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Consumer Protection
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June 30, 2025
High Court Won't Weigh Class Standard In Junk Fax Row
The U.S. Supreme Court on Monday declined to take up a dispute over whether online faxes are covered by the Telephone Consumer Protection Act and whether plaintiffs pressing these claims are required to show an administratively feasible way to identify class members.
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June 30, 2025
High Court Won't Review Landlords' COVID Eviction Ban Suit
A split U.S. Supreme Court on Monday declined to review a petition filed by billionaire developer and landlord Geoffrey Palmer that sought to recover $100 million by claiming harm from an eviction moratorium Los Angeles imposed after the outbreak of COVID-19.
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June 30, 2025
Justices Rebuff American Airlines' Bid To Revive JetBlue Pact
The U.S. Supreme Court on Monday rebuffed American Airlines' bid to revive its codeshare agreement with JetBlue in Boston and New York.
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June 30, 2025
Justices Pass On Exxon Mobil $14M Clean Air Act Dispute
The U.S. Supreme Court on Monday declined to review an en banc Fifth Circuit opinion that upheld $14.25 million in air pollution fines against Exxon Mobil Corp.
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June 28, 2025
DOJ OKs $14B HPE-Juniper Deal With Small-Biz WiFi Unit Sale
The U.S. Department of Justice announced a settlement Saturday with Hewlett Packard Enterprise, clearing the tech giant's $14 billion purchase of Juniper Networks by requiring the divestiture of a WiFi network business geared toward small firms.
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June 27, 2025
Hershey Says Wrapper PFAS Suit 'Built On A House Of Cards'
The Hershey Co. on Friday urged a Pennsylvania federal court to dismiss a putative class action that alleges its packaging for its chocolate bars and candies contains dangerous levels of per- and polyfluoroalkyl substances, saying consumers' testing allegations failed to back a viable claim that its products contain the forever chemicals known as PFAS.
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June 27, 2025
Senate Republican Plan Would Cut ÃÛÌÒÊÓÆµ Funds, Keep PCAOB
U.S. Senate Banking Committee Republicans' latest budget bill plans have dropped a push to dismantle the Public Company Accounting Oversight Board and pivoted to a lesser — but still severe — cut to the Consumer Financial Protection Bureau's funding.Â
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June 27, 2025
Fla. Judge Walks Back Class Cert. In Chili's Data Breach Row
A Florida federal judge who previously certified a class of Chili's customers suing over a 2018 data breach declined to keep that mechanism in place Friday, finding that the revised class definition that was established after the Eleventh Circuit ordered the topic to be reexamined no longer met class certification standards.Â
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June 27, 2025
Tribes Say Kalshi's Sports Contracts Undermine Sovereignty
A group of state and tribal gaming associations plus 27 federally recognized tribes have weighed in on a dispute between trading platform KalshiEx LLC and Maryland regulators, arguing that Kalshi's entrance into the gaming market has adversely impacted tribal gaming revenue and impeded tribes' inherent sovereign right to regulate gaming activity on tribal lands.
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June 27, 2025
Fla. Teen Files $10M Suit Alleging DMV Appointment Scalping
A Florida teenager has filed a proposed $10 million state court class action lawsuit against highway safety officials, alleging they were negligent for allowing her to camp outside a driver's license office just to secure an appointment because reservations were scalped by internet bots and sold for profit.
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June 27, 2025
Wells Fargo Beats Some Claims In Cash Sweep Litigation
A federal judge on Friday nixed some claims in a proposed class action accusing Wells Fargo of harming customers through its cash sweep deposit program by giving them only minimal interest on their holdings, including a claim that the bank breached its fiduciary duties to its indirect clients.
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June 27, 2025
6th Circ. Vacates Class Cert. In GM Transmission Defect Suit
The full Sixth Circuit on Friday unraveled class certification for drivers claiming General Motors LLC sold vehicles with defective transmissions that caused the cars to shudder and shake on the road.
