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Consumer Protection
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April 25, 2025
Broadcasters Oppose FCC Adding New Local Notice Regs
Broadcasters said they don't like the idea of new local notice requirements for some types of new stations as part of a Federal Communications Commission plan to otherwise cut down on rules covering the industry that it believes are no longer needed.
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April 25, 2025
Trump Pressed To Roll Back Ligado Network Order
A broad collection of navigation, transportation, weather and agricultural interest groups are urging President Donald Trump and Congress to roll back the Federal Communications Commission's controversial Ligado order, arguing that the company's proposed terrestrial mobile service would cause harmful interference to GPS, satellite communications and weather forecasting services.
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April 25, 2025
CFPB Plans Exit From Auto Finance Suit, Leaving It To NY
The Consumer Financial Protection Bureau has moved to withdraw from a predatory lending lawsuit it brought jointly with the state of New York against subprime auto lender Credit Acceptance Corp., marking another pullback in a series of enforcement retreats by the agency.
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April 25, 2025
Calif. AG Asks Court To Sink Exxon Recycling Defamation Suit
California's attorney general is asking a Texas federal court to dismiss Exxon Mobil Corp.'s lawsuit alleging he and several conservation groups have disparaged the company's reputation by declaring that it misled people about the effectiveness of plastic recycling.
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April 25, 2025
House Republicans Seek Info On DeepSeek Ties To CCP
Republicans on the House Energy and Commerce Committee are pressing Chinese AI company DeepSeek for information on their data practices and relationship with the Chinese Communist Party.
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April 25, 2025
11th Circ. Backs FDA In Denial Of Bidi's Vape Application
The Eleventh Circuit has affirmed the denial of a marketing application for a tobacco-flavored electronic cigarette made by Bidi Vapor LLC, finding that the U.S. Food and Drug Administration did not act arbitrarily or capriciously in finding that the company failed to show the product would promote public health.
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April 25, 2025
Ex-FCC Chair Back At HQ To Lobby For Mobile Biz
A former chief of the Federal Communications Commission made a cameo appearance at the agency's Washington, D.C., headquarters in his new role as top lobbyist for the mobile services industry, calling for more spectrum to feed boundless growth in the wireless business.
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April 25, 2025
Manufactured Home Finance Biz Faces New 'Risky Loan' Suit
After the Consumer Financial Protection Bureau walked away from a similar case earlier this year, a proposed class action in Tennessee federal court accuses a Berkshire Hathaway-owned company of signing up customers for loans they couldn't afford for manufactured homes typically built and sold by an affiliate.
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April 25, 2025
Atkins Vows SEC Will Pursue 'Common-Sense' Crypto Policy
Paul Atkins, the newly sworn-in leader of the U.S. Securities and Exchange Commission, on Friday presented his first public remarks before the agency, promising crypto industry experts that the SEC will shift away from what he called a policy of stifling innovation in digital assets.
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April 25, 2025
2nd Circ. Rejects Tesla Buyer's Deceptive Ad Case
The Second Circuit on Friday rejected an appeal from a Tesla buyer who claimed he was misled about his car's self-driving capabilities, ruling that he'd waited too long to bring the proposed class action case.
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April 25, 2025
Mass. Data Broker Accused Of Flouting Colo. Privacy Law
A Massachusetts data broker is violating a Colorado law barring the inclusion of personal cellphone numbers in online directories without permission, a proposed class action alleges.
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April 24, 2025
Circuit-By-Circuit Guide As Justices Confront Class Cert. Split
The U.S. Supreme Court is set for climactic arguments over class certification standards that have cleaved circuits from coast to coast for much of the past two decades, teeing up a make-or-break ruling for many class actions and a transformative event for legal practice in the swelling litigation realm.
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April 24, 2025
Rising Gold Prices Should Nix $3M SEC Deal, Ex-Exec Says
A former executive of a company that solicited investments in gold and silver coins has pushed back on the U.S. Securities and Exchange Commission's efforts to collect on a $3 million settlement he struck with the agency, telling a federal judge the deal should be vacated because prices for precious metals have recently "skyrocketed."
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April 24, 2025
House Panel 'Committed' To Passing Privacy Law, Staffer Says
A House Energy and Commerce Committee staff member had a message Thursday for those wondering if Congress would finally overcome the hurdles that have long stymied efforts to enact a federal comprehensive consumer data privacy law: "This time is different."
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April 24, 2025
Trump Pardons Politician Convicted Of Statue Funding Fraud
President Donald Trump has issued a "full and unconditional pardon" to a former Las Vegas city council member and ex-state assemblyperson who was convicted of stealing $70,000 in funds she said would be used to honor two police officers killed on duty, according to a filing Thursday in Nevada federal court.
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April 24, 2025
State Privacy Enforcers Push For Stronger Corporate Dialogue
Regulators responsible for data privacy enforcement in California, Colorado and Oregon are calling on companies to be more responsive and open to investigative inquiries, saying this approach could help achieve better outcomes as these offices move to bring on additional technology experts and fortify collaboration with each other.
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April 24, 2025
Google Case Judge Weighs Rivals' Data Needs Against Privacy
The D.C. federal judge weighing whether to break off the Chrome browser and force Google to share data with search engine rivals zeroed in Thursday on the balancing act between propping up other competitors and protecting the search data the Justice Department says they need to compete effectively.
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April 24, 2025
Long Island Man Gets 18 Years For Father-Son Crypto Scam
A Long Island man convicted of cheating investors out of millions of dollars by falsely promising to serve as a broker for crypto sales while pocketing the funds was sentenced to 18 years in prison on Thursday.
