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Consumer Protection
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April 11, 2025
SEC Taps 2 Agency Staffers For Senior Enforcement Roles
The former director of the U.S. Securities and Exchange Commission's Philadelphia office has been promoted to overseeing the agency's trial team while an adviser to acting SEC Chair Mark Uyeda has been given the role of associate director of enforcement, according to a pair of recent announcements.
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April 11, 2025
Express Scripts Judge Asks If Khan's FTC Exit Affects Suit
The Missouri federal judge overseeing Express Scripts' lawsuit accusing the Federal Trade Commission of defaming it with a report excoriating the pharmacy benefits manager for allegedly inflating drug costs asked the parties Friday if new leadership at the commission affects the case that significantly targets former Chair Lina Khan.
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April 11, 2025
Kansas City Bank Tries To Sink Ex-Detainees' Debit Fee Case
Central Bank of Kansas City said Friday that a Washington federal judge should toss a class action from former inmates and detainees who said they were charged illegal debit card fees to regain access to money that was confiscated from them, arguing the lead plaintiff requested his card and knew how to avoid the fees.
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April 11, 2025
3M Fights 4th Circ. Bid To Undo Removal Of PFAS Suits
Lawsuits accusing 3M Inc. of "forever chemical" contamination of Maryland and South Carolina waterways should be kept in federal court, the company has argued, urging the Fourth Circuit to decline the states' request for full panel review.
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April 11, 2025
EchoStar Wants FCC To Cut Satellite Cos.' Political File Reg
Dish Network parent company EchoStar Corp.'s wishlist to curb Federal Communications Commission regulations includes a proposal to drop a requirement that satellite providers keep tabs on paid political ads.
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April 11, 2025
DOJ Torches Biden-Era Enviro Justice Deal With Alabama
The U.S. Department of Justice on Friday terminated a groundbreaking civil rights law-based environmental justice settlement intended to improve water infrastructure in a low-income Black community in Alabama, calling it another step in the Trump administration's effort to eliminate anti-discrimination initiatives.
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April 11, 2025
FTC Starts Process That May Nix Chevron, Exxon Deal Limits
The Federal Trade Commission took the first steps Friday toward potentially lifting bans on the CEOs of Hess and Pioneer Natural Resources serving on the boards of Chevron and Exxon, respectively, under agreements assailed by the FTC's Republican leadership who want to permit the Chevron-Hess and Exxon-Pioneer mergers without those restrictions.
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April 11, 2025
Telehealth Co. Sued Over 2024 Data Breach
A company that helps healthcare providers manage after-hours patient calls was hit with a proposed class action in New York federal court Friday alleging that it failed to secure user data prior to a 2024 breach that exposed the sensitive information of nearly 1 million people.
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April 11, 2025
Live Nation, Ticketmaster Can't Nix Consumer Antitrust Suit
A California federal judge Friday denied a bid from Live Nation and Ticketmaster to toss an antitrust case from consumers alleging monopolization of the concert ticketing market, following a tentative ruling issued earlier this week while finding a recent antitrust win for Amazon doesn't translate to the case before him.
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April 11, 2025
2nd Circ. Tosses Mid-Case Appeal In Asbestos Coverage Row
A Second Circuit panel dismissed on Friday a mid-case appeal in a dispute over coverage for hundreds of asbestos-related lawsuits, saying that resolving certified questions, including whether an insurer must defend a suit that doesn't name its policyholder, won't substantially advance the litigation.
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April 11, 2025
House Bill Would Fund Satellite, Fixed Wireless Broadband
An Ohio Republican has introduced House legislation to use some of the funds from the $42.5 billion Congress set aside for broadband expansion in 2021 to help defray the costs of obtaining satellite or fixed wireless broadband equipment and service.
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April 11, 2025
FTC Says Chamber's Merger Notice Rule Suit Belongs In DC
The Federal Trade Commission has asked a Texas federal judge to transfer a U.S. Chamber of Commerce regulation challenge to Washington, D.C., arguing that the only claims to Lone Star State jurisdiction are vague assertions that a local chamber's members could be affected by a new overhaul of merger filing requirements.
