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Consumer Protection
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September 17, 2025
FCC Told To Take Care When Adding AI To Public Alerts
As the Federal Communications Commission mulls how to best overhaul its emergency alert rules, one California county is warning the agency to tread carefully when it comes to adopting emerging technologies like artificial intelligence.
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September 17, 2025
FDA Says Vape Manufacturer Lying About Marketing Approval
The U.S. Food and Drug Administration on Tuesday sued manufacturers of flavored vapes in New Jersey federal court to seek an end to their sales, saying that they are falsely representing that their products had received marketing approval.
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September 17, 2025
8th Circ. Backs Dismissal Of FDIC Fee Guidance Challenge
The Eighth Circuit on Wednesday rejected a banking industry challenge to Biden-era Federal Deposit Insurance Corp. guidance that cautioned banks about charging recurring fees on declined transactions, ruling the matter not ripe for court review.
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September 17, 2025
Broker Can't Trim Chipwich Maker's $4.5M Recall Loss Suit
A Connecticut state court refused to nix a breach of contract claim in an ice cream sandwich maker's $4.5 million suit accusing its insurance broker of failing to recommend and procure insurance that would cover a food recall.
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September 17, 2025
Missouri AG Can Seek Unredacted Trans Care Records
The Missouri attorney general can demand that a hospital turn over unredacted records on patients getting transgender care as part of a probe of a whistleblower complaint, a state appeals court held Tuesday.
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September 17, 2025
Satellites Belong In FCC's Enviro Reviews, Agency Told
The Federal Communications Commission can't justify excluding potentially luminous satellites from environmental reviews keyed to industries under its jurisdiction, a group fighting light pollution said.
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September 17, 2025
Hermes Gets Birkin Bag Antitrust Claims Tossed For Good
A California federal court on Wednesday tossed a proposed class action accusing Hermes of unlawfully tying the sale of its iconic Birkin handbag to other expensive items, finding the latest version of the complaint still fell short of making a plausible antitrust claim.
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September 17, 2025
NC Loan Servicer Can't Escape Default Warning Letter Suit
Housing loan servicer Selene Finance LP must face most of a putative class action accusing it of sending false and deceptive notices regarding loan defaults, with a North Carolina court finding that the plaintiffs have shown various elements of deception.
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September 17, 2025
DOJ & Google Going To Trial, Again, On Ad Tech Remedies
The Justice Department goes to trial next week to try breaking up Google's advertising placement technology business after a Virginia federal court declared the company an illegal monopolist in ad tech.
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September 17, 2025
Chubb Unit Wants Data, Cyber Cos. To Pay Ransomware Cost
A Chubb insurance unit has claimed a data management company and a cybersecurity firm failed to prevent or mitigate a ransomware attack on one of its policyholders, leading to the insurer being on the hook for more than $500,000 in damages, according to a lawsuit filed in New Jersey federal court.
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September 17, 2025
Herbal Co.'s Supplements Lack FDA Disclaimer, Buyers Claim
A proposed class of herbal supplement buyers is suing Traditional Medicinals Inc. in California federal court, alleging that its line of supplements makes claims that they support sleep, digestion and other functions, but they lack federally required disclaimers.
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September 17, 2025
Fiat Chrysler, Supplier Resolve Dispute Over Pacifica Recall
Fiat Chrysler has reached a resolution in its lawsuit against a supplier the automaker alleged was responsible for a faulty part that spurred a recall, according to a stipulated order dismissing the case Tuesday.
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September 17, 2025
4th Circ. Told Panel's Ruling In Bestwall Ch. 11 Dangerous
A group of asbestos claimants has asked the full Fourth Circuit to reconsider a panel's ruling that Georgia-Pacific asbestos unit Bestwall could stay in Chapter 11 despite its parent being solvent, saying the opinion defies U.S. Supreme Court precedent and will enable debtors to abuse the system.
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September 17, 2025
Atty Gets $4.3M Judgment Against Crypto Investment Cos.
A Pennsylvania state court has ordered four cryptocurrency companies to release more than $4.3 million in funds to a Pittsburgh attorney who claims the companies unjustly froze his accounts when he tried to make withdrawals.
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September 17, 2025
Calif. Cheesemaker Files Ch. 11 After Listeria Shutdown
A California cheesemaker has filed for Chapter 11 protection in California bankruptcy court after listeria contamination closed down its operations for more than 16 months and left the company facing more than $74 million in legal liability.
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September 17, 2025
Chicago Cubs Hit With Biometric Privacy Suit
The Chicago Cubs have collected the biometric data of millions of fans attending baseball games at Wrigley Field, deploying a security system with facial recognition technology without getting the written, informed consent from visitors required under Illinois law, according to a proposed class action filed in Illinois federal court Monday.
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September 17, 2025
FTC Sends White House List Of Regulations For Deletion
The Federal Trade Commission provided the White House with a report on Wednesday recommending that more than 125 regulations from agencies across the federal government be modified or deleted because they create barriers to competition.
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September 17, 2025
Pa. State Rep. Returns To Eckert Seamans As Privacy Pro
A Pennsylvania state representative and attorney specializing in data privacy matters has recently moved her practice to Eckert Seamans Cherin & Mellott LLC's Pittsburgh office.
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September 17, 2025
NCDOT Dodges Liability In Fatal Snowstorm Accident
The North Carolina Department of Transportation was freed Wednesday from having to contribute to wrongful death settlements of over $1.6 million after a North Carolina Court of Appeals panel found the department to be immune under the Emergency Management Act.
