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Consumer Protection
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May 07, 2025
Liberty Mutual Must Pay $1.3M Crash Verdict, Woman Says
A woman who won a $1.3 million verdict against a Liberty Mutual insured over a car crash said the insurer is now on the hook for the award, telling a Connecticut federal court the insurer could and should have resolved the suit within policy limits.
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May 07, 2025
9th Circ. Affirms FTC Loss In Microsoft-Activision Case
The Ninth Circuit on Wednesday affirmed a lower court's ruling in a Federal Trade Commission case that refused to block Microsoft's $68.7 billion acquisition of game developer Activision Blizzard Inc.
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May 06, 2025
Dems Exit Hearing After Calling For Crypto Conflict Limits
House Democrats continued to call for coming digital asset legislation to limit potential conflicts of interest in light of the Trump family's crypto ventures at a Tuesday joint hearing between the financial services and agriculture committees that saw some members walk out in opposition.
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May 06, 2025
Whole Foods Beef Buyers Urge Judge Not To Wait On Justices
An attorney for a group of consumers alleging Whole Foods falsely advertises its beef as free from antibiotics urged a California federal judge Tuesday not to wait for a pending U.S. Supreme Court ruling about class certification standards for uninjured members, saying that all the purchasers were injured because they paid inflated prices.
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May 06, 2025
DC Circ. Sides With BofA In COVID Market Loss 'Uphill Battle'
The D.C. Circuit on Tuesday refused to revive a Bank of America client's suit claiming the bank should've tried to stop him from dumping his investments when the market tanked at the beginning of the pandemic, finding the bank is shielded by an investment contract and calling his claims an "uphill battle."
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May 06, 2025
Mobile Cos. Ramp Up Call For Spectrum, But Face Hurdles
The nation's mobile service providers on Tuesday pushed for more midband spectrum to fuel the wireless industry, even as key policymakers worried Congress could act too hastily to commercialize airwaves the military needs for defense operations.
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May 06, 2025
Fla. Judge Limits Evidence Time Frame In Disney 'Wedgie' Suit
A Florida state court judge Tuesday denied a bid requiring Disney to show more than a decade of injuries on a water slide in a woman's lawsuit alleging she needed surgery after receiving a "painful wedgie" from the attraction, limiting the time frame to three years prior to her incident.
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May 06, 2025
Quarles & Brady Adds New IP, Real Estate Partners
Quarles & Brady LLP has welcomed a Milwaukee-based intellectual property litigator from Quinn Emanuel Urquhart & Sullivan LLP and a Phoenix-based real estate and public finance attorney from Ice Miller LLP.
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May 06, 2025
Emory Parent's COVID Tuition Refund Suit Axed Over Standing
A Georgia federal judge threw out a proposed class action filed by the father of an Emory University student seeking a refund over the university's closures during the COVID-19 pandemic, finding only the student had the right to sue.
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May 06, 2025
Eucerin Lotions Contain Synthetic Moisturizers, Suit Says
The company that sells Eucerin lotion illegally markets several of its lotions to claim they contain "natural moisturizing factors" even though they contain synthetic moisturizers, an Illinois consumer claimed in state court Monday.
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May 06, 2025
Mars Dog Food Has Dangerous Vitamin D Levels, Suit Says
Mars Petcare's Pedigree brand of kibble is falsely marketed as a "100% Complete & Balanced" diet for pets despite containing dangerous levels of vitamin D that leads to vomiting and diarrhea in dogs, according to a recently filed proposed class action in Tennessee federal court.
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May 06, 2025
NY Says Owner Has To Sell Ski Resort After Antitrust Loss
A New York ski resort operator who a state judge has ruled violated antitrust law by buying a rival and shutting it down should have to sell off one of its properties, preferably the one it shut down, so it can be reopened for next winter, the Empire State is arguing.
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May 06, 2025
Experian Trims But Can't Ditch CFPB's Credit Reporting Suit
Experian must continue facing the U.S. Consumer Financial Protection Bureau's lawsuit accusing it of mishandling consumer credit reporting disputes as a California federal judge on Monday tossed some but not all of the bureau's claims against the credit reporting agency.
