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Consumer Protection
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March 26, 2025
Big Top Blunder: Circus Sues BofA Over $4.8M Wire Fraud
Soul Circus Inc., the owner of UniverSoul Circus, has accused Bank of America of allowing thieves to access its online corporate banking platform and steal more than $4.8 million from the company, according to a lawsuit removed to Atlanta federal court.
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March 26, 2025
Fired FTC Commissioner Defends Removal Protections
Recently terminated Federal Trade Commissioner Rebecca Kelly Slaughter told a House subcommittee on Wednesday the removal of the agency's minority commissioners sends a message to the remaining members that they too could be fired on a "whim."
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March 26, 2025
Insurers Must Cover $29M Axle Defect Costs, Co. Says
A successor company to an auto parts manufacturer told a Michigan federal court Wednesday its commercial general liability insurers must help cover nearly $29 million a German company said it lost from faulty axle shafts it purchased and were ultimately installed in certain Dodge Ram pickup trucks.
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March 26, 2025
Calif. Consumer Affairs Dept. Sued For 'Unqualified' Arbitrator
California's Department of Consumer Affairs has been accused of harming consumers by allowing unqualified individuals to handle arbitrations, according to a suit filed in Los Angeles Superior Court.
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March 26, 2025
Illinois Supreme Court Denies Co.'s BIPA Coverage Appeal
The Illinois Supreme Court left intact an intermediate appellate panel's decision relieving two Liberty Mutual units of covering a home decor company in its underlying dispute with employees who said its timekeeping practices are in violation of the state's biometric data privacy law.
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March 26, 2025
UK Antitrust Arm Probing Food Services Merger
Britain's antitrust watchdog has launched an initial enforcement order into global catering giant Aramark Group's acquisition of Entier, a Scottish rival, over concerns the transaction could result in a "substantial lessening of competition" in the food services sector.
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March 26, 2025
High Court Upholds ATF's Ghost Gun Rule
The U.S. Supreme Court on Wednesday found that a Bureau of Alcohol, Tobacco, Firearms and Explosives rule restricting so-called ghost gun kits was wrongly invalidated by a lower appeals court and said the bureau has authority to regulate weapons parts and unfinished frames.
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March 25, 2025
Virginia Gov. Vetoes AI Bias Bill, Citing Industry Impact
Virginia's governor has blocked legislation that would have required the developers and deployers of "high-risk" artificial intelligence systems used in employment, healthcare and other areas to implement safeguards against algorithmic discrimination, saying that the "burdensome" proposal would have "stifled" the burgeoning AI industry.
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March 25, 2025
7th Circ. Says Wendy's Couldn't Foresee Or Prevent Shooting
The Seventh Circuit on Tuesday affirmed a legal win for Wendy's in a suit brought by a customer who was shot in his car in the drive-thru lane, saying the unprovoked shooting was not foreseeable.
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March 25, 2025
Nissan Owner Says Multiple Models Have Faulty Door Locks
Nissan hid for years a latent defect in door latches of its Altima, Sentra and Rogue vehicles that result in the inability to unlock doors, trapping passengers inside, or causing doors to open while the vehicles are in motion, alleges a putative class action filed Monday in California federal court.
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March 25, 2025
Intelsat Seeks Fast C-Band Relocation Payments
The Federal Communications Commission should be paying satellite operators to partially clear out of the upper C-band and it should be doing it quickly, according to Intelsat, which told the agency that it has already done its part.
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March 25, 2025
SoLo Funds Interest Rate Suit Sent To Arbitration
Financial app SoLo Funds Inc. can arbitrate allegations it deceived users by describing its advances as no-cost, a Pennsylvania federal judge has ruled after the Third Circuit reversed her earlier decision to deny an arbitration bid.
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March 25, 2025
Mondelez, Ghost Beat Suit Over Candy-Flavored Energy Drink
An Illinois federal judge has tossed out parents' claims that Mondelez and energy drink maker Ghost illegally deceive consumers into thinking Ghost's "Sour Patch Kids"-flavored beverages are suitable for children, saying no reasonable adult consumer would interpret the labels that way.
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March 25, 2025
Boeing, DOJ 737 Max Criminal Conspiracy Trial Set For June
Boeing Co. will face a June trial in its 737 Max criminal conspiracy case, a Texas federal court said Tuesday, in a dramatic shift in the American aerospace giant's legal saga as the company continues to renegotiate its plea agreement with the U.S. Department of Justice.
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March 25, 2025
7-Eleven Defends Cautious Antitrust Approach To Deal Talks
The parent company of 7-Eleven on Tuesday defended its wary approach to a proposed acquisition by Alimentation Couche-Tard Inc. saying it has legitimate concerns about the deal clearing U.S. antitrust enforcers.
