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Consumer Protection
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August 15, 2025
$111.25M Del. Settlement Proposed For Cencora Opioid Suits
Executives and board members of Cencora Corp. — formerly AmerisourceBergen — have tentatively settled for $111.25 million a Delaware Court of Chancery stockholder derivative suit accusing them of taking a "devil may care" attitude toward the illegal distribution of opioid painkillers at the center of a nationwide addiction epidemic.
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August 15, 2025
NY Fines Insurer Healthplex $2M Over Cybersecurity Failures
A dental insurance provider has agreed to pay a $2 million penalty and undergo an audit of its multifactor authentication controls in order to resolve the New York financial regulator's claims that its failure to implement robust cybersecurity safeguards led to an email phishing attack that exposed customers' sensitive data.
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August 15, 2025
AT&T Seeks Approval To Halt Copper Service After Thefts
AT&T is asking the Federal Communications Commission for emergency authorization to suspend its copper-based phone legacy service for 22 customers outside Dallas, claiming that service outages were caused by a series of copper thefts from its facilities in June.
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August 15, 2025
Judge Punts On ProPay Sanctions In TelexFree Suit
A Massachusetts magistrate judge sent a motion for sanctions against ProPay to a district judge for ruling, saying the payment company failed to take steps to preserve electronic documents but the plaintiffs hadn't proven its intent to destroy evidence in a case over its alleged involvement in TelexFree's "hybrid Ponzi-pyramid scheme."
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August 15, 2025
FCC Warns Of Possible $2.4M Pirate Radio Fines In Ill., Conn.
Someone is operating an illegal radio station on a residential street in Springfield, Illinois, and the Federal Communications Commission says it can and will fine the person responsible more than $2.4 million if they don't cut it out — and it's not the only one.
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August 15, 2025
Lyft Could Face Blame In Connecticut Ax Murder, Judge Says
Lyft Inc. might be liable after one of its drivers brought an "aggressive" passenger carrying a 3-foot ax to a residential neighborhood, where he murdered a woman in front of her children, a Connecticut federal judge said Friday in advancing a lawsuit brought by the victim's estate.
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August 15, 2025
Vape Cos. Urge 4th Circ. To Halt NC E-Cigarette Law
A coalition of vaping interests is urging the Fourth Circuit to find that a North Carolina law prohibiting the sale of e-cigarettes not approved by the U.S. Food and Drug Administration is blocked by federal policy.
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August 15, 2025
Google Asks 9th Circ. To Rethink Play Store Antitrust Ruling
Google urged the Ninth Circuit to reconsider a panel's decision to affirm a jury's findings that it monopolized the Android app market, saying the panel made several missteps when evaluating the claims and contended the injunction issued as a result of the verdict goes too far.
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August 15, 2025
La. Eyes Pause On Suit While Congress Mulls Future Of Hemp
Louisiana officials on Thursday asked a federal judge to pause a lawsuit challenging the state's hemp law while Congress considers the future of federal hemp policy.
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August 15, 2025
Bikers Say Suzuki Motorcycles Have Decades-Old Brake Defect
A proposed class of motorcycle buyers is alleging that Suzuki Motor of America Inc. has known but done nothing about a dangerous defect in its bikes' braking system for more than a decade.
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August 15, 2025
1st Wrongful Death Suit Filed In Deadly Mass. Rest Home Fire
The first of what are expected to be multiple wrongful death lawsuits stemming from a July 13 fire that killed 10 elderly and disabled residents of a Fall River, Massachusetts, assisted living facility was filed late Thursday in state court.
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August 15, 2025
DC Circ. Paves Way For Trump Admin To Resume CFPB Cuts
A D.C. Circuit panel on Friday tentatively cleared President Donald Trump's administration to carry out mass layoffs at the Consumer Financial Protection Bureau, rejecting a lower-court hold on those efforts but giving time for groups representing consumers and agency workers to request an appeal.
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August 14, 2025
Roblox Fails To Protect Kids From Predators, La. AG Says
Roblox is facing yet another lawsuit accusing it of putting children and teens in danger, this time pursued by the Louisiana Attorney General's Office, which alleged in a state lawsuit Thursday that the popular gaming platform facilitates child sexual abuse material and knowingly fails to shield children from predators.
