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Consumer Protection
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September 09, 2025
Mitsubishi Accused Of Dodging Pollution Regs With Deception
Mitsubishi Heavy Industries Ltd. was hit with a proposed class action in Washington federal court Monday by a commercial fisher accusing the company of deploying a deceptive sales tactic to circumvent federal emissions regulations for marine engines and replacing engines with cheaper, dirtier alternatives that don't comply with U.S. laws.
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September 09, 2025
MAHA Report Calls For Increased Scrutiny Of Drug Advertising
The Trump administration on Tuesday pledged to ramp up federal oversight of drug advertising, update dietary guidelines and slash unnecessary regulations as part of its strategy to boost the health of America's children and curb the rise in childhood chronic disease.
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September 09, 2025
Wash. Justices Doubt Amazon's Stance On Chemical Suicides
Washington Supreme Court justices hinted on Tuesday at reviving a series of lawsuits against Amazon for allowing online sales of a chemical used in suicides, suggesting the plaintiff families' cases are strengthened by the alleged promotion of a suicide manual on the product page for sodium nitrite.
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September 09, 2025
Nursing Exec Says $10.5M Fraud Penalty Excessive
A nurse staffing executive convicted of wage-fixing told a Nevada federal court the U.S. Department of Justice's request for a $10.5 million forfeiture order for allegedly failing to disclose the antitrust investigation when selling his business is excessive.
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September 09, 2025
Mass. AG Says RE Investment Firm Flouting Rent Rules
The Massachusetts attorney general on Tuesday accused a real estate investment firm of repeatedly raising rents at a mobile home park and then, after learning residents had complained, retaliating by more than doubling the monthly rate.
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September 09, 2025
Google Says Ad Tech MDL Market Should Stay Within US
Google has urged a New York federal judge not to expand the scope of its advertising placement technology business as targeted by publishers and advertisers in multidistrict litigation, arguing the plaintiffs had their chance and cannot now latch onto the worldwide scope found in the Justice Department's successful case.
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September 09, 2025
9th Circ. Declines To Block Most Of Social Media Addiction Law
The Ninth Circuit on Tuesday largely rejected a tech trade group's effort to block California from enforcing a law barring online platforms from using algorithms to deliver addictive feeds to children, saying a requirement to hide "likes" and share counts must be enjoined but challenges to other provisions are either unripe or fact-intensive.
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September 09, 2025
Norfolk Southern Inks Deal With DOJ Over Amtrak Delays
Norfolk Southern Corp. has agreed to give Amtrak passenger trains priority over freight trains under a deal with the federal government that would close out a case stemming from widespread delays on Amtrak's New York City to New Orleans route, the U.S. Department of Justice said Tuesday.
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September 09, 2025
Ski Mountain Owner Points To Google Remedies Decision
A New York ski mountain owner is citing the recent remedies decision in the Google search antitrust case as it looks to avoid selling one of its properties after the court found it violated state law by purchasing and closing a neighboring mountain ski park.
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September 09, 2025
Band-Aid Buyers Defend Standing, Claims In J&J PFAS Suit
A proposed class of consumers is urging a New Jersey federal court to deny a motion by Kenvue Inc. and Johnson & Johnson seeking to dismiss claims that the companies hid the presence of a group of chemicals known as PFAS in Band-Aid products.
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September 09, 2025
Heartland To Pay $18M For Charges On School Lunch Cards
Heartland Payment Systems LLC will pay $18.25 million to approximately 5.6 million parents and caretakers to resolve a class action alleging it levied unfair surcharges when they deposited lunch money onto school-sponsored reloadable cards used by their kids, according to a final settlement approval motion filed Monday in Florida federal court.
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September 09, 2025
Eye Care Co. Sold Misbranded Products, Suit Says
A New York man is claiming in a proposed class action that Scope Health Inc. marketed and sold eye drop products with active pharmaceutical ingredients that were not approved by the U.S. Food and Drug Administration.
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September 09, 2025
'Open Questions' Raised About Live Nation Arbitrator
The Ninth Circuit rebuke of Live Nation's chosen consumer complaint arbitrator was raised in a New York federal court with an order calling for discovery into the arbitrator and its relationship to the company's Latham & Watkins LLP attorneys.
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September 09, 2025
Coinbase Vendor Called 'Major' Cog In 'Insider Bribery' MDL
A Manhattan federal judge said Tuesday that a Texas-based Coinbase vendor called TaskUs will be a "major participant" in multidistrict litigation centralized in New York over allegations that thousands of Coinbase customers were victimized in a bribery-fueled data compromise.
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September 09, 2025
1st Circ. Says Insurer Must Defend Heating Oil Class Action
An insurer for a heating oil company must defend the company in a Massachusetts class action accusing it of damaging customers' heating equipment by adding too much biodiesel to its heating oil, the First Circuit ruled, finding the company's provision of the oil to customers constituted separate occurrences.
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September 09, 2025
Why SEC, CFTC Crypto Rules 'Sprint' Could Be A Marathon
The White House-backed push to entice the crypto industry's return to the U.S. with clearer rules is off to a quick start, but experts say the process could drag on longer than anticipated as regulators navigate competing interests of embracing the evolving digital assets market and protecting consumers.
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September 09, 2025
DOJ, FTC Urged To Probe Drugmakers' Rebate Models
The American Hospital Association asked the Trump administration to investigate whether major pharmaceutical companies violated antitrust laws as they push out new rebate models for a program that offers discounted drugs to healthcare providers serving low-income patients.
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September 08, 2025
Uber Put Profits Over Safety, Jury Told At 1st Sex Assault Trial
Uber put growth and money over passenger safety, counsel for a woman claiming she was sexually assaulted by a driver said Monday at the first trial in coordinated proceedings in San Francisco involving hundreds of plaintiffs, while Uber's lawyer countered sexual violence incidents against passengers are "exceedingly" rare.
