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Consumer Protection
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April 08, 2025
Trump's CFPB Pick Could Be Confirmed By May, Scott Says
Senate Banking Committee Chairman Tim Scott, R-S.C., said Tuesday that a final confirmation vote could be just weeks away for Jonathan McKernan, who is President Donald Trump's nominee to head up the Consumer Financial Protection Bureau.
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April 08, 2025
TelexFree Investors Can't Sue Wells Fargo, Others As Class
A Massachusetts federal judge on Tuesday refused to grant class certification in a suit from investors claiming they lost money in the massive TelexFree Ponzi scheme, siding with a handful of defendants remaining in the multidistrict litigation.
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April 08, 2025
Four Robinhood Users Must Arbitrate Meme Stock Claims
A Florida federal judge overseeing the multidistrict litigation over Robinhood's decision to freeze trading in certain so-called meme stocks ordered four remaining plaintiffs in the case to arbitrate their claims, writing in an order that there's no dispute a valid arbitration agreement exists.
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April 08, 2025
5th Circ. Orders New Trial In $140M Healthcare Fraud Case
A Fifth Circuit panel shot down a bid from a suspect in a $140 million healthcare fraud scheme to forestall a second trial after alleged prosecutorial misconduct sank the first, finding the government hadn't intentionally withheld evidence.
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April 08, 2025
FDIC To Look At 'Indexing' Size Thresholds For Bank Rules
The Federal Deposit Insurance Corp.'s acting chief said Tuesday that the agency may recalibrate what counts as a large bank after years of inflation and is working on other broadly deregulatory plans for banks' living-will filings, a key leverage rule and more.
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April 08, 2025
US Seeks To Toss Utah Tribe's Water Claims Against Farm
The United States has weighed in on a tribe's dispute against a farm over water use and land rights in Utah federal court, arguing that U.S. officials have approved the water transfer agreements at issue as well as more than 200 others like them.
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April 08, 2025
FCA Seeks Sanctions For Driver Who Got Rid Of His Vehicle
Fiat Chrysler Automobiles says a proposed class action over allegedly defective door panels in older model Dodge Chargers and Chrysler 300s should be ended, partly because the alleged defect isn't covered by a warranty and additionally because one of the drivers got rid of his car before the automaker could inspect it.
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April 08, 2025
Dems Air Grievances But Advance Telecom Bills At Markup
The House Committee on Energy and Commerce managed to advance about 20 bills Tuesday, most of which dealt with telecom issues, including proposed legislation that would require the FCC to publish lists of licensees with ties to "adversarial" foreign countries and mandate a study on the dangers of foreign-made routers.
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April 08, 2025
Bigelow Tea Buyer Class Wins $2.36M In Trial Over 'USA' Label
A California federal jury found Tuesday that R.C. Bigelow committed fraud and violated the state's Consumer Legal Remedies Act by placing a label on some tea products touting it as "Manufactured in the USA 100%," awarding a class of Golden State tea buyers $2.36 million in damages.
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April 08, 2025
Pepsi, Frito-Lay Fight Pricing Claims From Stores
Pepsi and Frito-Lay have asked to toss a case accusing them of illegally charging Walmart, Target and other chain stores less for chips than smaller retailers, saying the stores bringing the case fail to make a direct comparison of sales to the different outlets.
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April 08, 2025
Porsche Seeks Toss Of Taycan EV Defect Suit
Porsche Cars NA Inc. has asked a federal court to dismiss nearly all claims brought against it in a proposed class action alleging the carmaker failed to disclose or adequately repair a defect in its Taycan electric vehicles for the model years 2020-2024.
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April 08, 2025
Students Urge Speedy Discovery In Ex-Coach Hacking Suit
As cases against the University of Michigan and a former assistant football coach over the alleged hacking of personal information and downloading of intimate photos move to one judge's docket, students in the first-launched lawsuit are seeking to speed up discovery so they can learn of their potential exposure from the breach.
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April 08, 2025
Volvo Battery Defect Risks Plug-In Hybrid Fires, Suit Says
Certain Volvo plug-in hybrid vehicles risk catching fire due to the Swedish automaker's faulty design and manufacturing of battery modules, one consumer alleged in a proposed class action filed Tuesday in Pennsylvania federal court.
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April 08, 2025
Wash. Co. Liable For Hack Involving 19K Workers, Suit Says
A Washington-based seafood producer has been hit with a proposed class action in federal court over a data breach that allegedly exposed the private information of more than 19,000 employees to hackers.
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April 08, 2025
Wash. Smoke Shop Settles Exploding Vape Battery Suit
An Evergreen State smoke shop has reached a settlement to end a consumer's suit over a lithium-ion e-cigarette battery that allegedly exploded in his pocket, according to new filings in Washington federal court, following a judge's decision in late March to let a vape wholesaler off the hook.
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April 08, 2025
3M Tells 2nd Circ. Conn. PFAS Suit Belongs In Federal Court
3M Co. on Monday told the Second Circuit that Connecticut's lawsuit accusing the company of polluting the environment with forever chemicals contained in its consumer products belongs in federal court.
