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Consumer Protection
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March 03, 2025
Vape Co. Backs 6th Circ. Challenge To Ky. E-Cig Law
A Texas e-cigarette liquids maker on Monday urged the Sixth Circuit to side with a group of vape interests in their bid to block a Kentucky law regulating vape sales, saying the companies have standing to block the measure and the law is preempted under federal law.
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March 03, 2025
Pa. Supreme Court Snapshot: Negligence Damages Caps
The Pennsylvania Supreme Court will start and end its March session examining long-standing precedents, beginning Tuesday with an argument that will spotlight damages against government entities, and wrapping up Wednesday with a matter hinging on a rule that lets general contractors share their subcontractors' immunity under the workers' compensation law.
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March 03, 2025
Vape Co.'s Challenge Of FDA Penalty Rejected
A Washington, D.C., federal judge has thrown out an online vape retailer's constitutional challenge to a U.S. Food and Drug Administration enforcement proceeding, ruling that claims fell outside the court's jurisdiction.
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March 03, 2025
TD Bank Hit With Customer Suit Over Data Breach
TD Bank was hit with a proposed class action from a customer alleging that the bank's lax data and privacy controls allowed an ex-employee to improperly access sensitive customer information two and a half years ago.
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March 03, 2025
Kraken Joins Crypto Cos. Announcing SEC Case Dismissals
Crypto exchange Kraken said Monday that the U.S. Securities and Exchange Commission is also walking away from its registration suit amid a bevy of crypto case dismissals and investigation closures that have come as part of a new approach to digital asset policy.
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March 03, 2025
10th Circ. Backs CPSC In Challenge To New Magnet Rule
The Tenth Circuit on Monday denied a petition challenging a new Consumer Product Safety Commission rule regulating the sale of small, high-powered magnets, finding that the evidence the CPSC provided supports the rule and the commission's structure is constitutional.
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March 03, 2025
$21M Gallagher Data Breach Deal Approved
An Illinois federal judge gave final approval to insurance broker Arthur J. Gallagher & Co.'s $21 million deal resolving lawsuits claiming it failed to protect the personal information of more than 3 million customers from a data breach.
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March 03, 2025
Justices Decline Data Breach Suit Against SC Medical Center
The U.S. Supreme Court on Monday declined to review a Fourth Circuit decision that a health center cannot use federal immunity as a shield against a data breach lawsuit even though it received public funds, despite the company's warning that the ruling has created a circuit split.
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March 03, 2025
Arnold & Porter Hires DOJ Consumer Protection Atty In DC
Arnold & Porter Kaye Scholer LLP has hired a Justice Department consumer protection attorney, who told Law360 Pulse in an interview Monday that he wanted to join the firm because its practice focuses are reflective of his versatile, Swiss-Army-knife-like experience.
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March 03, 2025
Coinbase Wants To Know SEC Spend On Crypto Enforcement
Crypto exchange Coinbase wants to know how much the U.S. Securities and Exchange Commission spent on its "regulation-by-enforcement campaign" against crypto firms under previous Chair Gary Gensler, according to a Freedom of Information Act request submitted on Monday.
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February 28, 2025
Align Tech Deal Directs Buyers To A Monopolist, Judge Says
A California federal judge has soundly rejected Align Technologies Inc.'s proposed $27.5 million antitrust settlement with teeth-aligner buyers, slamming Align as a monopolist and saying that the deal "will direct still more customers to the monopolist."
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February 28, 2025
9th Circ. Keeps Mass Starz Privacy Arbitration Consolidated
The Ninth Circuit on Friday refused to allow a consumer whose video privacy arbitration claims against Starz Entertainment LLC have been merged with more than 7,000 similar allegations to break off from the pack, finding that the television network couldn't be blamed for the current "procedural stalemate" in the consolidated arbitration proceedings.
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February 28, 2025
CFPB Endgame Is Just 'Five Men And A Phone,' Filings Allege
Current and former Consumer Financial Protection Bureau employees alleged in D.C. federal court filings that the Trump administration is much more aggressively trying to gut the agency than it has let on, warning it has already damaged vital functions.
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February 28, 2025
CFPB Won't Drop MoneyLion Suit Despite Agency Shake-Up
The Consumer Financial Protection Bureau told a New York federal judge Friday that the agency plans to continue pursuing its lawsuit against MoneyLion Technologies Inc. under Trump-appointed leadership despite uncertainty about the agency's future and the CFPB's recent decisions to drop other actions due to the Trump administration's policy shake-up.
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February 28, 2025
SEC, Ex-Silvergate CFO Trade Shots Over Enforcement Case
The U.S. Securities and Exchange Commission on Friday urged a New York federal court not to throw out its claims that the former chief financial officer of defunct crypto-focused bank Silvergate Capital concealed the bank's rocky financial position, saying that the executive is mischaracterizing its claims.
