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Consumer Protection
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June 18, 2025
Union Urges Del. Justices To Refloat BofA Benefit Card Suit
Delaware's chief justice pressed an attorney for Bank of America stockholders Wednesday to "drill down to the bad faith" during an appeal for revival of a Chancery Court suit accusing the company of intentionally prioritizing profits over compliance in managing unemployment benefit cards during the COVID-19 pandemic.
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June 18, 2025
Union Praises NY Bills On AI In Advertisements, Digital Rights
Entertainment labor union SAG-AFTRA has applauded the passage of two bills by the New York State Legislature that would require the disclosure of advertisements' use of artificial intelligence-generated performers and for permission to be obtained to use digital renderings of deceased performers in expressive works.
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June 18, 2025
DOJ Defends Using Written Depos In HPE-Juniper Merger Trial
The U.S. Department of Justice is defending its proposal to include written deposition testimony into the record for its upcoming antitrust trial against Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks, saying that playing depositions live would waste crucial time in what is scheduled to be an eight-day trial.
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June 18, 2025
Ex-Yankee Scores $222K Jury Award In Moldy Mansion Trial
A Connecticut federal jury on Wednesday awarded retired New York Yankees third baseman Joshua Donaldson more than $222,000 in a dispute with a former landlord he blamed for the presence of mold in a Greenwich mansion, and a judge is expected to double a substantial portion of that amount.
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June 18, 2025
NY Exterminator Says Its 'Black Widow' TM Is 'Incontestable'
A downstate New York pest exterminator on Wednesday urged a Connecticut federal judge to rule that a Constitution State competitor infringed its logo and confused customers, arguing it owns "valid, incontestable" trademarks that have been in use since 2003.
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June 18, 2025
Senate Adds Full 5-Year Term For New FCC Commissioner
The U.S. Senate on Wednesday confirmed Olivia Trusty, a newly added member of the Federal Communications Commission, to serve another five years in addition to the term ending June 30 that lawmakers had approved the day before.
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June 18, 2025
DC Judge Throws Out Suits Over J&J Drug Discount Audits
A D.C. federal judge nixed five lawsuits brought by hospitals that accused federal healthcare regulators of illegally authorizing Johnson & Johnson to audit their business records for compliance with the 340B drug discount program.
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June 18, 2025
AGs Tell 3rd Circ. To Close 'Loophole' In Kalshi Betting Case
A bipartisan group of attorneys general co-led by Ohio Attorney General Dave Yost, a Republican, pressed the Third Circuit to prevent trading platform Kalshi's "broad preemptive coup," urging the appellate court to allow New Jersey to regulate the company.
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June 17, 2025
Chinese Co. Draws Fla. AG Probe Over Health Device Security
Florida's attorney general is taking a closer look at a Chinese manufacturer of health monitoring devices that he claims has been concealing "serious security problems" that have enabled unauthorized parties to manipulate and gain access to patient data.
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June 17, 2025
Senate Passes Stablecoin Legislation With Bipartisan Support
The Senate's proposal to regulate stablecoins passed the chamber on Tuesday with support from both parties, sending it on to the House where lawmakers are still working on their own proposal.
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June 17, 2025
La. Law Will Make Tesla Sales Less Onerous, Justices Told
Louisiana regulators are hoping the U.S. Supreme Court will hold off on considering their request to take up a Tesla-brought case targeting the state's ban on direct sales by automakers, saying a new law is about to change things and the justices should wait until it takes effect.
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June 17, 2025
Crypto Co. Says Meme-Coin Creating Atty Can't Rep Theft Suit
Cryptocurrency wallet provider Phantom Technologies has asked a New York federal judge to disqualify an attorney from representing a group of plaintiffs, including himself, in a suit he filed over the alleged theft of half-a-million dollars worth of a meme coin he created in honor of his pet dachshund.
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June 17, 2025
Utah Man Can't Escape SEC's Microcap Stock Scheme Suit
A Utah bookkeeper can't escape U.S. Securities and Exchange Commission allegations he served as a middleman in a penny stock pump-and-dump scheme because the SEC's complaint appropriately details its assertion that he was, at least, reckless, in connection with the matter, a federal judge has determined.
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June 17, 2025
Ex-Low Power TV Owner Hit With $188K In Fines
A Federal Communications Commission administrative law judge has slapped the former licensee of Hispanic Christian Community Network with $188,000 in fines, finding the man paid "utterly no attention ... to statutory and regulatory responsibilities."
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June 17, 2025
FTC Clarifies Auto Dealers' Duties Under Data Security Rule
The Federal Trade Commission has issued guidance to assist automobile dealers in complying with the agency's financial data security rule, stressing that their obligations to safeguard customers' nonpublic information doesn't end when their business relationship terminates.
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June 17, 2025
Ex-Yankee Makes Final Pitch To Jury In Moldy Mansion Suit
A retired New York Yankees third baseman incurred hundreds of thousands of dollars in costs after he rented a Connecticut mansion that turned out to have a mold problem, and his landlord should pay up after failing to act quickly, his attorney told a federal jury in Hartford on Tuesday.
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June 17, 2025
5th Circ. Finds $37M For PPE Delivery Problems Went Too Far
The Fifth Circuit on Monday kept partially intact a $37 million award the Federal Trade Commission secured against a drop-shipping company, but found part of the award went too far because it fully refunded customers for COVID-19 protective gear that was delivered late.
