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Consumer Protection
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April 01, 2025
Ex-Biotech CEO Wrongly Sentenced To 7 Years, DC Circ. Told
A former biotech executive who pled guilty to misleading investors about a blood-based COVID-19 test urged the D.C. Circuit to order a redo of his seven-year prison sentence on Tuesday, telling an appeals panel that the trial court miscalculated the sentencing guidelines.
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April 01, 2025
Judge Tosses Hertz Investor's $126M Short-Swing Profits Suit
A New York federal judge has tossed, for good, a suit against the controlling shareholders of Hertz Global Holdings Inc. that claimed they realized at least $126 million in short-swing profits by selling their shares shortly before the car rental company's directors greenlighted a $2 billion stock repurchase program.
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April 01, 2025
Chamber, Trade Groups Back Insurer's Class Cert. Review Bid
The U.S. Chamber of Commerce and major insurance industry groups urged the U.S. Supreme Court to undo a Ninth Circuit decision allowing a class action to proceed against State Farm over its use of "negotiation adjustments" to calculate payouts for totaled vehicles.
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April 01, 2025
IBM And J&J Beat 'Speculative' Data Breach Suit, For Now
A New York federal judge has tossed with leave to amend a proposed class action alleging IBM and Johnson & Johnson's healthcare arm failed to safeguard sensitive health information of thousands of patients before a 2023 data breach, finding the purported harm is "entirely speculative" as currently alleged.
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April 01, 2025
Talc Claimants Tell 3rd Circ. Whittaker Couldn't File Ch. 11
Talc injury claimants on Tuesday asked the Third Circuit to dismiss Whittaker Clark & Daniels' Chapter 11 case, saying a South Carolina state judge had given control of the talc supplier to a receiver six weeks before the company filed for bankruptcy.
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April 01, 2025
House GOP Infighting Delays Push To Repeal 2 CFPB Rules
Plans for the U.S. House to vote on overturning two Biden-era Consumer Financial Protection Bureau rules were scuttled Tuesday by an unrelated fight among Republicans about whether to allow proxy voting for lawmakers with infant children.
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April 01, 2025
Prudential Beats Life Insurance Applicant's GIPA Suit
A Prudential life insurance applicant cannot pursue genetic information privacy claims after being required to undergo a physical exam and detail her family's medical history, as the state law she cites does not apply to life insurance underwriting, an Illinois federal judge said on Monday.
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April 01, 2025
Md. Credit Union Didn't Protect Sensitive Info, Customer Says
Lafayette Federal Credit Union was hit with a proposed class action from a customer in Maryland federal court alleging the credit union failed to protect customers' personal information from malicious actors in a September breach despite being aware it was at risk of an attack.
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March 31, 2025
DuPont Must Face NC Residents' PFAS Claims
A North Carolina federal judge partially granted homeowners' motions for judgment on their claims that a factory operated by DuPont contaminated their land with PFAS, but said Monday that determining damages would be up to a jury.
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March 31, 2025
Wells Fargo Sued Over Online Wire Fraud Protections
Wells Fargo has been hit in by a proposed class action California federal court accusing the bank of leaving its online and mobile banking customers exposed to costly losses from fraudulent wire transfers.
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March 31, 2025
Trump Admin Asks DC Circ. To Stay 'Lawless' CFPB Injunction
The Trump administration moved Monday to thwart a Washington, D.C., federal judge's preliminary injunction that bars it from stopping work and firing employees at the Consumer Financial Protection Bureau, asking the D.C. Circuit for an emergency stay.
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March 31, 2025
France Fines Apple €150M For App Tracking Policy
France's competition enforcer fined Apple €150 million ($162.3 million) on Monday for its rollout of a policy designed to give users more control of the data apps can track over concerns that it hindered small publishers and others that rely on data collection to finance their business.
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March 31, 2025
Driver Says Parking Garage Privacy Suit Can't Be Arbitrated
The lead plaintiff in a proposed class action claiming a nationwide operator of parking garages violates privacy laws with its use of video analytics to enforce phony parking fees is fighting the company's bid in Colorado federal court to force the dispute into arbitration.
