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Consumer Protection
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March 28, 2025
Bank Regulators Will Seek To Rescind Biden-Era CRA Rules
Federal banking regulators said Friday that they plan to roll back Biden-era rules intended to increase bank lending in underserved areas, a pivot that comes after they had previously defended the rules amid a banking industry legal challenge.
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March 28, 2025
NC Biz Court Bulletin: TikTok Duel Heats Up, NIL Suit Plays On
In March, the North Carolina Business Court readied for trial in an insurance coverage dispute involving Smithfield Foods, heard why TikTok is subject to the state's jurisdiction, and allowed the Cardiac Pack's NIL suit against the NCAA to proceed while a parallel case plays out.
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March 27, 2025
FTC Seeks Amazon Execs' Financials For Prime Renewal Suit
The Federal Trade Commission urged a Washington federal court to make several Amazon executives hand over an accounting of their assets and liabilities, saying the financial information was essential for determining civil penalties in its lawsuit accusing the e-commerce giant of trapping consumers into renewing Prime subscriptions.
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March 27, 2025
X Says It Doesn't Owe Rivals 'Free Ride' In Data Scraping Row
X Corp. urged a California federal judge on Thursday to dismiss antitrust counterclaims brought by data-scraping firm Bright Data Ltd. alleging the social media giant improperly imposes unfavorable contract terms to block competitors from taking its data, arguing it doesn't have to let rivals "free ride" on its platform.
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March 27, 2025
Video Privacy Law Doesn't Hit Movie Theaters, 9th Circ. Says
The federal Video Privacy Protection Act doesn't cover companies that offer "a classic in-theater moviegoing experience," the Ninth Circuit ruled Thursday in affirming the dismissal of a putative class action accusing Landmark Theatres of violating the law by sharing ticket buyers' information with Facebook.
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March 27, 2025
Nuture Can't Escape Parents' Heavy Metal Baby Food Case
Nurture Inc. cannot escape consolidated class claims brought by parents who allege the baby food manufacturer hid the presence of toxic heavy metals in its Happy Family Organics products, a Manhattan federal judge ruled Wednesday.
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March 27, 2025
SEC Liquidity Rule Suit Can't Be Axed Just Yet, Judge Says
A New York federal judge on Thursday refused to toss the U.S. Securities and Exchange Commission's suit alleging that Pinnacle Advisors LLC exceeded its allowed allotment of illiquid investments, as the intervening Loper Bright ruling has changed the standard for evaluating agency action since the dismissal bid was filed.
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March 27, 2025
Commerce Nominee Demurs On Broadband Fund At Hearing
Sen. Ted Cruz's top aide, Arielle Roth, skirted the question Thursday when asked how much each state would receive under the $42.5 billion broadband deployment program during her confirmation hearing to be the next head of the National Telecommunications and Information Administration.
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March 27, 2025
Chase Sued Over Alleged Political 'Debanking' Of Fla. Biz
A Florida company alleged in a suit on Thursday that JPMorgan Chase Bank is unlawfully blocking payments the company is trying to make to a manufacturer based on "wholly unsubstantiated and false" claims that the company's leader has Russian mafia ties and participated in interference of the 2016 presidential election.
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March 27, 2025
Pulled CFPB Amicus 'Irrelevant' To Citibank Case, NY AG Says
The Consumer Financial Protection Bureau's move to withdraw a Biden-era brief backing New York Attorney General Letitia James' lawsuit over Citibank NA's handling of online wire fraud is "irrelevant to any matter currently pending before this court," James' office told a federal court Thursday.
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March 27, 2025
Tesla Faces Fraud Claims Over Fatal Autopilot Crash
A California state judge said Thursday that fraudulent misrepresentation claims and punitive damages claims can go ahead against Tesla Inc. in a case over an accident that killed a 15-year-old, since they were not filed too late.
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March 27, 2025
'Success By Health' Execs Fight $7.3M FTC Win At 9th Circ.
Executives behind the alleged "Success By Health" pyramid scheme urged the Ninth Circuit on Thursday to reverse a $7.3 million compensatory sanction and asset-freeze injunction, arguing the sanction wasn't tied to actual loss and the lower court shouldn't have frozen assets following the high court's 2021 AMG v. FTC ruling.
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March 27, 2025
Vaping Interests Take Challenge To FDA Rule To 5th Circ.
A coalition of vaping interests challenging the U.S. Food and Drug Administration's marketing and recordkeeping regulations has taken the dispute to the Fifth Circuit after a lower district judge tossed the lawsuit, which claimed many in the industry were prohibited from seeking FDA approval for multiple products at once because of the high cost of applying.
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March 27, 2025
Fintech Group Reups Bid to Defend CFPB Open Banking Rule
A fintech trade group has renewed its request to defend the Consumer Financial Protection Bureau's open banking rule from a challenge launched by a group of banks after the parties in the suit agreed to pause the suit to give the CFPB's new leadership time to review what it wants to do with the Biden-era measure.
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March 27, 2025
9th Circ. Revives Monsanto Roundup Expiration Label Fight
Consumers can pursue their proposed class claims against Monsanto that ingredients in its Roundup herbicides could form a dangerous cancer-causing substance, but not against a distributor, the Ninth Circuit ruled Thursday.
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March 27, 2025
Shade Store Customers Seek Class Cert. In Deceptive Ad Suit
A pair of Washington residents are seeking to certify a class of thousands of consumers in a case alleging The Shade Store violated Washington's consumer protection law with fake buy-now ads.
