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Consumer Protection
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March 27, 2025
Chase Sued Over Alleged Political 'Debanking' Of Fla. Biz
A Florida company alleged in a suit on Thursday that JPMorgan Chase Bank is unlawfully blocking payments the company is trying to make to a manufacturer based on "wholly unsubstantiated and false" claims that the company's leader has Russian mafia ties and participated in interference of the 2016 presidential election.
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March 27, 2025
Pulled CFPB Amicus 'Irrelevant' To Citibank Case, NY AG Says
The Consumer Financial Protection Bureau's move to withdraw a Biden-era brief backing New York Attorney General Letitia James' lawsuit over Citibank NA's handling of online wire fraud is "irrelevant to any matter currently pending before this court," James' office told a federal court Thursday.
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March 27, 2025
Tesla Faces Fraud Claims Over Fatal Autopilot Crash
A California state judge said Thursday that fraudulent misrepresentation claims and punitive damages claims can go ahead against Tesla Inc. in a case over an accident that killed a 15-year-old, since they were not filed too late.
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March 27, 2025
'Success By Health' Execs Fight $7.3M FTC Win At 9th Circ.
Executives behind the alleged "Success By Health" pyramid scheme urged the Ninth Circuit on Thursday to reverse a $7.3 million compensatory sanction and asset-freeze injunction, arguing the sanction wasn't tied to actual loss and the lower court shouldn't have frozen assets following the high court's 2021 AMG v. FTC ruling.
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March 27, 2025
Vaping Interests Take Challenge To FDA Rule To 5th Circ.
A coalition of vaping interests challenging the U.S. Food and Drug Administration's marketing and recordkeeping regulations has taken the dispute to the Fifth Circuit after a lower district judge tossed the lawsuit, which claimed many in the industry were prohibited from seeking FDA approval for multiple products at once because of the high cost of applying.
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March 27, 2025
Fintech Group Reups Bid to Defend CFPB Open Banking Rule
A fintech trade group has renewed its request to defend the Consumer Financial Protection Bureau's open banking rule from a challenge launched by a group of banks after the parties in the suit agreed to pause the suit to give the CFPB's new leadership time to review what it wants to do with the Biden-era measure.
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March 27, 2025
9th Circ. Revives Monsanto Roundup Expiration Label Fight
Consumers can pursue their proposed class claims against Monsanto that ingredients in its Roundup herbicides could form a dangerous cancer-causing substance, but not against a distributor, the Ninth Circuit ruled Thursday.
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March 27, 2025
Shade Store Customers Seek Class Cert. In Deceptive Ad Suit
A pair of Washington residents are seeking to certify a class of thousands of consumers in a case alleging The Shade Store violated Washington's consumer protection law with fake buy-now ads.
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March 27, 2025
DC Judge Seems Open To Fired Inspectors' Reinstatement Bid
A D.C. federal judge on Thursday questioned whether it would make practical sense to reinstate eight inspectors general fired by President Donald Trump while signaling openness to the federal watchdogs' argument that the president must follow the legally mandated process before they can be terminated.
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March 27, 2025
Fertility Co. Wants To Pull Device Maker Into Negligence Suit
A fertility products company wants two other companies to share potential liability from a Connecticut state lawsuit alleging that a recalled culture medium was responsible for the loss of embryos a couple were planning to use for in vitro fertilization.
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March 27, 2025
Texas Judge 'Disturbed' By Filings In Weight Loss Drug Case
A Texas federal judge had stern words for a group of compounding pharmacies while refusing to allow them to manufacture Eli Lilly's lucrative weight loss drug, saying he was "increasingly exasperated" with the pharmacies' attempts to dictate how he manages the case.
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March 27, 2025
Chamber Asks Justices To Review Duke Energy Monopoly Suit
The U.S. Chamber of Commerce urged the U.S. Supreme Court on Thursday to review a decision that revived a case accusing Duke Energy of squeezing a rival out of the market in North Carolina, saying the appeals court was wrong to recognize a "Frankenstein's monster" theory of harm.
