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Consumer Protection
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July 01, 2025
5th Circ. Backs Dallas Short-Term Lending Ordinance
The Fifth Circuit denied a short-term lender's request for a court order blocking a Dallas city ordinance that created new hurdles for lenders, saying Tuesday the short-term lender did not demonstrate that the ordinance would shut down the industry.
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July 01, 2025
FCC Drops $2.6M Kid TV Ad Fine, Lets Sinclair Settle
The Federal Communications Commission is going to let Sinclair Broadcast Group LLC slide by with a "voluntary contribution" of $500,000 instead of the $2.6 million forfeiture the agency had proposed for running more commercials than it was allowed to during children's TV programs.
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July 01, 2025
Weichert, EXp Can't Pause Mo. Broker Fees Antitrust Case
A Missouri federal judge rejected Weichert Co. and eXp's bids to stay an antitrust class action accusing the National Association of Realtors and multiple brokerages of conspiring to artificially inflate buyer-broker commission fees.
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July 01, 2025
Google Wants Texas Ad Tech Trial To Wait On DOJ Judge
Google has asked a Texas federal judge to delay the looming August trial in a case from state enforcers targeting its advertising technology until after a Virginia federal judge issues her final judgment in a similar case by the U.S. Department of Justice.
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July 01, 2025
Turkey Cos. Must Face Price-Fix Suit From Litigation Funder
An Illinois federal judge rejected a summary judgment bid from major turkey processors fighting a price-fixing antitrust suit, ruling that a litigation funding company can continue to pursue claims against the poultry processors as a stand-in for wholesale food distributor plaintiffs.
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July 01, 2025
DC Circ. OKs Trump Firing Of Privacy Board Dems, For Now
The D.C. Circuit on Tuesday halted a lower court's order that blocked the Trump administration from firing two Democratic members of the Privacy and Civil Liberties Oversight Board, suggesting in a per curiam order that members of the oversight board lacked adjudicatory functions that could shield them from termination.
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July 01, 2025
Apple Backers Raise Price, Privilege Concerns At 9th Circ.
Trade groups and advocacy organizations have raised a series of concerns with the Ninth Circuit about a federal district court mandate blocking Apple from charging commissions on iPhone app purchases made outside its systems, arguing an Epic Games Inc. injunction redux improperly compels speech, imperils price-setting autonomy and threatens legal privilege.
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July 01, 2025
State AGs Sue Gov't To Halt Medicaid Data Sharing With ICE
A California-led coalition of nearly two dozen state attorneys general is pushing a federal court to stop the U.S. Department of Health and Human Services from giving immigration officials "unfettered access" to Medicaid recipients' personal health information, arguing that the sharing flouts decades of policy and practice.
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July 01, 2025
Cash App Parent Co. To Settle Spam Text Suit For $12.5M
Block Inc., the parent company of mobile payment service Cash App, has made a $12.5 million settlement with customers who allege that they were bombarded with "annoying and harassing spam texts" from the company.
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July 01, 2025
4th Circ. Affirms CVS Win In Vaccine Injury Suit
CVS Pharmacy can't be held liable for the chronic neurological injuries a woman suffered due to the allegedly improper injection of two vaccines, the Fourth Circuit ruled Tuesday in a published opinion, noting that federal law shields the company for one of the shots, and it's unclear which caused the harm.
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July 01, 2025
The Sharpest Dissents From The Supreme Court Term
The term's sharpest dissents often looked beyond perceived flaws in majority reasoning to raise existential concerns about the role and future of the court, with the justices accusing one another of rewarding executive branch lawlessness, harming faith in the judiciary and threatening democracy, sometimes on an emergency basis with little briefing or explanation.
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July 01, 2025
All Eyes On Congress After FCC Subsidy's High Court Win
Supporters of the Federal Communications Commission's subsidies for phone and broadband service notched a clear win at the U.S. Supreme Court last week when justices upheld the Universal Service Fund's levy on telecom companies, but lawmakers now face pressure to beef up the $9 billion program's revenue sources.
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July 01, 2025
Judge Advances Shaq And FTX Investors' $1.8M Deal
A $1.8 million settlement between FTX investors and former NBA star Shaquille O'Neal has received preliminary sign-off from a Florida federal judge in a step toward confirming the deal that would resolve claims that the retired NBA star misled FTX investors with his alleged promotion of the now-collapsed cryptocurrency exchange.
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July 01, 2025
Banking Groups Call For Indexing Of Regulatory Thresholds
The American Bankers Association and its state counterparts are urging federal regulators to prioritize updating thresholds that trigger heightened supervisory obligations to account for inflation and the growth of the banking sector, arguing that the current standards unintentionally subject some institutions to burdensome requirements.
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July 01, 2025
Justices Face Busy Summer After Nixing Universal Injunctions
The U.S. Supreme Court's decision to limit nationwide injunctions was one of its biggest rulings of the term — a finding the court is likely going to be dealing with all summer. Here, Law360 takes a look at the decision, how it and other cases on the emergency docket overshadowed much of the court's other work, and what it all means for the months to come.
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July 01, 2025
Mobile Cos. Applaud Senate Revival Of Spectrum Auctions
The wireless industry on Tuesday praised the Senate's narrow passage of a budget reconciliation package that directs the federal government to identify and auction hundreds of megahertz of electromagnetic spectrum for private companies' use.
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July 01, 2025
Hurricane Beryl Lawsuits Combined Into MDL
The Texas Multi-District Litigation Panel has agreed to consolidate cases stemming from a July 2024 hurricane into an MDL.
