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Consumer Protection
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June 24, 2025
Cable Cos. Push For Faster 'Self-Help' To Upgrade Poles
Broadband providers need authority to quickly hire their own contractors to upgrade poles for service attachments if utilities that own the infrastructure can't get the work done quickly enough, a cable lobbying group told the Federal Communications Commission.
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June 24, 2025
CMA Outlines Potential Fixes For Google Search In UK
Britain's competition authority on Tuesday proposed applying the country's new digital markets regime to Google's search service and said it is considering potential interventions, including requiring choice screens and setting rules for search rankings.
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June 24, 2025
Judge Trims Homebuyer Antitrust Claims Against Brokerage
A Pennsylvania federal judge found homebuyers showed enough to continue claims that brokerage Hanna Holdings effectively inflated costs for buyers by following rules set by the National Association of Realtors, even while rejecting claims that the firm colluded with competitors.
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June 24, 2025
Father Sues Truck Manufacturer Over Son's Death From Heat
The father of a delivery driver is suing truck manufacturer Morgan Olson LLC in Michigan federal court, alleging that its trucks are defectively designed with cargo compartments without any climate control and that the high temperatures in the trucks led to his son's death.
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June 23, 2025
GOP Plan For Merging Agencies Faces Reckoning, And Alarm
The Senate parliamentarian has given a thumbs-down to a Republican budget proposal that would allow President Donald Trump to unilaterally eliminate agencies through mergers and consolidation, adding to what experts say are a host of problems with the little-noticed provision.
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June 23, 2025
Visa Defeats Class Claims Over Third-Party Gift Card Scams
A New York federal judge on Monday threw out a proposed class action accusing Visa of knowingly peddling gift cards that are susceptible to scams, ruling that "no reasonable consumer would fail to recognize the possibility that a gift card they bought may be subject to a third-party scam."
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June 23, 2025
Monsanto Settles With Families After 11th Seattle PCB Trial
Monsanto settled a tort case on Monday brought by 22 people who claim that they were poisoned by chemicals known as PCBs at a Washington school, ending jury deliberations following a nine-week trial in state court.
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June 23, 2025
NC Restarts $1.5B Broadband Program After Fed Revamp
North Carolina says it will be overhauling its $1.5 billion state broadband deployment program this summer to comply with the Trump administration's restructuring of the $46.5 billion federal program.
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June 23, 2025
Feds OK License Transfers To Navigation Co. Subsidiary
A unit of 3D geolocation service NextNav has gotten the green light from the Federal Communications Commission to take over licenses for location services previously owned by Telesaurus Holdings.
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June 23, 2025
Judge Lets Trimmed Crocs Shrinkage Suit Proceed
Consumers who sued Crocs Inc. claiming their shoes shrank under normal heat and exposure to the sun saw their claims partially trimmed by a California federal judge, who said the buyers haven't pointed to specific ads that say the footwear is made for sunny days.
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June 23, 2025
Trump Admin Says Justices' Ruling Should Kill SSA Data Suit
The Trump administration is looking to scrap a union-brought challenge to the Department of Government Efficiency's ability to access Americans' Social Security information, telling a Maryland federal judge that the U.S. Supreme Court's recent pausing of an injunction won by the unions shows the administration's position is strong.
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June 23, 2025
Samsung Back On Hook To Pay $10M Over Exploding Battery
Samsung Electronics America Inc. is back on the hook for a $10 million default judgment won by a Georgia man who alleged one of its batteries exploded in his e-cigarette, after a state appellate panel said Monday a trial court wrongly found the suit should have been filed in a different county.
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June 23, 2025
FTC Tells Court Not To Pause Meta's Privacy Order Challenge
The Federal Trade Commission is pushing back on Meta's request to stay the company's constitutional challenge to the commission's bid to bar the Facebook parent from monetizing children's data for 90 days, saying Meta has done nothing to show it could be harmed by continuing the case.
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June 23, 2025
Permit Delays Out Of Hand, Telecom Biz Tells Interior Dept.
Telecom providers are still having a tough time getting federal permits approved for broadband projects, with the Bureau of Land Management causing severe delays, the industry's main trade group told the U.S. Department of the Interior.
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June 23, 2025
Olaplex Cites Slack Ruling In Attempt To Curtail Investor Suit
Hair care brand Olaplex is urging a California federal judge not to certify a class of investors who allege the company failed to flag a regulatory risk ahead of its initial public offering, arguing that "at a minimum" the proposed class should be narrowed under the rubric of the U.S. Supreme Court's 2023 Slack decision.
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June 23, 2025
Media Matters Sues FTC Over 'Retaliatory' Probe
Media Matters filed a lawsuit against the Federal Trade Commission in D.C. federal court on Monday, asking a judge to shut down the agency's "retaliatory" investigation into the left-leaning media watchdog's reporting on Elon Musk's social media platform X, formerly Twitter.
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June 23, 2025
Fed Joins Peers In Axing Reputational Risk As Exam Factor
The Federal Reserve Board on Monday became the latest regulator to announce that it will no longer consider reputational risk in its examination programs for the supervision of banks.
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June 23, 2025
Google Foes Try To Hold Co. To DOJ's Ad Tech Win
Website publishers, advertisers and others asked a New York federal court to all but seal Google's fate in their multidistrict litigation targeting the company's advertising placement technology business by holding it to the liability findings against the search giant previously won by the U.S. Department of Justice.
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June 23, 2025
X Nears Deal In Contract, Antitrust Fight With Data Scraper
A California federal judge overseeing litigation launched by X Corp. accusing data scraper Bright Data Ltd. of improperly accessing its servers granted the parties' request to stay the case after receiving a joint stipulation stating they'd reached a settlement in principle and were "working diligently" to finalize the deal.
