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Consumer Protection
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March 18, 2025
Split 7th Circ. Says Texts For Free Services Don't Violate TCPA
A divided Seventh Circuit panel on Monday refused to revive a putative Telephone Consumer Protection Act class action over a company's texts and calls offering free nutritional services through the lead plaintiff's state and Medicaid funded healthcare plan, finding the messages weren't telephone solicitations because he wasn't being encouraged to purchase anything.
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March 18, 2025
FCC Dem Starks To Step Down This Spring
The longest-serving Democrat on the Federal Communications Commission, Geoffrey Starks, said Tuesday he will resign the post sometime this spring.
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March 18, 2025
Trump Fires FTC's Democrats, But Both Vow To Fight
President Donald Trump fired the Federal Trade Commission's two Democrats on Tuesday, a move the commissioners vowed to fight and that further tees up the brewing legal battle over separation between the White House and independent agencies.
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March 18, 2025
Amazon Denied Quick Appeal For E-Book Antitrust Claims
A New York federal court denied Amazon's request to immediately appeal a district court's refusal to toss a proposed class action accusing it of monopolizing the e-book market, saying the e-commerce giant just disagrees with the decision.
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March 18, 2025
States Oppose Term In Sandoz Price-Fixing Deal With Fla.
State enforcers still locked in price-fixing litigation against generic-drug maker Sandoz are raising objections to a cap on what they could win through settlements in Florida's recent agreement with the company, telling the Connecticut federal judge weighing approval that it would block or delay potential settlements of their own.
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March 18, 2025
BetterHelp Demands Insurer Assist In $7.8M FTC Payment
Online counseling company BetterHelp told a California federal court that its insurer must cover a $7.8 million Federal Trade Commission payment and must defend it in underlying litigation brought by consumers who claim the company violated laws via its collection, use and disclosure of private health information.
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March 18, 2025
Illinois Asbestos Injury Firm Escapes 'Fraud Playbook' Suit
A Chicago federal judge on Tuesday tossed a racketeering suit an industrial pipe company brought against a "prolific" Illinois asbestos litigation law firm, finding that the pipe company failed to adequately plead that the law firm formed an "enterprise" with various clients, witnesses, co-counsel and staff.
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March 18, 2025
Savannah Wants 3M PFAS Pollution Suit Back In State Court
Savannah's lawsuit against 3M Inc. and others over the "forever chemical" contamination of its drinking water should remain in Georgia state court, the city argued in an emergency bid, saying the company wants to push the municipality into a "judicial purgatory."
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March 18, 2025
NC Dance Teams' TM Feud Likened To MLB Rivalry At 4th Circ.
An attorney for a North Carolina charter school on Tuesday used one of the biggest rivalries in Major League Baseball to illustrate for the Fourth Circuit how two former teachers stole its alleged dance team trademark and used pictures of the school's team to trick parents.
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March 18, 2025
Bank Groups Push For Permanent Block On Ill. Swipe Fee Law
Banking industry groups moved late Monday to deliver a final blow to an Illinois state law that bans swipe fees on tax and tip portions of payment card transactions, asking a Chicago federal judge to go ahead and finish off the ban before it takes effect this summer.
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March 18, 2025
Bar Examinee Defends $2M ExamSoft Software Crash Suit
A former paralegal and would-be attorney has asked a federal judge to keep alive her software crash suit against ExamSoft, arguing that both the popular software company and the Connecticut Bar Examining Committee violated the Americans with Disabilities Act by not giving her extra time under an approved accommodation when her computer crashed during a remote COVID-era test.
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March 18, 2025
Greenberg Traurig Boosts Litigation Team With 4 Denver Attys
A team of four litigators have joined Greenberg Traurig LLP's growing Denver office, including a shareholder who was tapped to lead the office's litigation practice.