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September 17, 2025
Charter Jet Co. Alleges GE Engine Defect Caused Fatal Crash
A charter flight company is suing General Electric Co., Bombardier Inc. and a group of airplane maintenance companies over a fatal crash, saying that GE's engine was defective and prone to corrosion that it didn't warn buyers about and which the maintenance companies failed to detect.
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September 17, 2025
Md. Hemp Cos. Plan To Challenge Cannabis Law At 4th Circ.
A group of hemp companies challenging Maryland's cannabis policies told a federal judge Tuesday that they plan to appeal a pair of recent adverse rulings, citing in part a new federal appellate ruling that pot sellers are entitled to constitutional protections.
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September 17, 2025
NY Regulator Pushes Blockchain Analytics For Compliance
New York's Department of Financial Services on Wednesday emphasized that it expects banks under its purview to incorporate blockchain analytics tools as part of their compliance programs if they're engaging in crypto activities.
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September 17, 2025
Yale Health System Settles $435M Hospital Sale Suit
Yale New Haven Health Services Corp., Connecticut's largest hospital system, has reached a settlement in principle with bankrupt Prospect Medical Holdings Inc. that would resolve a $435 million contract dispute over the sale of several hospitals in the state.
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September 16, 2025
Tesla Settles Suit Over Fatal 2019 Autopilot Crash In Calif.
Tesla has reached a confidential settlement to resolve a lawsuit over the death of a 15-year-old killed in a 2019 car crash involving a Model 3 that was operating on self-driving, autopilot technology, according to an order in California state court Tuesday.
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September 16, 2025
Calif. Gov. Taps Consultancy Exec For Privacy Agency Board
A business executive and consultant with "extensive leadership experience" in data privacy and corporate governance has been picked to sit on the five-member board that governs the California Privacy Protection Agency, the regulator said Monday.Â
Expert Analysis
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Canadian Suit Offers Disclosure Lesson For US Cannabis Cos.
A Canadian class action asserting that Aurora Cannabis failed to warn consumers about the risk of developing cannabinoid hyperemesis syndrome may spawn copycat filings in the U.S., and is a cautionary tale for cannabis and hemp industries to prioritize risk disclosure, says Ian Stewart at Wilson Elser.
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A Look At Trump Admin's Shifting Strategies To Curtail ÃÛÌÒÊÓÆµ
The Trump administration has so far carried out its goal of minimizing the Consumer Financial Protection Bureau's authority and footprint via an individualized approach comprising rule rollbacks, litigation moves and administrative tools, say attorneys at Holland & Knight.
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Evading DOJ Crosshairs As Data Security Open Season Starts
As the U.S. Department of Justice begins enforcing its new data security program — aimed at preventing foreign adversaries from accessing government-related and personal sensitive data — U.S. companies will need to understand the program’s contours and potential pitfalls to avoid potential civil liability or criminal scrutiny, say attorneys at Cohen & Gresser.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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A Look At DOJ's Dropped Case Against Early Crypto Operator
The prosecution of an early crypto exchange operator over alleged unlicensed money transmission was recently dropped in Indiana federal court, showcasing that the U.S. Justice Department may be limiting the types of enforcement cases it will bring against digital asset firms, say attorneys at Greenberg Traurig.
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4 Consumer Class Action Trends To Watch In 2nd Half Of 2025
The first half of 2025 has seen a surge of consumer class action trends related to online tools, websites and marketing messages, creating a new legal risk landscape for companies of all sizes, says Scott Shaffer at Olshan Frome.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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3 Cautionary Tales For Cos. Using Facial Recognition Tech
Whether a business intends to develop its own facial recognition applications or contract with another company to use such services, three recent case studies should be kept in mind to help lower the risk of litigation or regulatory enforcement, says Adam Nyenhuis at Hilgers Graben.
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Rising Enforcement Stakes For Pharma Telehealth Platforms
Two pieces of legislation recently introduced in Congress could transform the structure and promotion of telehealth arrangements as legislators increasingly scrutinize direct-to-consumer advertising platforms, potentially paving the way for a new U.S. Food and Drug Administration policy with bipartisan support, say attorneys at Sheppard Mullin.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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One Year On, Davidson Holds Lessons On 'Health Halo' Claims
A year after the Ninth Circuit's Davidson v. Sprout Foods decision — which raised the bar for so-called health halo claims — food and beverage companies can draw insights from its finding, subsequently expanded on by other courts, that plaintiffs must be specific when alleging fraud in healthfulness marketing, say attorneys at Sidley.
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Rocket Mortgage Appeal May Push Justices To Curb Classes
Should the U.S. Supreme Court agree to hear Alig v. Rocket Mortgage, the resulting decision could limit class sizes based on commonality under Rule 23 of the Federal Rules of Evidence as opposed to standing under Article III of the U.S. Constitution, say attorneys at Carr Maloney.
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3 Judicial Approaches To Applying Loper Bright, 1 Year Later
In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.
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How State AG Consumer Finance Enforcement Is Expanding
As the Consumer Financial Protection Bureau becomes less active, state attorneys general are increasingly shaping the enforcement landscape for consumer financial services — and several areas of focus have recently emerged, say attorneys at Morgan Lewis.
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What Businesses Need To Know To Avoid VPPA Class Actions
Divergent rulings by the Second, Sixth and Seventh Circuits about the scope of the Video Privacy Protection Act have highlighted the difficulty of applying a statute conceived to regulate the now-obsolete brick-and-mortar video store sector in today's internet economy, say attorneys at DTO Law.