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Consumer Protection
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April 23, 2025
Ex-Rabobank Exec Seeks $5M To Cover OCC Fight Legal Bill
A former Rabobank chief compliance officer has asked the Ninth Circuit to award her more than $5 million in attorney fees and expenses to cover both her defense of a now-discontinued Office of the Comptroller of the Currency enforcement action and her unsuccessful lawsuit to get the matter expunged.
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April 23, 2025
Colgate Faces New Suit Over Lead In Children's Toothpaste
Colgate-Palmolive Co. was hit with another class action accusing it of allowing their children's toothpaste to become tainted with heavy metals, according to a complaint filed in New York federal court.
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April 23, 2025
Apple Tricked People Into Buying AI-Less iPhone 16, Suit Says
Apple has been slapped with a lawsuit accusing it of baiting-and-switching iPhone 16 buyers with promises that the model would include the tech giant's new artificial intelligence model, but then quietly deleting those advertisements when it hit delays.
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April 23, 2025
Eli Lilly Sues 4 Telehealth Cos. For Weight Loss Drug Copies
Eli Lilly filed a new round of lawsuits Wednesday over the compounding of its popular weight loss drugs Mounjaro and Zepbound, accusing four telehealth companies of making copies of the medications while alleging that two companies violated laws requiring doctors to make medical decisions, not corporations.
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April 23, 2025
Judge Slams TCPA Atty Over Filing With 'No Legitimate Basis'
A North Carolina magistrate judge on Wednesday chastised a Telephone Consumer Protection Act litigant and his attorney for filing a reply to a discovery motion after the court had already ruled on it, striking the reply from the docket and warning that further filings without "a legitimate basis" could lead to sanctions.
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April 23, 2025
Yelp's Antitrust Case Against Google Didn't Come Too Late
A California federal court has refused to toss Yelp's case accusing Google of monopolizing the local search market, despite arguments that it came too late, but trimmed several claims Yelp will have a chance to fix before moving ahead with the long-simmering dispute.
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April 23, 2025
FCC Seeks Industry Data In Probing T-Mobile, UScellular Deal
The Federal Communications Commission has sought data from more than half a dozen telecom and cable companies as it probes T-Mobile's planned $4.4 billion merger with UScellular's wireless operations.
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April 23, 2025
NJ AG Sues RealPage, Landlords, Claiming Rent Price 'Cartel'
RealPage Inc. and 10 of New Jersey's largest landlords are colluding to raise rents in violation of state and federal antitrust and consumer protection laws, forcing Garden State residents to overpay for housing, Attorney General Matt Platkin claimed Wednesday in a federal lawsuit.
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April 23, 2025
Bernstein Litowitz Looks To Hire SEC's Ex-Top Crypto Cop
Investor-side firm Bernstein Litowitz Berger & Grossmann LLP has disclosed in a court filing that it is seeking to hire Jorge Tenreiro, the former head of the U.S. Securities and Exchange Commission's crypto enforcement unit as well as the onetime chief of the agency's entire litigation team.
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April 22, 2025
FTC's Holyoak Wants 'Predictable' Regulatory Space For AI
The Federal Trade Commission won't stop policing fraud and deception powered by artificial intelligence, but flexibility is needed to avoid "misguided enforcement actions or excessive regulation" that could stifle innovation and competition in the emerging field, Commissioner Melissa Holyoak said Tuesday.
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April 22, 2025
Wyndham Must Face Suit Alleging It Enabled Sex Trafficking
A New Jersey federal judge Tuesday rejected Wyndham Hotels' bid to escape a woman's lawsuit accusing the company and one of its franchisees of ignoring signs she was trafficked for sex at a Hawthorne Suites in Northern California, finding the woman sufficiently alleged Wyndham was liable for her injuries.