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March 31, 2025
Insurer Beats Energy Cos.' Settlement Coverage Suit, For Now
A Texas federal court tossed a lawsuit from a group of energy companies accusing Berkley National Insurance Co. of favoring the settlement of one underlying wrongful death lawsuit over another unrelated injury lawsuit, finding the companies' complaint fails to allege they've incurred damages exceeding their policy limits.
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March 31, 2025
US DOT Taps Quinn Emanuel To Probe FAA Diversity Hiring
The U.S. Department of Transportation said Monday that it has hired Quinn Emanuel Urquhart & Sullivan LLP to investigate claims that the Federal Aviation Administration is continuing to prioritize diversity, equity and inclusion when hiring air traffic controllers in defiance of the Trump administration's sweeping anti-DEI policy.
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March 31, 2025
Primerica Can't Force Arbitration In $1.4M Theft Suit
Primerica cannot force two women who claim they were the victims of theft totaling $1.4 million to go to arbitration because they did not affirmatively sign an account agreement, a New Jersey appellate panel ruled Monday.
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March 31, 2025
Doc Loses Redo On Claims Hospital Lies Fueled Murder Case
A Michigan federal judge has dismissed a former Ohio physician's second attempt at suing the parent company of his ex-employer on allegations it fed prosecutors lies about his opioid prescribing practices that led to him being charged with 25 counts of murder, saying the lawsuit didn't fix the gaps left in the first case.
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March 31, 2025
Ford Escapes Calif. Driver's Cooling Pump Warranty Claims
A California federal judge said Ford can evade a proposed class action alleging it violated state law by keeping its cooling system pump out of California's emission control system warranty, saying a state regulator agreed the pump is not an emissions-related part.
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March 31, 2025
Agencies Shouldn't Hear PFAS Class Claims, Conn. Court Told
A Connecticut state judge should not dismiss most of a putative class action alleging that Aquarion Water Co. knowingly sold water contaminated with "forever chemicals" because the Eversource Energy unit is wrong that the claims should go before state regulators first, according to the plaintiffs.
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March 31, 2025
Wireless Cos. Warn Of Economic Losses In Call For Spectrum
The wireless industry is ramping up calls for Capitol Hill to allow more midband licensed spectrum, pointing to a new report showing that failure to clear more airwaves could cost the U.S. more than $1.4 trillion in economic growth over a decade.
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March 31, 2025
Low-Power TV Stations Seek Looser Rules For 5G Broadcast
Low-power TV broadcasters have asked the Federal Communications Commission to let them voluntarily transmit 5G broadcast signals and, in turn, ease requirements to carry programming channels.
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March 31, 2025
5th Circ. Judge Criticizes Texas AG's Use Of Document Law
A Fifth Circuit judge on Monday accused the Texas Attorney General's Office of trying to unfairly "play with litigants" under a statute that allows the office to examine business records.
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March 31, 2025
BankFinancial Sued Over Allegedly Improper Overdraft Fees
BankFinancial was hit with a proposed class action in Illinois state court alleging the bank improperly assesses and collects overdraft fees on debit card transactions authorized on sufficient funds and assesses multiple fees on a single transaction.
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March 31, 2025
Trader Joe's Scores Win In Chocolate Heavy Metals Case
Consumers alleging dark chocolate sold by Trader Joe's contains unsafe levels of lead and cadmium cannot pursue some of their state law claims because information about the presence of heavy metals in chocolate has been reasonably available to consumers for decades, a California federal judge ruled.
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March 31, 2025
FTC Chair Flags Data Risks In 23andMe Bankruptcy
The Federal Trade Commission has added to the swell of privacy and security concerns surrounding the potential sale of sensitive consumer information swept up in the 23andMe bankruptcy, with the agency's Republican chair on Monday stressing the importance of data continuing to be protected in the way that users have been promised.
Expert Analysis
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How To Create A Unique Jury Profile For Every Case
Instead of striking potential jurors based on broad stereotypes or gut feelings, trial attorneys should create case-specific risk profiles that address the political climate, the specific facts of the case and the venue in order to more precisely identify higher-risk jurors, says Ken Broda-Bahm at Persuasion Strategies.
