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Consumer Protection
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June 25, 2025
Hospital Slams Novo Nordisk's Insulin Pen Suit Sanctions Bid
Connecticut's Griffin Hospital says Novo Nordisk's attempt to score sanctions in a lawsuit about insulin pen contamination should be rejected because no law requires the healthcare facility to lay out its adversary's possible defenses when pleading its claims.
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June 25, 2025
Fed's Powell Suggests Student Loans Too Hard To Discharge
Federal Reserve Chairman Jerome Powell told senators Wednesday that Congress might want to consider permitting greater dischargeability of student loans, questioning whether it is a "wise national policy" to treat such debt differently under the federal bankruptcy laws.
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June 25, 2025
Spirit Flags Competition Concerns Over United-JetBlue Pact
Spirit Airlines LLC has filed a complaint with federal transportation regulators contending that a recently announced partnership between United Airlines and JetBlue raises issues similar to an alliance between American and JetBlue that was blocked over competition concerns.
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June 25, 2025
Senate Panel Narrowly Advances FAA Chief Nominee
The Senate Committee on Commerce, Science and Transportation voted along party lines Wednesday to advance President Donald Trump's nominee to lead the Federal Aviation Administration.
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June 25, 2025
FCC To Consult Tribes On Wireless Cos.' NEPA Petition
The Federal Communications Commission plans to consult with tribal governments on a wireless industry proposal to cut red tape associated with the National Environmental Policy Act for cell towers, following comments from Native American organizations blasting the plan and saying it would threaten sacred lands.
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June 25, 2025
Do Kwon Trial Judge Has Eye On Federal Crypto Legislation
Federal legislation that could codify stablecoins as payment-related assets — not securities — has the potential to impact the Manhattan U.S. attorney's $40 billion criminal case against Terraform founder Do Kwon, a federal judge said Wednesday.
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June 25, 2025
FCC Democrat Takes Civil Rights, Speech Issues To Rural Ky.
A Democratic member of the Federal Communications Commission recently visited rural Kentucky as part of an effort calling attention to civil rights and free speech issues that she says the agency has raised through recent actions.
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June 24, 2025
Former DOJ Antitrust Official Joins Latham
Latham & Watkins LLP on Wednesday announced the addition of a new D.C.-based antitrust partner with the hiring of Andrew Forman, a former deputy assistant attorney general in the U.S. Department of Justice's Antitrust Division who is rejoining private practice after three years of helping lead civil competition enforcement.
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June 24, 2025
NJ Bank, DOJ Push To End Redlining Deal Amid Opposition
Lakeland Bank and the U.S. Department of Justice urged a New Jersey federal judge to reject a brief from three fair housing groups opposing the early termination of the bank's $13 million redlining settlement, arguing the groups' call for housing discrimination accountability is irrelevant to the settlement's termination.
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June 24, 2025
Landmark Product Safety Conviction Faces 9th Circ. Appeal
A former Gree USA executive has appealed his conviction and 38-month prison sentence in the first-ever criminal prosecution of individuals under the Consumer Product Safety Act, according to a Tuesday filing in California federal court.
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June 24, 2025
Ex-Inmate's Debit Fee Class Action Cleared For Trial
A jury should decide if a former jail inmate was forced to accept a prepaid debit card and pay related fees when his money was returned to him upon release, a Washington federal magistrate judge said on Tuesday, advancing a class action against Central Bank of Kansas City.
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June 24, 2025
GOP Senators Unveil Crypto Market Framework Principles
Senate Republicans on Tuesday morning released a set of principles to guide the development of digital asset market structure legislation, their latest push toward regulating the cryptocurrency space following their passage of stablecoin legislation last week.
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June 24, 2025
Submarine Cable Cos. Seek Cautious FCC Reg Approach
Companies that run undersea telecommunications cables said they're worried the Federal Communications Commission might burden them with even more regulation than they already have to deal with, urging the agency to have a light touch when regulating the industry.
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June 24, 2025
8th Circ. Rolls Back Block On Arkansas Hemp Law
An Eighth Circuit panel on Tuesday overturned a lower district judge's decision blocking enforcement of a new Arkansas policy restricting hemp-derived intoxicating products, delivering a blow to the hemp industry's campaign to challenge state-led efforts to rein in its wares.
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June 24, 2025
NTSB Flags Boeing Failures In 737 Max 9 Door Plug Blowout
Poor training and persistent quality control lapses on Boeing's manufacturing and assembly lines, along with the Federal Aviation Administration's ineffective oversight of the plane-maker, led to the January 2024 door-plug blowout aboard a 737 Max 9 jet operated by Alaska Airlines, the National Transportation Safety Board said Tuesday.