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February 28, 2025
T-Mobile Touts Broadband Benefits Of US Cellular Deal
T-Mobile continues to make its case to the Federal Communications Commission in the hopes of earning the agency's blessing on the mobile behemoth's $4.4 billion plan to pick up rival UScellular's wireless business since it holds the key to the transfer of all the latter company's licenses.
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February 28, 2025
Group Blasts Judge's Call For Women In Contraception MDL
A judicial organization dedicated to fighting "leftist lawfare" filed a complaint Thursday against the Florida federal judge overseeing multidistrict litigation over the hormonal contraceptive drug Depo-Provera, claiming that her comments about women needing to be represented in the MDL leadership show an impermissible bias.
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February 28, 2025
Ford Insists Recalls Thwart Engine Fire Defect Class Action
Ford Motor Co. asked a Michigan federal judge on Friday to snuff an amended proposed class action alleging it sold hybrid electric vehicles with defective engines that could spontaneously stall and catch fire, reiterating that two voluntary recalls of affected vehicles voids the drivers' claims.
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February 28, 2025
Trump Admin Cuts Raise Trade Secret Security Concerns
As the Trump administration reduces the size of the federal government, intellectual property attorneys are expressing concerns about the continued safeguarding of trade secrets that companies are required to disclose to certain agencies.
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February 28, 2025
Galaxy Gas Hides A Dangerous Buzz, Class Action Says
Galaxy Gas, the maker of a popular line of flavored nitrous oxide dispensers, was hit with a putative class action Friday accusing the company of pushing a commonly abused, addictive, dangerous, and perfectly legal recreational drug under the guise of a "culinary tool."
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February 28, 2025
BofA Customer Gets Class Cert. In Revived ATM Fee Dispute
A class of account holders who allege Bank of America breached a contract by charging out-of-network fees for balance inquiries at certain ATMs can now proceed with claims as a class after their initial attempt at certification was denied.
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February 28, 2025
Pa. Health System Can't Compel Arbitration In Meta Pixel Suit
A terms of service link on a Pennsylvania health system's website was not sufficient to bind a patient to arbitration in his suit over the alleged disclosure of his personal information to Meta Platforms, a federal judge has ruled.
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February 28, 2025
Wash. Judge Picks Apart Parents' Hospital Data Privacy Suit
A Washington appellate judge on Friday grilled parents seeking to revive their proposed privacy class action against a Seattle hospital, expressing frustration with their argument that state wiretapping law could apply to an individual's queries to a public-facing website.
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February 28, 2025
CFPB Drops TransUnion Suit In Enforcement Retreat
The Consumer Financial Protection Bureau on Friday voluntarily dismissed, with prejudice, a lawsuit against TransUnion alleging deceptive marketing practices, and another suit against 1st Alliance Lending LLC alleging deceptive mortgage lending practices, the latest in a string of enforcement actions the Trump administration has dropped without explanation.
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February 28, 2025
Shake Shack Sued Over 'Deceptive' Delivery Fees
Shake Shack Inc. charges its customers "deceptive fees" when they use the fast casual chain's website and app to order food delivery, according to a proposed class action removed to California federal court.
Expert Analysis
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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.
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2024's Most Notable FTC Actions Against Dark Patterns And AI
In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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The Story Of 2024's Biggest Bank Regs, And Their Fate In 2025
U.S. federal bank regulators were very active in 2024 with initiatives ranging from antitrust and capital to proposals regarding controlling shareholders and incentive-based compensation, but many regulations face an uncertain future under the new administration, say attorneys at Latham.
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Data Privacy Landscape After Mass. Justices' Wiretap Ruling
In Vita v. New England Baptist Hospital, Massachusetts’ highest court recently ruled that the state’s wiretap law doesn’t prohibit all tracking of website user activity, but major financial and reputational risks remain for businesses that aren't transparent about customer’s web data, says Seth Berman at Nutter.
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Opinion
1 Year After Rule 702 Changes, Courts Have Made Progress
In the year since amendments to the Federal Rules of Evidence went into effect, many federal judges have applied the new expert witness standard correctly, excluding unreliable testimony from their courts — but now state courts need to update their own rules accordingly, says Lee Mickus at Evans Fears.
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Conducting A 'Reasonably Expected Market Area' Analysis
Regardless of whether the incoming administration scales back on redlining examinations and investigations, lenders should take steps to understand how regulators define "reasonably expected market areas," and how to conduct analyses of such areas, say attorneys at Mitchell Sandler.
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Opinion
Justices Rightly Corrected Course In Nvidia And Facebook
By dismissing both the Nvidia and Facebook class actions, over investors' ability to hold corporations accountable for fraud, the U.S. Supreme Court was right in refusing to favor corporations over transparency, and reaffirmed its commitment to corporate accountability, investor protection and the rule of law, says Laura Posner at Cohen Milstein.
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Gov't Scrutiny Of Workplace Chat Apps Set To Keep Growing
The incoming Trump administration and Republican majorities in Congress are poised to open numerous investigations that include increasing demands for entities to produce communications from workplace chat apps, so companies must evaluate their usage and retention policies, say attorneys at Orrick.