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June 27, 2025
Judge Waits On Fortune's Bid To Join Assa Abloy Fight
A D.C. federal judge left open the question of whether Fortune Brands Home & Security can intervene to enforce Assa Abloy's 2023 settlement agreement with the U.S. Department of Justice on Friday, as the DOJ seeks to keep a supply agreement between the two companies in place.
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June 27, 2025
Tesla To Face Punitive Damages Claim At Trial Over Fla. Crash
Tesla will face a punitive damages claim at trial next month in a wrongful death suit over a deadly collision in 2019, with a Florida federal judge saying there is enough evidence the carmaker knew about dangers associated with its autopilot system to send the claim to a jury.
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June 27, 2025
Loyola Says It Had No Role In Student-Athlete Data Breach
Loyola University Chicago moved Thursday to be dismissed from an Illinois federal lawsuit claiming it failed to protect the private data of its student-athletes, saying it can't be held liable for the unlawful access of an ex-University of Michigan football coach who has no affiliation or connection to the university. Â
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June 27, 2025
Greystar, Landlords Push To Toss DOJ's RealPage Suit
Greystar Management Services LLC and several other landlords urged a North Carolina federal court to toss a rent price-fixing suit lodged by the federal government and multiple states, arguing in part that they have failed to provide specifics for their antitrust claims.
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June 27, 2025
UK Tribunal Says Visa, Mastercard Fees Infringe Antitrust Law
A U.K. tribunal issued a judgment Friday siding with merchants seeking damages from Visa and Mastercard for claims they were charged excessively high transaction fees, finding the interchange fees merchants pay to banks violate competition law.
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June 27, 2025
Sunbeam Says 'Reptile Theory' Tactics Doom $8.8M Verdict
Sunbeam Products Inc. and parent company Newell Brands Inc. want a new trial in a case where a woman won an $8.8 million verdict on claims that a slow cooker made by the companies left her with burns, asserting that her attorneys committed misconduct aimed at using "Reptile Theory" to inflame the jury.
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June 27, 2025
Financial Regulators Say Banks Can Use Third-Party TIN Info
Financial regulators on Friday said banks can collect tax identification number information from third parties, rather than just from their customers, pointing to changes in banking since the requirement was enacted under the USA PATRIOT Act.
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June 27, 2025
Compass Wants 'Zillow Ban' Halted For Antitrust Case
Compass asked a New York federal court Friday to stop Zillow from enforcing a new policy the real estate brokerage claims is designed to block competition, saying the threat of Zillow's rules is already causing harm and confusion.
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June 27, 2025
Wireless Co. Says Feds Breached 'Rip And Replace' Promise
Illinois-based SI Wireless LLC told a Court of Federal Claims judge the U.S. government breached a promise to reimburse it for removing Chinese-made equipment deemed a national security risk from its telecommunications network and has failed to follow through with nearly $157 million in payments.
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June 27, 2025
Off The Bench: Tatis Says Loan 'Predatory,' Tennis Player Suit
In this week's Off The Bench, a Major League Baseball star wants out of a "predatory" loan from a future earnings investment company, a group of migrant workers keep alive their suit accusing companies that helped develop World Cup facilities in Qatar of exploitation and abuse, and the tennis Grand Slam tournaments may be in the crosshairs of players suing the sport's hierarchy.
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June 27, 2025
Mass. Cannabis Labs Call Rival's Suit 'Publicity Stunt'
Seven Massachusetts cannabis testing labs are asking a state court judge to toss out a lawsuit brought by a competitor accusing them of manipulating test results, with three of the defendants calling the complaint a "publicity stunt" driven by the plaintiff's declining market share.
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June 27, 2025
Justices Uphold Texas Law Requiring Porn Site Age Checks
The U.S. Supreme Court on Friday said a Texas law requiring pornographic websites to verify visitors' ages could take effect, agreeing with a divided Fifth Circuit's decision to vacate an injunction while using a different standard of judicial review to evaluate the statute.
