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Consumer Protection
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August 04, 2025
Chamber Wants FTC's Merger Notice Overhaul Nixed
The U.S. Chamber of Commerce has urged a Texas federal judge to upend a dramatic overhaul of merger filing requirements that it argued exceeded Federal Trade Commission authority, was made without a proper cost-benefit analysis and amounts to a solution in search of a problem.
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August 04, 2025
Ex-Yankee Strikes $729K Deal With Moldy Mansion's Landlord
Former Major League Baseball player Joshua Donaldson will receive around $729,000 from the landlord of a Connecticut mansion that suffered a mold problem after they reached a post-verdict deal to end their federal contract dispute.
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August 04, 2025
Coinbase Moves To End Oregon's Post-SEC Enforcement Suit
Coinbase Inc. is asking a federal judge to throw out a lawsuit accusing the company of putting Oregonians at financial risk through the operation of an unregistered securities platform, arguing that the state's attorney general is not the proper authority to bring such a lawsuit.
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August 04, 2025
Hair Care Brand Olaplex Settles IPO Investors' Suit For $47.5M
Olaplex Holdings Inc. has reached a $47.5 million settlement with investors to resolve a proposed class action alleging that the hair care brand's initial public offering documents did not disclose that the European Union had banned a controversial ingredient called lilial, which would affect Olaplex's main product offering.
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August 04, 2025
Feds Get 2nd Crack At Regeneron FCA Case After Key Ruling
The government may pursue an alternate theory of its False Claims Act kickback case against Regeneron Pharmaceuticals Inc. and try again for a pretrial win after a First Circuit ruling created a "critical shift" in the law, a Massachusetts federal judge said Monday.
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August 04, 2025
Hemp Org. Applauds Removal Of Ban From Spending Bill
A national hemp industry trade organization on Monday said it was grateful for the removal of language from a Senate appropriations bill that would have banned consumable hemp-derived products with psychoactive THC.
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August 04, 2025
Logan Paul Energy Drink Co.'s False Ad Suit Tossed For Good
A New York federal judge has thrown out a consolidated suit alleging Logan Paul's Prime Hydration LLC misleads consumers by selling energy drinks with more caffeine than advertised, saying a "smidgen" more caffeine is not material to the kind of buyer who is already buying a drink with twice the caffeine of its competitors.
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August 04, 2025
Google Says Term Limits Only Needed For Some Search Fixes
Google told the D.C. federal court overseeing the government search monopolization case that there is no need to put a one-year term limit on its default search agreements with Android device manufacturers and wireless carriers because they are not exclusive.
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August 04, 2025
Chemical Group Says Fluoride Judge Got It Wrong
The American Chemistry Council told the Ninth Circuit that a California federal judge who ruled that current limits on fluoride in drinking water aren't protective enough misinterpreted the Toxic Substances Control Act and urged reversal of his decision.
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August 04, 2025
FinCEN Urges Industry To Stay 'Vigilant' On Crypto ATM Fraud
The U.S. Department of the Treasury's Financial Crimes Enforcement Network on Monday cautioned about rising fraud involving crypto ATMs, saying criminals are increasingly using the kiosks to launder money and scam vulnerable consumers, especially seniors.
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August 04, 2025
Bitcoin Depot Hit With Data Breach Class Action In Ga.
Bitcoin Depot Inc. was hit with a proposed class action in Georgia federal court Friday over allegations that it failed to properly safeguard the personally identifiable information of more than 26,000 U.S. residents in a July 2024 data breach.
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August 04, 2025
3rd Circ. Denies Tribal Lender Immunity In Payday Loan Suit
The Third Circuit ruled Monday that tribal immunity doesn't shield GreatPlains Finance LLC from class claims over payday loan interest rates, reasoning that a judgment wouldn't affect the tribe's revenue.
