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Consumer Protection

  • August 26, 2025

    Capital One Beats Robocall Class Cert. Appeal At 4th Circ.

    The Fourth Circuit has affirmed that consumers who accused Capital One of violating consumer protection laws by leaving prerecorded messages on their cell phones cannot be certified as a class, agreeing that it would be too difficult to ascertain members of the proposed class who weren't customers of the bank.

  • August 26, 2025

    Firm Says It Shouldn't Owe SEC For Ex-Owner's Alleged Fraud

    A now-shuttered investment advisory firm has opposed the U.S. Securities and Exchange Commission's attempt to hold it jointly liable for a $5 million judgment alongside its former owner who was accused of scamming elderly clients, arguing it did not profit from the alleged exploitation.

  • August 26, 2025

    USDOT Threatens States With Funding Cuts Over Truck Safety

    The U.S. Department of Transportation on Tuesday threatened to withhold funds from California, Washington and New Mexico over their apparent failures to enforce federal mandates that all commercial truck drivers be proficient in the English language.

  • August 26, 2025

    PE Firm Escapes Patients' Anesthesia Antitrust Claims

    A Texas federal court tossed claims against Welsh Carson Anderson & Stowe from a proposed class of patients accusing the private equity firm of monopolizing the anesthesiology market through a series of acquisitions, but let claims against a company it formed proceed.

  • August 26, 2025

    Farmers Defend Climate Superfund Law Against Challenges

    Farmers and environmentalists are asking a Vermont federal judge to toss the U.S. government's, industry groups' and red states' lawsuits challenging the state's climate change Superfund law, saying it's a lawful method to pay for damages caused by the phenomenon.

  • August 26, 2025

    Joy Dish Soap Maker Scrubs $12M Suit Against Conn. PE Firm

    The Michigan company that formerly manufactured Joy Dish Soap is scrubbing two of its lawsuits against a Connecticut private equity firm, Piney Lake Capital Management LP, that claimed the latter soiled a deal to produce the soap after purchasing the brand from Procter & Gamble.

  • August 26, 2025

    Hemp Interests Say Conn. Policy Inconsistent With Federal Law

    A group of Connecticut hemp farmers and product manufacturers alleged in a federal lawsuit Tuesday that the state's crackdown on hemp products is incompatible with the federal law that legalized it.

  • August 26, 2025

    Wash. Panel Nixes $5.5M Judgment In Asbestos Cancer Suit

    A Washington appeals panel has thrown out a $5.5 million judgment against Hardie-Tynes Co. Inc. in a suit alleging its predecessor's products contained asbestos that gave a former Navy worker mesothelioma, saying there's no successor liability where the new company did not make products containing the same dangerous substance.

  • August 26, 2025

    FCC Ordered To Turn Over More DOGE Docs

    A D.C. federal judge ruled Tuesday the Federal Communications Commission must produce more documents related to its communications with Elon Musk's government-slashing Department of Government Efficiency.

  • August 26, 2025

    Blacklist Suit Blocked By Illegal Biz Ties, Justices Told

    LegitScript has asked the U.S. Supreme Court to intervene against the Ninth Circuit's decision to make it face PharmacyChecker.com's antitrust blacklisting claims, arguing the lower court rulings wrongly allow PharmacyChecker to sue to protect a business focused on facilitating the illegal importation of drugs.

  • August 26, 2025

    4th Circ. Revokes Class Cert. In Progressive Car Valuation Suit

    The Fourth Circuit reversed a Progressive Insurance policyholder's class certification win over certain adjustments the insurer makes when calculating the actual cash value of a totaled vehicle, saying that determining whether Progressive breached each insured's policy is a "highly individualized assessment."

  • August 26, 2025

    2nd Circ. OKs Tossing HR Biz TM Suit Over Ownership Issue

    The Second Circuit dismissed Tuesday a trademark infringement lawsuit brought against human resources services provider Rippling by competitor Ripple Analytics, saying a lower court was right to dismiss the case since Ripple's CEO was the actual owner of the trademark at issue, not his company.

  • August 26, 2025

    HPE's Trump-Tied Lobbyists Cast 'Pall' Over Merger Review

    The firing of two senior officials in the U.S. Department of Justice's Antitrust Division who complained after being forced to accept a merger clearance settlement has caused many practitioners to question whether the traditional separation between competition enforcement and other White House priorities is a thing of the past.