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June 23, 2025
High Court's Ruling Against Texas Could Tank FCC Wi-Fi Case
As the Federal Communications Commission faces a Fifth Circuit challenge to its plan to fund school bus Wi-Fi, the appeals court is weighing how a U.S. Supreme Court ruling last week against Texas in a nuclear waste case impacts its jurisdiction.
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June 23, 2025
Amazon Sanctioned For Hidden Discovery
A Washington federal judge sanctioned Amazon.com Monday by limiting its use of company documents produced during discovery while giving the Federal Trade Commission more time for discovery, siding with the FTC's allegations that the online retail giant improperly claimed privilege over tens of thousands of documents in the Prime "dark patterns" lawsuit.
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June 23, 2025
Senate Adviser Clears Way For AI Moratorium In Budget Bill
The U.S. Senate won't have to meet a heightened vote threshold to enact a sweeping provision tucked into the current budget proposal that would block states from regulating artificial intelligence for a decade, after the chamber's parliamentarian concluded that the controversial measure could remain in the bill.
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June 23, 2025
FTC Puts Viewpoint Commitments In Ad Agency Mega-Deal
The Federal Trade Commission said Monday it will allow Omnicom to move ahead with its planned $13.5 billion deal for Interpublic after the marketing giants agreed not to work with others to steer advertisers away from publishers based on their political viewpoints.
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June 23, 2025
9th Circ. Revives False Ad Suit Over 'Zero Calorie' Supplement
The Ninth Circuit on Monday reinstated a proposed class action claiming that ProSupps' dietary supplement powder products are mislabeled as containing zero calories and zero carbohydrates, in violation of California consumer protection laws, after ruling that the suit alleges enough facts to avoid preemption by the federal Food, Drug and Cosmetic Act.
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June 23, 2025
Fubo Streamers Demand Own Attys In Disney Suit Settlement
Subscribers to the Fubo streaming service asked a California federal judge to name them and their attorney the leads in the recent proposed settlement with Disney over the carriage fees for its sports streaming service, and to be "wary" of a motion to appoint the attorney for the two other classes of streaming customers as lead counsel.
Expert Analysis
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Staying The Course On Consumer Financial Law Compliance
Although there may be some regulatory uncertainty, with many rule changes on hold, and enforcement actions and investigations terminated, 11 fundamental laws and rules governing consumer financial services are unlikely to change, say attorneys at K&L Gates.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Ban On Reputation Risk May Help Bank Enforcement Defense
The Comptroller of the Currency and Federal Deposit Insurance Corp.’s recent commitment to stop examining banks for reputation risk could help defendants in enforcement actions challenge unfavorable assessments and support defendants' arguments for lower civil money penalties, says Brendan Clegg at Luse Gorman.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Addressing Antitrust Scrutiny Over AI-Powered Pricing Tools
Amid multiple recent civil complaints alleging antitrust violations by providers and users of algorithmic pricing tools, such as RealPage and Yardi, digital-era measures should feature prominently in corporate compliance programs, including documentation of pro-competitive benefits and when to use disclosures, say attorneys at Morgan Lewis.
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Opinion
In Vape Case, Justices Must Focus On Agencies' Results
With the U.S. Supreme Court's ruling in U.S. Food and Drug Administration v. Wages and White Lion Investments having put off the question of whether agency decisions arrived at erroneously are always invalid, the court should give the results of agency actions more weight than the reasoning behind them when it revisits this case, says Jonathan Sheffield at Loyola University Chicago School of Law.
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How Calif., NY Could Fill Consumer Finance Regulatory Void
California and New York have historically taken the lead in consumer financial protection, and both show signs of becoming even more active in this area during the second Trump administration amid an enforcement pullback at the federal level, say attorneys at Sidley.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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Calif. Antitrust Laws May Turn More Zealous Than US Regs
California is poised in the next 18 months to significantly expand its antitrust laws, broadening the scope of liability and creating a premerger review process that could be more expansive than review under the Hart-Scott-Rodino Act, say attorneys at Munger Tolles.
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As SEC, CFTC Retreat, Who Will Police The Crypto Markets?
As the U.S. Securities and Exchange Commission and U.S. Commodity Futures Trading Commission pull back from policing the crypto markets, the Federal Trade Commission and Consumer Financial Protection Bureau have the authority to pick up the slack — although recent events raise doubts that they will do so, say attorneys at Skadden.
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Digesting A 2nd Circ. Ruling On Food Delivery App Arbitration
The Second Circuit recently rejected Grubhub's attempt to arbitrate price-fixing claims, while allowing Uber Eats to do so, reinforcing that even broad arbitration clauses must connect to the underlying dispute and suggesting that terms of service litigation may center on websites' design and content, say attorneys at Greenspoon Marder.
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5 Ways Banking Has Changed In 5 Years Since COVID
Since the start of the pandemic five years ago, technology, convenience and shifting expectations have transformed compliance for the financial services industry in several key ways, from the shrinking role of the traditional bank branch to the rise of fintech and mobile payments, says Christopher Pippett at Fox Rothschild.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Making Sense Of Small Biz Fair Lending Compliance
Despite the uncertainty brought on by the Consumer Financial Protection Bureau's recent efforts to revise fair lending data collection requirements under Section 1071 of the Dodd-Frank Act, the compliance dates have not yet been stayed, so covered institutions should still start to monitor any disparities now, say attorneys at Frost Brown Todd.