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Why NY May Want To Reconsider Its LLC Transparency Law
Against the backdrop of the myriad challenges to the federal Corporate Transparency Act, it may be prudent for New York to reconsider its adoption of the LLC Transparency Act, since it's unclear whether the Empire State's "baby-CTA" statute is still necessary or was passed prematurely, say attorneys at Pillsbury.
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Expectations For SEC Exams As Private Credit Market Grows
The U.S. Securities and Exchange Commission may rely heavily on its Division of Examinations for regulating private credit markets amid their expansion into the retail investor space, so investment advisers should be prepared to address several likely areas of focus when confronted with an exam, say attorneys at Dechert.
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AG Watch: Texas Is Entering New Privacy Enforcement Era
The state of Texas' recent suit against Allstate is the culmination of a long-standing commitment to vigorously enforcing privacy laws in the state, and while still in the early stages, it offers several important insights for companies and privacy practitioners, says Paul Singer at Kelley Drye.
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Considerations As Trump Admin Continues To Curtail CFPB
Recent sweeping moves from the Consumer Financial Protection Bureau's new leadership have signaled a major shift in the agency's trajectory, and regulated entities should prepare for broader implications in both the near and long term, say attorneys at Pryor Cashman.
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6 Laws Transforming Calif.'s Health Regulatory Framework
Attorneys at Hooper Lundy discuss a number of new California laws that raise pressing issues for independent physicians and small practice groups, ranging from the use of artificial intelligence to wage standards for healthcare employees.
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Implications Of Kid Privacy Rule Revamp For Parents, Cos.
The Federal Trade Commission's recent amendments to the Children's Online Privacy Protection Act will expand protections for children online, meaning parents will have greater control over their children's data and tech companies must potentially change their current privacy practices — or risk noncompliance, say attorneys at Labaton Keller.
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2 Practical Ways For Banks To Battle Elder Financial Abuse
Federal regulators' recent statement raising awareness of elder financial exploitation provides a useful catalog of techniques that banks can employ to fight fraud, particularly encouraging older account holders to establish trusted contacts and sharing timely warnings about the latest scams with customers, say attorneys at Nutter.
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Examining Trump Meme Coin And SEC's Crypto Changes
While the previous U.S. Securities and Exchange Commission tended to view most crypto-assets as securities, the tide is rapidly changing, and hopefully the long-needed reevaluation of this regulatory framework is not tarnished by an arguable conflict of interest due to President Donald Trump's affiliation with the $Trump meme coin, say attorneys at Thompson Coburn.
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A Look At The Student Loan Case Pending At Supreme Court
The Trump administration is likely to drop the U.S. Supreme Court case of U.S. Department of Education v. Career Colleges and Schools of Texas after its review of the 2022 borrower defense to repayment rule, but any outcome will be significant for institutions participating in programs covered by Title IV of the Higher Education Act, say attorneys at Duane Morris.
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Recent Cases Suggest ESG Means 'Ever-Shifting Guidelines'
U.S. courts have recently handed down a number of contradictory decisions on important environmental, social and governance issues, adding to an already complex mix of conflicting political priorities, new laws and changing regulatory guidance — but there are steps that companies can take to minimize risk, say attorneys at Paul Hastings.
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New HSR Rules Augur A Deeper Antitrust Review By Agencies
After some initial uncertainty, the new Hart-Scott-Rodino Act rules did go into effect last month, and though their increased information requirements create greater initial burdens for merging parties, the rules should lead to greater certainty and predictability through a more efficient and effective review process, says Craig Malam at Edgeworth Economics.
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New Fla. Financial Abuse Law May See Limited Buy-In
Florida's newly effective financial protection law comes with compliance burdens and uncertainties that could discourage financial institutions from participating, even though the law aims to shield them from liability for delaying transactions when they suspect exploitation of elderly and vulnerable account holders, say attorneys at Shutts & Bowen.
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What To Know About Insurance Coverage For Greenwashing
As the number of public and private lawsuits relating to greenwashing dramatically grows, risk managers of companies making environmental claims should look to several types of insurance for coverage in the event of a suit, say attorneys at Hunton.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.