig Hires Data Protection Partner From MoFo
Greenberg Traurig Germany LLP has expanded its data protection practice with a former senior associate from Morrison Foerster LLP who helped shape ground-breaking projects and proceedings in Berlin and New York over the past eight years, the firm said Thursday.
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August 01, 2024
Rock Music Fans Pull Class Suit Over Collapsed Festival
Ticket buyers who claimed they were ripped off when a three-day rock and metal music festival in Connecticut was suddenly shortened and moved to a new venue have withdrawn a proposed class action from federal court, days after the judge questioned whether he could hear the case.
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July 31, 2024
AT&T Faces New Data Breach Class Action By Non-Customers
AT&T, already facing litigation over a data breach it admitted to in mid-July, was hit Tuesday with another putative class action in Texas federal court, this time by two individuals who alleged the telecom giant disregarded the breach's impact on customers of other companies using AT&T's network.
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July 31, 2024
Live Nation Says In-House Attys Can't Access DOJ Docs
As it warned would be the case, Live Nation is telling a New York federal judge that it has no in-house counsel that will be able to meet his rules on counsel access to highly confidential material in the U.S. Department of Justice's antitrust suit against the live events company.
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July 31, 2024
2nd Circ. Paves Way For Conn. Zantac Bellwether, Attys Say
A recent decision by the Second Circuit that upheld the remand to state court of product liability lawsuits alleging that generic versions of Zantac may have caused cancer has paved the way for more than 850 additional plaintiffs to move forward in state court, according to a recent filing.
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July 31, 2024
Discover Could Pay $200M In Card 'Misclassification' Fines
Discover Financial Services told investors on Wednesday that it could face $200 million in potential regulatory penalties over its past "misclassification" of certain credit card accounts, an issue that's also led to class action litigation and other scrutiny for the card giant.
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July 31, 2024
Tampax, Kotex Tampons Hid Unsafe Lead Levels, Suits Say
Kimberly-Clark and Procter & Gamble were each slapped with putative class actions in California federal court Tuesday claiming that some tampon products contain toxic levels of lead — and that the information was hidden from consumers.
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July 31, 2024
Bill To Revive FCC's Broadband Subsidy Clears Senate Panel
A Democratic bill to restart the Federal Communications Commission's defunct broadband subsidy passed a Senate committee Wednesday after a debate over how to pay for FCC-related spending priorities, as well as agency authority to start new spectrum auctions.
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July 31, 2024
GoDaddy Asks To Have Tech Co.'s Antitrust Suit Culled
Domain registrar GoDaddy is asking a Virginia federal court to knock out half of a lawsuit accusing it of blackballing a tech company from its platform, saying that after failing to secure a licensing deal, the suing company "has now turned to antitrust law to try to compel a result it could not obtain through arms-length negotiation."
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July 31, 2024
HSBC Says HUD Has Closed Fair Lending Probe
HSBC's U.S. banking arm said it is no longer facing a multicity fair lending investigation from federal housing authorities after an outside complaint that prompted the probe was withdrawn.
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July 31, 2024
Justices Urged To Review Airline Price-Fixing Deal Payout
Two class members in a long-running airline price-fixing suit are asking the U.S. Supreme Court to reverse a secondary distribution of over $5 million in settlement money, saying unclaimed funds should have been sent to state treasuries, not class counsel.
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July 31, 2024
Wells Fargo Hit With Suit Over Cash Sweep Program
Wells Fargo was hit with a proposed class action by a customer claiming the bank's cash sweep investment program only allows users to sweep their cash into Wells Fargo-selected accounts, a practice the suit says has drawn regulatory scrutiny because it disproportionately benefits the bank.
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July 31, 2024
Include Satellites In Broadband Updates, SpaceX Tells FCC
SpaceX urged the Federal Communications Commission to include provisions for gateway earth station satellite hubs like its own in proposed regulations to expand broadband access within certain spectrum bands, telling the regulator that doing so would be a "win-win-win" for stakeholders.
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July 31, 2024
737 Max Families Say Boeing Deal 'Morally Reprehensible'
Families of victims of the 737 Max 8 crashes asked a Texas federal court Wednesday to reject Boeing's plea agreement with the U.S. Department of Justice, saying the "rotten deal" lets the American aerospace giant skirt culpability for the deaths of 346 people.