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June 27, 2025
Justices Salvage FCC Subsidy Fees, Reversing 5th Circ.
The U.S. Supreme Court on Friday upheld the funding mechanism for the Federal Communications Commission's $9 billion Universal Service Fund used to subsidize low-income phone service, rural broadband, and school, library and healthcare telecommunications connectivity.
Expert Analysis
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How Trump Policies Are Affecting The Right To Repair
Recent policy changes by the second Trump administration — ranging from deregulatory initiatives to tariff increases — are likely to have both positive and negative effects on the ability of independent repair shops and individual consumers to exercise their right to repair electronic devices, say attorneys at Carter Ledyard.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Justices' TikTok Ruling Sets Stage For 1st Amendment Battle
The U.S. Supreme Court's landmark ruling upholding a law requiring TikTok's sale sets the stage for an inevitable clash between free speech and government interests and signals that future cases will turn on whether a regulation poses a substantial burden on speech, say attorneys at Dykema.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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2 Recent Federal Decisions Affecting State CIPA Cases
Two recent cases may help stem the tide of the ever-increasing number of California Invasion of Privacy Act complaints filed in federal court, but won't prevent plaintiffs from filing in state courts, so companies need to shift their focus from Article III standing to statutory standing, says Matthew Pearson at Womble Bond.
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Opinion
Airlines Should Follow Treaty On Prompt Crash Payouts
In the wake of the recent crash of a Delta Air Lines flight during landing in Toronto, it is vital for air carriers and their insurers to understand how the Montreal Convention's process for immediate passenger compensation can avoid years of costly litigation and reputational damage for companies, says Robert Alpert at International Crisis Response.
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McKernan-Led ÃÛÌÒÊÓÆµ May Lead To Decentralized Enforcement
Though Jonathan McKernan’s confirmation as director would likely mean a less active Consumer Financial Protection Bureau, the decreased federal oversight could lead to more state-led investigations, multistate regulatory actions and private lawsuits under consumer protection laws, says Jonathan Pompan at Venable.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Opinion
SEC Shouldn't Complicate Broker-Dealers' AML Compliance
Recent U.S. Securities and Exchange Commission anti-money laundering enforcement actions show that regulators should not second-guess broker-dealers' reasonable judgment, or stretch the law or their jurisdiction to regulate through enforcement, lest they expect broker-dealers to vigorously defend their AML programs, say attorneys at WilmerHale.
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Rebuttal
6 Reasons Why Arbitration Offers Equitable Resolutions
Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.
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Executive Orders Paving Way For New Era Of Crypto Banking
Recent executive orders have already significantly affected the day-to-day operations of financial institutions that have an interest in engaging with digital assets, and creating informed strategies now can support institutions as the crypto gates continue to open to the banking industry, say attorneys at Spencer Fane.
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How Calif. Algorithmic Pricing Bills Could Affect Consumers
California's legislative efforts to regulate algorithmic pricing may address antitrust and fairness concerns, but could stop retailers from providing consumer discounts, says Alyssa Sones at Sheppard Mullin.
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Explaining ÃÛÌÒÊÓÆµ's Legal Duties Under The Dodd-Frank Act
While only Congress can actually eradicate the Consumer Financial Protection Bureau, the Trump administration has sought to significantly alter the agency's operations, so it's an apt time to review the minimum baseline of activities that Congress requires of the ÃÛÌÒÊÓÆµ in Title X of the Dodd-Frank Act, say attorneys at Bradley Arant.
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State Securities Enforcers May Fill A Federal Enforcement Gap
The U.S. Securities and Exchange Commission appears poised to take a lighter touch under the new administration, but state enforcement efforts are likely to continue unabated, and potentially even increase, particularly with regard to digital assets and ESG disclosures, say attorneys at Ropes & Gray.
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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.