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Consumer Protection
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April 11, 2025
CFPB Cuts Loose Comerica Suit After Missing Filing Deadline
The Consumer Financial Protection Bureau on Friday dismissed at least for now its suit against Comerica Bank in Texas federal court that accused the bank of mismanaging a government benefit card program after missing a filing deadline and losing out on a bid to have the action stayed.
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April 11, 2025
Coinbase 'Mining Pools' Scam Case Heads To Arbitration
Cryptocurrency exchange Coinbase and its subsidiary Toshi Holdings Ltd. are moving ahead with arbitration of a Virginia man's claims that he saw $50,000 drained from his Coinbase wallet by means of a "malicious smart contract" that appeared to be a liquidity mining pool.
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April 11, 2025
Greystar Says Colo. Tenants 'Manufactured' Consolidation Bid
Greystar told a Colorado panel Friday that tenants seeking to consolidate four putative class actions alleging the property management company charged deceptive fees "manufactured the multidistrict nature" of the litigation, arguing the suits were filed by the same attorneys who could have picked one venue in the first place.
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April 11, 2025
9th Circ. Won't Renew Wash. DACA Recipient's Loan Bias Suit
The Ninth Circuit declined on Friday to revive a woman's discrimination suit against a Washington credit union, saying she cannot show she was refused a car loan because of her status as a Deferred Action for Childhood Arrivals program recipient.
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April 11, 2025
FTC Democrat Members Seek Quick Win In Trump Firing Suit
Recently fired Federal Trade Commission Democrat members Rebecca Kelly Slaughter and Alvaro M. Bedoya on Friday asked a D.C. federal court for an expedited summary judgment ruling in their case challenging their removals, arguing that President Donald Trump's attempted firings run afoul of decades-old precedent and the FTC Act.
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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."
Expert Analysis
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Drug Pricing Policy Trends To Expect In 2025 And Beyond
Though 2025 may bring more of the same in the realm of drug pricing policy, business as usual entails a sustained, high level of legal and policy developments across at least six major areas, say attorneys at Ropes & Gray.
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The Tides Are Changing For Fair Access Banking Laws
The landscape of fair access banking laws, which seek to prevent banks from denying services based on individuals' ideological beliefs, has shifted in the last few years, but a new presidential administration provides renewed momentum for advancing such legislation against the backdrop of state efforts, say attorneys at Latham.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Opinion
How Congress Can Stem Consumer Finance Law Uncertainty
In the face of rising uncertainty about consumer finance laws that are based largely on fluctuating administrative rules, Congress should cement certain existing laws into statute and clarify federal agencies' delegations of authority, say attorneys at Bradley Arant.
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Why Trump's FTC May Not U-Turn On Robinson-Patman
The Federal Trade Commission's recent revival of Robinson-Patman Act enforcement may well be here to stay under the Trump administration — albeit with some important caveats for businesses caught in the government's crosshairs, say attorneys at Reed Smith.
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Opinion
Courts Should Nix Conferencing Rule In 1 Discovery Scenario
Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.
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4 Keys To Litigating In An Active Regulatory Environment
For companies facing litigation influenced by government regulatory action — a recent trend that a politically charged atmosphere will exacerbate — there are a few principles that can help to align litigation strategy with broader public positioning in the regulatory and oversight context, say attorneys at Jenner & Block.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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A Look At Shifting Legal Landscape For Data Brokers
An increasingly complex legal landscape at both the federal and state levels has expanded the types of businesses classified as data brokers, so consumer-facing businesses should consider their designations under these new regulations and any consequences for compliance and business operations, say attorneys at Morrison Foerster.
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Understanding Risks Of Celebrities 'Hawking' Crypto Tokens
Prominent social media personality Haliey Welch was recently sued over the promotion and sale of the Hawk Tuah cryptocurrency memecoin, underscoring the importance of public figures conducting due diligence to verify they aren't endorsing a token that is in fact a security, say attorneys at Sheppard Mullin.
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State AG Enforcement Is Poised For Another Pivot In 2025
Backed by a Republican-controlled U.S. House of Representatives and Senate, the Trump administration intends to make substantial policy changes, and attorneys general of both parties around the country are preparing their response playbooks, say attorneys at WilmerHale.
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The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.
The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.
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Del. Dispatch: Lessons From Failed Albertsons-Kroger Merger
The allegations in Albertsons' lawsuit against Kroger following the grocery stores' blocked merger demonstrate how a target company can best ensure that a buyer timely and effectively complies with its obligations to pursue the necessary regulatory approvals for a deal, say attorneys at Fried Frank.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.