  • August 26, 2025

    Cigna Strikes ERISA Ghost Network Suit Settlement Deal

    Cigna Health and Life Insurance Co. has agreed to settle a proposed class action alleging the health plan administrator violated federal benefits law by advertising providers as in-network who were out-of-network to participants in employer-sponsored health benefit plans that Cigna administered, according to filings in Illinois federal court.

  • August 26, 2025

    MAC's Live Video Try-On Tech Violates BIPA, Customer Says

    A MAC Cosmetics customer has lodged proposed class biometric privacy claims against the beauty retailer in Illinois state court, claiming the company uses live-video, try-on technology that scans and uses consumers' geometric facial data without informed consent.

  • August 26, 2025

    1st Circ. Says Insurer Owes No Defense In Eviction Suits

    A Liberty Mutual unit has no duty to defend a commercial real estate loan provider in underlying suits over the eviction of residents from a Massachusetts senior care facility, the First Circuit ruled, finding the insurer's denial of coverage to be reasonable.

  • August 26, 2025

    TikTok Takes State's Addictive App Case To NC Top Court

    TikTok and its Chinese parent company are taking the state of North Carolina's lawsuit accusing it of intentionally designing the app to addict young users to the state's highest court after a Business Court judge rejected their early exit bid.

  • August 25, 2025

    Major Food Cos. Beat Suit Over Selling Kids Addictive Foods

    A Pennsylvania federal judge on Monday threw out a suit claiming that The Kraft Heinz Co., Nestle USA, General Mills and other major food companies are aggressively marketing highly addictive, ultra-processed foods to children, ruling that the plaintiff hasn't adequately alleged that he was harmed by the companies' products.

  • August 25, 2025

    Eli Lilly Settles Feud With Clinics Over TM Infringement

    Eli Lilly & Co. has come to terms with two clinics that it sued in Washington federal court for trademark infringement after accusing them of tricking customers into thinking they were buying brand name versions of weight loss medications Mounjaro and Zepbound.

  • August 25, 2025

    Del. Justices Won't Revive Hunter Biden Defamation Suit

    Delaware's highest court on Monday affirmed a lower court's decision to toss defamation claims a computer repair shop owner lodged against Hunter Biden and others over media reports he asserted tied him to Russian disinformation, saying no reasonable person would have concluded that statements he alleged were defamatory concerned him.

  • August 25, 2025

    'Bring Him In': Judge Blasts Google Atty Over Witness Travel

    The California federal judge overseeing a multibillion-dollar privacy lawsuit alleging Google illegally collected data from 98 million cellphone users chastised an attorney for the tech giant for allowing a Google employee on the witness list to leave on a trip, ordering the lawyer to "get him on an airplane" and "bring him in."

  • August 25, 2025

    FTC Says 'Conversational AI' Company Misled Small Businesses

    The U.S. Federal Trade Commission on Monday accused artificial intelligence company Air AI Technologies of making deceptive claims about what businesses and entrepreneurs could achieve with its "conversational AI" tool, according to a suit filed in Arizona federal court.

  • August 25, 2025

    Nationstar Loan Payoff Statement Fees OK'd By Wash. Judge

    A Washington federal judge has sided with Nationstar in a proposed class action alleging illegal fees, recognizing the home loan servicer is allowed to charge a "reasonable fee" for expedited delivery of a loan payoff statement upon request.

  • August 25, 2025

    Meta Has No Grounds To Erase Flo Privacy Verdict, Users Say

    Flo app users opposed Meta's bid to overturn a California federal jury verdict that found it liable for using an online tracking tool to unlawfully retrieve sensitive health data users entered into the menstrual tracking app, arguing that the company can't scrap the decision because it doesn't "like" the outcome. 

  • August 25, 2025

    Kraft Sued Over Oscar Mayer Turkey Bacon Listeria Recall

    A Kraft Heinz customer has filed a proposed class action in Florida federal court amid the company's recent recall of more than 367,000 pounds of Oscar Mayer brand of turkey bacon due to possible listeria contamination, claiming the company failed to disclose on its packaging that the products may be contaminated.