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May 06, 2025
Google Says DOJ's Monopoly Fixes Could Reveal 'Essential IP'
The head of Google's search engine warned a D.C. federal judge Tuesday that the U.S. Department of Justice's proposed data sharing mandates would allow rivals to clone nearly everything that makes up Google, dramatically changing the company's incentives to innovate and pulling away key resources.
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May 06, 2025
Autonomous Cars Get Regs Jumpstart, But Long Road Ahead
Federal and California regulators recently proposed new rules carrying the promise of boosting development of the next generation of cars that can drive themselves, but the U.S. is still a ways from seeing wide-scale commercial deployment, despite a growing number of robotaxis and autonomous trucks popping up in cities, experts say.
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May 06, 2025
Ga. Court Axes Web Tracking Class Action Against Hospital
A Georgia hospital has defeated a putative class action alleging that it allowed Meta Platforms Inc.'s Pixel software to pilfer the data of thousands of patients who accessed its websites, as a state court judge ruled the suit relied on "conclusory" theories and alleged only the prospect that patients' information could be compromised.
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May 06, 2025
4th Circ. Affirms Win For Ariz. Law Firm In 'Sham' TCPA Suit
The Fourth Circuit on Tuesday upheld a lower court's decision to vacate a $2 million jury award against a Phoenix-based law firm, saying the dozens of Telephone Consumer Protection Act cases the firm brought against a student loan servicer shouldn't be considered "sham litigation" as the jury initially held.
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May 06, 2025
Honda Can't Toss Suit Over Defective Infotainment System
An Illinois federal judge won't fully dismiss a proposed class action from a woman alleging that her 2020 Honda Pilot was sold with a defective infotainment system, finding that she has standing to pursue monetary damages, but not an injunction because she no longer has the vehicle.
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May 06, 2025
FTC Commissioner Throws Cold Water On Antitrust Defenses
Newly minted Federal Trade Commissioner Mark R. Meador criticized several arguments frequently raised in antitrust cases during a speech Monday, including that company breakups are too extreme and that innovation can justify anticompetitive conduct.
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May 06, 2025
Diageo Overstates Agave Content In Tequilas, Suit Says
Global liquor giant Diageo North America falsely advertises its Casamigos and Don Julio beverages as containing 100% tequila agave, despite that the distilled spirits are adulterated with significant amounts of cane or other types of alcohol, according to a proposed class action filed Monday in New York federal court.
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May 06, 2025
Morgan Stanley Says SEC Has Closed Cash Sweep Probe
The U.S. Securities and Exchange Commission has ended an investigation into Morgan Stanley's cash sweep program without recommending an enforcement action, the bank told investors.
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May 06, 2025
CFPB Abandons Enforcement Of Buy Now, Pay Later Rule
The Consumer Financial Protection Bureau announced Tuesday that it will not prioritize enforcement actions taken on buy now, pay later products, adding to the list of positions the agency is reviewing or rolling back under the organization's new leadership.
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May 06, 2025
Ill. Judge Trims False Ad Suit Over Smartfood Popcorn
An Illinois federal judge on Monday partially granted a bid by PepsiCo to dismiss a putative class action alleging popcorn made by subsidiary Smartfoods Inc. was deceptively marketed as containing no artificial flavors or preservatives, when it contains maltodextrin, while saying the plaintiffs had done enough at this stage to allege the ingredient is an artificial preservative.
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May 06, 2025
Treasury Bans Burmese Militia Group From US Business Deals
The U.S. Department of the Treasury sanctioned Burmese militia group the Karen National Army, its leader Saw Chit Thu and his sons Saw Htoo Eh Moo and Saw Chit Chit, banning them from doing business with any American entity or individuals.
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May 06, 2025
Google Calls Proposed Ad Tech Breakup 'Unworkable'
Google has told a Virginia federal court that fixes being proposed by enforcers in the ad tech monopolization case calling for the sale of its ad exchange and publisher-side tool are legally inappropriate and practically "unworkable."
Expert Analysis
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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.
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Reconciling 2 Smoke Coverage Cases From California
As highlighted by a California Department of Insurance bulletin clarifying the effect of two recent decisions on insurance coverage, the February state appellate ruling denying coverage for property damage from smoke, ash and soot should be viewed as an outlier, say attorneys at Reed Smith.