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Consumer Protection
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July 07, 2025
Biggest Enviro Cases To Watch In 2025: Midyear Report
Law360 previews the lawsuits environmental attorneys will be watching closely during the second half of 2025, including the Trump administration's challenge to states' efforts to slow climate change, a lawsuit seeking to continue federal funding for climate change projects and product liability cases over forever chemicals in consumer goods.
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July 07, 2025
P&G Beats False Ad Suit Over 'Pure Cotton' Tampax, For Good
The Procter & Gamble Co. permanently beat a proposed class action alleging that it omits the presence of organic fluorine in its Tampax products, after a California federal judge again rejected the plaintiff's testing method for detecting forever chemicals, ruling Monday that the latest iteration of the suit continued to rest on flawed testing.
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July 07, 2025
Ex-FTC Antitrust Chief Returns To Covington As Co-Chair
Covington & Burling LLP has rehired the former director of the Federal Trade Commission's Bureau of Competition as a co-chair of its antitrust and competition practice group in Washington, D.C., the firm announced Monday.
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July 07, 2025
Some Class Certs. Granted In Amazon Alexa Privacy Suit
A Washington federal judge on Monday granted class certification to plaintiffs with registered Amazon Alexa devices in a suit alleging the devices recorded and stored their conversations, and he denied class certification to those plaintiffs who did not have registered devices.
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July 03, 2025
SEC Signals Openness To Novel Crypto ETPs
The U.S. Securities and Exchange Commission appears to be laying the groundwork to approve increasingly innovative crypto exchange-traded products with a staff statement on disclosure expectations and the recent approval of a novel fund, but experts said the commission's openness comes with a focus on fulsome disclosure.
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July 03, 2025
J.Jill Can't Compel Arbitration In False Price Discount Suit
A California federal judge has refused to ship to arbitration a proposed class action accusing J.Jill of advertising false reference prices on products sold throughout its website, finding that the clothing retailer had failed to put the plaintiff on adequate notice that she would be bound to arbitration simply by placing an order as a guest.
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July 03, 2025
Calif. Justices Say Ford Can't Arbitrate Fiesta And Focus Suits
Ford Motor Co. cannot force drivers who allege defects in their Focus and Fiesta vehicles to take their claims to arbitration, the California Supreme Court ruled Thursday, rejecting the automaker's argument that the dispute flows from dealership sales contracts containing arbitration provisions that it can invoke.
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July 03, 2025
FDIC's Consumer Compliance Enforcement Surged In 2024
The Federal Deposit Insurance Corp. hit banks with a surge of consumer protection-related enforcement actions in the final year of the Biden administration, issuing the largest total dollar amount of fines in almost a decade, according to a new report from the agency.
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July 03, 2025
7th Circ. Cuts Chicken Price-Fixing Atty Fees Again
A Seventh Circuit panel reduced a $51.6 million fee award for class counsel who took on alleged price-fixing among the country's biggest producers of broiler chickens to about $47 million Wednesday, saying the district court made one easily-correctable error.
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July 03, 2025
Experian Can Arbitrate Customer's FCRA Suit, 11th Circ. Says
Experian can arbitrate a customer's lawsuit alleging it failed to reasonably ensure the accuracy of her credit files after a fraudulent $26,922 car loan was reported, the Eleventh Circuit ruled Thursday, finding Experian provided competent, unrebutted evidence of her agreement to arbitrate after enrolling in credit-monitoring services with its affiliate.
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July 03, 2025
CEO Seeks Exit From Crypto Investors' Fraud Suit
The alleged co-CEO of purported crypto projects accused of duping investors out of tens of millions of dollars with false promises of returns has filed a motion to escape the suit, arguing he was not involved with the formation of the projects.
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July 03, 2025
Dems Query Banks On Any Zelle Fraud Link To Social Media
Top Democratic lawmakers are questioning major banks on how they're protecting customers from "significant scams and fraud" via Zelle, in light of JPMorgan Chase's recent decision to block transactions that originate from social media on the peer-to-peer payment platform.
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July 03, 2025
CFPB Funding Cut Could Alter Injunction Calculus At DC Circ.
The steep funding cut that Republicans have passed for the Consumer Financial Protection Bureau could strengthen the Trump administration's position in its court fight to resume downsizing the agency, even if it doesn't directly resolve the legal questions at play.
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July 03, 2025
3 More Athletes Appeal NCAA NIL Settlement To 9th Circ.
Two former wrestlers, including an Olympic medalist, and a former walk-on football player have joined the list of college athletes announcing plans to appeal the $2.78 billion name, image and likeness settlement with the NCAA, arguing that they are receiving far too small a portion of the compensation package.
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July 03, 2025
FCC Aims To Advance Fast-Track Process For Removing Regs
The Federal Communications Commission plans to vote this month on whether to employ a fast-track procedure to remove regulations that are deemed obsolete without having to go through the typical process of first issuing a public notice and soliciting comment.
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July 03, 2025
Circuit-By-Circuit Recap: Justices Send Message To Outliers
It was a tough term at the U.S. Supreme Court for two very different circuits — one solidly liberal, one solidly conservative — that had their rulings overturned in eye-popping numbers. But it was another impressive year for a relatively moderate circuit that appears increasingly simpatico with the high court.
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July 03, 2025
States Still Oppose Florida's Generic Drug Deal With Sandoz
States accusing generic-drug makers of fixing prices are continuing to object to a $10 million settlement struck between Florida and Sandoz, arguing that it limits their ability to negotiate deals while letting the Sunshine State benefit without participating in the litigation.