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March 25, 2025
Home Sellers Oppose DOJ Statement In Mass. Listing Deal
Home sellers that agreed to a $3.95 million settlement with a multiple listing service over its broker commission rules are defending the deal from the U.S. Department of Justice's attacks, telling the Massachusetts federal judge weighing approval that the government has yet to suggest terms it would find acceptable.
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March 25, 2025
MoneyLion Gets CFPB Military Lending Suit Cut, But Not Axed
A New York federal judge has trimmed the Consumer Financial Protection Bureau's suit against MoneyLion Technologies, tossing claims that alleged improper use of an arbitration agreement and disclosure violations while allowing the remainder to proceed.
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March 25, 2025
FDIC Will Seek To 'Eradicate' Its Use Of Reputation Risk
The Federal Deposit Insurance Corp. plans to "eradicate" the concept of reputation risk from its oversight of banks and is working to take its approach to digital assets in "a new direction," the agency's acting chief has told Congress.
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March 25, 2025
Calif. Justices Reject Fees For Hyundai Drivers In Settled Case
A California couple who settled a lemon law dispute with Hyundai Motor America during trial for less than what the carmaker had previously offered cannot recover their costs from Hyundai because they did not win a judgment and are not the prevailing party, the state supreme court ruled.
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March 25, 2025
FINRA President Hints At Offloading Arbitration Oversight
The president of the Financial Industry Regulatory Authority said Tuesday that he's considering whether another entity should take up the brokerage regulator's arbitration oversight, questioning whether it's an appropriate function for FINRA to continue running.
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March 25, 2025
High 5 Subsidiary Can't Skirt $25M Jury Award, Class Argues
A lead plaintiff in a class action told a Washington federal judge to allow an unjust enrichment claim against a High 5 Games subsidiary, arguing that a 2022 asset transfer is being used as a ploy to avoid paying $25 million that a jury awarded the class Feb. 7, finding gambling addicts were targeted with social casino-style mobile apps.
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March 25, 2025
Ford To Explore Mediation After $2.5B Rollover Verdict
At the suggestion of a Georgia federal judge, Ford Motor Co. and a family that won a $2.5 billion punitive damages verdict against the company last month in a fatal Super Duty truck rollover trial have agreed to give mediation a try before the company presses ahead with efforts to get the record-breaking award overturned.
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March 25, 2025
Calif. Lawmaker Floats NY-Like Internet Pricing Cap
A California Democrat hopes to pass legislation through the state Assembly to put a pricing cap on internet service plans for low-income households in the same way as a New York law that has survived legal challenges.
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March 25, 2025
DraftKings Says $1,000 Deposit Bonus Promo Not Deceptive
DraftKings has asked a New York federal judge to toss a lawsuit that accuses the gambling company of running a misleading marketing scheme, arguing the terms of a promised $1,000 in credits for new registrants are clearly stated.
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March 25, 2025
Privacy Statements OK By Pa. Wiretapping Law, Judge Says
Websites that disclose third-party data collection in privacy statements that a "reasonably prudent person" could see do not violate Pennsylvania's laws against wiretapping, a federal judge has ruled, throwing out a long-running lawsuit that defendants claimed could have rendered many websites illegal.
Expert Analysis
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Series
In The CFPB Playbook: A Sprint To The Finish Line
The fourth quarter of 2024 was an impressive demonstration of the Consumer Financial Protection Bureau's ability to regulate, enforce and supervise, even on borrowed time following the election results, and we should expect the current bureau to run nonstop until Jan. 20, say attorneys at Covington.
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3 Factors Affecting Retail M&A Deals In 2025
Retailers considering mergers and acquisitions this year face an evolving antitrust environment, including a new administration under President-elect Donald Trump, revised merger guidelines and a precedent set last year by a canceled $8.5 billion handbag merger, say attorneys at DLA Piper.
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Top 10 Legal Issues This Year For Transportation Industry GCs
General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Searching For Insight On Requested Google Chrome Remedy
The potential for Google to divest its Chrome browser — a remedy requested by the Justice Department following a D.C. federal court’s finding the company is a monopolist — has drawn both criticism and endorsement, but legal precedent likely supports the former, say attorneys at Ballard Spahr.
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Consultants Should Be Aware Of DOJ's Potential New Reach
The U.S. Department of Justice's recent first-of-its-kind settlement with McKinsey & Co. indicates not only the DOJ's more aggressive stance toward businesses' potential criminal wrongdoings, but also the benefits of self-disclosure and cooperation when wrongdoing becomes apparent, says Dom Caamano at Kibler Fowler.
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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.