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April 08, 2025
Subscribers Push For Arbitration In MLB.TV Data Sharing Row
An MLB.TV subscriber filed a petition on behalf of himself and 5,600 customers, asking a New York federal court to force the league's media arm into arbitration over allegations that it is misusing customers' personal information.
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April 08, 2025
CFPB Withdraws From MoneyGram Suit, NY AG To Continue
The Consumer Financial Protection Bureau told a New York federal judge that it would like to drop out of its Biden-era enforcement lawsuit against MoneyGram International Inc., a move that would leave behind the New York attorney general as the sole plaintiff in the case.
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April 08, 2025
Conn. Justices OK Debt Negotiator's Suit Against Watchdog
Connecticut's highest court will allow a trial judge to decide whether the Department of Banking can skirt the state's restriction on regulating attorneys to the judicial branch, declining Tuesday to end a suit that a law firm and its associated debt negotiation group brought against the state watchdog.
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April 08, 2025
No Sanctions For DC In RealPage Antitrust Case
The District of Columbia and its attorneys at Cohen Milstein have escaped a sanctions bid in the district's rental pricing case against RealPage Inc. and local landlords, as one of the building owners also had a motion to dismiss the claims against it denied.
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April 08, 2025
Berkshire Unit Looks To Transfer Commission Fee Claims
Berkshire Hathaway Energy Company is pushing a Missouri federal court to transfer a proposed class action accusing it and other companies of conspiring to artificially inflate buyer-broker commission fees, arguing the claims should be litigated in Iowa federal court instead.
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April 08, 2025
BMW Faces Class Action Over Water Pump Fire Risk
A driver has hit BMW with a proposed class action in North Carolina federal court over the manufacturer's recall of roughly 721,000 cars containing faulty water pumps that could leak and cause a fire.
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April 08, 2025
FCC Reworks Database Of Reassigned Phone Numbers
It will be easier and cost less for companies to make sure they're reaching the right consumer's phone number with recent changes to the Reassigned Numbers Database, the Federal Communications Commission said.
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April 08, 2025
Amedisys Gets Merger Filing Claim Paused In DOJ's UHG Suit
A Maryland federal judge has hit pause on part of the Justice Department lawsuit challenging UnitedHealth's $3.3 billion acquisition of home health and hospice company Amedisys, preferring to handle the merger challenge first and only then turn to allegations that Amedisys shirked its merger filing requirements.
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April 08, 2025
Justices Halt Order To Reinstate Federal Workers
The U.S. Supreme Court on Tuesday hit pause on a California federal court order reinstating tens of thousands of probationary federal workers who were fired from six agencies, agreeing with the Trump administration that the nonprofit groups that obtained the order lack standing to challenge the firings.
Expert Analysis
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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3 Action Items For Innovators Amid Fintech Regulatory Pivot
As the federal banking agencies seek to smooth the way for banks to engage in crypto-related activities, banks and technology companies should take note of this new chapter in payments services, especially as leadership in digital financial technology becomes a national priority, says Jess Cheng at Wilson Sonsini.
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Opinion
GENIUS Act Can Bring Harmony To Crypto-Banking Discord
By embracing crypto innovation while establishing appropriate guardrails, the so-called GENIUS Act charts a path forward that promotes financial inclusion and technological advancement without compromising stability or constitutional rights, says J.W. Verret at George Mason University's Antonin Scalia Law School.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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23andMe Case Highlights Privacy Complexities In Ch. 11
Attorneys at Pryor Cashman discuss the interplay between a sale of personally identifiable information and bankruptcy law in light of genetics and health company 23andMe's recent filing for Chapter 11 relief.
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Mass. AG Emerges As Key Player In Consumer Protection
Through enforcement actions and collaborations with other states — including joining a recent amicus brief decrying the defunding of the Consumer Financial Protection Bureau — Massachusetts Attorney General Andrea Campbell has established herself as a thought leader for consumer protection and corporate accountability, say attorneys at Troutman Pepper.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q1
Among the most notable developments in California banking in the first quarter of the year, regulators and legislators issued regulations interpreting debt collection laws, stepped up enforcement actions, and expanded consumer protections for those affected by wildfires, says Stephen Britt at Severson & Werson.
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Inside State AGs' Arguments Defending The CFPB
Recent amicus briefs filed by a coalition of 23 attorneys general argue that the Trump administration's efforts to dismantle the Consumer Financial Protection Bureau will irreparably harm consumers in several key areas, making clear that states are preparing to fill in any enforcement gaps, say attorneys at Kelley Drye.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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In-House Expert Testimony Is Tricky, But Worth Considering
Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.
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Reconciling 2 Smoke Coverage Cases From California
As highlighted by a California Department of Insurance bulletin clarifying the effect of two recent decisions on insurance coverage, the February state appellate ruling denying coverage for property damage from smoke, ash and soot should be viewed as an outlier, say attorneys at Reed Smith.
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Series
NY Banking Brief: All The Notable Legal Updates In Q1
The most noteworthy developments from the first quarter of the year in New York financial services include newly proposed regulations on overdraft fees, a groundbreaking settlement by the state attorney general, and a potentially precedent-setting opinion regarding the Electronic Fund Transfer Act, say attorneys at Quinn Emanuel.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.