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Consumer Protection
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August 15, 2025
Texas AG Opens Investigation Into Xcel Over Panhandle Fires
Texas Attorney General Ken Paxton said he's investigating whether Xcel Energy and a contractor broke any laws in connection with devastating fires in the Texas Panhandle last year, questioning whether they put environmental or diversity goals ahead of safety.
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August 15, 2025
9th Circ. Affirms Dismissal Of Vegas Casino Room Rate Case
The Ninth Circuit rejected an appeal on Friday from guests seeking to revive their antitrust case accusing Las Vegas casino-hotel operators of using a vendor's software to inflate room rates, finding that the pricing service helps the hotels compete.
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August 15, 2025
$111.25M Del. Settlement Proposed For Cencora Opioid Suits
Executives and board members of Cencora Corp. — formerly AmerisourceBergen — have tentatively settled for $111.25 million a Delaware Court of Chancery stockholder derivative suit accusing them of taking a "devil may care" attitude toward the illegal distribution of opioid painkillers at the center of a nationwide addiction epidemic.
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August 15, 2025
NY Fines Insurer Healthplex $2M Over Cybersecurity Failures
A dental insurance provider has agreed to pay a $2 million penalty and undergo an audit of its multifactor authentication controls in order to resolve the New York financial regulator's claims that its failure to implement robust cybersecurity safeguards led to an email phishing attack that exposed customers' sensitive data.
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August 15, 2025
AT&T Seeks Approval To Halt Copper Service After Thefts
AT&T is asking the Federal Communications Commission for emergency authorization to suspend its copper-based phone legacy service for 22 customers outside Dallas, claiming that service outages were caused by a series of copper thefts from its facilities in June.
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August 15, 2025
Judge Punts On ProPay Sanctions In TelexFree Suit
A Massachusetts magistrate judge sent a motion for sanctions against ProPay to a district judge for ruling, saying the payment company failed to take steps to preserve electronic documents but the plaintiffs hadn't proven its intent to destroy evidence in a case over its alleged involvement in TelexFree's "hybrid Ponzi-pyramid scheme."
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August 15, 2025
FCC Warns Of Possible $2.4M Pirate Radio Fines In Ill., Conn.
Someone is operating an illegal radio station on a residential street in Springfield, Illinois, and the Federal Communications Commission says it can and will fine the person responsible more than $2.4 million if they don't cut it out — and it's not the only one.
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August 15, 2025
Lyft Could Face Blame In Connecticut Ax Murder, Judge Says
Lyft Inc. might be liable after one of its drivers brought an "aggressive" passenger carrying a 3-foot ax to a residential neighborhood, where he murdered a woman in front of her children, a Connecticut federal judge said Friday in advancing a lawsuit brought by the victim's estate.
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August 15, 2025
Vape Cos. Urge 4th Circ. To Halt NC E-Cigarette Law
A coalition of vaping interests is urging the Fourth Circuit to find that a North Carolina law prohibiting the sale of e-cigarettes not approved by the U.S. Food and Drug Administration is blocked by federal policy.
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August 15, 2025
Google Asks 9th Circ. To Rethink Play Store Antitrust Ruling
Google urged the Ninth Circuit to reconsider a panel's decision to affirm a jury's findings that it monopolized the Android app market, saying the panel made several missteps when evaluating the claims and contended the injunction issued as a result of the verdict goes too far.
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August 15, 2025
La. Eyes Pause On Suit While Congress Mulls Future Of Hemp
Louisiana officials on Thursday asked a federal judge to pause a lawsuit challenging the state's hemp law while Congress considers the future of federal hemp policy.
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August 15, 2025
Bikers Say Suzuki Motorcycles Have Decades-Old Brake Defect
A proposed class of motorcycle buyers is alleging that Suzuki Motor of America Inc. has known but done nothing about a dangerous defect in its bikes' braking system for more than a decade.
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August 15, 2025
1st Wrongful Death Suit Filed In Deadly Mass. Rest Home Fire
The first of what are expected to be multiple wrongful death lawsuits stemming from a July 13 fire that killed 10 elderly and disabled residents of a Fall River, Massachusetts, assisted living facility was filed late Thursday in state court.
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August 15, 2025
DC Circ. Paves Way For Trump Admin To Resume CFPB Cuts
A D.C. Circuit panel on Friday tentatively cleared President Donald Trump's administration to carry out mass layoffs at the Consumer Financial Protection Bureau, rejecting a lower-court hold on those efforts but giving time for groups representing consumers and agency workers to request an appeal.
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August 14, 2025
Roblox Fails To Protect Kids From Predators, La. AG Says
Roblox is facing yet another lawsuit accusing it of putting children and teens in danger, this time pursued by the Louisiana Attorney General's Office, which alleged in a state lawsuit Thursday that the popular gaming platform facilitates child sexual abuse material and knowingly fails to shield children from predators.
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August 14, 2025
Banks Ask To Halt 'Unfair' Clock On CFPB Open Banking Rule
Bank trade groups are asking a Kentucky federal judge to freeze looming compliance deadlines for the Consumer Financial Protection Bureau's contested open banking rule as the agency revamps the measure, while opposing fintech groups called on the White House to block banks from charging them fees for the kind of data-sharing the rule mandates.
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August 14, 2025
Fla. Judge Won't Require Snap To Heed Teen Social Media Law
A Florida federal judge has rejected the state attorney general's bid to force Snap Inc. to comply with a new law that would limit the ability of teens to access the platform, holding that the state's challenge was unlikely to succeed in light of his prior ruling in a related case finding the measure to likely be unconstitutional.
