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Consumer Protection
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July 24, 2025
Commission Inflation Suit Spurs COVID Tolling Query In Conn.
A Connecticut judge on Thursday questioned a real estate firm's argument that two antitrust suit plaintiffs misused a COVID-era executive order to enter the case after the statute of limitations would have expired, indicating she was concerned about the broad impact her ruling might have if she found the pandemic-era tolling unconstitutional.
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July 24, 2025
FCC Sheds Rules For Older Tech As Axing Other Regs Proceed
The Federal Communications Commission on Thursday jettisoned some older rules applying to technologies that have fallen out of general use and asserted the power to wield an expedited procedure in the future to get rid of other rules it deems outdated.
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July 24, 2025
Sun Pharma Settles Consumer Price Fixing Case For $200M
Sun Pharmaceuticals has agreed to a $200 million settlement with a class of consumers who claim that the company joined other generics makers in fixing drug prices.
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July 24, 2025
Magistrate Says DR Horton Refused To Hear Accessibility Ask
A magistrate judge in Texas federal court endorsed claims that homebuilder D.R. Horton refused to consider adding accessibility features to single-family houses under construction, while finding another claim brought by three plaintiffs and a fair housing group is reserved only for multifamily properties.
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July 24, 2025
Conn. Water Cos. Want Judge To Toss Customer PFAS Cases
The Connecticut Water Co. and Aquarion Water Co. on Thursday asked a Connecticut Superior Court judge to dismiss two consumer proposed class actions seeking cash damages for tap water allegedly contaminated with PFAS "forever chemicals," arguing the case should have been first considered by a state regulatory agency.
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July 24, 2025
Groups Say Google Shirks EU Mandate To Allow App Deletion
Advocacy groups asked European Union antitrust enforcers on Thursday to investigate Google's parent company, Alphabet, accusing the technology giant of "an open attempt to circumvent" EU law requiring designated technology "gatekeepers" to permit users to uninstall apps easily.
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July 24, 2025
New FCC Auction Criticized For Lack Of Tribal Window
The Federal Communications Commission pushed ahead with a new auction of the airwaves Thursday, but its rejection of a tribal "priority" window led to criticism from one FCC member.
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July 24, 2025
Fintech Orgs. Urge Trump Admin To Back Open Banking Rule
A coalition of fintech and crypto industry groups on Thursday called on the Trump administration to defend the open banking rule in an ongoing legal challenge after the Consumer Financial Protection Bureau sided with banking trade groups to argue the data-sharing mandate exceeded its authority.
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July 24, 2025
Novo Nordisk Resolves Ozempic TM Suit Against Drugmaker
Novo Nordisk has settled claims of trademark infringement and unfair trade practices against Connecticut drugmaker LIVation LLC over the latter's comparisons of its compounded drugs to the Danish pharmaceutical company's Ozempic medication.
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July 24, 2025
Texas Hemp Group Blasts New Legislative Proposal
A Texas hemp industry advocate has slammed a second effort by the state Senate to ban all consumable products containing THC, saying residents want "smart, responsible regulation," not "prohibition."
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July 24, 2025
NCUA Board Members 'Glad To Be Back' Amid Trump Fight
The National Credit Union Administration officials who were ousted this spring by President Donald Trump took part Thursday in their first board meeting since a federal judge reinstated them just two days earlier, even as the court fight for their jobs continues.
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July 24, 2025
EU Probes If KKR Gave 'Incorrect Or Misleading' Merger Info
European Union antitrust enforcers announced an investigation Thursday into whether KKR & Co. Inc. provided "incorrect or misleading information" as part of the review of its $23.7 billion acquisition of NetCo that received unconditional approval last year.
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July 24, 2025
Feds Can't End Bank Oversight After $3M Redlining Deal
A Pennsylvania federal judge has rejected the government's bid to release a bank it previously accused of discriminatory lending from court oversight, holding that continued enforcement was "essential" to make sure the terms of a settlement resolving the allegations were adhered to.
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July 24, 2025
Victim Takes Stand, Tells Of Girlfriend Killed In Tesla Crash
A woman killed in a 2019 Florida Keys crash was "just a light" who brought joy to everyone she met, her boyfriend told jurors Thursday in a trial over whether Tesla's autopilot system is to blame for the crash.
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July 24, 2025
Eli Lilly's Trademark Suit Not 'Abuse Of Process'
A Washington federal judge has tossed out counterclaims by a pair of clinics being sued for trademark infringement by Eli Lilly & Co., saying the acts of filing the suit and making a settlement demand are not in themselves abuse of process.
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July 24, 2025
Judge Says UiPath Investors Disappointed, Not Deceived
Automation software firm UiPath Inc. has, for now, defeated a consolidated investor suit accusing it of falsely touting the success of a new development strategy, after a federal judge said that security laws do not shield against bad outcomes and investors did not plausibly allege material misstatements or fraudulent intent.
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July 24, 2025
NC Urges 4th Circ. Not To Block Vape Regs During Appeal
North Carolina officials are urging the Fourth Circuit to deny a bid by vape interests to block enforcement of a new state vaping regulation while they appeal their case, saying the plaintiffs have already tried, and failed, three times to show they deserve an injunction.
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July 23, 2025
Deleted Data, Juror DQ Heat Up Tesla Fatal Crash Trial
A Tesla software engineer had no explanation for how autopilot data about a fatal Florida Keys crash was permanently deleted or moved, in a deposition shown to jurors Wednesday that capped off two days of trial that also saw a juror removed over social media posts about Tesla CEO Elon Musk.