Expert Analysis

  • 23andMe Fine Signals ICO's New GDPR Enforcement Focus

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    Many of the cybersecurity failures identified by the Information Commissioner’s Office in its investigation of 23andMe, recently resulting in a £2.3 million fine, were basic lapses, but the ICO's focus on several new U.K. General Data Protection Regulation considerations will likely carry into the future, say lawyers at Womble Bond.

  • How Courts Are Addressing The Use Of AI In Discovery

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    In recent months, several courts have issued opinions on handling discovery issues involving artificial intelligence, which collectively offer useful insights on integrating AI into discovery and protecting work product in connection with AI prompts and outputs, says Philip Favro at Favro Law.

  • Midyear Rewind: How Courts Are Reshaping VPPA Standards

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    The first half of 2025 saw a series of cases interpreting the Video Privacy Protection Act as applied to website tracking technologies, including three appellate rulings deepening circuit splits on what qualifies as personally identifiable information and who qualifies as a consumer under the statute, say attorneys at Perkins Coie.

  • Tips For Crypto AI Agent Developers Under SEC Watch

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    With agents powered by artificial intelligence increasingly making decisions in the cryptocurrency world, there's a chance the U.S. Securities and Exchange Commission could use the Investment Advisers Act to regulate this technology in financial services, but there are ways developers can mitigate regulatory risks, say attorneys at Morrison Cohen.

  • What's Next For ÃÛÌÒÊÓÆµ After 'Big Beautiful' Funding Cuts

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    While the One Big Beautiful Bill Act's funding cuts to the Consumer Financial Protection Bureau are unlikely to have an independent effect in the short run, they could exacerbate the existing issue of wide regulatory fluctuations in successive administrations in the longer run, say attorneys at Covington.

  • Series

    Adapting To Private Practice: From ATF Director To BigLaw

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    As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.

  • 4 In-Flux Employment Law Issues Banks Should Note

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    Attorneys at Ogletree provide a midyear update on employment law changes that could significantly affect banks and other financial service institutions — including federal diversity equity and inclusion updates, and new and developing state and local artificial intelligence laws.

  • New DOJ Penalty Policy Could Spell Trouble For Cos.

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    In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.

  • Influencer Marketing Partnerships Face Rising Litigation Risk

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    In light of recent class actions claiming that brands and influencers are misleading consumers with deceptive marketing practices — largely premised on the Federal Trade Commission's endorsements guidance — proactive compliance measures are becoming more important, say attorneys at Olshan Frome.

  • 5 Consumer Protection Compliance Issues In NY State Budget

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    Companies that engage with New York consumers should promptly familiarize themselves with new state budget provisions that require finance and retail companies to make certain business practices more transparent and easier for customers to execute, say attorneys at Mintz.

  • High Court Cert Spotlights Varying Tests For Federal Removal

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    A recent decision by the U.S. Supreme Court to review Chevron v. Plaquemines Parish, a case involving the federal officer removal statute, highlights three other recent circuit court decisions raising federal removal questions, and serves as a reminder that defendants are the masters of removal actions, says Varun Aery at Hollingsworth.

  • Open Banking Is On Ice As ÃÛÌÒÊÓÆµ Seeks To Toss Its Own Rule

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    Even as the Consumer Financial Protection Bureau's efforts to toss its open banking rule play out in Kentucky federal court, it remains statutorily required to effectuate consumer access to data, raising questions about how it would replace the previously finalized standard, say attorneys at Cooley.

  • Opinion

    DOJ's HPE-Juniper Settlement Will Help US Compete

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    The U.S. Department of Justice settlement with Hewlett Packard Enterprise clears the purchase of Juniper Networks in a deal that positions the U.S. as a leader in secure, scalable networking and critical digital infrastructure by requiring the divestiture of a WiFi network business geared toward small firms, says John Shu at Taipei Medical University.

  • Series

    Playing Baseball Makes Me A Better Lawyer

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    Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.

  • Wells Fargo Suit Shows Consumer Protection Limits In Mass.

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    The Massachusetts Appeals Court's May decision in Wells Fargo Bank v. Coulsey underscores that consumer rights are balanced against the need for closure, and even the broad protections of state consumer protection law will not open the door to relitigating the same claims, say attorneys at Greenberg Traurig.

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