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Consumer Protection
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April 24, 2025
Ala. Ends Coinbase Enforcement Case As Feds Pursue Policy
The Alabama Securities Commission became the fifth state to drop its enforcement matter against crypto exchange Coinbase over its so-called staking business, but the agency's director told Law360 that it made sense for the agency to "table its litigation posture" as policymakers work to set rules of the road for crypto.
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April 24, 2025
FCC Dem Says 'Censorship' Focus Distracting From Mission
A Democrat on the Federal Communications Commission blasted the commision leadership's focus on investigating broadcasters for alleged news distortion, claiming on Thursday the efforts distract from the FCC's core mission.
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April 24, 2025
Texas House Passes AI Porn Site Age Verification Bill
The Texas House approved Thursday an update to the state's porn site age verification law that would apply to websites that have publicly available artificial intelligence tools.
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April 24, 2025
Administration Defends Right To Fire FTC Commissioners
The Trump administration has responded to a lawsuit challenging the recent firing of two Federal Trade Commission members, telling a D.C. federal court the president was exercising his constitutional authority to remove officials that help carry out his duties.
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April 24, 2025
4th Circ. Won't Rehear Health Data Access Order Challenge
The Fourth Circuit has declined an electronic medical records firm's request for the appellate court to rethink a panel's decision to dismiss its appeal of an order forcing the company to let a nursing data business access its patient information.
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April 24, 2025
Subscribers Lob Data-Sharing Suit At Baseball Media Co.
Baseball America Inc. customers have hit the company with a proposed class action in North Carolina federal court, alleging the sports publication illegally tracks their activity and shares the collected private data with third parties.
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April 23, 2025
Shaq Settles FTX Litigation Over Alleged Promotions
Shaquille O'Neal and FTX investors in multidistrict litigation over the cryptocurrency exchange's collapse announced a settlement Wednesday resolving allegations that the basketball icon promoted FTX, including through a partnership for his Shaq's Fun House music festival, despite red flags at the crypto company.
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April 23, 2025
CFPB Walks Away From Horizon Credit Card Suit
The Consumer Financial Protection Bureau on Wednesday dropped another Biden-era enforcement action, this time pulling the plug on a Pennsylvania federal court lawsuit over what the agency had previously alleged was a deceptive and abusive membership credit card program that took in tens of millions of dollars in consumer fees.
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April 23, 2025
Feds Seek At Least 6½ Years For Mango Markets Trader
A cryptocurrency trader convicted on claims he took $110 million out of shuttered decentralized finance platform Mango Markets should spend at least six and a half years in prison, federal prosecutors have argued, while the DeFi protocol itself asked that he pay $47 million in restitution.
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April 23, 2025
11th Circ. Considers Timeliness Of J&J Pelvic Mesh Claims
An Alabama couple urged the Eleventh Circuit on Wednesday to revive their lawsuit over injuries allegedly caused by pelvic mesh manufactured by Ethicon Inc. and its parent Johnson & Johnson, arguing that a district court wrongly found their claims were time-barred.
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April 23, 2025
Latest CFPB Layoffs Need Court's Scrutiny, DC Circ. Told
The National Treasury Employees Union has hit back at a Trump administration bid to resume mass layoffs of nearly all the Consumer Financial Protection Bureau's workforce, urging the D.C. Circuit to leave a federal judge's temporary restraining order in place.
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April 23, 2025
Perplexity AI 'Hit A Wall' Of Google Defaults, Exec Testifies
An executive for search engine startup Perplexity AI Inc. on Wednesday described Google LLC as a key impediment to competition for the future of artificial intelligence-powered search, in D.C. federal court testimony supporting U.S. Department of Justice efforts to forcibly open up smartphones now heavily connected to the search giant.
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April 23, 2025
Gaming Site Says Consumer's Suit Must Be Arbitrated
The Cypriot operator of online "social gaming platform" Stake.us is urging a California federal court to order a consumer to arbitrate his lawsuit looking to shut down the website on allegations it offers illegal gambling, saying the validity of an underlying contract should be left to an arbitrator.
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April 23, 2025
Firm Can't Fight Conn. Scam Suit Fee Rulings, Ex-Client Says
A Connecticut judge should not reconsider an award of attorney fees and interest against the law firm Mancini Provenzano & Futtner LLC because it already waived its arguments or brought them up in a pending appeal of a negligence judgment, a former client said this week.
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April 23, 2025
Oil Giants Lose Bid To Shake DC 'Greenwashing' Suit
A D.C. Superior Court judge has refused to throw out a D.C. lawsuit accusing BP, Chevron, Exxon Mobil and Shell of long misleading consumers about climate change and the central role that their fossil fuel products have played in causing it.
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April 23, 2025
Trump Admin Gives States More Time To Finalize BEAD Plans
The U.S. Department of Commerce branch in charge of disbursing $42.5 billion in broadband deployment aid gave states an extra 90 days to finalize their plans due to federal changes underway that could impact how states spend the money.