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March 27, 2025
Fla. Judge OKs FTC To Unfreeze Assets In E-Commerce Suit
A Florida federal judge authorized the Federal Trade Commission to unfreeze bank accounts controlled by an Ohio man accused of defrauding e-commerce platform users out of $14 million provided he gives certain financial disclosures, but kept a temporary restraining order precluding business operations in place for now.
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March 27, 2025
FTC Reaches $17M Settlement With Online Cash Advance Co.
The Federal Trade Commission settled its false advertisement suit in New York federal court against online cash advance company Cleo AI Inc. for $17 million, according to a proposed settlement order posted on the FTC's website Thursday.
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March 27, 2025
Umpqua Bank Strikes Deal With Investors In $300M Ponzi Suit
Umpqua Bank and a class of investors on Thursday informed a California federal judge they've reached a settlement to resolve claims the bank helped execute an alleged $300 million Ponzi scheme led by a since-deceased real estate investment manager.
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March 27, 2025
Senate Panel Grills FAA, Army On DCA Midair Collision
U.S. Senate lawmakers on Thursday grilled the Federal Aviation Administration and U.S. Army over miscommunication and policy lapses as thousands of near-misses between commercial jets and helicopters near Ronald Reagan Washington National Airport were documented well before January's devastating midair collision that left 67 people dead.
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March 27, 2025
Google, Apple Staff Want Out Of Testifying In FTC-Meta Case
Current and former employees of Google, Apple, TikTok, X Corp., Snap and Epic Games asked a D.C. federal judge Wednesday to quash subpoenas seeking their live testimony in the Federal Trade Commission's upcoming antitrust trial against Meta Platforms, arguing their taped depositions make the burden of testifying unnecessary.
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March 27, 2025
FCC Ready To Explore Earth-Based Backstop For GPS
The Federal Communications Commission on Thursday started looking into methods of backing up the satellite-based Global Positioning System, which national security experts say is vulnerable to foreign attacks and signal interference in space.
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March 27, 2025
Nu Skin Can't Avoid Distributor Dispute In Wash. Court
The Washington Supreme Court said Thursday that Nu Skin Enterprises Inc. can't jettison a case in Washington state court and force product distributors to go to Utah to settle claims that the multilevel marketing company violated a Washington law against pyramid schemes, in a question that had split lower appellate courts.
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March 27, 2025
AIG Drops Water Damage Suit Against NFL Player's Contractor
An insurer who sued the contractor and plumbers who worked on the home of NFL player Darius Slay for more than $300,000 in water damage dropped the suit Thursday, after the companies never responded to it.
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March 27, 2025
Mich. Panel Sets Liability Precedent For Sports Facilities, Refs
In what it called a precedent-setting decision for the state, a Michigan appellate court has ruled that neither a facility hosting a sporting event nor a person officiating that event has a duty to protect participants from negligence or recklessness.
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March 27, 2025
FINRA Improperly Acts As Government Agency, 6th Circ. Told
The owner of a consulting company has urged the Sixth Circuit to overturn a decision by the U.S. Securities and Exchange Commission affirming sanctions imposed by the Financial Industry Regulatory Authority for alleged securities fraud, arguing that FINRA never had jurisdiction over him.
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March 27, 2025
Eli Lilly Says Michigan AG's Insulin Pricing Probe Is Baseless
Michigan Attorney General Dana Nessel's case for investigating Eli Lilly's insulin prices is based on fundamentally flawed premises, such as comparing what consumers pay in Michigan to Canada, the drugmaker has told the Michigan Supreme Court in a new brief.
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March 27, 2025
Costco Settles Listeria-Contaminated Chicken Wrap Claims
Costco Wholesale Corp. has settled a putative class action brought by a Florida man who claimed he ate a chicken wrap contaminated with listeria from one of its stores and had to be hospitalized.
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March 27, 2025
Apple Says Its Affidavits Are Admissible In Google Case
After an unsuccessful bid to intervene in the remedies phase of the Justice Department's antitrust case against Google, Apple is urging a D.C. federal judge to consider its affidavits from company executives as the court weighs the proper fix for Google's search monopoly.
Expert Analysis
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5 Major Crypto Developments From The Trump Admin So Far
The early weeks of the Trump administration have set the stage for a significant transformation in U.S. digital asset policy by prioritizing regulatory clarity, innovation and a shift away from enforcement-heavy tactics, but many of these changes will require congressional support and progress may be gradual, say attorneys at Ropes & Gray.
