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Consumer Protection
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April 24, 2025
Apple, Google, Roblox Duck Game Addiction Suit, For Now
An Illinois federal judge Wednesday dismissed Apple, Google and Roblox from a parent's proposed class action accusing multiple video game developers and platforms of peddling their addictive wares to children, saying the allegations lack specificity, but left open the possibility of amending the complaint.
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April 24, 2025
$1M Settlement In Ga. PFAS Litigation Gets Judge's Final OK
A Georgia federal judge gave a final sign-off Wednesday to a $1 million settlement that will see a chemical company provide temporary drinking water resources to a northwest Georgia town to end the company's involvement in a suit over the alleged release of forever chemicals into local waterways.
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April 24, 2025
9th Circ. Backs Oppenheimer Bid To Avoid FINRA Arbitration
The Ninth Circuit unanimously affirmed Thursday a lower court's ruling blocking two Washington state couples' bid to arbitrate claims against Oppenheimer & Co. Inc. before the Financial Industry Regulatory Authority, saying the couples weren't customers of the financial services company despite getting caught up in a former Oppenheimer employee's Ponzi scheme.
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April 24, 2025
DOT Carves Out Autonomous Vehicle Exemptions
The U.S. Department of Transportation on Thursday updated its policy for developing autonomous vehicles, pledging to ease regulatory hurdles for domestically produced vehicles in order to accelerate U.S. competitiveness in the self-driving car space.
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April 24, 2025
Pardon Me? Why Offers To Secure Clemency Might Be A Scam
Some white collar lawyers and consultants say their clients are increasingly being solicited by potential scammers with promises to leverage supposed White House connections to secure pardons and other forms of clemency in exchange for big fees.
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April 24, 2025
9th Circ. Won't Rehear CashCall Appeal Of $134M CFPB Order
The Ninth Circuit on Thursday declined to rehear loan company CashCall's petition challenging $134 million in legal restitution it was ordered to pay to the Consumer Financial Protection Bureau over alleged unfair loan collection practices, rejecting its argument that legal restitution triggered its jury trial right and finding CashCall waived that right.
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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.
Expert Analysis
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Reconciling 2 Smoke Coverage Cases From California
As highlighted by a California Department of Insurance bulletin clarifying the effect of two recent decisions on insurance coverage, the February state appellate ruling denying coverage for property damage from smoke, ash and soot should be viewed as an outlier, say attorneys at Reed Smith.
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Series
NY Banking Brief: All The Notable Legal Updates In Q1
The most noteworthy developments from the first quarter of the year in New York financial services include newly proposed regulations on overdraft fees, a groundbreaking settlement by the state attorney general, and a potentially precedent-setting opinion regarding the Electronic Fund Transfer Act, say attorneys at Quinn Emanuel.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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The OCC's Newly Relaxed Approach To Bank Crypto Activity
With the early March rescission of Biden-era interpretive guidance, the Office of the Comptroller of the Currency has loosened its approach to regulating national banks and federal savings associations' crypto-asset activities, possibly removing one barrier to banks engaging in such activities, say attorneys at Debevoise.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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How Trump Policies Are Affecting The Right To Repair
Recent policy changes by the second Trump administration — ranging from deregulatory initiatives to tariff increases — are likely to have both positive and negative effects on the ability of independent repair shops and individual consumers to exercise their right to repair electronic devices, say attorneys at Carter Ledyard.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Justices' TikTok Ruling Sets Stage For 1st Amendment Battle
The U.S. Supreme Court's landmark ruling upholding a law requiring TikTok's sale sets the stage for an inevitable clash between free speech and government interests and signals that future cases will turn on whether a regulation poses a substantial burden on speech, say attorneys at Dykema.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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2 Recent Federal Decisions Affecting State CIPA Cases
Two recent cases may help stem the tide of the ever-increasing number of California Invasion of Privacy Act complaints filed in federal court, but won't prevent plaintiffs from filing in state courts, so companies need to shift their focus from Article III standing to statutory standing, says Matthew Pearson at Womble Bond.
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Opinion
Airlines Should Follow Treaty On Prompt Crash Payouts
In the wake of the recent crash of a Delta Air Lines flight during landing in Toronto, it is vital for air carriers and their insurers to understand how the Montreal Convention's process for immediate passenger compensation can avoid years of costly litigation and reputational damage for companies, says Robert Alpert at International Crisis Response.
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McKernan-Led CFPB May Lead To Decentralized Enforcement
Though Jonathan McKernan’s confirmation as director would likely mean a less active Consumer Financial Protection Bureau, the decreased federal oversight could lead to more state-led investigations, multistate regulatory actions and private lawsuits under consumer protection laws, says Jonathan Pompan at Venable.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Opinion
SEC Shouldn't Complicate Broker-Dealers' AML Compliance
Recent U.S. Securities and Exchange Commission anti-money laundering enforcement actions show that regulators should not second-guess broker-dealers' reasonable judgment, or stretch the law or their jurisdiction to regulate through enforcement, lest they expect broker-dealers to vigorously defend their AML programs, say attorneys at WilmerHale.
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Rebuttal
6 Reasons Why Arbitration Offers Equitable Resolutions
Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.