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Consumer Protection
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June 17, 2025
Ex-Low Power TV Owner Hit With $188K In Fines
A Federal Communications Commission administrative law judge has slapped the former licensee of Hispanic Christian Community Network with $188,000 in fines, finding the man paid "utterly no attention ... to statutory and regulatory responsibilities."
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June 17, 2025
FTC Clarifies Auto Dealers' Duties Under Data Security Rule
The Federal Trade Commission has issued guidance to assist automobile dealers in complying with the agency's financial data security rule, stressing that their obligations to safeguard customers' nonpublic information doesn't end when their business relationship terminates.
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June 17, 2025
Ex-Yankee Makes Final Pitch To Jury In Moldy Mansion Suit
A retired New York Yankees third baseman incurred hundreds of thousands of dollars in costs after he rented a Connecticut mansion that turned out to have a mold problem, and his landlord should pay up after failing to act quickly, his attorney told a federal jury in Hartford on Tuesday.
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June 17, 2025
5th Circ. Finds $37M For PPE Delivery Problems Went Too Far
The Fifth Circuit on Monday kept partially intact a $37 million award the Federal Trade Commission secured against a drop-shipping company, but found part of the award went too far because it fully refunded customers for COVID-19 protective gear that was delivered late.
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June 17, 2025
Nissan Asks Justices To Void Certified Sunroof Defect Classes
Nissan North America Inc. has asked the U.S. Supreme Court to unravel certified classes of drivers alleging the automaker sold vehicles with defective panoramic sunroofs, saying the Ninth Circuit endorsed a "grossly unfair" standard that allows uninjured plaintiffs to level inflated class claims against corporate defendants.
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June 17, 2025
Nixon Peabody Taps Fintech-Focused Attys From K&L Gates
Two longtime K&L Gates LLP fintech and financial services partners have joined Nixon Peabody LLP in the firm's complex disputes practice.
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June 17, 2025
Tesla Knocks Insurance Deception Claim From Ill. Defect Fight
A Tesla driver pursuing unfair practice claims over an alleged "phantom braking" defect in the Model 3 has still not sufficiently alleged the electric-car maker knowingly misrepresented its insurance pricing practices, an Illinois federal judge said Tuesday, holding the driver to an omission-based claim she previously allowed to proceed.
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June 17, 2025
Energy Co. Says Lease Differences Undermine Class Cert. Bid
A proposed class of XTO Energy Inc. lease holders have claimed they were uniformly overcharged for gathering and processing gas from their properties, but experts for the energy company testified Tuesday that their leases were too different to be certified as a class, and there was no better bargain available for the services.
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June 17, 2025
FCC Says Tribe's New Radio Station Reach Can Fall Short
The Northern Arapaho Tribe of Wyoming will be getting a new radio station after the FCC granted the tribe a waiver that will let it bypass a requirement that it cover 50% of the reservation, which is bigger than Delaware and Rhode Island put together.
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June 17, 2025
CFPB's Vought Seeks To Limit Use Of Civil Penalty Fund
Consumer Financial Protection Bureau acting Director Russell Vought is proposing to restrict the agency's ability to tap its civil penalty fund for consumer education and financial literacy initiatives as part of a trio of draft regulatory changes posted online Tuesday.
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June 17, 2025
Amazon Sold Bike That Paralyzed Man, Suit Claims
A man who became paralyzed from the waist down after the foldable electric bicycle he was using collapsed is suing the manufacturer and Amazon.com Inc., claiming both companies were negligent in making and selling the bike, according to a lawsuit filed in California state court.
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June 17, 2025
Senate Confirms Trump's FCC Nominee, Giving GOP Majority
The U.S. Senate confirmed Olivia Trusty to the Federal Communications Commission on Tuesday, providing Republicans a 2-1 majority on the telecom regulatory body five months after President Donald Trump named her for the seat.
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June 17, 2025
Hemp Interests Urge Court To Halt Md. Licensing Policy
A group of Maryland hemp interests is urging a federal court to halt enforcement of a state policy which would require retailers to obtain recreational cannabis licenses to buy and sell hemp products, which they say is impossible to do.
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June 17, 2025
Ohio High Court Allows Challenge To Duke Gas Rate Increase
Ohio's utility consumer advocate filed a timely appeal to challenge a regulator's approval of a Duke Energy Ohio Inc. rate increase for natural gas customers, the Ohio Supreme Court ruled Tuesday, denying Duke's bid to have the case dismissed.
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June 17, 2025
Sunglass Suit Tossed After 11th Circ. Nixes $40M Deal
A Florida federal judge on Tuesday threw out a proposed class action alleging Costa Del Mar Inc. misled buyers about its sunglasses' lifetime warranty, saying the court doesn't have subject matter jurisdiction over the claims.
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June 17, 2025
Democrats Probe Palantir About IRS Taxpayer Database
Ten Democratic lawmakers demanded information Tuesday from the head of Palantir Technologies Inc. about media reports that the software company is working with the IRS to create a searchable database containing sensitive taxpayer information — claims the company denied almost immediately.