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April 22, 2025
ChatGPT Exec Says Google Data Access Could Aid Rival AI
The head of product for OpenAI's ChatGPT vouched Tuesday for the Justice Department's proposal to force Google to produce search data to rivals, telling a D.C. federal judge the suggested remedy for Google's monopolistic conduct could accelerate development of a tool capable of competing directly with Google search.
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April 22, 2025
Feds Say Crypto Exec Spent Investors' $57M On Lamborghinis
The U.S. Securities and Exchange Commission and Virginia federal prosecutors have launched parallel cases against the founder of a cryptocurrency trading company, alleging that he misappropriated over $57 million of investor funds after orchestrating a type of multilevel-marketing scheme that brought in about $200 million to the company.
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April 22, 2025
Florida Accuses Snap Of Violating New Kids Social Media Law
Florida's attorney general hit Snap Inc. with a lawsuit in state court on Monday, accusing the social media giant of violating the Florida Deceptive and Unfair Trade Practices Act by allowing illicit content to run rampant on Snapchat. The office demanded that Snap comply with a new state law banning children under 13 from such platforms.
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April 22, 2025
Instagram Founder Says Meta 'Starved' Co. After Acquisition
During testimony in the Federal Trade Commission's monopoly case against Meta on Tuesday, the founder of Instagram said his company was "starved" after being acquired by Facebook as Mark Zuckerberg grappled with "a lot of emotion" over Instagram siphoning users away from its parent company's flagship platform.
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April 22, 2025
9th Circ. Affirms Otonomo's Escape Of Calif. Car Tracking Suit
The Ninth Circuit on Tuesday unanimously refused to revive a California man's proposed class action accusing autotech company Otonomo Inc. of surreptitiously tracking drivers' movements in violation of California privacy law, finding that a device installed in the man's BMW wasn't an "electronic tracking device" under the relevant state law.
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April 22, 2025
SEC Won't Renew Case Against Hex Crypto Founder
The U.S. Securities and Exchange Commission won't take a second crack at its fraud case against the founder of the Hex, PulseChain and PulseX crypto projects after a Brooklyn federal judge tossed the suit last month due to a lack of stateside ties.
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April 22, 2025
Customer Sues Amazon Over Burns From Heating Pad
A woman who suffered second-degree burns and an infection after a heating pad bought on Amazon malfunctioned is looking to hold the online retailer responsible in Washington federal court for the product manufactured by a third party.
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April 22, 2025
CFPB Waves White Flag In Prepaid Rule Fight With PayPal
The Consumer Financial Protection Bureau has abandoned its D.C. Circuit defense of a rule that subjected Venmo-style digital wallets to some of the same fee disclosure requirements as reloadable prepaid cards, walking away from an appeal of PayPal's legal challenge to the regulation.
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April 22, 2025
Smoke Shop Joins Others Seeking Toss Of Nitrous Death Suit
Another smoke shop is joining fellow defendants in seeking dismissal of a woman's suit alleging their sale of nitrous oxide canisters led to her sister's death from using them as "whippets," saying she lacks standing to bring her claim.
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April 22, 2025
Credit Sesame Users Say Data Breach Leaked Personal Info
Financial services provider Credit Sesame is facing a proposed class action filed Monday in California federal court by two customers who said their personally identifiable information was compromised in a data hack earlier this month and that the company did not follow common industry standards to protect their sensitive information.
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April 22, 2025
23andMe Has Received 'Significant Interest' In Ch. 11 Auction
Genetic testing company 23andMe has received significant interest in the Chapter 11 auction for its assets, its counsel told a Missouri bankruptcy judge Tuesday at a hearing where it received final approval of a $35 million financing package to fund its bankruptcy case.
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April 22, 2025
Kalshi, Crypto.com Fight Md. Regulator On Sports Contracts
Trading platform KalshiEx LLC and the derivatives platform owned by Crypto.com have each sued Maryland gaming regulators for allegedly preempting federal authority with directives to shut down sports event contracts the agency contends are unregistered wagers.