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July 03, 2025
The Moments That Shaped The Universal Injunction Case
The U.S. Supreme Court voted along ideological lines when it hindered the ability of federal district court judges to issue nationwide pauses on presidential policies, but that outcome didn't seem like a foregone conclusion during oral arguments earlier this year. What do the colloquies suggest about the justices' thinking? Here are some moments that may have swayed them.
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July 03, 2025
Natera Inks $8.25M Deal To End Prenatal Tests Suit
A proposed class of buyers of Natera Inc.'s noninvasive prenatal tests has asked a California federal court to give preliminary approval to an $8.25 million settlement to resolve claims that the company knew the tests were unreliable but failed to tell buyers.
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July 03, 2025
TRESemme Buyers' Claims Too Tangled For Class Cert.
A New York federal judge has denied class certification for a class of 717 buyers of Unilever's TRESemme shampoo who allege the product caused allergic reactions and hair loss, saying their claims would require too much individual inquiry for class certification to be appropriate.
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July 03, 2025
Zimmer Biomet Bone Cement Doesn't Bond, NC Suit Says
Medical device manufacturer Zimmer Biomet has been hit with a product liability suit in North Carolina over its compound for bonding prosthetic to bone, with a woman blaming an alleged design defect for problems she encountered following knee replacement surgery.
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July 03, 2025
Pacific Seafood Faces CWA Suit For Alleged Permit Violations
The Center for Food Safety and Wild Fish Conservancy hit Pacific Seafood Aquaculture LLC with a Clean Water Act citizen suit alleging it has failed to comply with permit terms for three Columbia River net pen facilities, each producing more than 20,000 pounds of rainbow trout annually.
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July 03, 2025
DHS Aims To Implement Biometric Tracking For Noncitizens
The U.S. Department of Homeland Security is planning to revive a policy proposal from the first Trump administration to implement facial recognition technology as part of a comprehensive biometric system to track the entry and exit of noncitizens.
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July 03, 2025
Medela Can't Escape Trade Dress Claim In Breast Pump Suit
An Illinois federal judge has refused to let Medela escape allegations that it infringed a rival's trade dress in a suit over a silicone breast pump design, but agreed to trim a false advertising claim.
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July 03, 2025
What Judges Might Ponder In Judicial Safety Law Challenge
A Third Circuit panel set to examine the constitutionality of a judicial safety law born out of the murder of a New Jersey federal judge's son is tasked with what experts are viewing as a lesser-of-two-evils choice: chilling free speech or chilling public service.
Expert Analysis
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What Businesses Need To Know To Avoid VPPA Class Actions
Divergent rulings by the Second, Sixth and Seventh Circuits about the scope of the Video Privacy Protection Act have highlighted the difficulty of applying a statute conceived to regulate the now-obsolete brick-and-mortar video store sector in today's internet economy, say attorneys at DTO Law.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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2025's First Half Brings Regulatory Detours For Fintechs
The first half of the year has resulted in a bifurcated regulatory environment for fintechs, featuring narrowed enforcement in some areas, heightened scrutiny in others and a policy window that, with proper compliance, offers meaningful opportunities for innovation, say attorneys at Sheppard Mullin.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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3 Juror Psychology Principles For Expert Witness Testimony
Expert witnesses can sometimes fall into traps when trying to teach juries complex topics by failing to consider the psychology of juror comprehension, but attorneys can help witnesses avoid these pitfalls with a deeper understanding of cognitive lag, chunking and learning styles, says Steve Wood at Courtroom Sciences.
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Comparing Stablecoin Bills From UK, EU, US And Hong Kong
For multinational stablecoin issuers, navigating the differences and similarities among regimes in the U.K., EU, Hong Kong and U.S., which are currently unfolding in several key ways, is critical to achieving scalable, compliant operations, say attorneys at Morgan Lewis.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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Focusing On Fluoride: From FDA To Class Action
A class action filed two days after the U.S. Food and Drug Administration announced plans to remove ingestible fluoride prescription drug products for children from the market may be the tip of the iceberg in terms of the connection between government pronouncements on safety and their immediate use as evidence in lawsuits, says Rachel Turow at Skadden.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Fla. Condo Law Fix Clarifies Control Of Common Areas
Florida's repeal of a controversial statutory provision that permitted developers of mixed-use condominium properties to retroactively assert control over common facilities marks a critical shift in legal protections for unit owners and associations, promoting fairness, transparency and accountability, say attorneys at Pardo Jackson.
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The Legal Fallout Of The Open Model AI Ecosystem
The spread of open-weight and open-source artificial intelligence models is introducing potential harms across the supply chain, but new frameworks will allow for the growth and development of AI technologies without sacrificing the safety of end users, says Harshita Ganesh at CMBG3 Law.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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How Ore. Law Puts New Confines On Corp. Health Ownership
A newly enacted law in Oregon strengthens the state’s restrictions on corporate ownership of healthcare practices, with new limitations on overlapping control, permissible services, restrictive covenants and more making it necessary for practices to review decades-old physician practice arrangements, say attorneys at Ropes & Gray.
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NCAA Settlement Kicks Off New Era For Student-Athlete NIL
A landmark settlement stemming from 15 years of litigation between schools and the NCAA reflects a major development in college athletics by securing compensation for usage of student-athletes' names, images and likenesses, and schools hoping to take advantage of new opportunities should take proactive steps to comply with new rules, say attorneys at Manatt.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.