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April 24, 2025
Trump's Regulatory Thaw On Crypto Reaches Federal Reserve
The Federal Reserve on Thursday scrapped guidance that had instructed banks to consult with it before taking up cryptocurrencies, marking the latest step in a broader push to ease regulatory friction for digital assets under President Donald Trump's administration.
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April 24, 2025
Funds Manager Raided Coffers Before Ouster, Court Told
A Texas appeals court on Thursday questioned whether multiple commercial real estate funds had taken a vote before ousting a former manager accused of helping himself to company accounts, asking during oral arguments if the funds had followed correct procedures.
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April 24, 2025
Ill. Judge Won't Reduce Claims In Defective Smoker Suit
Grill manufacturer Char-Broil LLC can't escape claims it sold an electric smoker that shocked its users and didn't work correctly even after a recall, a Chicago federal judge ruled on Thursday, rejecting arguments that the buyers' fight is actually with the Consumer Product Safety Commission.
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April 24, 2025
Biz Court Questions What Ties TikTok To NC In Addiction Case
A North Carolina business judge grappled Thursday with the limits of personal jurisdiction in the internet age in the state's case alleging TikTok addicts young users, questioning whether a digital app is different from a physical good regarding where a lawsuit can be filed.
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April 24, 2025
Automaker Group Sues Wash. Over New Biz Licensing Regs
An auto industry trade group is urging a federal judge in Washington state to strike down recent changes to state business licensing regulations, saying the amendments put manufacturers at risk of penalties for following longstanding federal law on vehicle windshield labels.
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April 24, 2025
FDIC's Hill Faces Dems' Questions Over DOGE Access, Job Cuts
U.S. Sen. Elizabeth Warren and other Democrats called Thursday for the Federal Deposit Insurance Corp. to provide details about the presence of Elon Musk's Department of Government Efficiency at the agency, citing concerns the regulator could be weakened as it looks to reduce its headcount by roughly 1,250 staffers.
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April 24, 2025
Bankers Push FCC For Caller ID To Combat Fraud
The American Bankers Association has urged the Federal Communications Commission to move forward on a plan to reduce bank-impersonating phone calls by ensuring certain voice service providers implement a new caller identification authentication process within two years.
Expert Analysis
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Avoiding Compliance Risks Under Calif. Recycling Label Law
CalRecycle's recently published final findings on California's S.B. 343 — determining which products and packaging materials are eligible to use the "chasing arrows" recyclability symbol — offer key guidance that businesses operating in the state must heed to avert the risk of penalties or litigation, says Christopher Smith at Greenspoon Marder.
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FDIC Unlocks A Door To Banks' Potential Crypto Future
The Federal Deposit Insurance Corp.'s recent crypto guidance broadens the scope of permissible activities for banks to an unprecedented level, although most institutions are unlikely to initiate or expand such practices in the immediate future, says Amanda Kowalski at Barley Snyder.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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Tracking FTC Labor Task Force's Focus On Worker Protection
The Federal Trade Commission recently directed its bureaus to form a joint labor task force, shifting the agency's focus toward protecting consumers in their role as workers, but case selection and resource allocation will ultimately reveal how significant labor markets will be in the FTC's agenda, say attorneys at Venable.
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Opinion
It's Time To Reform Mass Arbitration
A number of recent lawsuits demonstrate how problematic practices in mass arbitration can undermine its ability to function as a tool for fair and efficient dispute resolution — so reforms including early case filtering, stronger verification requirements and new fee structures are needed to restore the arbitration system's integrity, says Kennen Hagen at FedArb.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Aviation Watch: New FAA Chief Will Face Strong Headwinds
Once confirmed, Bryan Bedford, President Donald Trump's nominee to head the Federal Aviation Administration, will face steep challenges — including a shortage of air traffic controllers, a recent spate of high-profile crashes, and the difficulty of working within an administration intent on cutting staffing and funding, says Alan Hoffman, a retired attorney and aviation expert.
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Notable Q1 Updates In Insurance Class Actions
The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.
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The SEC's Administrative Law Courts Are At A Crossroads
The U.S. Department of Justice's recent departure from its prior defense of the U.S. Securities and Exchange Commission's administrative law judges' legitimacy moves the forum deeper into a constitutional limbo that likely requires congressional action, says Dean Conway at Carlton Fields.
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SEC's Noteworthy Stablecoin Guidance Comes With Caveats
The U.S. Securities and Exchange Commission recently issued a statement concluding that a narrow class of stablecoins doesn't involve the offer or sale of securities — a significant step forward in recognizing that not all crypto-assets are created equal, though there remains a pressing need for broader regulatory clarity, say attorneys at A&O Shearman.
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Electronic Shelf Labels Pose Myriad Risks For Retailers
While electronic shelf labels offer retailers a new way to convey pricing and other product information to consumers, the technology has attracted the attention of U.S. policymakers and consumer advocates, so businesses must assess antitrust, data privacy and discrimination risks before implementation, say attorneys at Baker McKenzie.
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Perspectives
The Benefits Of Aligning States On Legal Paraprofessionals
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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What Greenwashing Looks Like, And How To Navigate Claims
Recent cases show that consumers seeking to challenge sustainability claims as greenwashing face significant legal hurdles, and that companies can avoid liability by emphasizing context, says Felicia Boyd at Norton Rose.
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AI Use In Class Actions Comes With Risks And Rewards
The use of artificial intelligence in class actions holds promise for helping to analyze complex evidence, but attorneys and experts must understand how to use it correctly, and how to explain it clearly, say Simone Jones and Eric Mattson at Sidley and Anna Shakotko at Cornerstone Research.