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September 08, 2025
Claims Against UMich Trimmed In Ex-Coach Hacking Suit
Former student-athletes on Monday agreed to drop the majority of their claims against the University of Michigan in sprawling federal litigation alleging its former co-offensive coordinator hacked personal information of thousands of students across the country as part of an agreement to pursue the claims in state court.
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September 08, 2025
Cleo AI Must Face Military Lending Suit Over Cash Advances
Cleo AI must face an Army staff sergeant's proposed class action alleging it employs predatory lending practices through its cash advances that exceed the Military Lending Act's annual percentage rate cap on consumer credit, after a Washington federal judge said Monday the advances constitute as "credit" under the statute.
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September 08, 2025
Burger King Can't Force Arbitration Of Website Tracking Row
A California federal judge has refused to send to arbitration a proposed class action accusing Burger King's parent company of illegally tracking website visitors who had opted out of the practice, finding that the plaintiff had neither affirmatively agreed to arbitrate nor waived his right to challenge the existence of such a pact.
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September 08, 2025
Split 4th Circ. Axes States' Challenge To Trump Admin Layoffs
A split Fourth Circuit panel held Monday that a coalition of states doesn't have standing to sue the Trump administration over the mass firing of thousands of probationary government employees, finding that it was the employees — not the states — who "suffered the brunt of the harm" underlying the case.
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September 08, 2025
9th Circ. Affirms Toss Of Illuminate Education Data Breach Suit
A Ninth Circuit panel affirmed a lower court's dismissal of a proposed class action Monday filed against Illuminate Education Inc. by parents of children whose personal information may have been exposed in a massive data breach, holding the plaintiffs did not demonstrate that any harms were suffered.
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September 08, 2025
FCC Nears 4-Year Review Of Media Ownership Regs
Fresh off an Eighth Circuit decision that undercut a key rule limiting companies from controlling multiple broadcast stations in the same market, the FCC will vote this month on launching its required four-year review of media ownership rules.
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September 08, 2025
Google Tells Judge Not To Break Up Ad Tech Biz
Google has urged a Virginia federal judge not to impose the "severe, counterproductive, and unprecedented remedy" of breaking up its advertising placement technology business, and has pushed its own proposed fixes over those sought by the U.S. Department of Justice in the upcoming monopoly remedies trial.
Expert Analysis
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Tips For Crypto AI Agent Developers Under SEC Watch
With agents powered by artificial intelligence increasingly making decisions in the cryptocurrency world, there's a chance the U.S. Securities and Exchange Commission could use the Investment Advisers Act to regulate this technology in financial services, but there are ways developers can mitigate regulatory risks, say attorneys at Morrison Cohen.
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What's Next For CFPB After 'Big Beautiful' Funding Cuts
While the One Big Beautiful Bill Act's funding cuts to the Consumer Financial Protection Bureau are unlikely to have an independent effect in the short run, they could exacerbate the existing issue of wide regulatory fluctuations in successive administrations in the longer run, say attorneys at Covington.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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4 In-Flux Employment Law Issues Banks Should Note
Attorneys at Ogletree provide a midyear update on employment law changes that could significantly affect banks and other financial service institutions — including federal diversity equity and inclusion updates, and new and developing state and local artificial intelligence laws.
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New DOJ Penalty Policy Could Spell Trouble For Cos.
In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.
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Influencer Marketing Partnerships Face Rising Litigation Risk
In light of recent class actions claiming that brands and influencers are misleading consumers with deceptive marketing practices — largely premised on the Federal Trade Commission's endorsements guidance — proactive compliance measures are becoming more important, say attorneys at Olshan Frome.
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5 Consumer Protection Compliance Issues In NY State Budget
Companies that engage with New York consumers should promptly familiarize themselves with new state budget provisions that require finance and retail companies to make certain business practices more transparent and easier for customers to execute, say attorneys at Mintz.
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High Court Cert Spotlights Varying Tests For Federal Removal
A recent decision by the U.S. Supreme Court to review Chevron v. Plaquemines Parish, a case involving the federal officer removal statute, highlights three other recent circuit court decisions raising federal removal questions, and serves as a reminder that defendants are the masters of removal actions, says Varun Aery at Hollingsworth.
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Open Banking Is On Ice As CFPB Seeks To Toss Its Own Rule
Even as the Consumer Financial Protection Bureau's efforts to toss its open banking rule play out in Kentucky federal court, it remains statutorily required to effectuate consumer access to data, raising questions about how it would replace the previously finalized standard, say attorneys at Cooley.
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Opinion
DOJ's HPE-Juniper Settlement Will Help US Compete
The U.S. Department of Justice settlement with Hewlett Packard Enterprise clears the purchase of Juniper Networks in a deal that positions the U.S. as a leader in secure, scalable networking and critical digital infrastructure by requiring the divestiture of a WiFi network business geared toward small firms, says John Shu at Taipei Medical University.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.
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Wells Fargo Suit Shows Consumer Protection Limits In Mass.
The Massachusetts Appeals Court's May decision in Wells Fargo Bank v. Coulsey underscores that consumer rights are balanced against the need for closure, and even the broad protections of state consumer protection law will not open the door to relitigating the same claims, say attorneys at Greenberg Traurig.
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Series
Ohio Banking Brief: All The Notable Legal Updates In Q2
Ohio's financial services sector saw several significant developments in the second quarter of 2025, including a case that confirmed credit unions' setoff rights, another that established contract rights between banks and cardholders, and the House passage of a digital asset bill, say attorneys at Frost Brown.
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Managing Risks As State AGs Seek To Fill Enforcement Gap
Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.