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April 11, 2025
Landlords Look To Exit DOJ's RealPage Antitrust Case
The residential building owners accused by federal and state enforcers of violating antitrust law through their use of RealPage's software to set rental prices told a North Carolina federal court it's not against the law for companies to use the same software.
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April 11, 2025
5th Circ. Revives Unfair Competition Fight Over Arthritis Drug
The Fifth Circuit has revived Zyla Life Sciences LLC's lawsuit seeking to block Texas rival Wells Pharma from selling rheumatoid arthritis drug suppositories that aren't U.S. Food and Drug Administration-approved, rejecting Wells Pharma's argument that Zyla's state claims are preempted under federal law and noting that finding otherwise would have "staggering" implications.
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April 11, 2025
Judge Won't Exit Broker Fee Case Over Donations To Wife
A Missouri federal judge said a real estate firm's bid to boot him from a class action over commission fees may have been driven more by litigation strategy than ethical concerns over campaign contributions made by opposing counsel to his wife, a Kansas City councilwoman.
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April 11, 2025
Nikola Corp. Gets OK For $30M Arizona Factory Sale
A Delaware bankruptcy judge Friday gave electric vehicle and hydrogen fueling technology maker Nikola Corp. the go-ahead to sell its Arizona factory and headquarters to electric carmaker Lucid Motors for $30 million.
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April 11, 2025
Hagens Berman Sanctioned Over Disappearing Client
Hagens Berman Sobol Shapiro LLP is facing monetary sanctions in a proposed class action against Apple and Amazon, after a Washington federal judge said the firm misled her about a problem client who disappeared and wasted the court's time in the process.
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April 11, 2025
FTC Probing Valvoline's $625M Breeze Autocare Deal
Valvoline Inc. said Friday that the company and Greenbriar Equity Group LP have each received second requests from the Federal Trade Commission for Valvoline's proposed $625 million acquisition of Breeze Autocare from the middle market private equity firm.
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April 11, 2025
Mich. Pot Co. Hits Vape Wholesalers With Antitrust Suit
Redbud Roots Inc., which bills itself as Michigan's top craft cannabis cultivator, processor and supplier, is suing a group of vaporizer wholesalers, saying in the antitrust complaint that they have agreed to fix prices and keep competitors out of the market.
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April 11, 2025
Keller Postman Denies Breaching Arbitration Deal With Tubi
Keller Postman LLC shot back at Tubi Inc.'s claims that it violated an agreement meant to cool a heated dispute amid the video streaming service's tortious interference suit over mass arbitration against its user agreement, with the firm arguing it "complied with every stipulation it made to this court."
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April 10, 2025
Monsanto Can't Nix PCB Expert From 11th Seattle School Trial
A Washington state judge has denied Monsanto's latest bid to keep chemical exposure estimates out of a PCB tort trial slated to start Monday in Seattle, weighing in on an issue that will ultimately be decided by the state's high court.
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April 10, 2025
Senate Confirms Meador To Fill 3rd GOP Seat AT FTC
The U.S. Senate voted along party lines Thursday to confirm Kressin Meador Powers LLC partner Mark Meador to the Federal Trade Commission, filling the agency's third Republican seat as the spots left by the recent firing of the commission's two Democrats remain vacant.
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April 10, 2025
Vanda Sues FDA To Block Off-Label Use Drug Promo Regs
A pharmaceutical company, a Texas physician and an often-jet lagged traveler sued the U.S. Food and Drug Administration in Texas federal court Wednesday seeking to block marketing restrictions on the off-label uses of FDA-approved drugs, arguing that long-standing rules and Biden-era guidance runs afoul of the First Amendment.
