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Consumer Protection
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July 01, 2025
Justices Face Busy Summer After Nixing Universal Injunctions
The U.S. Supreme Court's decision to limit nationwide injunctions was one of its biggest rulings of the term — a finding the court is likely going to be dealing with all summer. Here, Law360 takes a look at the decision, how it and other cases on the emergency docket overshadowed much of the court's other work, and what it all means for the months to come.
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July 01, 2025
Mobile Cos. Applaud Senate Revival Of Spectrum Auctions
The wireless industry on Tuesday praised the Senate's narrow passage of a budget reconciliation package that directs the federal government to identify and auction hundreds of megahertz of electromagnetic spectrum for private companies' use.
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July 01, 2025
Hurricane Beryl Lawsuits Combined Into MDL
The Texas Multi-District Litigation Panel has agreed to consolidate cases stemming from a July 2024 hurricane into an MDL.
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July 01, 2025
Oppenheimer Drops Suit Over Ex-Adviser's Ponzi Scheme
Oppenheimer & Co. Inc. has dropped its suit against three North Carolina residents challenging whether they are entitled to arbitrate their case against the financial services giant over a Ponzi scheme orchestrated by a former employee, court records show.
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July 01, 2025
Texas Law Shield Must Face Revived Client Solicitation Suit
A Texas appeals court has revived an anti-barratry lawsuit accusing a legal organization that advises people hit with firearms-related actions of illegally and unethically marketing attorney services during a training session on active shooters in late 2022, finding that fact issues raised in the case had not been addressed.
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July 01, 2025
NY AG Urges Lawmakers To Strengthen Stablecoin Legislation
New York's Attorney General Letitia James is calling on U.S. lawmakers to strengthen pending bills to regulate so-called stablecoins in a letter made public Tuesday that argued neither the House nor the Senate's proposals contain the necessary guardrails to protect consumers.
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July 01, 2025
7th Circ. Backs Walmart's 'Raw Honey' False Ad Dismissal Win
A Walmart customer who accused the retail giant of falsely labeling processed honey as raw or organic "pled himself out of court" by acknowledging the product's higher chemical compound levels could have other obvious explanations beyond simply overheating, the Seventh Circuit said Tuesday.
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July 01, 2025
House Report Says Ad Group Colluded With Foreign Gov'ts
The World Federation of Advertisers' digital safety initiative targeted conservative voices with a digital advertising pressure campaign meant to "undermine American civil liberties" and "limit" consumer choice up until the project's discontinuation last year, according to a new report from the Republican-controlled House Judiciary Committee.
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July 01, 2025
Proxy Firms Don't 'Solicit' Investor Votes, DC Circ. Rules
A D.C. Circuit panel Tuesday ruled that proxy advisory firms do not "solicit" proxy votes, thus denying a manufacturing industry group's attempt to revive a U.S. Securities and Exchange Commission rule regulating those firms.
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July 01, 2025
Pool Co. Can Sell Off Inventory On Amazon Despite Sales Ban
A bankrupt swimming pool equipment company can sell off its remaining inventory on Amazon notwithstanding a contempt order that largely bans its Chinese parent company from selling products in the United States, a North Carolina federal judge has ruled.
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July 01, 2025
2nd Circ. Scrubs $4M Wet Wipes Settlement Over Atty Fees
The Second Circuit on Tuesday vacated a $4 million settlement agreement to end claims that wet wipes made by Kimberly-Clark Corp. are not flushable as advertised, saying the trial court didn't properly consider the allocation of recovery between class counsel and the class.
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June 30, 2025
Ill. Judge Skeptical Of Grouping Buyers' THC Potency Suits
An Illinois federal judge seemed unsure Monday that consolidation is right for a group of false advertising suits claiming various cannabis companies illegally mislabel their vapable oil products, saying an omnibus dismissal ruling may not be enough to find such a move warranted.
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June 30, 2025
Proton Joins Fight Over Alleged Apple App Store Monopoly
Swiss technology company Proton on Monday filed its own proposed class action accusing Apple of monopolizing the markets for iOS app distribution and payment processing, saying this latest suit is needed to ensure Apple changes its App Store policies and permanently end the alleged anticompetitive behavior.
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June 30, 2025
TD Bank Suit Doesn't Link Data Sharing To Harm, Judge Says
TD Bank has escaped a proposed class action alleging it wrongfully shared customers' personal information with Meta Platforms Inc. for marketing purposes, with a judge ruling that the plaintiff failed to allege what sensitive financial information belonging to him was improperly disclosed.
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June 30, 2025
DC Circ. Tosses Conn. LPTV Station's Licensing Challenge
A D.C. Circuit panel rejected a Connecticut television licensee's challenge to the eligibility criteria used to determine which stations qualify for small-market protections provided under a federal law aimed at safeguarding local and rural broadcasting.
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June 30, 2025
FCC To Screen Regulatory Offenses For Criminal Liability
The Federal Communications Commission has outlined criteria to decide when regulatory offenses should lead to criminal liability, responding to a White House executive order issued to federal agencies in May.
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June 30, 2025
Judge Urges DOJ, Assa Abloy To Reach Deal On Extension
A D.C. federal court urged the U.S. Department of Justice and Assa Abloy on Monday to reach an agreement over a request from Fortune Brands Home & Security to extend a supply agreement that was part of a 2023 merger settlement.
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June 30, 2025
Vaping Interests Can't Pause New NC E-Cigarette Law
North Carolina officials can proceed with enforcing a law that could prevent the sale of many types of e-cigarettes, a federal judge ruled, rejecting industry arguments that the law runs afoul of the U.S. Constitution's supremacy clause by having state officials enforce federal tobacco law.
