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Consumer Protection
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July 16, 2025
Utah Judge Ends Startup's Antitrust Suit Against NAR, Brokerages
A Utah federal judge permanently tossed an antitrust suit lodged by a residential brokerage startup against the National Association of Realtors and multiple brokerages, ruling that the claims were time-barred.
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July 16, 2025
Kratom Seltzers 'Addictive,' Wash. Class Suit Alleges
A proposed class of kratom product buyers is suing Mitra-9 Brands LLC in Washington federal court, alleging that the company knew — but failed to warn customers — that the products are addictive in the same way as opioids and can cause withdrawal symptoms.
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July 15, 2025
HomeServices, Douglas Elliman Nix Broker Fee Antitrust Suit
HomeServices of America and Douglas Elliman escaped homebuyers' proposed antitrust class action alleging real estate agents conspired to artificially inflate broke service commissions for home sales, after a Florida federal judge ruled the buyers lacked standing since home sellers are the ones who paid those commission fees.
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July 15, 2025
GTCR Seeks Rival's Sales Data To Counter FTC Challenge
The private equity firm looking to buy medical device coating company Surmodics is seeking Salesforce data from another competitor in the space, saying the information is crucial to showing that the industry will still be competitive if its acquisition is cleared.
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July 15, 2025
Tornado Founder Wasn't In On Crypto Laundering, Jury Told
Counsel for a Seattle-area software developer and co-founder of Tornado Cash told a New York federal jury on Tuesday that he had nothing to do with North Korean cybercriminals and others who used the cryptocurrency mixer to launder more than $1 billion in ill-gotten gains.
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July 15, 2025
FTC Says Merger Penalty Deal In The Works With 7-Eleven
The Federal Trade Commission is inching closer to a settlement with 7-Eleven in its suit seeking to slap the convenience store chain with a $77.5 million penalty for violating a settlement that it inked with the agency in order to get a merger approved back in 2018.
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July 15, 2025
Consumers Say Apple's Bid To End App Store Case Will Fail
A massive class of consumers accusing Apple of monopolizing the distribution of apps on its devices has told a California federal court the tech giant's planned summary judgment bid should be rejected because there's evidence showing harm to both users and developers.
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July 15, 2025
House Passes Bill To Codify FCC Network Security Council
The U.S. House of Representatives passed a bill Tuesday that would cement into law a federal advisory panel on network security.
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July 15, 2025
Split 4th Circ. Rejects GenBioPro Abortion Ban Challenge
A split Fourth Circuit panel on Tuesday rejected GenBioPro's challenge to a West Virginia law banning medication abortion with narrow exceptions, with the majority finding the ban does not conflict with federal regulators' statutory authority to impose safety requirements on drug manufacturers.
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July 15, 2025
9th Circ. Backs Nature's Way Loss In Supplements TM Suit
The Ninth Circuit on Tuesday upheld a lower court's finding that a Doctor's Best Inc. brand of supplements didn't infringe a trademark of competitor Nature's Way Products LLC because the Doctor's Best products were all sold outside the U.S.
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July 15, 2025
FCC Hunts For Customer Info On Cellcom Network Outage
Regional wireless service provider Cellcom's mid-May network outage has prompted a public inquiry by federal regulators who want to know how customers handled their inability to make or receive texts and calls.
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July 15, 2025
FTC Still Bans Ex-Pioneer CEO From Exxon Board, For Now
If the current Federal Trade Commission upends Biden-era Democrats' ban on the former CEO of Pioneer from serving on Exxon's board, it will be on the now-Republican-led commission's own volition rather than through a petition by the executive.
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July 15, 2025
Tesla Engineer Says Company Kept Scant Safety Data
Tesla did not document safety statistics of its autopilot system in the early years of its implementation, according to testimony from a Tesla engineer that jurors in Miami heard Tuesday in a trial over a fatal Florida Keys crash.
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July 15, 2025
FCC Drops 'Single Seller' Marketing Reg After 11th Circ. Ruling
The Federal Communications Commission has plucked from the books a rule requiring individual consumer consent for companies to contact customers through comparison shopping sites after the Eleventh Circuit declared the regulation an overstep.
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July 15, 2025
Ex-Yankee Wants $69K Tacked Onto Moldy Mansion Trial Win
A retired New York Yankees player is seeking nearly $70,000 in prejudgment interest after a Connecticut federal jury handed him a $222,000 win in his suit that sought to hold his former landlord liable for mold in a Greenwich mansion.
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July 15, 2025
Texas Cities Cite Gov't Immunity In Farmers' PFAS Suit
Governmental entities led by Fort Worth submitted a brief to a Texas federal court Tuesday supporting their immunity in managing wastewater operations in connection with a proposed class action from farmers who claim their lands were contaminated by toxic chemicals.
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July 15, 2025
Take New Spectrum Auction Powers Out For Spin, Feds Told
Telecom regulators need to act quickly to open a critical portion of midband airwaves to wireless companies while ensuring safeguards to block any interference with aircraft safety equipment using a nearby band, a mobile services group said this week.
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July 15, 2025
Roku Attacks Mich. AG's Standing In Child Data Privacy Suit
Michigan's attorney general lacks the authority to assert privacy claims on behalf of millions of Great Lakes State residents, Roku Inc. said Monday in a bid to narrow a lawsuit accusing the streaming platform of illegally collecting and sharing children's data.
