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Consumer Protection
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July 22, 2025
GOP Senators Float Crypto Market Structure Discussion Draft
Republicans on the Senate Banking Committee on Tuesday circulated a discussion draft of their bill to regulate crypto markets building on the House's Clarity Act, which passed the lower chamber last week.
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July 22, 2025
OCC Defends Ex-Wells Fargo Exec's $10M Fake Accounts Fine
The Office of the Comptroller of the Currency has urged the Eighth Circuit to uphold a $10 million penalty and industry ban against a former Wells Fargo risk executive for her role in the bank's fake accounts scandal, arguing her post-Jarkesy claims rest on a "fundamental misconception" of the Constitution.
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July 22, 2025
After 8th Circ. Ruling, Hemp Co. Drops Suit Against SD Ban
A South Dakota hemp retailer has moved to voluntarily dismiss its federal lawsuit challenging the state's ban on the processing of hemp derivatives into intoxicating products, days after the Eighth Circuit upheld a similar Arkansas law.
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July 22, 2025
Sandoz Loses 'Nonsense' Bid To Avoid DOJ Deal In AGs' Case
A Connecticut federal judge has given dozens of state attorneys general a small but important win in a sprawling price-fixing litigation against generic-drug makers, applying previous admissions of criminal wrongdoing and flatly rejecting "ridiculous" efforts by Sandoz, Taro Pharmaceuticals and a former Sandoz official to avoid that application.
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July 22, 2025
DC Circ. Puts Fired FTC Dem's Restoration On Ice, For Now
One of the Federal Trade Commission Democrats who was removed from the agency before her term was up by the Trump administration will not be returning to her seat just yet after the D.C. Circuit agreed to put the order mandating her return to work on hold.
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July 22, 2025
Fubo Streamers Get Own Attys In Disney Suit
DiCello Levitt and Lite DePalma have won out over Bathaee Dunne in a battle to represent FuboTV subscribers suing Disney over ESPN streaming rates, with a judge saying he had "grave doubts" that Yavar Bathaee could adequately represent the plaintiffs after Bathaee undercut their case in a status conference.
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July 22, 2025
Bitcoin ATM Co. Enables Crypto Scams, Class Action Says
A retiree who lost $7,000 to scammers filed a proposed class action against bitcoin ATM operator Bitcoin Depot Inc., claiming the company facilitates schemes that target the elderly by failing to intervene in suspicious transactions, misrepresenting its services' security and continuing to take a cut of "red flag" transactions.
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July 22, 2025
Fair Use Carveout Applies To Med Device Repairs, Judge Says
A D.C. federal judge has shot down two industry groups' challenge to a rule that placed medical device diagnostic procedures and repairs under fair use copyright exceptions, saying all of their challenges under the Administrative Procedure Act were unpersuasive.
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July 22, 2025
Liberty Mutual Deems $1.58M Crash Suit 'Factually Flawed'Â
A Connecticut woman's lawsuit alleging Liberty Mutual is on the hook for the $1.58 million she won in a car crash case must be dismissed over numerous pleading deficiencies, the insurer has said in a court filing, arguing that "each of these five causes of action are fundamentally and factually flawed."
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July 22, 2025
Judge Nixes 'Ghost' Lawyer's Suit Against Ex-Employee, Atty
A Florida judge has tossed a lawsuit that an attorney accused of ghosting and defrauding his clients brought against his former paralegal and a legal malpractice lawyer alleging they conspired to steal his clients and trash his reputation.
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July 22, 2025
Lathrop GPM Adds Partner To Chicago Office
Lathrop GPM LLP has added a new Chicago-based partner to its tort, insurance and environmental practice group, the firm announced Monday, saying her practice primarily focuses on defending clients against product liability claims and claims involving exposure to toxic substances and transportation-related injuries.
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July 22, 2025
Amazon Pushes Back On FTC's Trial Time Extension Bid
Amazon has urged a Washington federal court to reject the Federal Trade Commission's bid to extend the agency's trial time in a lawsuit over automatically recurring Prime subscriptions, calling the proposal both unfair and baseless.
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July 22, 2025
Quantum Wants FTC To Lift Order On $5.2B Natural Gas Deal
The Federal Trade Commission is asking for public feedback on a Quantum Energy Partners petition aiming to set aside a consent order the agency entered over a $5.2 billion deal that EQT Corp. struck with Quantum for oil and gas assets in Appalachia.
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July 22, 2025
Gogo Worries 900 MHz Redo Could Disrupt In-Flight Receivers
In-flight communications provider Gogo told the Federal Communications Commission that a plan advanced early this year to rework two bands of 900 megahertz airwaves could disrupt its air-to-ground receivers that use an adjacent band.
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July 22, 2025
Samourai Wallet Execs Could Explore Plea Deals, Judge Says
Two Samourai Wallet executives accused of using the crypto-mixing service to facilitate $2 billion in illegal transactions denied charges in an updated indictment Tuesday, before a Manhattan federal judge suggested they could explore plea talks ahead of their November trial.