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June 17, 2025
Nissan Asks Justices To Void Certified Sunroof Defect Classes
Nissan North America Inc. has asked the U.S. Supreme Court to unravel certified classes of drivers alleging the automaker sold vehicles with defective panoramic sunroofs, saying the Ninth Circuit endorsed a "grossly unfair" standard that allows uninjured plaintiffs to level inflated class claims against corporate defendants.
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June 17, 2025
Nixon Peabody Taps Fintech-Focused Attys From K&L Gates
Two longtime K&L Gates LLP fintech and financial services partners have joined Nixon Peabody LLP in the firm's complex disputes practice.
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June 17, 2025
Tesla Knocks Insurance Deception Claim From Ill. Defect Fight
A Tesla driver pursuing unfair practice claims over an alleged "phantom braking" defect in the Model 3 has still not sufficiently alleged the electric-car maker knowingly misrepresented its insurance pricing practices, an Illinois federal judge said Tuesday, holding the driver to an omission-based claim she previously allowed to proceed.
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June 17, 2025
Energy Co. Says Lease Differences Undermine Class Cert. Bid
A proposed class of XTO Energy Inc. lease holders have claimed they were uniformly overcharged for gathering and processing gas from their properties, but experts for the energy company testified Tuesday that their leases were too different to be certified as a class, and there was no better bargain available for the services.
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June 17, 2025
FCC Says Tribe's New Radio Station Reach Can Fall Short
The Northern Arapaho Tribe of Wyoming will be getting a new radio station after the FCC granted the tribe a waiver that will let it bypass a requirement that it cover 50% of the reservation, which is bigger than Delaware and Rhode Island put together.
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June 17, 2025
CFPB's Vought Seeks To Limit Use Of Civil Penalty Fund
Consumer Financial Protection Bureau acting Director Russell Vought is proposing to restrict the agency's ability to tap its civil penalty fund for consumer education and financial literacy initiatives as part of a trio of draft regulatory changes posted online Tuesday.
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June 17, 2025
Amazon Sold Bike That Paralyzed Man, Suit Claims
A man who became paralyzed from the waist down after the foldable electric bicycle he was using collapsed is suing the manufacturer and Amazon.com Inc., claiming both companies were negligent in making and selling the bike, according to a lawsuit filed in California state court.
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June 17, 2025
Senate Confirms Trump's FCC Nominee, Giving GOP Majority
The U.S. Senate confirmed Olivia Trusty to the Federal Communications Commission on Tuesday, providing Republicans a 2-1 majority on the telecom regulatory body five months after President Donald Trump named her for the seat.
Expert Analysis
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Recent Cases Highlight Latest AI-Related Civil Litigation Risks
Ongoing lawsuits in federal district courts reveal potential risks that companies using artificial intelligence may face from civil litigants, including health insurance coverage cases involving contractual and equitable claims, and myriad cases concerning securities disclosure claims, say attorneys at Katten.
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What Rodney Hood's OCC Stint Could Mean For Banking
Acting Comptroller of the Currency Rodney Hood's time at the helm of the OCC, while temporary, is likely to feature clarity for financial institutions navigating regulations, the development of fintech innovation, and clearer expectations for counsel advising on related matters, say attorneys at Vedder Price.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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4 Actions For Cos. As SEC Rebrands Cyber Enforcement Units
As the U.S. Securities and Exchange Commission signals its changing enforcement priorities by retooling a Biden-era crypto-asset and cybersecurity enforcement unit into a task force against artificial-intelligence-powered hacks and online investing fraud, financial institutions and technology companies should adapt by considering four key points, say attorneys at Troutman.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.
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The PFAS Causation Question Is Far From Settled
In litigation over per- and polyfluoroalkyl substances, the general causation question — whether the type of PFAS concerned is actually capable of causing disease — often receives little attention, but the scientific evidence around this issue is far from conclusive, and is a point worth raising by defense counsel, says John Gardella at CMBG3 Law.
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How Health Cos. Can Navigate Data Security Regulation Limbo
Despite the Trump administration's freeze on proposed updates to the Health Insurance Portability and Accountability Act security rule, there are critical cybersecurity steps healthcare organizations can take now without clear federal guidance, says William Li at Axiom.
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4 Key Payments Trends For White Collar Attys
As the payments landscape continues to innovate and the new administration looks to expand the role of digital currency in the American economy, white collar practitioners should be aware of several key issues in this space, say attorneys at Jenner & Block.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Unpacking The Illicit E-Cigarette Crackdown By State AGs
A bipartisan coalition of attorneys general for nine states and the District of Columbia announced a coordinated effort to curb illicit electronic cigarette sales, illustrating the rising prominence of state attorneys general using consumer protection laws to address issues of national scope, especially when federal efforts prove ineffective, say attorneys at Troutman.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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The Revival Of Badie Arbitration Suits In Consumer Finance
Plaintiffs have recently revived a California appellate court's almost 30-year-old decision in Badie v. Bank of America to challenge arbitration requirements under the Federal Arbitration Act, raising issues banks and credit unions in particular should address when amending arbitration provisions, say attorneys at Orrick.
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How Trump's Crypto Embrace Is Spurring Enforcement Reset
The U.S. Securities and Exchange Commission's recent willingness to step away from ongoing enforcement investigations and actions underscores the changing regulatory landscape for crypto under the new administration, which now appears committed to working with stakeholders to develop a clearer regulatory framework, say attorneys at Sheppard Mullin.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.