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July 15, 2025
11th Circ. Says Big Rig Driver's Fire Risk Was 'Obvious'
The Eleventh Circuit on Tuesday upheld an early win for truck manufacturer Daimler Truck AG in a suit from a Georgia driver who was badly burned in a crash with a Daimler-manufactured truck, ruling that the "open and obvious" risk of a fire in a high-speed collision doomed his failure to warn claim.
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July 15, 2025
NYC's Suit Against Flavored E-Cig Sellers Can Continue
A Manhattan federal judge on Monday rejected a bid by eight vape wholesalers to toss an action brought by New York City alleging the companies flooded the city with flavored e-cigarettes in violation of federal, state and local law.
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July 15, 2025
Car Buyer Wants Class Cert. Over VIN Etching Price
A Connecticut state court should grant class certification to more than 3,100 customers of the Milford-based Nissan dealership Napoli Motors Inc. on claims that its $299 charge for a service known as VIN etching violates a state law requiring "reasonable rates," the named plaintiff said in a new motion.
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July 15, 2025
Class Action Targets Archery Cos. For Alleged Price-Fixing
A Tennessee man alleged a vast scheme to fix prices on archery goods in a proposed class action in federal court Monday, naming the sport's top trade association, manufacturers and retailers as key figures in the decade-long conspiracy.
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July 15, 2025
PVC Pipe Buyers Seek Initial OK Of $6M Deal In Antitrust Row
Counsel for two classes of purchasers of polyvinyl chloride pipe urged an Illinois federal judge Tuesday to grant preliminary approval to two $3 million settlements resolving their antitrust claims against an analytics service allegedly used in a conspiracy by PVC pipe makers to inflate the price of their products.
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July 15, 2025
Small Carriers Caught Off Guard By Demand-Free T-Mobile OK
Rural wireless carriers appeared stunned by the feds' recent decision to let T-Mobile absorb most of UScellular without setting new requirements meant to protect their service areas, but they aren't the only ones dismayed by the turn of events.
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July 14, 2025
FCC Greenlights Bell Canada's $3.65B Ziply Fiber Deal
The Federal Communications Commission on Monday granted its approval to Canadian communications company BCE Inc.'s planned acquisition of U.S. internet provider Ziply Fiber for about CA$5 billion ($3.65 billion).
Expert Analysis
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A Look At Trump Admin's Shifting Strategies To Curtail CFPB
The Trump administration has so far carried out its goal of minimizing the Consumer Financial Protection Bureau's authority and footprint via an individualized approach comprising rule rollbacks, litigation moves and administrative tools, say attorneys at Holland & Knight.
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Evading DOJ Crosshairs As Data Security Open Season Starts
As the U.S. Department of Justice begins enforcing its new data security program — aimed at preventing foreign adversaries from accessing government-related and personal sensitive data — U.S. companies will need to understand the program’s contours and potential pitfalls to avoid potential civil liability or criminal scrutiny, say attorneys at Cohen & Gresser.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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A Look At DOJ's Dropped Case Against Early Crypto Operator
The prosecution of an early crypto exchange operator over alleged unlicensed money transmission was recently dropped in Indiana federal court, showcasing that the U.S. Justice Department may be limiting the types of enforcement cases it will bring against digital asset firms, say attorneys at Greenberg Traurig.
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4 Consumer Class Action Trends To Watch In 2nd Half Of 2025
The first half of 2025 has seen a surge of consumer class action trends related to online tools, websites and marketing messages, creating a new legal risk landscape for companies of all sizes, says Scott Shaffer at Olshan Frome.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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3 Cautionary Tales For Cos. Using Facial Recognition Tech
Whether a business intends to develop its own facial recognition applications or contract with another company to use such services, three recent case studies should be kept in mind to help lower the risk of litigation or regulatory enforcement, says Adam Nyenhuis at Hilgers Graben.
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Rising Enforcement Stakes For Pharma Telehealth Platforms
Two pieces of legislation recently introduced in Congress could transform the structure and promotion of telehealth arrangements as legislators increasingly scrutinize direct-to-consumer advertising platforms, potentially paving the way for a new U.S. Food and Drug Administration policy with bipartisan support, say attorneys at Sheppard Mullin.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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One Year On, Davidson Holds Lessons On 'Health Halo' Claims
A year after the Ninth Circuit's Davidson v. Sprout Foods decision — which raised the bar for so-called health halo claims — food and beverage companies can draw insights from its finding, subsequently expanded on by other courts, that plaintiffs must be specific when alleging fraud in healthfulness marketing, say attorneys at Sidley.
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Rocket Mortgage Appeal May Push Justices To Curb Classes
Should the U.S. Supreme Court agree to hear Alig v. Rocket Mortgage, the resulting decision could limit class sizes based on commonality under Rule 23 of the Federal Rules of Evidence as opposed to standing under Article III of the U.S. Constitution, say attorneys at Carr Maloney.
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3 Judicial Approaches To Applying Loper Bright, 1 Year Later
In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.
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How State AG Consumer Finance Enforcement Is Expanding
As the Consumer Financial Protection Bureau becomes less active, state attorneys general are increasingly shaping the enforcement landscape for consumer financial services — and several areas of focus have recently emerged, say attorneys at Morgan Lewis.
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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.