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July 22, 2025
FCC Urged To Exempt Private Networks In Foreign Owner Rule
Private networks that offer public safety and industrial communications shouldn't be required to fill out new paperwork saying they aren't under the thumb of foreign adversaries, a nonprofit group told the Federal Communications Commission.
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July 22, 2025
AST Plan Called Threat To Amateur Satellite Signals
A nonprofit amateur satellite organization is fighting an application from AST SpaceMobile to launch hundreds of satellites for space-based cellular service, saying the company's proposal to use the 430-440 megahertz frequencies for telemetry and command could cause interference with amateur satellites active in the band.
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July 22, 2025
Capital One Gets Discovery Pause In Trump De-Banking Suit
A Florida federal judge on Tuesday paused discovery in the lawsuit brought by President Donald Trump's revocable trust and Eric Trump against Capital One, citing a possibility the complaint — alleging the bank canceled hundreds of Trump-affiliated accounts after the Jan. 6, 2021, riot at the U.S. Capitol — could be dismissed.Â
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July 22, 2025
4th Circ. Affirms $190M Trademark Verdict Against Vivint
Smart home software company Vivint on Tuesday lost its appeal seeking to overturn a nearly $190 million verdict in which a North Carolina jury found it liable for deceiving customers of a rival local security company, with the Fourth Circuit finding there was enough evidence to support the award.
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July 22, 2025
Transportation Cases To Watch: Midyear Report 2025
Litigation concerning whether local delivery drivers qualify as transportation workers exempt from arbitration and clashes over the scope of federal preemption in personal injury cases involving freight brokers and motor carriers are among the court battles that transportation attorneys are watching in the latter half of 2025.
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July 22, 2025
Boeing Says Calif. Ties Not Related To 737 Max Midair Blowout
The Boeing Co. is asking a California federal court to throw out claims against it stemming from the midair blowout of a door plug on one of its 737 Max 9 jets, saying the plaintiffs have failed to show that the incident had anything to do with the company's ties to California.
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July 22, 2025
Fiat Chrysler Denies Misleading Court Over Settlement Delays
Fiat Chrysler told a Michigan federal judge on Monday that changes to management and internal procedures are in part to blame for the continued delay in submitting documents to finalize a deal resolving allegations that the automaker sold vehicles with engines prone to catching fire, urging the court not to sanction the company.
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July 22, 2025
EU Deepens Look Into Universal Music $775M Downtown Deal
European Union antitrust enforcers kicked off an in-depth probe Tuesday into Universal Music Group's bid to buy Downtown Music Holdings, raising concerns that the $775 million transaction could give UMG access to the "commercially sensitive data of its rival record labels" held by Downtown.
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July 21, 2025
Meta Took Data Of 30M Women From Menstrual App, Jury Told
Meta illegally took private health information from over 30 million women who used Flo Health's menstrual cycle app, a lawyer for the plaintiffs told a California jury Monday during opening statements in their privacy class action against the social media giant and the app-maker.
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July 21, 2025
Trump Asks DC Circ. To Block FTC Dem's Reinstatement
The Trump administration on Monday asked the D.C. Circuit to pause a Thursday order restoring a fired Federal Trade Commission Democrat's job, arguing that the ruling defies recent U.S. Supreme Court orders staying similar reinstatements at other independent agencies.
Expert Analysis
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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.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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2025's First Half Brings Regulatory Detours For Fintechs
The first half of the year has resulted in a bifurcated regulatory environment for fintechs, featuring narrowed enforcement in some areas, heightened scrutiny in others and a policy window that, with proper compliance, offers meaningful opportunities for innovation, say attorneys at Sheppard Mullin.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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3 Juror Psychology Principles For Expert Witness Testimony
Expert witnesses can sometimes fall into traps when trying to teach juries complex topics by failing to consider the psychology of juror comprehension, but attorneys can help witnesses avoid these pitfalls with a deeper understanding of cognitive lag, chunking and learning styles, says Steve Wood at Courtroom Sciences.
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Comparing Stablecoin Bills From UK, EU, US And Hong Kong
For multinational stablecoin issuers, navigating the differences and similarities among regimes in the U.K., EU, Hong Kong and U.S., which are currently unfolding in several key ways, is critical to achieving scalable, compliant operations, say attorneys at Morgan Lewis.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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Focusing On Fluoride: From FDA To Class Action
A class action filed two days after the U.S. Food and Drug Administration announced plans to remove ingestible fluoride prescription drug products for children from the market may be the tip of the iceberg in terms of the connection between government pronouncements on safety and their immediate use as evidence in lawsuits, says Rachel Turow at Skadden.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Fla. Condo Law Fix Clarifies Control Of Common Areas
Florida's repeal of a controversial statutory provision that permitted developers of mixed-use condominium properties to retroactively assert control over common facilities marks a critical shift in legal protections for unit owners and associations, promoting fairness, transparency and accountability, say attorneys at Pardo Jackson.