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March 27, 2025
DC Judge Seems Open To Fired Inspectors' Reinstatement Bid
A D.C. federal judge on Thursday questioned whether it would make practical sense to reinstate eight inspectors general fired by President Donald Trump while signaling openness to the federal watchdogs' argument that the president must follow the legally mandated process before they can be terminated.
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March 27, 2025
Fertility Co. Wants To Pull Device Maker Into Negligence Suit
A fertility products company wants two other companies to share potential liability from a Connecticut state lawsuit alleging that a recalled culture medium was responsible for the loss of embryos a couple were planning to use for in vitro fertilization.
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March 27, 2025
Texas Judge 'Disturbed' By Filings In Weight Loss Drug Case
A Texas federal judge had stern words for a group of compounding pharmacies while refusing to allow them to manufacture Eli Lilly's lucrative weight loss drug, saying he was "increasingly exasperated" with the pharmacies' attempts to dictate how he manages the case.
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March 27, 2025
Chamber Asks Justices To Review Duke Energy Monopoly Suit
The U.S. Chamber of Commerce urged the U.S. Supreme Court on Thursday to review a decision that revived a case accusing Duke Energy of squeezing a rival out of the market in North Carolina, saying the appeals court was wrong to recognize a "Frankenstein's monster" theory of harm.
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March 27, 2025
Fla. Judge OKs FTC To Unfreeze Assets In E-Commerce Suit
A Florida federal judge authorized the Federal Trade Commission to unfreeze bank accounts controlled by an Ohio man accused of defrauding e-commerce platform users out of $14 million provided he gives certain financial disclosures, but kept a temporary restraining order precluding business operations in place for now.
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March 27, 2025
FTC Reaches $17M Settlement With Online Cash Advance Co.
The Federal Trade Commission settled its false advertisement suit in New York federal court against online cash advance company Cleo AI Inc. for $17 million, according to a proposed settlement order posted on the FTC's website Thursday.
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March 27, 2025
Umpqua Bank Strikes Deal With Investors In $300M Ponzi Suit
Umpqua Bank and a class of investors on Thursday informed a California federal judge they've reached a settlement to resolve claims the bank helped execute an alleged $300 million Ponzi scheme led by a since-deceased real estate investment manager.
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March 27, 2025
Senate Panel Grills FAA, Army On DCA Midair Collision
U.S. Senate lawmakers on Thursday grilled the Federal Aviation Administration and U.S. Army over miscommunication and policy lapses as thousands of near-misses between commercial jets and helicopters near Ronald Reagan Washington National Airport were documented well before January's devastating midair collision that left 67 people dead.
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March 27, 2025
Google, Apple Staff Want Out Of Testifying In FTC-Meta Case
Current and former employees of Google, Apple, TikTok, X Corp., Snap and Epic Games asked a D.C. federal judge Wednesday to quash subpoenas seeking their live testimony in the Federal Trade Commission's upcoming antitrust trial against Meta Platforms, arguing their taped depositions make the burden of testifying unnecessary.
Expert Analysis
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Drug Pricing Policy Trends To Expect In 2025 And Beyond
Though 2025 may bring more of the same in the realm of drug pricing policy, business as usual entails a sustained, high level of legal and policy developments across at least six major areas, say attorneys at Ropes & Gray.
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The Tides Are Changing For Fair Access Banking Laws
The landscape of fair access banking laws, which seek to prevent banks from denying services based on individuals' ideological beliefs, has shifted in the last few years, but a new presidential administration provides renewed momentum for advancing such legislation against the backdrop of state efforts, say attorneys at Latham.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Opinion
How Congress Can Stem Consumer Finance Law Uncertainty
In the face of rising uncertainty about consumer finance laws that are based largely on fluctuating administrative rules, Congress should cement certain existing laws into statute and clarify federal agencies' delegations of authority, say attorneys at Bradley Arant.
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Why Trump's FTC May Not U-Turn On Robinson-Patman
The Federal Trade Commission's recent revival of Robinson-Patman Act enforcement may well be here to stay under the Trump administration — albeit with some important caveats for businesses caught in the government's crosshairs, say attorneys at Reed Smith.
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Opinion
Courts Should Nix Conferencing Rule In 1 Discovery Scenario
Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.
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4 Keys To Litigating In An Active Regulatory Environment
For companies facing litigation influenced by government regulatory action — a recent trend that a politically charged atmosphere will exacerbate — there are a few principles that can help to align litigation strategy with broader public positioning in the regulatory and oversight context, say attorneys at Jenner & Block.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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A Look At Shifting Legal Landscape For Data Brokers
An increasingly complex legal landscape at both the federal and state levels has expanded the types of businesses classified as data brokers, so consumer-facing businesses should consider their designations under these new regulations and any consequences for compliance and business operations, say attorneys at Morrison Foerster.
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Understanding Risks Of Celebrities 'Hawking' Crypto Tokens
Prominent social media personality Haliey Welch was recently sued over the promotion and sale of the Hawk Tuah cryptocurrency memecoin, underscoring the importance of public figures conducting due diligence to verify they aren't endorsing a token that is in fact a security, say attorneys at Sheppard Mullin.
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State AG Enforcement Is Poised For Another Pivot In 2025
Backed by a Republican-controlled U.S. House of Representatives and Senate, the Trump administration intends to make substantial policy changes, and attorneys general of both parties around the country are preparing their response playbooks, say attorneys at WilmerHale.
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The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.
The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.
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Del. Dispatch: Lessons From Failed Albertsons-Kroger Merger
The allegations in Albertsons' lawsuit against Kroger following the grocery stores' blocked merger demonstrate how a target company can best ensure that a buyer timely and effectively complies with its obligations to pursue the necessary regulatory approvals for a deal, say attorneys at Fried Frank.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.