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June 30, 2025
FCC Delays Deadlines To Cap Prison Phone Rates
The Federal Communications Commission on Monday temporarily waived compliance deadlines for its contested new prison phone rate caps until April 2027.
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June 30, 2025
Pa. Joins States Requiring Licenses For Crypto Exchanges
Businesses that enable the transfer of cryptocurrency will soon be required to meet the same bar as money transmitters in the state of Pennsylvania under a newly signed state law.
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June 30, 2025
Meta Gets Court To Pause Its Challenge To FTC Privacy Order
A D.C. federal judge has agreed to pause Meta's constitutional challenge to the Federal Trade Commission's effort to block the company from monetizing children's data, giving other courts hearing separate cases time to weigh in on the commission's structure and an injunction requested by the company before ruling on dismissal.
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June 30, 2025
Fintech Group Goes To Bat For CFPB's Open Banking Rule
A top fintech trade group has fired back in defense of a Biden-era open banking rule that bank groups and the Consumer Financial Protection Bureau want struck down in Kentucky federal court, accusing them of twisting the law in a flawed effort to kill off the regulation.
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June 30, 2025
Anthem, Blue Cross Sue Ga. Co. Over Alleged Insurance Scam
A Georgia healthcare analytics company has been hit with a lawsuit from Blue Cross Blue Shield and Anthem Insurance Cos. accusing the company of infringing the health insurance giants' trademarks by offering bogus policies that have no affiliation with any actually existing plan.
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June 30, 2025
4 Mass. Rulings You May Have Missed In June
A now-shuttered Boston firm scored a win in a legal malpractice lawsuit by a youth soccer program, while a securities brokerage found that the old adage "if at first you don't succeed, try, try again" doesn't apply to litigation, among other recent noteworthy decisions in Massachusetts state court.
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June 30, 2025
DraftKings Hammers Away At Suit Disputing Voided NBA Bets
DraftKings is looking to sink a proposed class action that an aggrieved customer brought alleging the online betting giant cheated him out of a six-figure payout by canceling wagers he placed with faulty odds, telling an Indiana federal judge the lawsuit's central claims are "untenable."
Expert Analysis
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4 States' Enforcement Actions Illustrate Data Privacy Priorities
Attorneys at Wilson Elser examine recent enforcement actions based on new consumer data privacy laws by regulators in California, Connecticut, Oregon and Texas, centered around key themes, including crackdowns on dark patterns, misuse of sensitive data and failure to honor consumer rights.
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Google Ad Tech Ruling Creates Antitrust Uncertainty
A Virginia federal court’s recent decision in the Justice Department’s ad tech antitrust case against Google includes two unusual aspects in that it narrowly construed U.S. Supreme Court precedent when rejecting Google's two-sided market argument, and it found the company liable for unlawful tying, say attorneys at Ballard Spahr.
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Series
Brazilian Jiujitsu Makes Me A Better Lawyer
Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.
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Birthright Ruling Could Alter Consumer Financial Litigation
The U.S. Supreme Court’s upcoming decision about the validity of the nationwide injunctions in the birthright citizenship cases, argued on May 15, could make it much harder for trade associations to obtain nationwide relief from the Consumer Financial Protection Bureau's enforcement of invalid regulations, says Alan Kaplinsky at Ballard Spahr.
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Oft-Forgotten Evidence Rule Can Be Powerful Trial Tool
Rule 608 may be one of the most overlooked provisions in the Federal Rules of Evidence, but as a transformative tool that allows attorneys to attack a witness's character for truthfulness through opinion or reputation testimony, its potential to reshape a case cannot be overstated, says Marian Braccia at Temple University Beasley School of Law.
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FDA Commissioner Speech Suggests New Vision For Agency
In his first public remarks as U.S. Food and Drug Administration commissioner, Marty Makary outlined an ambitious framework for change centered around cultural restoration, scientific integrity, regulatory flexibility and selective modernization, and substantial enforcement shifts for the food and tobacco sectors, say attorneys at Arnall Golden.
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Signed, Sealed, Deleted: A Look At The California Delete Act
The California Delete Act, proposed Delete Request and Opt-Out Platform regulations, and California Privacy Protection Agency enforcement raise a number of compliance considerations — even for data brokers that have existing deletion processes in place, say attorneys at Hunton.
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AG Watch: Texas Expands Use Of Consumer Protection Laws
In recent years under Attorney General Ken Paxton, Texas has demonstrated the breadth of its public interest authority by bringing actions in areas not traditionally associated with consumer protection law, including recent actions involving sports and public safety, say attorneys at Kelley Drye.
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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Fledgling Crypto ATM Regs May Be Due For A Growth Spurt
As cryptocurrency ATM use and availability become more prevalent within the U.S. financial services ecosystem, states — only a few of which currently have a crypto ATM framework — may need to consider expanding legislation and regulation to accelerate consumer fraud protection practices, says Jason Noto at Polsinelli.
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The Legal Risks Of US Restrictions On Investments In China
The second Trump administration has continued to embrace a more restrictive economic policy toward China, including an ongoing review of further restrictions on the flow of U.S. capital to China, so early planning and enhanced diligence can reduce exposure to the challenges resulting from further restrictions, say attorneys at Cleary.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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Opinion
Counterfeiting Cases Could Alter TM Law, Hurt Resale Market
Trademark infringement litigation brought by Nike and Chanel against resale platforms could reshape the first-sale doctrine, with the future of the $49 billion luxury fashion resale market at stake, says attorney Charles Meyer.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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How NY's FAIR Act Mirrors CFPB State Recommendations
New York's proposed FAIR Business Practices Act, which targets predatory lending and junk fees, reflects the Rohit Chopra-era Consumer Financial Protection Bureau's recommendations to states in a number of ways, including by defining "abusive" conduct and adding a new right to file class actions, says Christian Hancock at Bradley Arant.