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Consumer Protection
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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.
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March 27, 2025
FCC Ready To Explore Earth-Based Backstop For GPS
The Federal Communications Commission on Thursday started looking into methods of backing up the satellite-based Global Positioning System, which national security experts say is vulnerable to foreign attacks and signal interference in space.
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March 27, 2025
Nu Skin Can't Avoid Distributor Dispute In Wash. Court
The Washington Supreme Court said Thursday that Nu Skin Enterprises Inc. can't jettison a case in Washington state court and force product distributors to go to Utah to settle claims that the multilevel marketing company violated a Washington law against pyramid schemes, in a question that had split lower appellate courts.
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March 27, 2025
AIG Drops Water Damage Suit Against NFL Player's Contractor
An insurer who sued the contractor and plumbers who worked on the home of NFL player Darius Slay for more than $300,000 in water damage dropped the suit Thursday, after the companies never responded to it.
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March 27, 2025
Mich. Panel Sets Liability Precedent For Sports Facilities, Refs
In what it called a precedent-setting decision for the state, a Michigan appellate court has ruled that neither a facility hosting a sporting event nor a person officiating that event has a duty to protect participants from negligence or recklessness.
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March 27, 2025
FINRA Improperly Acts As Government Agency, 6th Circ. Told
The owner of a consulting company has urged the Sixth Circuit to overturn a decision by the U.S. Securities and Exchange Commission affirming sanctions imposed by the Financial Industry Regulatory Authority for alleged securities fraud, arguing that FINRA never had jurisdiction over him.
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March 27, 2025
Eli Lilly Says Michigan AG's Insulin Pricing Probe Is Baseless
Michigan Attorney General Dana Nessel's case for investigating Eli Lilly's insulin prices is based on fundamentally flawed premises, such as comparing what consumers pay in Michigan to Canada, the drugmaker has told the Michigan Supreme Court in a new brief.
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March 27, 2025
Costco Settles Listeria-Contaminated Chicken Wrap Claims
Costco Wholesale Corp. has settled a putative class action brought by a Florida man who claimed he ate a chicken wrap contaminated with listeria from one of its stores and had to be hospitalized.
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March 27, 2025
Apple Says Its Affidavits Are Admissible In Google Case
After an unsuccessful bid to intervene in the remedies phase of the Justice Department's antitrust case against Google, Apple is urging a D.C. federal judge to consider its affidavits from company executives as the court weighs the proper fix for Google's search monopoly.
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March 27, 2025
UMich Athletes Launch Second Suit Over Ex-Coach's Hacking
Two former University of Michigan student-athletes have launched a class action against former offensive coordinator Matthew Weiss and the university over the ex-coach's alleged illegal access to and downloading of thousands of student-athletes' private information, the second lawsuit in recent weeks.
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March 27, 2025
DOJ's Antitrust Unit Targeting Anticompetitive Regulations
The U.S. Department of Justice launched a task force on Thursday aimed at eliminating state and federal laws and regulations that are hindering competition, with an initial focus on key sectors including housing, food and transportation.
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March 27, 2025
Mich. Judge Deflects Criticism Of Atty Fees In $53M Flint Deal
A Michigan federal judge on Thursday defended her decision to grant a third of a $53 million settlement to attorney fees for lawyers who represented Flint claimants who alleged a water firm prolonged the water crisis, saying many members of the public don't understand the complexities of the case.
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March 27, 2025
CFPB Says It Will Scrap Buy Now, Pay Later Policy
The Consumer Financial Protection Bureau will withdraw guidance that asserted buy-now, pay-later products were subject to some of the same federal safeguards as traditional credit cards, the regulator said in a court filing in a suit challenging the interpretive rule.
Expert Analysis
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New Year, New Risks: 8 Top Cyber Issues For Finance In 2025
As financial institutions forge ahead in 2025, they must strike a delicate balance between embracing technological innovation and guarding against its darker threats, which this year could include everything from supply chain vulnerabilities to deepfakes, say attorneys at Baker Donelson.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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How Changes In State Gift Card Laws May Affect Cos. In 2025
2024 state legislative movements around the escheatment of unused gift card balances and consumer fraud protections should prompt issuers to consider whether changes in company domicile or blanket cash-back policies are needed in the new year, say attorneys at Alston & Bird.
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Lessons From The SEC's 2024 Crackdown On AI Washing
AI washing was the subject of increased scrutiny from the U.S. Securities and Exchange Commission in 2024 following a surge in the commercial adoption of generative artificial intelligence technologies in 2023, highlighting the importance of transparency, accuracy and accountability when communicating about AI, say attorneys at Perkins Coie.
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The 6 Most Significant FCRA Litigation Developments Of 2024
From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.
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Identifying Deepfakes During Evidence Collection, Discovery
Excerpt from Practical Guidance
Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.
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Retailers Must Adapt As Courts Shift On False Price Claims
The increasing frequency with which courts are denying motions to dismiss false reference price claims signals that these lawsuits are not going away anytime soon, so retailers must be prepared for a more complex and prolonged defense process, say attorneys at Akerman.
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Health Tech Regulatory Trends To Watch In 2025
With an upcoming change in administration and the release of some long-awaited rules, the healthcare industry should prepare for shifting trends, including a growing focus on health data and interest in technology-enabled delivery of healthcare, say attorneys at Orrick.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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The Securities Litigation Trends That Will Matter Most In 2025
2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.
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Predicting The Lasting Changes CFPB May Face In 2025
President-elect Donald Trump and the incoming Republican-controlled Congress' likely attempts to reshape the Consumer Financial Protection Bureau could significantly alter its rulemaking, supervisory and enforcement abilities for years to come, says Jim Sandy at McGlinchey Stafford.
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The Justices' Securities Rulings, Dismissals That Defined '24
The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.
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10 Noteworthy CFPB Developments From 2024
In a banner year for consumer finance regulation, the Consumer Financial Protection Bureau made significant strides in its efforts to rein in Big Tech and nonbank financial firms, including via rules regarding open banking, credit card late fees, and buy now, pay later products, say attorneys at Wiley.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024 Has Been A Momentous Year For ESG
Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.