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July 23, 2025
Navy Federal Inks $1.7M Deal Over Rejected Fraud Claims
Customers of Navy Federal Credit Union have asked a California judge to give an initial nod to a proposed $1.7 million deal ending class action claims the credit union "mechanically" rejected fraud claims after they saw accounts drained of funds by unauthorized users.
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July 23, 2025
FTC Wants PE Firm's Medical Device Coating Deal Put On Ice
Private equity firm GTCR BC Holdings' $627 million merger with Surmodics will bring the previously fierce competition for medical device coatings to a grinding halt, the FTC says, which is all the more reason a federal court should block the deal while an agency challenge plays out.
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July 23, 2025
ÃÛÌÒÊÓÆµ Sued Over Retreat From Biden-Era Small-Biz Loan Rule
The Consumer Financial Protection Bureau was sued Wednesday in Washington, D.C., federal court over claims it is illegally dismantling a data-collection rule meant to expose discrimination in small-business lending, the latest twist in multi-front litigation over the Biden-era measure.
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July 23, 2025
911 Call Centers Face Cybersecurity Risks, Mich. Says
As the Federal Communications Commission moves to transition the country to next-generation 911 services, it should take a closer look at cybersecurity, a Michigan emergency response panel told the agency.
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July 23, 2025
Apple Beats Consumer Suit Over ICloud Storage At 9th Circ.
A Ninth Circuit panel affirmed Wednesday the dismissal of a proposed class action claiming Apple misled consumers about how much iCloud storage they were getting, finding that no reasonable person would expect the 200GB plan she bought would stack on top of Apple's free 5GB and that Apple's conduct wasn't deceptive.
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July 23, 2025
MIT Grads Can't Escape $25M Crypto Heist Charges
Two Massachusetts Institute of Technology-educated brothers accused of executing a $25 million cryptocurrency theft remain on the hook for fraud after a New York federal judge ruled Wednesday that prosecutors have shown that the pair's novel methods intended to deceive certain traders and meddled with transactions.
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July 23, 2025
Meta Grabs Menstrual App Users' Data For Ads, Jury Told
Meta collected sensitive medical information using the Flo Health menstrual cycle app and used that information to sell targeted ads, a computer security expert told a California jury Wednesday in a multibillion-dollar privacy class action brought on behalf of 13 million women.
Expert Analysis
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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3 Change Management Tools To Boost Compliance Efforts
As companies grapple with rapidly changing regulations and expectations, leaders charged with implementing their organizations’ compliance programs should look to change management principles to make the process less costly and more effective, says Liisa Thomas at Sheppard Mullin.
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FDIC Rules Rollback Foretells More Pro-Industry Changes
The Federal Deposit Insurance Corp.’s March withdrawal of Biden-era proposals to tighten brokered deposit rules and impose new corporate governance standards shows that acting chair Travis Hill’s commitment to reviewing regulations that may restrict growth and innovation for financial institution and fintech companies is unlikely to flag soon, say attorneys at Cooley.
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Understanding How Jurors Arrive At Punitive Damage Awards
Much of the rising trend of so-called thermonuclear verdicts can be tied to punitive damages amounts that astonish the imagination, so attorneys must understand the psychological underpinnings that drive jurors’ decision-making calculus on damages, says Clint Townson at Townson Litigation.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Avoiding Compliance Risks Under Calif. Recycling Label Law
CalRecycle's recently published final findings on California's S.B. 343 — determining which products and packaging materials are eligible to use the "chasing arrows" recyclability symbol — offer key guidance that businesses operating in the state must heed to avert the risk of penalties or litigation, says Christopher Smith at Greenspoon Marder.
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FDIC Unlocks A Door To Banks' Potential Crypto Future
The Federal Deposit Insurance Corp.'s recent crypto guidance broadens the scope of permissible activities for banks to an unprecedented level, although most institutions are unlikely to initiate or expand such practices in the immediate future, says Amanda Kowalski at Barley Snyder.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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Tracking FTC Labor Task Force's Focus On Worker Protection
The Federal Trade Commission recently directed its bureaus to form a joint labor task force, shifting the agency's focus toward protecting consumers in their role as workers, but case selection and resource allocation will ultimately reveal how significant labor markets will be in the FTC's agenda, say attorneys at Venable.
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Opinion
It's Time To Reform Mass Arbitration
A number of recent lawsuits demonstrate how problematic practices in mass arbitration can undermine its ability to function as a tool for fair and efficient dispute resolution — so reforms including early case filtering, stronger verification requirements and new fee structures are needed to restore the arbitration system's integrity, says Kennen Hagen at FedArb.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Aviation Watch: New FAA Chief Will Face Strong Headwinds
Once confirmed, Bryan Bedford, President Donald Trump's nominee to head the Federal Aviation Administration, will face steep challenges — including a shortage of air traffic controllers, a recent spate of high-profile crashes, and the difficulty of working within an administration intent on cutting staffing and funding, says Alan Hoffman, a retired attorney and aviation expert.
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Notable Q1 Updates In Insurance Class Actions
The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.
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The SEC's Administrative Law Courts Are At A Crossroads
The U.S. Department of Justice's recent departure from its prior defense of the U.S. Securities and Exchange Commission's administrative law judges' legitimacy moves the forum deeper into a constitutional limbo that likely requires congressional action, says Dean Conway at Carlton Fields.
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SEC's Noteworthy Stablecoin Guidance Comes With Caveats
The U.S. Securities and Exchange Commission recently issued a statement concluding that a narrow class of stablecoins doesn't involve the offer or sale of securities — a significant step forward in recognizing that not all crypto-assets are created equal, though there remains a pressing need for broader regulatory clarity, say attorneys at A&O Shearman.