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Consumer Protection

  • 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.

  • 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.

  • 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.

  • 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.

  • June 18, 2025

    AGs Tell 3rd Circ. To Close Illegal Gambling Loophole

    A bipartisan group of attorneys general co-led by Ohio Attorney General Dave Yost, a Republican, pressed the Third Circuit to prevent online betting platform Kalshi's "broad preemptive coup," urging the appellate court to allow New Jersey to regulate the company.

  • 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. 

  • 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.

  • 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.

  • 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.

  • 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.

  • 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."

  • 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. 

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • June 17, 2025

    Ƶ'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.

  • 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.

  • 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.

  • June 17, 2025

    Hemp Interests Urge Court To Halt Md. Licensing Policy

    A group of Maryland hemp interests is urging a federal court to halt enforcement of a state policy which would require retailers to obtain recreational cannabis licenses to buy and sell hemp products, which they say is impossible to do.

  • June 17, 2025

    Ohio High Court Allows Challenge To Duke Gas Rate Increase

    Ohio's utility consumer advocate filed a timely appeal to challenge a regulator's approval of a Duke Energy Ohio Inc. rate increase for natural gas customers, the Ohio Supreme Court ruled Tuesday, denying Duke's bid to have the case dismissed.

  • June 17, 2025

    Sunglass Suit Tossed After 11th Circ. Nixes $40M Deal

    A Florida federal judge on Tuesday threw out a proposed class action alleging Costa Del Mar Inc. misled buyers about its sunglasses' lifetime warranty, saying the court doesn't have subject matter jurisdiction over the claims.

Expert Analysis

  • Fed's Crypto Guidance Yank Could Drive Innovation

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    The Federal Reserve Board's recent withdrawal of guidance letters brings regulatory consistency and broadens banks' ability to innovate in the crypto-asset space, but key distinctions remain between the Fed's policy on crypto liquidity and that of the other banking regulators, says Dan Hartman at Nutter.

  • GM Case Highlights New Trends In AI-Related Securities Suits

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    Bold company statements about artificial intelligence have resulted in a rise in AI-related securities litigation, and a recent Michigan federal court decision in In Re: General Motors Co. Securities Litigation illustrates how courts are analyzing these AI-based claims and applying traditional securities concepts to new technologies, say attorneys at Cooley.

  • Attacks On Judicial Independence Tend To Manifest In 3 Ways

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    Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.

  • Statistics Tools Chart A Path For AI Use In Expert Testimony

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    To avoid the fate of numerous expert witnesses whose testimony was recently deemed inadmissible by courts, experts relying on artificial intelligence and machine learning should learn from statistical tools’ road to judicial acceptance, say directors at Secretariat.

  • Compliance Refresher For 'Made In USA' Labeling Claims

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    As tariffs reshape the trade landscape, companies hoping to invoke the powerful consumer appeal of “Made in USA” labels must understand the strict rules for making acceptable claims so they avoid the costly legal ramifications and brand damage possible from misrepresenting products as 100% American, say attorneys at Morgan Lewis.

  • 4 Strategies For De-Escalating Hospitality Industry Disputes

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    As recent uncertainty in the travel business exacerbates the risk of conflict in the hospitality sector, industry in-house counsel and their outside partners should consider proactive strategies aimed at de-escalating disputes, including preserving the record, avoiding boilerplate clauses and considering arbitration, say Randa Adra at Crowell and Stephanie Jean-Jacques at Hyatt.

  • Series

    Law School's Missed Lessons: Appreciating Civil Procedure

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    If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.

  • Appellate Guidance Needed On California Chatbot Litigation

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    There is wide variation in how courts are applying the California Invasion of Privacy Act against website owners that allegedly help third parties spy on visitors via chatbots — and the lack of appellate rulings creates uncertainty, especially as these cases move toward the summary judgment stage, say attorneys at Crowell & Moring.

  • Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use

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    The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.

  • Platforms Face Section 230 Shift From Take It Down Act

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    The federal Take It Down Act, signed into law last month, aims to combat deepfake pornography with criminal penalties for individual wrongdoers, but the notice and takedown provisions change the broad protections provided by Section 230 of the Communications Decency Act in ways that directly affect platform providers, say attorneys at Troutman.

  • Ƶ's Guidance Withdrawal Deepens Industry Uncertainty

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    Following the Consumer Financial Protection Bureau's recent withdrawal of dozens of guidance documents in a post-Chevron world, financial services providers are left to make their own determinations about the complex issues addressed in the now-revoked materials, presenting a significant compliance burden, say attorneys at Bradley Arant.

  • In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable

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    The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.

  • How Attorneys Can Become Change Agents For Racial Equity

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    As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.

  • Digital Equity Act Grant Terminations Raise Key Legal Issues

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    The Trump administration's move to cancel grant programs created under the Digital Equity Act yields key legal and policy questions facing the executive branch, Congress and the courts, including how the administration plans to implement the cancellation of the Digital Equity Act's appropriations in the first place, say attorneys at Akin.

  • GAO Report Reveals How Banks And Regulators Are Using AI

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    A U.S. Government Accountability Office report published last month makes clear that while both federal regulators and regulated entities like banks and credit unions are employing artificial intelligence to improve efficiency, they're maintaining some skepticism, say attorneys at Orrick.

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