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July 31, 2024
GOP Senate Bill To Bar FCC's AI Disclosure Rule Blocked
A Republican effort in the U.S. Senate aiming to prevent the Federal Communications Commission from requiring broadcasters to disclose the use of artificial intelligence in political ads lost traction at the committee level Wednesday.
Expert Analysis
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Takeaways From FDIC's Spring Supervisory Highlights
The Federal Deposit Insurance Corp.'s spring 2024 consumer compliance supervisory report found that relatively few institutions had significant consumer compliance issues last year, but the common thread among those that did were inadequacies or failures in disclosures to consumers, says Matthew Hanaghan at Nutter.
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Online Portal Helps Fortify Feds' Unfair Health Practices Fight
The Federal Trade Commission, U.S. Justice Department and the U.S. Department of Health and Human Services recently launched an online portal where the public can report potentially unfair healthcare practices, effectively maximizing enforcers' abilities to police anti-competitive actions that can drive up healthcare costs and chill innovation, say attorneys at Seyfarth.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Key Issues Raised By Colorado's Brain Data Privacy Bill
Colorado recently became the first state to provide consumer privacy protections for data generated from a person's brain waves, and despite the bill’s ambiguity and open questions introduced, the new law has helped turn the spotlight on neurodata, says Sara Pullen Guercio at Alston & Bird.
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Birkin Bag Case Carries Competition Lessons For Retailers
A recently proposed antitrust class action alleging that Hermès violated federal and California law when selling its iconic Birkin and Kelly handbags highlights some issues that other brands and retailers should consider, particularly given a prevailing landscape that seems to prioritize antitrust scrutiny, say attorneys at Holland & Knight.
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Expect Tougher Bank Exams 1 Year After Spring 2023 Failures
With federal banking agencies still implementing harsher examinations with swifter escalations a year after the spring 2023 bank failures, banks can gain insight into changing expectations by monitoring how the Federal Reserve Board, Office of the Comptroller of Currency and Federal Deposit Insurance Corp. are coordinating and updating their exam policies, say attorneys at Debevoise.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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Breaking Down EPA's Rule On PFAS In Drinking Water
Last week, the U.S. Environmental Protection Agency finalized the first enforceable federal drinking water regulation for PFAS, which, along with reporting and compliance requirements for regulated entities, will have a number of indirect effects, including increased cleanup costs and the possible expansion of existing Superfund sites, say attorneys at Morgan Lewis.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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The Drawbacks Of Banking Regulators' Merger Review Plans
Recent proposals for bank merger review criteria by the Office of the Comptroller of the Currency and Federal Deposit Insurance Corp. share common pitfalls: increased likelihood of delays, uncertainties, and new hurdles to transactions that could impede the long-term safety and soundness of the banks involved, say attorneys at WilmerHale.
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Opinion
The FTC's Noncompete Rule Is Likely Dead On Arrival
The Federal Trade Commission's April 23 noncompete ban ignores the consequences to the employees it claims to help — but the rule is unlikely to go into effect provided the ideological makeup of the U.S. Supreme Court remains the same, say Erik Weibust and Stuart Gerson at Epstein Becker.
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'Beauty From Within' Trend Poses Regulatory Risks For Cos.
Companies capitalizing on the current trend in oral supplements touting cosmetic benefits must note that a product claim that would be acceptable for an externally applied cosmetic may draw much stronger scrutiny from the U.S. Food and Drug Administration when applied to a supplement, say Natalie Rainer and Katherine Staba at K&L Gates.
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How Cos. Can Prep For New Calif. Privacy Regulations
The California Privacy Protection Agency has been very active in the first quarter of 2024 and continues to exercise its rulemaking authority with proposed draft regulations, so retailers should prepare for California Consumer Privacy Act enforcement and figure out how best to comply, say attorneys at Dentons.
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9th Circ. Arbitration Ruling Could Have Int'l Implications
In Patrick v. Running Warehouse, the Ninth Circuit's recent matter-of-fact invocation of an unusual California rule in a domestic arbitration context raises choice of law questions, and could make California law a strategic option for some international arbitration parties, says Jerry Roth at FedArb.