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April 22, 2025
DOJ Wants Time During 9th Circ. Vegas Room Rate Arguments
The U.S. Department of Justice has asked to participate in the Ninth Circuit argument for an appeal from Las Vegas casino-hotel guests accusing the operators of using software to inflate room rates, the first algorithmic price-fixing case to reach an appeals court.
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April 22, 2025
DOJ Says Google Ad Tech Win Supports Apple Antitrust Case
The U.S. Department of Justice told a New Jersey federal court its recent win against Google in the ad tech monopolization case supports allowing claims that Apple monopolizes smartphone markets to proceed.
Expert Analysis
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Executive Orders Paving Way For New Era Of Crypto Banking
Recent executive orders have already significantly affected the day-to-day operations of financial institutions that have an interest in engaging with digital assets, and creating informed strategies now can support institutions as the crypto gates continue to open to the banking industry, say attorneys at Spencer Fane.
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How Calif. Algorithmic Pricing Bills Could Affect Consumers
California's legislative efforts to regulate algorithmic pricing may address antitrust and fairness concerns, but could stop retailers from providing consumer discounts, says Alyssa Sones at Sheppard Mullin.
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Explaining CFPB's Legal Duties Under The Dodd-Frank Act
While only Congress can actually eradicate the Consumer Financial Protection Bureau, the Trump administration has sought to significantly alter the agency's operations, so it's an apt time to review the minimum baseline of activities that Congress requires of the CFPB in Title X of the Dodd-Frank Act, say attorneys at Bradley Arant.
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State Securities Enforcers May Fill A Federal Enforcement Gap
The U.S. Securities and Exchange Commission appears poised to take a lighter touch under the new administration, but state enforcement efforts are likely to continue unabated, and potentially even increase, particularly with regard to digital assets and ESG disclosures, say attorneys at Ropes & Gray.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Recent Cases Highlight Latest AI-Related Civil Litigation Risks
Ongoing lawsuits in federal district courts reveal potential risks that companies using artificial intelligence may face from civil litigants, including health insurance coverage cases involving contractual and equitable claims, and myriad cases concerning securities disclosure claims, say attorneys at Katten.
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What Rodney Hood's OCC Stint Could Mean For Banking
Acting Comptroller of the Currency Rodney Hood's time at the helm of the OCC, while temporary, is likely to feature clarity for financial institutions navigating regulations, the development of fintech innovation, and clearer expectations for counsel advising on related matters, say attorneys at Vedder Price.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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4 Actions For Cos. As SEC Rebrands Cyber Enforcement Units
As the U.S. Securities and Exchange Commission signals its changing enforcement priorities by retooling a Biden-era crypto-asset and cybersecurity enforcement unit into a task force against artificial-intelligence-powered hacks and online investing fraud, financial institutions and technology companies should adapt by considering four key points, say attorneys at Troutman.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.
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The PFAS Causation Question Is Far From Settled
In litigation over per- and polyfluoroalkyl substances, the general causation question — whether the type of PFAS concerned is actually capable of causing disease — often receives little attention, but the scientific evidence around this issue is far from conclusive, and is a point worth raising by defense counsel, says John Gardella at CMBG3 Law.
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How Health Cos. Can Navigate Data Security Regulation Limbo
Despite the Trump administration's freeze on proposed updates to the Health Insurance Portability and Accountability Act security rule, there are critical cybersecurity steps healthcare organizations can take now without clear federal guidance, says William Li at Axiom.
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4 Key Payments Trends For White Collar Attys
As the payments landscape continues to innovate and the new administration looks to expand the role of digital currency in the American economy, white collar practitioners should be aware of several key issues in this space, say attorneys at Jenner & Block.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Unpacking The Illicit E-Cigarette Crackdown By State AGs
A bipartisan coalition of attorneys general for nine states and the District of Columbia announced a coordinated effort to curb illicit electronic cigarette sales, illustrating the rising prominence of state attorneys general using consumer protection laws to address issues of national scope, especially when federal efforts prove ineffective, say attorneys at Troutman.