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August 14, 2025
6th Circ. Upholds FCC's Telecom Data Breach Rules
The Sixth Circuit on Wednesday upheld the Federal Communications Commission's expanded data breach notification rules for telecommunications carriers, rejecting challenges from industry groups who said the 2024 changes were too similar to a 2016 FCC order that Congress rejected under the Congressional Review Act early the following year.
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August 14, 2025
9th Circ. Won't Revive 3M Worker's Noncompete Dispute
The Ninth Circuit on Thursday declined to revive a former 3M Co. employee's lawsuit over a noncompete provision in his employment contract, agreeing with a Washington federal court's finding that the complaint failed to allege 3M actually enforced or leveraged the noncompete in violation of state law.
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August 14, 2025
Grindr Says Section 230 Shields It From Teen Death Suit
Dating app Grindr told a Florida federal judge Wednesday that Section 230 of the Communications Decency Act shields it from claims it negligently allowed a 16-year-old to access the platform and caused her to be matched with a 35-year-old man who is accused of murdering her.
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August 14, 2025
Truist Settles Class Claims Over Third-Party Data Trackers
Truist Financial Corp. has settled a proposed class action accusing the company of embedding third-party trackers on its website for companies like Meta and Google to use to monetize user data through advertising, according to a joint settlement notice filed Thursday in California federal court.
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August 14, 2025
SpaceX Calls Va. Broadband Funding Plan 'Wasteful'
SpaceX criticized Virginia over its spending plan for the $1.48 billion in broadband funding it's set to receive from the BEAD program, saying the state "has put its heavy thumb on the scale in favor of expensive, slow-to-build fiber bias" over satellite.
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August 14, 2025
AGs Urge Meta To 'Prioritize Safety' With Location Feature
A bipartisan coalition of more than three dozen state attorneys general is calling on Meta Platforms Inc. to strengthen the privacy and security safeguards for a new location tracking feature that recently debuted on Instagram, arguing that the social media giant has a duty "to prioritize user safety over product novelty."
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August 14, 2025
Dental Clinic Privacy Breach Claims Not Covered, Insurer Says
A dental practice's insurer told an Illinois federal court it should owe no coverage in an underlying proposed class action accusing the practice of transmitting patients' sensitive personal information to Alphabet Inc. via the business's online scheduling platform, arguing an exclusion concerning "personal information" applies.
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August 14, 2025
Del. Challenge To Squarespace Doc Suit Toss Moves Forward
A Delaware vice chancellor on Thursday ordered an October hearing over stockholder exceptions to a posttrial dismissal of a lawsuit for records on Squarespace Inc.'s $7.2 billion take-private deal, following objections that the ruling "would require the court to possess impossible prescience."
Expert Analysis
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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4 In-Flux Employment Law Issues Banks Should Note
Attorneys at Ogletree provide a midyear update on employment law changes that could significantly affect banks and other financial service institutions — including federal diversity equity and inclusion updates, and new and developing state and local artificial intelligence laws.
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New DOJ Penalty Policy Could Spell Trouble For Cos.
In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.
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Influencer Marketing Partnerships Face Rising Litigation Risk
In light of recent class actions claiming that brands and influencers are misleading consumers with deceptive marketing practices — largely premised on the Federal Trade Commission's endorsements guidance — proactive compliance measures are becoming more important, say attorneys at Olshan Frome.
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5 Consumer Protection Compliance Issues In NY State Budget
Companies that engage with New York consumers should promptly familiarize themselves with new state budget provisions that require finance and retail companies to make certain business practices more transparent and easier for customers to execute, say attorneys at Mintz.
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High Court Cert Spotlights Varying Tests For Federal Removal
A recent decision by the U.S. Supreme Court to review Chevron v. Plaquemines Parish, a case involving the federal officer removal statute, highlights three other recent circuit court decisions raising federal removal questions, and serves as a reminder that defendants are the masters of removal actions, says Varun Aery at Hollingsworth.
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Open Banking Is On Ice As CFPB Seeks To Toss Its Own Rule
Even as the Consumer Financial Protection Bureau's efforts to toss its open banking rule play out in Kentucky federal court, it remains statutorily required to effectuate consumer access to data, raising questions about how it would replace the previously finalized standard, say attorneys at Cooley.
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Opinion
DOJ's HPE-Juniper Settlement Will Help US Compete
The U.S. Department of Justice settlement with Hewlett Packard Enterprise clears the purchase of Juniper Networks in a deal that positions the U.S. as a leader in secure, scalable networking and critical digital infrastructure by requiring the divestiture of a WiFi network business geared toward small firms, says John Shu at Taipei Medical University.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.
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Wells Fargo Suit Shows Consumer Protection Limits In Mass.
The Massachusetts Appeals Court's May decision in Wells Fargo Bank v. Coulsey underscores that consumer rights are balanced against the need for closure, and even the broad protections of state consumer protection law will not open the door to relitigating the same claims, say attorneys at Greenberg Traurig.
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Series
Ohio Banking Brief: All The Notable Legal Updates In Q2
Ohio's financial services sector saw several significant developments in the second quarter of 2025, including a case that confirmed credit unions' setoff rights, another that established contract rights between banks and cardholders, and the House passage of a digital asset bill, say attorneys at Frost Brown.
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Managing Risks As State AGs Seek To Fill Enforcement Gap
Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.
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Breaking Down Novel Va. Social Media Law For Minors
While a Virginia bill passed in May is notable for setting a one-hour daily limit on minors' use of social media, other provisions create compliance burdens for social media operators and app store providers, and increase privacy and security risks associated with the collection of sensitive information to prove identity, says Jenna Rode at Hunton.
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Litigation Inspiration: How To Respond After A Loss
Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.