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Consumer Protection
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June 03, 2025
'World's Purest Baby Wipes' Not Pure, Microplastics Suit Says
A California woman on Monday lodged a putative class action against baby wipes manufacturer WaterWipes, telling a San Francisco federal court that what the company describes as plastic-free baby wipes actually have a concerning amount of microplastics.
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June 03, 2025
Kim Kardashian Settles Judd Furniture Knockoffs Suit
Kim Kardashian and West Hollywood-based interior design firm Clements Design have agreed to dismiss a case brought by the late artist Donald Judd's foundation accusing Kardashian of purchasing knockoff versions of Judd's furniture.
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June 03, 2025
FCC Urged To Move Faster In Opening Upper C-Band
A Washington, D.C., think tank said the Federal Communications Commission should move quickly to open the upper C-band for mobile 5G use while maintaining protections for aircraft that use nearby airwaves.
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June 03, 2025
Coinbase Says Ore. Enforcement Action Belongs In Fed Court
Crypto exchange Coinbase told an Oregon federal judge that a securities enforcement suit from the state's attorney general belongs in federal court since the action amounts to an "attempt to invade the province of federal law" in the wake of federal regulators' pivot away from enforcement against digital asset firms.
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June 03, 2025
KKR Says DOJ Merger Notice Suit Rewrites HSR Act
KKR pushed a New York federal judge to dismiss a U.S. Department of Justice lawsuit seeking fines that could top $650 million, arguing that in defending claims the private equity giant failed to notify two mergers and deleted key documentation from notifications, enforcers are trying to "expand" merger filing requirements.
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June 03, 2025
Bills Texas Attys Should Know From The 2025 Session
Texas lawmakers wrapped up the state's 89th legislative session this week, passing a number of bills on topics like artificial intelligence and social media, business law and the authorities granted to the attorney general.
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June 03, 2025
Wells Fargo Free To Grow After Fed Ends $2T Asset Cap
The Federal Reserve announced Tuesday that it has lifted the $2 trillion asset cap it imposed on Wells Fargo & Co. as part of a 2018 enforcement action stemming from the so-called fake accounts scandal, finding the bank has met all conditions required by the regulator.
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June 03, 2025
Hemp Cos. Say Md. Pot Law Cuts Them Out Of State's Market
A group of hemp businesses and buyers is suing Maryland and its cannabis regulator, saying the state is using a 2023 law and licensing scheme to push the companies out of the market by only allowing licensed marijuana dispensaries to sell federally legal hemp products.
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June 03, 2025
Norton Rose Adds K&L Gates Product Liability Litigator In LA
Norton Rose Fulbright is expanding its product liability team, announcing Tuesday that it is bringing in a K&L Gates LLP trial attorney as a partner in its Los Angeles office.
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June 03, 2025
Calif. Mazda Oil Leak Deal Dooms NC Class Claims
Mazda has escaped class claims alleging leaky valve stems caused cars to burn excessive oil when a North Carolina federal judge ruled that the driver didn't opt out of a similar class action settlement across the country in California.
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June 03, 2025
Tom Girardi Sentenced To Over 7 Years For $15M Client Fraud
A California federal judge sentenced Tom Girardi on Tuesday to over seven years in prison for his wire fraud conviction, granting some leniency to the disbarred attorney on his 86th birthday by imposing a sentence below the guidelines in recognition of his age and ailing health.
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June 03, 2025
The Law360 400: A Look At The Top 100 Firms
A rebound in client work sent the nation’s largest law firms into growth mode last year, driving a wave of hiring, mergers and strategic moves that reshaped the top tier of the Law360 400. Here's a preview of the 100 firms with the largest U.S. attorney headcounts.
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June 02, 2025
5th Circ. Will Mull In-House Banking Cases In Jarkesy's Wake
A Fifth Circuit panel is set to scrutinize in-house proceedings at the Federal Deposit Insurance Corp. and other banking agencies on Tuesday in a trio of appeals with the potential to upend the regulators' primary mode of enforcement.