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August 04, 2025
Home Depot's Self-Checkout Kiosks Violate BIPA, Suit Says
Home Depot was hit with proposed class biometric privacy claims Monday by a customer who says the facial recognition technology the retailer deploys at its self-checkout kiosks illegally scans, collects and uses consumers' geometric facial data without informed consent.
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August 04, 2025
4th Circ. Says Lead Paint Suit Rightly Returned To State Court
The Fourth Circuit has affirmed the remand of a proposed class action alleging a television tower owner and a painting company blasted lead-based paint off the tower and into surrounding neighborhoods, finding the case fits within the "local controversy" exception in the Class Action Fairness Act.
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August 04, 2025
7th Circ. Won't Put Chicago Climate Change Suit On Hold
The Seventh Circuit will not pause the execution of a lower court order remanding Chicago's climate change lawsuit against fossil fuel companies to state court, a decision the companies have asked the circuit court to review.
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August 04, 2025
Lawmakers Jumpstart Work On Telecom Subsidy Reform
A working group of U.S. senators focused on reforms to the nation's telecommunications subsidy system has started gathering the public's views on legislation.
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August 04, 2025
Condo Can't Boot Unit Owner After Assault, Mass. Court Says
A Massachusetts condominium association cannot force a unit owner charged with assaulting another resident to vacate his property, an intermediate state appellate court said Monday.
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August 01, 2025
Meta Illegally Recorded Flo Users' Data, Calif. Jury Finds
A California federal jury Friday found Meta Platforms Inc. liable for violating the state's wiretap law by using a data analytics tool to retrieve sensitive health data from users of the popular menstrual tracking app Flo, in what plaintiffs' counsel called "one of the first times" a major tech company has been held accountable for such practices.
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August 01, 2025
Wheeling & Appealing: Midyear Highlights For Every Circuit
In this special edition of Wheeling & Appealing, we're spotlighting key decisions and developments in every circuit court during the first half of 2025, while also previewing August's most intriguing oral arguments, including a remarkably "fierce" showdown between Edible Arrangements and 1-800-Flowers with millions of dollars in attorney fees on the line.
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August 01, 2025
Kalshi Gets Ex-Lawmakers' Backing In 3rd Circ. Betting Row
A bipartisan group of former federal lawmakers is urging the Third Circuit to continue preventing New Jersey gambling regulators from taking action over KalshiEx's sports contracts, saying Congress intended for the U.S. Commodity Futures Trading Commission to have the final say on event contracts trading on federally regulated markets.
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August 01, 2025
3rd Circ. Asked To Revive Amazon Biometric Data Suit
A federal judge erred in tossing class claims accusing Amazon of collecting consumers' voice data without their consent, including by finding that a third-party software company was a "financial institution," the named plaintiffs told the Third Circuit
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August 01, 2025
Tesla Sends Website Users' Data To Google For Ads, Suit Says
Tesla was slapped with a proposed class action in California federal court Thursday alleging it illegally shares its website visitors' information with third parties like Google through the deployment of tracking pixels for data monetization and advertising purposes, without their knowledge or consent.
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August 01, 2025
9th Circ. Sees 'Everest-Like' Preemption For Credit Union Fees
A Ninth Circuit panel on Friday rejected a consumer's bid to revive his California class action claims over bounced-check fees at Navy Federal Credit Union, ruling that federal credit unions are exempt from state laws that regulate account fees.
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August 01, 2025
Nestle Fights Class Cert. In 'Trillion'-Dollar Poland Spring Suit
Nestle Waters North America Inc. has asked a Connecticut federal judge to deny a class certification bid in a lawsuit challenging whether Poland Spring bottled water is real spring water, saying "gerrymandered classes and subclasses" cannot be used to leverage billions or even trillions of dollars in alleged damages.
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August 01, 2025
Lego Wins Bid To Halt Toy Co. Sales Of Copycat Figurines
After convincing a Connecticut federal judge that it was facing irreparable harm, Danish toy giant Lego has secured a permanent injunction barring a California-based distributor from selling products that mimic its figurines and play sets.