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June 24, 2025
Connecticut AG Seeks $7.7M Penalty For Ghost Gun Supplier
A supplier of ghost gun parts that promised customers "extreme discretion" should pay nearly $7.7 million in penalties to Connecticut for continuous violations of the state's unfair trade practices law, the attorney general's office told a state court Tuesday.
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June 24, 2025
Key House Republican Calls For Telecom Law Reforms
A top House Republican called Tuesday for reform of the 1992 Cable Act and for loosening the Federal Communications Commission's limits on broadcast media ownership, which he says would help modernize telecommunications law.
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June 24, 2025
Sirius XM Fee Suit Undermined By Site Changes, Judge Hints
A Washington federal judge suggested Tuesday that a proposed class action in which consumers are accusing Sirius XM of charging a misleading "royalty fee" has potentially been undercut by the satellite radio provider's decision in 2024 to change disclosures on its website to reflect music plan pricing in lump sums.
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June 24, 2025
Apple Users Who Lost Cert. In Storage Suit File New Case
A group of Apple customers from New Jersey and Illinois who were denied class certification last year in a suit alleging the company falsely markets the storage capacity of 16-gigabyte iPhones and iPads preinstalled with the iOS 8 operating system filed a new proposed class action Monday in California federal court.
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June 24, 2025
Calif. AG Asks 9th Circ. To Undo Limits On Pay-For-Delay Ban
California enforcers on Monday asked the Ninth Circuit to overturn a district court's decision that a state law restricting "reverse payment" settlements between brand-name and generic-drug makers cannot be used to regulate deals that were struck outside the Golden State.
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June 24, 2025
Visa Can't Duck DOJ's Debit Card Monopoly Case
A New York federal court has refused to throw out the U.S. Department of Justice's case accusing Visa of illegally maintaining a monopoly over debit card networks, rejecting arguments about the market at issue, discounts offered and the scope of deals with would-be competitors.
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June 24, 2025
Another Musk Case, Another Judge Recusal
A California federal magistrate judge on Tuesday became the latest federal judge to recuse from a case involving Elon Musk, this time stepping down from handling his lawsuit challenging OpenAI's now-abandoned transition to a for-profit enterprise.
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June 24, 2025
Apple Assails 'Fundamentally Unfair' App Order At 9th Circ.
Apple urged the Ninth Circuit on Monday to nix a district court's "unduly punitive" mandate blocking it from charging any commission on iPhone app purchases made outside its systems, arguing an Epic Games injunction redux goes far beyond the original order and attacks conduct that's not illegal under California law.
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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.
Expert Analysis
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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.
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Defense Strategies After Justices' Personal Injury RICO Ruling
In Medical Marijuana v. Horn, the U.S. Supreme Court recently held that the Racketeer Influenced and Corrupt Organizations Act can be invoked by some plaintiffs with claims arising from personal injuries — but defense counsel can use the limitations on civil RICO claims to seek early dismissal in such cases, say attorneys at Debevoise.
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Opinion
Ripple Settlement Offers Hope For Better Regulatory Future
The recent settlement between the U.S. Securities and Exchange Commission and Ripple — in which the agency agreed to return $75 million of a $125 million fine — vindicates criticisms of the SEC and highlights the urgent need for a complete overhaul of its crypto regulation, says J.W. Verret at George Mason University.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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Strategies To Help Witnesses Manage Deposition Anxiety
During and leading up to deposition, witnesses may experience anxiety stemming from numerous sources and manifesting in a variety of ways, but attorneys can help them mitigate their stress using a few key methods, say consultants at Courtroom Sciences.
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FDIC Shift On ALJs May Show Agencies Meeting New Norms
The Federal Deposit Insurance Corp.’s recent reversal, deciding to not fight a Kansas bank’s claim that the FDIC's administrative law judge removal process is unconstitutional, shows that independent agencies may be preemptively reconsidering their enforcement and adjudication authority amid executive and judicial actions curtailing their operations, say attorneys at Snell & Wilmer.
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How Cos. Can Mitigate Increasing Microplastics Liability Risk
Amid rising scrutiny in the U.S. and Europe of microplastics' impact on health and the growing threat of litigation against consumer product and food and beverage manufacturers, companies can limit liability through compliance with labeling laws, careful contract management and other practices, say attorneys at Rogers Joseph.
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Meta Case Brings Customer-Facing Statements Issue To Fore
Now that Facebook v. Amalgamated Bank has returned to California federal court after the U.S. Supreme Court in November found it improvidently granted certiorari, it will be worth watching whether customer-facing communications, such as Facebook's privacy policies, are found to be made in connection with the sale of a security, says Samuel Groner at Fried Frank.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.