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June 17, 2025
Drivers Can't Get Class Cert. For Undervaluation Claims
A Massachusetts state court justice on Tuesday declined to certify a class of drivers who say they were underpaid for the value of their "totaled" vehicles, saying the case against The Commerce Insurance Co. requires individualized inquiry.
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June 17, 2025
Packaging Co. Ex-Worker's Genetic Privacy Suit Dropped
A former employee claiming a food packaging company unlawfully asked her and other prospective workers about their family medical history have agreed to drop a lawsuit alleging her ex-employer violated Illinois' privacy law, according to a joint filing in Illinois federal court.
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June 17, 2025
Four More Women Appeal NIL Deal Over Title IX Objections
Four additional former and current women college athletes, including one of the most decorated lacrosse players of all time, have filed notice of their intent to appeal the NCAA's $2.78 billion name, image and likeness compensation settlement to the Ninth Circuit, objecting to the deal's disproportionately low allocation of money to women.
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June 17, 2025
Senate Bill Could Hike Taxes On Litigation Funding Profits
Sen. Mike Crapo, R-Idaho, chair of the Senate Finance Committee, released the committee's budget reconciliation proposal Monday evening, which includes proposed reforms to third-party litigation funding.
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June 17, 2025
Firms Fight To Rep End Users In PVC Pipe Antitrust Row
Several law firms are duking it out for a lead counsel appointment representing a new class of end-user plaintiffs in consolidated litigation accusing PVC pipe companies of using a commodity pricing service to exchange information and illegally fix prices, with Pearson Warshaw LLP, Kirby McInerney LLP, Fegan Scott LLC and Levin Sedran & Berman LLP making bids.
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June 17, 2025
Google Opposes Advertisers' Ad Tech Class Cert Bid
Google told a New York federal court that the advertiser seeking to represent a class of more than 2 million members in multidistrict litigation accusing the tech giant of monopolizing key digital ad technology spent less than $500 on Google Ads during the class period.
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June 17, 2025
Squire Patton Hires TikTok Product Privacy Pro In Sydney
Squire Patton Boggs has added a data protection and regulatory attorney in Sydney, Australia, who previously served as TikTok's product privacy lead in the Asia Pacific region and in emerging markets, the firm has announced.
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June 17, 2025
Gemini Says CFTC Enforcement Went 'Trophy-Hunting' In Suit
The crypto exchange Gemini on Tuesday slammed the U.S. Commodity Futures Trading Commission's Enforcement Division and the attorneys who pursued a now-settled case against the firm, calling the division "out of control" and accusing its attorneys of engaging in "trophy-hunting lawfare."
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June 17, 2025
Meta Can't Nix FTC's Lead Econ Expert From Antitrust Trial
A D.C. federal judge on Tuesday refused to exclude testimony by the Federal Trade Commission's lead economics expert during an antitrust trial over Meta's acquisitions of WhatsApp and Instagram, finding Meta already had the chance to question if he was biased and that it wouldn't improperly influence a jury since it's a bench trial.
Expert Analysis
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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4th Circ. Health Data Ruling Opens Door To State Law Claims
In Real Time Medical v. PointClickCare, the Fourth Circuit recently clarified that state law claims can rest in part on violations of a federal law that prohibits electronic health information blocking, expanding legal risks for health IT companies and potentially creating exposure to a range of competitive implications, say attorneys at BCLP.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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3 Action Items For Innovators Amid Fintech Regulatory Pivot
As the federal banking agencies seek to smooth the way for banks to engage in crypto-related activities, banks and technology companies should take note of this new chapter in payments services, especially as leadership in digital financial technology becomes a national priority, says Jess Cheng at Wilson Sonsini.
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Opinion
GENIUS Act Can Bring Harmony To Crypto-Banking Discord
By embracing crypto innovation while establishing appropriate guardrails, the so-called GENIUS Act charts a path forward that promotes financial inclusion and technological advancement without compromising stability or constitutional rights, says J.W. Verret at George Mason University's Antonin Scalia Law School.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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23andMe Case Highlights Privacy Complexities In Ch. 11
Attorneys at Pryor Cashman discuss the interplay between a sale of personally identifiable information and bankruptcy law in light of genetics and health company 23andMe's recent filing for Chapter 11 relief.
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Mass. AG Emerges As Key Player In Consumer Protection
Through enforcement actions and collaborations with other states — including joining a recent amicus brief decrying the defunding of the Consumer Financial Protection Bureau — Massachusetts Attorney General Andrea Campbell has established herself as a thought leader for consumer protection and corporate accountability, say attorneys at Troutman Pepper.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q1
Among the most notable developments in California banking in the first quarter of the year, regulators and legislators issued regulations interpreting debt collection laws, stepped up enforcement actions, and expanded consumer protections for those affected by wildfires, says Stephen Britt at Severson & Werson.
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Inside State AGs' Arguments Defending The CFPB
Recent amicus briefs filed by a coalition of 23 attorneys general argue that the Trump administration's efforts to dismantle the Consumer Financial Protection Bureau will irreparably harm consumers in several key areas, making clear that states are preparing to fill in any enforcement gaps, say attorneys at Kelley Drye.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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In-House Expert Testimony Is Tricky, But Worth Considering
Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.