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June 02, 2025
Amazon Defeats Prime Subscribers' Privacy Suit For Good
A Washington federal judge has permanently tossed Amazon Prime subscribers' proposed class action alleging that the company illegally disclosed their personal viewing habits, ruling that they still haven't plausibly alleged that Amazon "actually and affirmatively" shared their information.
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June 02, 2025
Trucking Co. Can't Ditch Ill. Suit Over Workers' Face Scans
An Illinois federal judge has refused to toss a putative class action accusing HMD Trucking Inc. of violating the state's biometric privacy law by collecting and storing drivers' face scans through cameras installed in its trucks, finding that this data qualifies as "biometric identifiers" protected by the statute and that the claims aren't preempted by federal law.
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June 02, 2025
Montana Tribal Tariff Dispute Will Stay In US Trade Court
A Montana federal judge won't reconsider an order to transfer a challenge to President Donald Trump's Canada tariff orders by members of the Blackfeet Nation to the U.S. Court of International Trade, saying the CIT has historical jurisdiction over claims by tribal members on import and duty-related actions.
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June 02, 2025
Yacht Maker's Arbitration Clause Struck In Warranty Fight
A Delaware judge has declined to send to arbitration a proposed class action accusing a French yacht maker's American subsidiary of violating U.S. consumer protection law by requiring buyers to have their boats periodically serviced at the company's dealerships.
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June 02, 2025
PacificCorp Fights Wash.'s Carbon Limit Program At 9th Circ.
PacificCorp urged the Ninth Circuit on Monday to revive claims alleging Washington's carbon emissions cap-and-invest program unconstitutionally discriminates against out-of-state customers by imposing emissions allowances for power exported out of state, while Washington argued that the lawsuit seeks to create a "loophole" that would result in a "free pass" on emissions.
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June 02, 2025
Milei-Promoted Crypto Token Buyers Get $57.6M Freeze
A New York federal judge has ordered the freeze of more than $57 million in proceeds from the crypto project Libra, as a proposed class presses claims that the alleged operators misled them into buying up the token with the help of an endorsement from Argentine President Javier Milei just before it tanked.
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June 02, 2025
DOJ Urged To Sue States Over Broadband Rate Caps
Broadband industry groups want the U.S. Department of Justice to bring suit against California and other states pursuing new caps on internet service rates for low-income households, pointing to myriad harms they say the state laws would inflict on consumers.
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June 02, 2025
Amazon Gets A Look At Some Of FTC's Antitrust Suit Theory
A Washington federal judge said Monday the Federal Trade Commission must hand over some information about the underlying legal theories in its landmark antitrust case against Amazon but mostly agreed with the agency that the company's discovery requests were "premature."
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June 02, 2025
9th Circ. Sends Express Scripts Opioid Case To State Court
The Ninth Circuit sent California's public nuisance lawsuit against Express Scripts and OptumRx over opioid dispensing back to state court Monday and denied the pharmacy benefit managers' bid to stay the remand pending appeal, saying the U.S. Supreme Court's 2009 Nken decision controls, not its later Coinbase ruling.
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June 02, 2025
Nike Floods Inboxes With Misleading Sales Promos, Suit Says
A Nike customer has filed a proposed class action in Washington state court accusing the sports apparel giant of flooding his inbox with promotional emails with misleading subject lines to trick him into acting quickly to take advantage of discount deals that don't have a legitimate expiration date.
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June 02, 2025
Alaska Airlines, Flyers Say Boeing Can't Ditch Calif. Blowout Suit
Boeing's extensive business ties to California sufficiently establish a Golden State federal court's specific personal jurisdiction over a lawsuit stemming from a January 2024 midair door plug blowout aboard an Alaska Airlines flight, the airline and passengers told a federal judge Friday.
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June 02, 2025
Iowa Taking Fight Over E-Cigarette Law To 8th Circ.