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July 01, 2025
Oppenheimer Drops Suit Over Ex-Adviser's Ponzi Scheme
Oppenheimer & Co. Inc. has dropped its suit against three North Carolina residents challenging whether they are entitled to arbitrate their case against the financial services giant over a Ponzi scheme orchestrated by a former employee, court records show.
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July 01, 2025
Texas Law Shield Must Face Revived Client Solicitation Suit
A Texas appeals court has revived an anti-barratry lawsuit accusing a legal organization that advises people hit with firearms-related actions of illegally and unethically marketing attorney services during a training session on active shooters in late 2022, finding that fact issues raised in the case had not been addressed.
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July 01, 2025
NY AG Urges Lawmakers To Strengthen Stablecoin Legislation
New York's Attorney General Letitia James is calling on U.S. lawmakers to strengthen pending bills to regulate so-called stablecoins in a letter made public Tuesday that argued neither the House nor the Senate's proposals contain the necessary guardrails to protect consumers.
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July 01, 2025
7th Circ. Backs Walmart's 'Raw Honey' False Ad Dismissal Win
A Walmart customer who accused the retail giant of falsely labeling processed honey as raw or organic "pled himself out of court" by acknowledging the product's higher chemical compound levels could have other obvious explanations beyond simply overheating, the Seventh Circuit said Tuesday.
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July 01, 2025
House Report Says Ad Group Colluded With Foreign Gov'ts
The World Federation of Advertisers' digital safety initiative targeted conservative voices with a digital advertising pressure campaign meant to "undermine American civil liberties" and "limit" consumer choice up until the project's discontinuation last year, according to a new report from the Republican-controlled House Judiciary Committee.
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July 01, 2025
Proxy Firms Don't 'Solicit' Investor Votes, DC Circ. Rules
A D.C. Circuit panel Tuesday ruled that proxy advisory firms do not "solicit" proxy votes, thus denying a manufacturing industry group's attempt to revive a U.S. Securities and Exchange Commission rule regulating those firms.
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July 01, 2025
Pool Co. Can Sell Off Inventory On Amazon Despite Sales Ban
A bankrupt swimming pool equipment company can sell off its remaining inventory on Amazon notwithstanding a contempt order that largely bans its Chinese parent company from selling products in the United States, a North Carolina federal judge has ruled.
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July 01, 2025
2nd Circ. Scrubs $4M Wet Wipes Settlement Over Atty Fees
The Second Circuit on Tuesday vacated a $4 million settlement agreement to end claims that wet wipes made by Kimberly-Clark Corp. are not flushable as advertised, saying the trial court didn't properly consider the allocation of recovery between class counsel and the class.
Expert Analysis
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Opinion
Ripple Settlement Offers Hope For Better Regulatory Future
The recent settlement between the U.S. Securities and Exchange Commission and Ripple — in which the agency agreed to return $75 million of a $125 million fine — vindicates criticisms of the SEC and highlights the urgent need for a complete overhaul of its crypto regulation, says J.W. Verret at George Mason University.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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Strategies To Help Witnesses Manage Deposition Anxiety
During and leading up to deposition, witnesses may experience anxiety stemming from numerous sources and manifesting in a variety of ways, but attorneys can help them mitigate their stress using a few key methods, say consultants at Courtroom Sciences.
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FDIC Shift On ALJs May Show Agencies Meeting New Norms
The Federal Deposit Insurance Corp.’s recent reversal, deciding to not fight a Kansas bank’s claim that the FDIC's administrative law judge removal process is unconstitutional, shows that independent agencies may be preemptively reconsidering their enforcement and adjudication authority amid executive and judicial actions curtailing their operations, say attorneys at Snell & Wilmer.
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How Cos. Can Mitigate Increasing Microplastics Liability Risk
Amid rising scrutiny in the U.S. and Europe of microplastics' impact on health and the growing threat of litigation against consumer product and food and beverage manufacturers, companies can limit liability through compliance with labeling laws, careful contract management and other practices, say attorneys at Rogers Joseph.
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Meta Case Brings Customer-Facing Statements Issue To Fore
Now that Facebook v. Amalgamated Bank has returned to California federal court after the U.S. Supreme Court in November found it improvidently granted certiorari, it will be worth watching whether customer-facing communications, such as Facebook's privacy policies, are found to be made in connection with the sale of a security, says Samuel Groner at Fried Frank.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Home Depot Ruling Tolls Death Knell For 'Silent Cyber'
The Sixth Circuit's recent ruling that Home Depot's insurers did not have to cover costs from a data breach hammered one more nail in the coffin of silent cyber, where coverage is sought under standard property or commercial general liability policies that were not intended to insure cyberattack claims, say attorneys at Zelle.
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How Latin American Finance Markets May Shift Under Trump
Changes in the federal government are bringing profound implications for Latin American financial institutions and cross-border financing, including increased competition from U.S. banks, volatility in equity markets and stable green investor demand despite deregulation in the U.S., says David Contreiras Tyler at Womble Bond.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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4th Circ. Health Data Ruling Opens Door To State Law Claims
In Real Time Medical v. PointClickCare, the Fourth Circuit recently clarified that state law claims can rest in part on violations of a federal law that prohibits electronic health information blocking, expanding legal risks for health IT companies and potentially creating exposure to a range of competitive implications, say attorneys at BCLP.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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3 Action Items For Innovators Amid Fintech Regulatory Pivot
As the federal banking agencies seek to smooth the way for banks to engage in crypto-related activities, banks and technology companies should take note of this new chapter in payments services, especially as leadership in digital financial technology becomes a national priority, says Jess Cheng at Wilson Sonsini.