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April 23, 2025
Senate Panel To Vote On Trump FCC Nominee Next Week
The Senate Commerce Committee plans to vote on the nomination of Olivia Trusty to the Federal Communications Commission on April 30.
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April 23, 2025
UMich Says It's Immune From Ex-Coach Hacking Suits
The University of Michigan has said it is immune from claims brought by student athletes who allege the university failed to protect them from a former assistant football coach's alleged hacking of their sensitive information, encouraging a federal judge to reject the students' request for speedy discovery until a conference next month.
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April 23, 2025
Meta MDL Judge Doubts Insurers' Bid To Kick Fight To Del.
A California federal judge presiding over sprawling social media personal injury multidistrict litigation doubted on Wednesday insurers' arguments their multimillion-dollar coverage fight with Meta belongs in Delaware state court, questioning how moving the case would preserve judicial resources, while observing that Hartford's pre-litigation conduct may have been in bad faith.
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April 23, 2025
NC Justice Hammers Home Depot's Reading Of Sales Law
A North Carolina Supreme Court justice reminded Home Depot on Wednesday that it was arguing to "a lot of textualists" in a case about the state's ban on referral sales programs, with the justice suggesting the language in the law does not require a showing of inducement to prove harm.
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April 23, 2025
Pool Co. Wants Rival's CEO Arrested For Unpaid $17M Verdict
A U.S. pool parts supplier wants the owner of a rival Chinese business arrested after months of allegedly dodging court orders demanding information on company assets to satisfy a $17 million false advertising and deceptive business practices judgment.
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April 23, 2025
Texas Senate OKs Bill Granting Property Rights In AI Images
A bill that would block the use of an individual's voice or image in artificial intelligence without their consent has made its way through the Texas Senate, now advancing to the state's House of Representatives.
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April 23, 2025
Plastic Co. Asks 1st Circ. To Undo Class Cert In PFOA Suit
Saint-Gobain Performance Plastics Co. told the First Circuit that a New Hampshire federal judge's overly broad class certification for plaintiffs claiming it contaminated thousands of properties with a toxic forever chemical must be reversed, arguing that it opened courthouse doors to uninjured class members.
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April 23, 2025
Sandoz, Novartis Cut Price-Fixing Deal With South Carolina
Sandoz Inc. and Fougera Pharmaceuticals Inc. have struck a deal with the state of South Carolina to resolve claims that they and Sandoz's former parent company, Novartis AG, engaged in a price-fixing conspiracy to inflate the price of certain generic drugs.
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April 23, 2025
Citi Gets NY AG's Suit Paused For 2nd Circ. Review
Citibank can appeal a ruling in a lawsuit brought by the New York attorney general over the bank's response to incidents of online wire transfer fraud, with a federal judge saying that while he does not think the bank will prevail on appeal, its arguments "merit serious consideration."
Expert Analysis
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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.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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Considering The Future Of AI Regulation On Health Sector
As Texas looks to become the next state to pass a comprehensive law regulating artificial intelligence, the healthcare industry should consider how AI regulation will continue to evolve in the U.S. and how industry members can keep up with compliance considerations, say attorneys at Kirkland & Ellis.
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30 Years Later: How PSLRA Has Improved Securities Litigation
In the 30 years since the Private Securities Litigation Reform Act's passage, the statute has achieved its purpose of shifting securities class actions to investors most capable of monitoring the litigation, selecting competent counsel at competitive rates and maximizing recoveries for the investor classes they represent, say attorneys at Bernstein Litowitz.
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Managing Anti-Corporate Juror Views Revealed By CEO Killing
After the shooting of UnitedHealthcare CEO Brian Thompson laid bare deep-seated anti-corporate sentiments among the public, companies in numerous industries will have to navigate the influence of related juror biases on litigation dynamics, say Jorge Monroy and Keith Pounds at IMS Legal Strategies.
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How Banks Can Prepare For NYDFS Overdraft Overhaul
The New York State Department of Financial Services' recent proposal to amend overdraft rules for financial institutions underscores states' potential to create consumer protection mechanisms in the absence of meaningful federal action, say attorneys at Steptoe.
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Terraform Case May Be Bellwether For Crypto Enforcement
The prosecution of crypto company Terraform Labs and its CEO, Do Kwon, offers a unique test of the line between lawful and unlawful conduct in digital transactions, and the Trump administration’s posture toward the case will provide clues about its cryptocurrency enforcement agenda in the years to come, say attorneys at Brooks Pierce.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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What's At Stake In High Court's Class Member Standing Case
The U.S. Supreme Court’s eventual decision in Labcorp v. Davis could significantly alter how parties prosecute and defend class actions in federal court, particularly if the court determines some proof of member standing is required before a class may be certified, say attorneys at Reed Smith.
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Texas Fraud Case Shows Dangers Of Faulty Crypto Reporting
The recent sentencing of a man who failed to properly report capital gains from bitcoin sales is a reminder that special attention must be given to the IRS' reporting requirements in order to stay out of the government's crosshairs, says Saverio Romeo at Fox Rothschild.