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Compliance Pointers For DOJ's Sweeping Data Security Rule
A new Justice Department rule broadly restricts many common data transactions with the goal of preventing access by countries of concern, and with an effective date of April 8, U.S. companies must quickly assess practices related to employee, customer and vendor data, says Sam Castic at Hintze Law.
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Class Actions At The Circuit Courts: February Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal appellate court class certification decisions and identifies practice tips from cases involving breach of life insurance contracts, constitutional violations of inmates and more.
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What To Expect From The New FCC Chair
As a vocal critic of the Federal Communications Commission's recent priorities, newly appointed chair Brendan Carr has described a vision for the agency that would bring significant changes to telecommunication regulation and Telephone Consumer Protection Act enforcement in the U.S., say attorneys at BCLP.
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Comparing 2 Pending Bills To Regulate Stablecoins
Alexandra Steinberg Barrage at Troutman analyzes the key similarities and differences between two payment stablecoin proposals currently pending in Congress — the STABLE and GENIUS acts — as both chambers are forming a working group to deliver a clear regulatory framework for digital assets and bipartisan agreement appears within reach.
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Citibank Wire Transfer Ruling Creates New Liability For Banks
A New York federal court's recent decision in New York v. Citibank, affirming the Electronic Fund Transfer Act's consumer protections cover wire transfers allegedly initiated by scammers who infiltrated Citibank customers' online accounts, creates new liability for sending financial institutions and upends decades-old regulatory guidance, say attorneys at Stinson.
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4 Do's And Don'ts For Trial Lawyers Using Generative AI
Trial attorneys who use artificial intelligence tools should review a few key reminders, from the likelihood that prompts are discoverable to the rapid evolution of court rules, to safeguard against embarrassing missteps, says Nate Sabri at Perkins Coie.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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11th Circ. TCPA Ruling Signals Erosion Of Judicial Deference
The U.S. Court of Appeals for the Eleventh Circuit recently came to the rescue of the lead generation industry, striking down new regulations that were set to go into effect on Jan. 27, a decision consistent with federal courts' recent willingness to review administrative decisions, say attorneys at Troutman.
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How Southern Calif. Fires Can Affect National, Local Pricing
The fire-related California state of emergency declared last month in Los Angeles and Ventura counties triggered laws around price-gouging and pricing restrictions that affect not just individuals and businesses in the state, but also nationwide, meaning sellers should be mindful of how price changes are discussed and rolled out, say attorneys at Proskauer.
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Inside The Uncertainty Surrounding CFPB's Overdraft Rule
The Consumer Financial Protection Bureau's overhaul of overdraft fee regulation hangs in limbo as the industry watches to see whether new leadership will repeal the rule, allow it to stay in place, or wait for congressional action or the courts to drive its demise, say attorneys at Alston & Bird.
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How Private Securities Suits Complement SEC Enforcement
U.S. Securities and Exchange Commission enforcement is vital to the healthy functioning of markets, but government enforcement alone is not enough to ensure meaningful monetary recoveries for investor losses due to securities law violations, say attorneys at Bernstein Litowitz.
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The Case For Compliance During The Trump Administration
Given the Trump administration’s shifting white collar enforcement priorities, C-suite executives may have the natural instinct to pare back compliance initiatives, but there are several good reasons for companies to at least stay the course on their compliance programs, if not enhance them, say attorneys at Riley Safer.
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Opinion
Despite Noble Intentions, Va. Usury Bill Is Bad For Consumers
A Virginia bill purportedly aimed at eradicating predatory online bank lending actually does nothing to achieve that goal, and instead would limit credit opportunities for state residents, says Catherine Brennan at Hudson Cook.
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Opinion
Undoing An American Ideal Of Fairness
President Donald Trump’s orders attacking birthright citizenship, civil rights education, and diversity, equity and inclusion programs threaten hard-won constitutional civil rights protections and decades of efforts to undo bias in the law — undermining what Chief Justice Earl Warren called "our American ideal of fairness," says Reuben Guttman at Guttman Buschner.