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Consumer Protection
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June 30, 2025
Fintech Group Goes To Bat For ÃÛÌÒÊÓÆµ's Open Banking Rule
A top fintech trade group has fired back in defense of a Biden-era open banking rule that bank groups and the Consumer Financial Protection Bureau want struck down in Kentucky federal court, accusing them of twisting the law in a flawed effort to kill off the regulation.
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June 30, 2025
Anthem, Blue Cross Sue Ga. Co. Over Alleged Insurance Scam
A Georgia healthcare analytics company has been hit with a lawsuit from Blue Cross Blue Shield and Anthem Insurance Cos. accusing the company of infringing the health insurance giants' trademarks by offering bogus policies that have no affiliation with any actually existing plan.
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June 30, 2025
4 Mass. Rulings You May Have Missed In June
A now-shuttered Boston firm scored a win in a legal malpractice lawsuit by a youth soccer program, while a securities brokerage found that the old adage "if at first you don't succeed, try, try again" doesn't apply to litigation, among other recent noteworthy decisions in Massachusetts state court.
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June 30, 2025
DraftKings Hammers Away At Suit Disputing Voided NBA Bets
DraftKings is looking to sink a proposed class action that an aggrieved customer brought alleging the online betting giant cheated him out of a six-figure payout by canceling wagers he placed with faulty odds, telling an Indiana federal judge the lawsuit's central claims are "untenable."
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June 30, 2025
Justices Decline Appeal Over State Law Question Certification
The U.S. Supreme Court on Monday declined accepting a petition for certiorari attacking the Ninth Circuit's "uniquely standardless approach" for asking state supreme courts to answer questions of state law, in an appeal over putative class action claims that two life insurers violated California statutes concerning benefit denials.
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June 30, 2025
Data Brokers Can't Escape NJ Judicial Privacy Law Actions
Data security company Atlas Data Privacy Corp. has won the go-ahead to proceed with dozens of lawsuits based on the judicial privacy measure Daniel's Law against a group of data brokers in New Jersey federal court.
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June 30, 2025
Judge OKs 23AndMe's $305M Genetic Data Asset Sale
A Missouri bankruptcy judge has given genetic testing company 23andMe Holding Co. approval to sell all its assets to a nonprofit led by co-founder Anne Wojcicki for $305 million, after two full days of testimony and argument about the proposed sale.
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June 30, 2025
Mich. Justices Won't Revisit Voter Intimidation Robocall Case
The Michigan Supreme Court has said it will not reexamine a case against conservative provocateurs charged with leading a misinformation campaign urging Black Detroiters not to vote by mail in the 2020 election, leaving in place an order finding their actions could be considered voter intimidation.
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June 30, 2025
Apple Can't Duck DOJ Monopolization Lawsuit
A New Jersey federal judge refused Monday to let Apple duck the U.S. Department of Justice lawsuit accusing the company of monopolizing smartphone markets, crediting DOJ allegations about the restrictions Apple imposes on iMessage, smartwatch compatibility, mobile wallets, cloud gaming and more.
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June 30, 2025
Ripple To Abandon Appeal After NY Judge Rebuffed SEC Deal
Ripple Labs CEO Brad Garlinghouse has said the blockchain firm plans to drop its appeal in its landmark case with the U.S. Securities and Exchange Commission, ending the matter after the New York federal judge overseeing the case refused to sign off on a settlement that would've truncated a court-ordered $125 million penalty.
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June 30, 2025
FCC Chair Seeks To Deny COVID Waiver In Lifeline Subsidy
Federal Communications Commission Chair Brendan Carr is calling on his fellow commissioners to reject a proposal from Lifeline providers to extend the program's COVID-era non-usage rule waiver for one day, saying that moving the cutoff date would cost the public millions of dollars.
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June 30, 2025
Baker McKenzie Hires Consumer Protection Prosecutor In DC
An 18-year veteran of the U.S. Department of Justice's Consumer Protection branch has left the agency to join Baker McKenzie LLP's Washington, D.C., office, where he'll work with a former colleague who was recently named leader of the practice group he is now joining, the firm announced Monday.
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June 30, 2025
Teen's Family Can't Stay Anonymous In Grindr Death Suit
A Florida federal judge won't let the family of a 16-year-old who was allegedly killed after matching with a 35-year-old man on Grindr proceed anonymously in their suit against the company, saying they haven't shown that their privacy concerns outweigh the public interest in disclosure.
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June 30, 2025
Justices Let Stand IRS' Summons For Coinbase User's Info
The U.S. Supreme Court rejected Monday a cryptocurrency investor's challenge to an IRS summons for his financial records from the exchange Coinbase, letting stand a First Circuit ruling that upheld limitations on privacy rights for records held by third-party financial institutions.
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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.
Expert Analysis
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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.
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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.