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April 10, 2025
Puerto Rico Judge Says Atty Plagiarized Climate Complaint
Calling it a "cautionary tale for all members of the bar," a Puerto Rico federal judge has upbraided an attorney representing San Juan for plagiarizing the complaint and other briefs in the municipality's lawsuit alleging energy industrial giants misrepresented the climate dangers of fossil fuel products.
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April 10, 2025
9th Circ. Open To Sending Invisalign Antitrust Suit To Trial
Two Ninth Circuit judges appeared open on Thursday to reversing Align's summary judgment win against a pair of class actions accusing Invisalign of monopolizing the clear braces and teeth scanners market, with one judge saying there is a triable factual dispute and another judge doubting Align's interpretation of antitrust law.
Expert Analysis
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New HSR Rules Augur A Deeper Antitrust Review By Agencies
After some initial uncertainty, the new Hart-Scott-Rodino Act rules did go into effect last month, and though their increased information requirements create greater initial burdens for merging parties, the rules should lead to greater certainty and predictability through a more efficient and effective review process, says Craig Malam at Edgeworth Economics.
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New Fla. Financial Abuse Law May See Limited Buy-In
Florida's newly effective financial protection law comes with compliance burdens and uncertainties that could discourage financial institutions from participating, even though the law aims to shield them from liability for delaying transactions when they suspect exploitation of elderly and vulnerable account holders, say attorneys at Shutts & Bowen.
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What To Know About Insurance Coverage For Greenwashing
As the number of public and private lawsuits relating to greenwashing dramatically grows, risk managers of companies making environmental claims should look to several types of insurance for coverage in the event of a suit, say attorneys at Hunton.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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Considering The Future Of AI Regulation On Health Sector
As Texas looks to become the next state to pass a comprehensive law regulating artificial intelligence, the healthcare industry should consider how AI regulation will continue to evolve in the U.S. and how industry members can keep up with compliance considerations, say attorneys at Kirkland & Ellis.
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30 Years Later: How PSLRA Has Improved Securities Litigation
In the 30 years since the Private Securities Litigation Reform Act's passage, the statute has achieved its purpose of shifting securities class actions to investors most capable of monitoring the litigation, selecting competent counsel at competitive rates and maximizing recoveries for the investor classes they represent, say attorneys at Bernstein Litowitz.
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Managing Anti-Corporate Juror Views Revealed By CEO Killing
After the shooting of UnitedHealthcare CEO Brian Thompson laid bare deep-seated anti-corporate sentiments among the public, companies in numerous industries will have to navigate the influence of related juror biases on litigation dynamics, say Jorge Monroy and Keith Pounds at IMS Legal Strategies.
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How Banks Can Prepare For NYDFS Overdraft Overhaul
The New York State Department of Financial Services' recent proposal to amend overdraft rules for financial institutions underscores states' potential to create consumer protection mechanisms in the absence of meaningful federal action, say attorneys at Steptoe.
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Terraform Case May Be Bellwether For Crypto Enforcement
The prosecution of crypto company Terraform Labs and its CEO, Do Kwon, offers a unique test of the line between lawful and unlawful conduct in digital transactions, and the Trump administration’s posture toward the case will provide clues about its cryptocurrency enforcement agenda in the years to come, say attorneys at Brooks Pierce.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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What's At Stake In High Court's Class Member Standing Case
The U.S. Supreme Court’s eventual decision in Labcorp v. Davis could significantly alter how parties prosecute and defend class actions in federal court, particularly if the court determines some proof of member standing is required before a class may be certified, say attorneys at Reed Smith.
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Texas Fraud Case Shows Dangers Of Faulty Crypto Reporting
The recent sentencing of a man who failed to properly report capital gains from bitcoin sales is a reminder that special attention must be given to the IRS' reporting requirements in order to stay out of the government's crosshairs, says Saverio Romeo at Fox Rothschild.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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Justices' TikTok Ruling May Pose Threat To Online Expression
The U.S. Supreme Court's recent landmark ruling upholding a federal law mandating TikTok's forced divestiture in the name of data security may embolden digital censorship agendas worldwide, says IP lawyer Bahram Jafari.