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March 17, 2025
Meta Facing Investor Suit Over €1.2B EU Data Privacy Fine
A pair of pension funds on Monday filed suit against Meta Platforms Inc. in Delaware's Court of Chancery, accusing the company of repeatedly violating data privacy laws, a pattern that the funds say led to the company being fined €1.2 billion ($1.3 billion) by European authorities.
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March 17, 2025
Yeti Escapes Suit Over Third-Party Info Sharing
A California federal judge has freed Yeti from a woman's proposed class action accusing the cooler and drinkware company of disclosing people's personal and financial information to a payment processor without consent, saying the woman's now twice-amended complaint didn't fix problems the court had previously highlighted.
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March 17, 2025
Poppi Buyers Ink $8.9M Deal Over 'Gut Healthy' Soda Claims
A group of Poppi-brand soda consumers asked a California federal judge Friday to greenlight an $8.9 million proposed settlement that would resolve consolidated false advertising claims alleging the beverage company misleadingly touted its products as "prebiotics for a healthy gut."
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March 17, 2025
Kroger Shakes Calif. Suit Over Interception Of Website Chats
A California federal judge has refused to hold The Kroger Co. liable for a third party's allegedly unlawful eavesdropping on Kroger website users' chats, in a ruling that the grocery chain's counsel predicted could have a "wide impact" on the crush of state wiretapping litigation currently flooding the courts.
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March 17, 2025
OCC Green-Lights SmartBiz, Centrust Fintech Bank
The Office of the Comptroller of the Currency announced Monday it has given the green light for SmartBiz Loans to roll its new acquisition, CenTrust Bank NA, into a financial technology company called SmartBiz Bank NA.
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March 17, 2025
Jonny Pops Can't Stop Rival's Suit Over '100% Real Fruit' Label
A Texas federal judge refused to discard GoodPop's false advertising suit alleging Jonny Pops copied its popsicles and misleadingly labeled them as being made with "100% real fruit" and "simple ingredients" despite containing an unhealthy amount of added sugar, ruling Jonny Pops's statements, accompanied by images of fruit, could mislead consumers.
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March 17, 2025
DOJ Dismisses BitClout Crypto Fraud Case, Court Filings Say
Federal prosecutors have dropped their fraud case against the founder of crypto project BitClout accused of ripping off a venture capital firm, while the U.S. Securities and Exchange Commission is engaged in talks about a possible end to its own civil action against him, court documents show.
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March 17, 2025
Gogo Says Rival Pivoted From Competing To Suing
In-flight entertainment company Gogo Business Aviation wants out of a $1 billion lawsuit accusing it of wielding its monopoly over air-to-ground broadband tech to keep competitors at bay, telling the court that SmartSky is just trying to convert their intellectual property dispute into an antitrust one.
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March 17, 2025
Fox Mischaracterizes Philly License Controversy, Critics Say
A public interest group has urged the Federal Communications Commission to restore an inquiry into whether Fox TV's Philadelphia station should have been denied a broadcast license renewal for airing election falsehoods in 2020 from Fox's cable news channel.
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March 17, 2025
Wells Fargo Says OCC Has Closed Home Loan Consent Order
Wells Fargo & Co. on Monday said the Office of the Comptroller of the Currency has closed a consent order related to its home lending business, marking the eleventh consent order against the bank that regulators have closed in recent years and another step forward in its regulatory rehabilitation efforts.
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March 17, 2025
Ford Seeks New Trial After $2.5B Ga. Rollover Verdict
Ford Motor Co. has asked a Georgia federal judge for a new trial after being hit with a $2.5 billion punitive damages verdict last month in a fatal Super Duty truck rollover trial, claiming jurors improperly learned about a prior, now-scrapped $1.7 billion verdict against the company over a similar accident.
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March 17, 2025
4th Circ. Revives Tenant's FCRA Suit Over Disputed Debt
The Fourth Circuit has revived a tenant's lawsuit over an allegedly bogus charge from her landlord, ruling that collection agencies are not exempt from their obligation to investigate Fair Credit Reporting Act claims if they involve a legal dispute.