Expert Analysis
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DOJ Memo Lays Groundwork For Healthy Bank Sponsorships
The U.S. Department of Justice's recent digital asset policy shift offers potential clarity in the murky waters of sponsor bank relationships, presenting nontraditional financial companies with both a moment of opportunity and a test of maturity, say attorneys at Arnall Golden.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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Explicit Pic Takedown Law Casts A Wide Net
With a surprisingly broad range of online platforms potentially subject to the new Take It Down Act’s process for removing revenge porn or explicit deepfakes, all services that allow user interaction or content hosting should proactively evaluate their legal obligations and demonstrate compliance, say attorneys at Goodwin, say attorneys at Goodwin.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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How Medical Practices Can Improve Privacy Compliance
In light of recent high-profile patient privacy violations, health practices — especially in California — should better position themselves to comply with medical privacy laws by shoring up strategies ranging from mapping electronic protected health information to building a better compliance culture, says Suzanne Natbony at Aliant Law.
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Despite Rule Delay, FTC Scrutiny Looms For Subscriptions
Even though the Federal Trade Commission has delayed its click-to-cancel rule that introduces strict protocols for auto-renewing subscriptions, businesses should expect active enforcement of the new requirements after July, and look to the FTC's recent lawsuits against Uber and Cleo AI as warnings, say attorneys at Holland & Knight.
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3 Corporate Deposition Prep Tips To Counter 'Reptile' Tactics
With plaintiffs counsel’s rising use of reptile strategies that seek to activate jurors' survival instincts, corporate deponents face an increased risk of being lulled into providing testimony that undercuts a key defense or sets up the plaintiff's case strategy at trial, making it important to consider factors like cross-examination and timing, say attorneys at Dentons.
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Class Standing Issues Still Murky After Justices Punt LabCorp
While litigants and district courts had hoped the U.S. Supreme Court's ruling in LabCorp v. Davis would provide much-needed clarity on the interplay between Article III standing and class certification, the court's failure to rule on the issue leaves disagreement, confusion and uncertainty for stakeholders, says Erica Rutner at Cozen O'Connor.
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Ore. Coinbase Case Charts New Path For State Crypto Suits
Oregon's recent lawsuit against Coinbase serves as a reminder for the crypto industry that not all states will simply defer to the U.S. Securities and Exchange Commission's evolving stance on crypto-assets, highlighting why stakeholders should proactively assess the risks posed by state-level litigation and develop strategies to address distinct challenges, say attorneys at Steptoe.
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AGs Take Up Consumer Protection Mantle Amid CFPB Cuts
State attorneys general are stepping up to fill the enforcement gap as the Trump administration restructures the Consumer Financial Protection Bureau, creating a new regulatory dynamic that companies must closely monitor as oversight shifts toward states, say attorneys at Cozen O’Connor.
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Va.'s Altered Surcharge Law Poses Constitutional Questions
Virginia's recently amended consumer protection law requiring sellers to display the total price rather than expressly prohibiting surcharges follows New York's recent revision of its antisurcharge statute and may raise similar First Amendment questions, says attorneys at Stinson.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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Fed's Crypto Guidance Yank Could Drive Innovation
The Federal Reserve Board's recent withdrawal of guidance letters brings regulatory consistency and broadens banks' ability to innovate in the crypto-asset space, but key distinctions remain between the Fed's policy on crypto liquidity and that of the other banking regulators, says Dan Hartman at Nutter.
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GM Case Highlights New Trends In AI-Related Securities Suits
Bold company statements about artificial intelligence have resulted in a rise in AI-related securities litigation, and a recent Michigan federal court decision in In Re: General Motors Co. Securities Litigation illustrates how courts are analyzing these AI-based claims and applying traditional securities concepts to new technologies, say attorneys at Cooley.