Iowa's Department of Revenue is taking a decision blocking it from enforcing a new law prohibiting the sale of many e-cigarettes to the Eighth Circuit, according to documents filed recently in Iowa federal court.
Expert Analysis
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Evidence Rule May Expand Use Of Out-Of-Court Statements
A proposed amendment to Federal Rule of Evidence 801(d)(1)(A) would broaden the definition of nonhearsay, reflects a more pragmatic approach to regulating the admissibility of out-of-court statements by declarant-witnesses, and could help level the playing field between prosecutors and criminal defendants, say attorneys at Hangley Aronchick.
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How The AI Antitrust Landscape Might Evolve Under Trump
The Trump administration's early actions around artificial intelligence and antitrust policy, along with statements from competition regulators, suggest that the AI competition landscape may see reduced scrutiny around acquisitions, but not an entirely hands-off enforcement approach, say attorneys at Hogan Lovells.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Questions Remain After Justices' Narrow E-Rate FCA Ruling
The U.S. Supreme Court’s recent decision in Wisconsin Bell, holding that requests for reimbursement from the Federal Communications Commission's E-Rate program are subject to False Claims Act liability, resolves one important question but leaves several others open, says Jason Neal at HWG.
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Opinion
At 100, Federal Arbitration Act Is Used To Thwart Justice
The centennial of the Federal Arbitration Act, a law intended to streamline dispute resolution in commercial agreements, is an opportunity to reflect on its transformation from a tool of fairness into a corporate shield that impedes the right to a fair trial, says Lori Andrus at the American Association for Justice.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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The Math Of Cross-Examination: Less Is More, More Is Less
When conducting cross-examination at trial, attorneys should remember that “less is more, and more is less” — limiting both the scope of questioning and the length of each query in order to control the witness’s testimony and keep the factfinders’ attention, says Thomas Innes at the Defender Association of Philadelphia.
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Short-Term Predictions For The Ƶ's Fate Under Trump
Though the Trump administration is unlikely to succeed in abolishing the Consumer Financial Protection Bureau, new leadership will likely moderate enforcement, possibly prompting state attorneys general to step up supervision, say attorneys at Husch Blackwell.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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A Closer Look At FDX's New Role As Banking Standard-Setter
Should the new Consumer Financial Protection Bureau let stand the decision empowering Financial Data Exchange as an industry standard-setter, it will be a significant step toward broader financial data-sharing, but its success will depend on industry adoption, regulatory oversight and consumer confidence, say attorneys at Clark Hill.
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What To Expect In Crypto Banking After SEC Nixed Guidance
With the U.S. Securities and Exchange Commission recently rescinding its controversial cryptocurrency accounting guidance, the industry's focus will turn to the potentially significant hurdle to crypto banking posed by the federal banking regulators, say attorneys at Duane Morris.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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Tools For Witness Control That Go Beyond Leading Questions
Though leading questions can be efficient and effective for constraining a witness’s testimony, this strategy isn’t appropriate for every trial and pretrial scenario, so techniques like headlining and looping can be deployed during direct examination, depositions and even witness interviews, says Allison Rocker at Baker McKenzie.
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Opinion
Weight Drug Suits Highlight Need For Legal Work On Safety
The rapid ascent of glucagon-like peptide-1 receptor agonists like Ozempic has revolutionized diabetes management and weight loss — but legal wrangling over issues including off-label prescriptions, side effects and compounded versions underscores lawyers' roles in protecting patient safety, says attorney Gregg Goldfarb.
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What Travis Hill's Vision For FDIC Could Portend For Banks
If selected to lead the Federal Deposit Insurance Corp. in a permanent capacity, acting Chairman Travis Hill is likely to prioritize removing barriers to innovation and institution-level growth, emphasizing the idea that eliminating rules, relaxing standards and reducing scrutiny will reinvigorate the industry, say attorneys at Mitchell Sandler.