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March 17, 2025
Toyota Seeks Exit From Investors' Emission Tests Fraud Suit
Toyota Motor Corp. has asked a California federal judge to dump a proposed class action alleging it deceived investors by failing to thoroughly investigate reports of falsified vehicle certification data, saying the plaintiffs have twisted executives' public statements to inflate their securities fraud claims.
Expert Analysis
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What To Expect From Federal Cybersecurity Policy In 2025
There are 12 cyber policy questions to keep an eye on as the new administration and Republican control of Congress present an opportunity to advance less regulatory approaches and revisit some choices from the prior administration, say attorneys at Wiley.
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Series
Illinois Banking Brief: All The Notable Legal Updates In Q4
While the last quarter of 2024 didn't bring any notable state financial legislation, Illinois banks did see developments in the challenge to the Interchange Fee Prohibition Act, and received some awaited guidance on credit line disclosures and bank-fintech relationships, say attorneys at Dykema.
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Defense Strategies For Addressing Conspiracy-Minded Jurors
As conspiracy theories continue to proliferate and gain traction in the U.S., defense attorneys will need to consider ways to keep conspiracy-minded jurors from sitting on the jury, and to persuade them when this isn’t possible, say consultants at IMS Legal Strategies.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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Trump, Tariffs And Tech: The Right To Repair In 2025
The "right-to-repair" movement has helped make it easier for independent repair shops and consumers to repair their devices and vehicles — but President-elect Donald Trump's complicated relationship with Big Tech, and his advocacy for increased tariffs, make the immediate future of the movement uncertain, say attorneys at Carter Ledyard.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Opinion
Section 230 Debates Will Continue, With Or Without TikTok
Regardless of whether TikTok is forced to shut down in the U.S. in the coming weeks, legal disputes will continue over social media platforms' responsibility under Section 230 of the Communications Decency Act for harms allegedly caused by content shared on their apps, says Carla Varriale-Barker at Segal McCambridge.
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Takeaways From DOJ, FTC End To Collaboration Guidelines
The Federal Trade Commission's and U.S. Department of Justice's recent decision to withdraw the guidelines for collaborations among competitors may reflect a desire for clearer parameters by emphasizing case law on specific ventures, but it also carries the potential to chill some future collaboration, say attorneys at Patterson Belknap.
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5 Privacy Law Trends That Will Continue In 2025
While preparing privacy programs for the year, companies should keep in mind several developments from 2024 that will carry over — namely, in the realm of artificial intelligence, passive data collection, combining data from multiple sources, privacy program expectations and managing vendors, say attorneys at Sheppard Mullin.
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When Judging Product Label Claims, Follow The Asterisk
A recurring question in false advertising class actions is whether misleading or ambiguous statements on a product's front label can be cured by information on the back label — but recent decisions from the Ninth Circuit suggest that a front-label asterisk can help alert consumers to seek further clarification, say attorneys at Hunton.
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Complying With Seasonal Product Labeling Requirements
Though the holiday season is in the rearview, many seasonal alcohol products remain in the market, and producers should ensure that their labels comply with the Alcohol and Tobacco Tax and Trade Bureau's additional requirements for such products, say attorneys at McDermott.
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Series
NY Banking Brief: All The Notable Legal Updates In Q4
In 2024's final quarter, the New York State Department of Financial Services published guidance on mitigating the rising cybersecurity risks of artificial intelligence and remote technology workers with North Korean ties, and the state attorney general launched an antitrust investigation into Capital One's proposed Discover merger, say attorneys at Haynes Boone.
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How Trial Attys Can Wield Amended Federal Evidence Rules
Trial lawyers should assess recent amendments to four Federal Rules of Evidence and a newly enacted rule on illustrative aids to determine how to best use the rules to enhance pretrial discovery and trial strategy, says Stewart Edelstein, former litigation chair at Cohen & Wolf.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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5 Drug And Device Developments That Shaped 2024
The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.