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August 14, 2025
Banks Ask To Halt 'Unfair' Clock On CFPB Open Banking Rule
Bank trade groups are asking a Kentucky federal judge to freeze looming compliance deadlines for the Consumer Financial Protection Bureau's contested open banking rule as the agency revamps the measure, while opposing fintech groups called on the White House to block banks from charging them fees for the kind of data-sharing the rule mandates.
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August 14, 2025
Fla. Judge Won't Require Snap To Heed Teen Social Media Law
A Florida federal judge has rejected the state attorney general's bid to force Snap Inc. to comply with a new law that would limit the ability of teens to access the platform, holding that the state's challenge was unlikely to succeed in light of his prior ruling in a related case finding the measure to likely be unconstitutional.
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August 14, 2025
6th Circ. Upholds FCC's Telecom Data Breach Rules
The Sixth Circuit on Wednesday upheld the Federal Communications Commission's expanded data breach notification rules for telecommunications carriers, rejecting challenges from industry groups who said the 2024 changes were too similar to a 2016 FCC order that Congress rejected under the Congressional Review Act early the following year.
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August 14, 2025
9th Circ. Won't Revive 3M Worker's Noncompete Dispute
The Ninth Circuit on Thursday declined to revive a former 3M Co. employee's lawsuit over a noncompete provision in his employment contract, agreeing with a Washington federal court's finding that the complaint failed to allege 3M actually enforced or leveraged the noncompete in violation of state law.
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August 14, 2025
Grindr Says Section 230 Shields It From Teen Death Suit
Dating app Grindr told a Florida federal judge Wednesday that Section 230 of the Communications Decency Act shields it from claims it negligently allowed a 16-year-old to access the platform and caused her to be matched with a 35-year-old man who is accused of murdering her.
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August 14, 2025
Truist Settles Class Claims Over Third-Party Data Trackers
Truist Financial Corp. has settled a proposed class action accusing the company of embedding third-party trackers on its website for companies like Meta and Google to use to monetize user data through advertising, according to a joint settlement notice filed Thursday in California federal court.
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August 14, 2025
SpaceX Calls Va. Broadband Funding Plan 'Wasteful'
SpaceX criticized Virginia over its spending plan for the $1.48 billion in broadband funding it's set to receive from the BEAD program, saying the state "has put its heavy thumb on the scale in favor of expensive, slow-to-build fiber bias" over satellite.
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August 14, 2025
AGs Urge Meta To 'Prioritize Safety' With Location Feature
A bipartisan coalition of more than three dozen state attorneys general is calling on Meta Platforms Inc. to strengthen the privacy and security safeguards for a new location tracking feature that recently debuted on Instagram, arguing that the social media giant has a duty "to prioritize user safety over product novelty."
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August 14, 2025
Dental Clinic Privacy Breach Claims Not Covered, Insurer Says
A dental practice's insurer told an Illinois federal court it should owe no coverage in an underlying proposed class action accusing the practice of transmitting patients' sensitive personal information to Alphabet Inc. via the business's online scheduling platform, arguing an exclusion concerning "personal information" applies.
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August 14, 2025
Del. Challenge To Squarespace Doc Suit Toss Moves Forward
A Delaware vice chancellor on Thursday ordered an October hearing over stockholder exceptions to a posttrial dismissal of a lawsuit for records on Squarespace Inc.'s $7.2 billion take-private deal, following objections that the ruling "would require the court to possess impossible prescience."
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August 14, 2025
Ex-Payday Lender CEO Gets 7 Years For $66M Ponzi Scheme
The former CEO of a Miami payday loan company was sentenced Thursday to more than seven years in prison for operating a Ponzi scheme that prosecutors say fraudulently raised $66 million from more than 600 investors.
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August 14, 2025
FCC Member Sees Special Authority As Key To Defense Tech
The Federal Communications Commission could increasingly use its legal authority to temporarily authorize radio licenses as a way to test new wireless networks that bolster national security, an agency member said.
Expert Analysis
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Canadian Suit Offers Disclosure Lesson For US Cannabis Cos.
A Canadian class action asserting that Aurora Cannabis failed to warn consumers about the risk of developing cannabinoid hyperemesis syndrome may spawn copycat filings in the U.S., and is a cautionary tale for cannabis and hemp industries to prioritize risk disclosure, says Ian Stewart at Wilson Elser.
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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.