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Consumer Protection
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June 12, 2025
Senate GOP Moves To Confirm Trump's FCC Nominee
The U.S. Senate plans next week to bring up President Donald Trump's nomination of Olivia Trusty to the Federal Communications Commission.
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June 12, 2025
Turkey Buyers Fight Burford Units' Objection To Cargill Deal
Direct purchasers of turkey have told the Illinois federal judge handling consolidated turkey price-fixing litigation that he should disregard two litigation funding subsidiaries' untimely attempt to lodge what they called a meritless challenge to a nearly finalized price-fixing settlement with Cargill Inc.
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June 12, 2025
Ohio Law Bars Cities' Negligence Claims Against Hyundai, Kia
A California federal court sided with Hyundai and Kia by finding that an Ohio products liability law bars negligence claims from five Ohio cities in sprawling multidistrict litigation alleging the automakers knowingly sold vehicles with design flaws that resulted in a car theft crime spree.
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June 12, 2025
Insurer Says Hair Relaxer Maker Not Covered In Cancer Suits
An insurer told a Georgia federal court that it had no duty to defend a hair relaxer and beauty products manufacturer in underlying litigation filed by people who alleged that chemicals in hair relaxer products the company produced caused them to develop cancer and suffer bodily injuries.
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June 12, 2025
High 5 Can't Slash $7M Enhanced Damages In App Case
A Washington federal judge denied High 5 Games' post-trial bid to toss or lower a $7.2 million enhanced damages award for operating illegal casino-style mobile apps, finding that the amount was properly decided by a jury and complied with limits under Evergreen State consumer protection law.
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June 12, 2025
Hemp Retailer Sues DC, Feds Over District's Cannabis Policy
A Washington, D.C., hemp retailer has filed a pair of complementary lawsuits challenging the tangled enforcement and regulatory policies that govern cannabis and hemp in the nation's capital.
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June 12, 2025
Cannabis Co. TerrAscend Accused Of Spam Texts
Multistate marijuana operator TerrAscend Corp. was hit with a proposed class action in Michigan federal court Thursday accusing the cannabis giant of spamming customers with unsolicited texts in violation of the Telephone Consumer Protection Act.
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June 12, 2025
Texas Man Gets 11 Years In Cross-Border Transport Case
A Texas federal court has sentenced a man to 11 years in prison for helping lead a violent conspiracy to monopolize the transport of used vehicles and other goods from the U.S. through Mexico for resale in Central America.
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June 12, 2025
'Bad Faith': Valve Accused Of Thwarting Arbitration It Sought
Valve Corp. is blocking consumers from arbitrating antitrust claims against the gaming company by refusing to pay $20 million in arbitration fees, a "bad faith" move that flouts a court order granting Valve's bid to compel arbitration, a game buyer told a Washington federal judge in a motion for sanctions.
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June 12, 2025
8th Circ. Stubs Out Challenge To FDA Menthol Vape Denial
The Eighth Circuit on Thursday threw out a challenge from SWT Global Supply Inc. to the U.S. Food and Drug Administration's denial of its application to market menthol-flavored e-cigarettes, saying the agency didn't arbitrarily or capriciously find that the company's sales plan failed to meet its standards for promoting public health.
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June 12, 2025
Athletes Revive Title IX Objections In NIL Settlement Appeal
Eight female former and current college athletes who previously objected to the Title IX implications of the $2.78 billion settlement between the NCAA and a class of former athletes seeking past name, image and likeness pay have appealed the final approval of the settlement, granted just last Friday, to the Ninth Circuit.
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June 12, 2025
Deloitte Consulting Hit With TM Suit Over AI Platform
A blockchain-focused web platform that offers artificial intelligence tools has launched a lawsuit in New York federal court accusing Deloitte Consulting of infringing its trademark rights with its generative AI services product.
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June 12, 2025
Security Co. Drops Trade Secrets Claims Against Contractor
A Connecticut security monitoring company on Thursday dropped a federal lawsuit alleging that a sales contractor bought a secret list of more than 20,000 clients from a service technician and hatched a plan to sell it to competitors.
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June 12, 2025
Schumer Slams Delay In BEAD Funding As 'Shameful'
Senate Minority Leader Chuck Schumer, D-N.Y., blasted the Trump administration on the Senate floor Thursday for delaying the government's $42.5 billion broadband infrastructure program, saying it will harm New Yorkers who lack connectivity.
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June 12, 2025
United Center Vendor Sued Over Use Of Amazon Technology
A Compass Group subsidiary that provides food and beverage services to the United Center in Chicago has been sued in Illinois state court by concessions customers who claim it failed to get the informed consent required under the state's biometric privacy law before collecting their biometric information through Amazon's Just Walk Out cashierless checkout technology.
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June 11, 2025
States Tackle Data Privacy, Kids' Safety As Sessions Wrap Up
Connecticut, Texas, Oregon and other states with legislative sessions that end this month have pushed through laws that broaden existing data privacy statutes to sweep up more companies and categories of information and measures that seek to join the growing push to restrict kids' access to online platforms.
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June 11, 2025
9th Circ. Doubts Kleenex Ad Fight Belongs In District Court
Two judges on a Ninth Circuit panel doubted Wednesday that they have jurisdictional authority to revive a putative class action alleging Kimberly-Clark Corp.'s Kleenex Wet Wipes Germ Removal products mislead consumers about its ability to kill germs, saying repeatedly that the consumers' complaint has not met their burden to establish jurisdiction.
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June 11, 2025
Senate Panel Vets Trump FAA Pick's Aviation Safety Priorities
President Donald Trump's nominee to lead the Federal Aviation Administration pledged Wednesday to prioritize air traffic control upgrades, bolster staffing and reinvigorate safety programs, but deflected Democrats' repeated demands that he promise to preserve a 1,500-hour pilot training rule.
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June 11, 2025
Audible Can't Close Book On Audiobook Monopoly Suit
Audible must face a romance novelist's proposed class action alleging the Amazon-owned retailer monopolizes the audiobook market by trapping authors in unlawful exclusivity agreements to prevent their books from appearing on rival platforms while charging the authors supracompetitive distribution fees, a New York federal judge ruled Wednesday.
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June 11, 2025
Ƶ's Fee Brief May Be Gone But Not Forgotten, Judge Says
A Seattle federal judge has allowed the Consumer Financial Protection Bureau to pull back its Biden-era amicus support for a consumer fee class action against Nationstar Mortgage, but she said she may still take the agency's prior legal arguments into account.
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June 11, 2025
9th Circ. Judge Doubts Apple ICloud Buyer's Storage Appeal
A Ninth Circuit judge on a panel appeared skeptical Wednesday of an Apple consumer's bid to revive a proposed class action alleging the tech giant shortchanged tens of millions of paying iCloud subscribers out of 5 gigabytes of the storage space, saying the consumer "got exactly what you were promised."
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June 11, 2025
IP, Health Law Scholars Object To 23andMe Ch. 11 Data Sale
A number of university scholars urged a Missouri bankruptcy judge to require that DNA testing company 23andMe Holding Co.'s asset sale be contingent on the final buyer maintaining policies that benefit biomedical researchers.
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June 11, 2025
Chamber Looks To Keep Merger Notice Challenge In Texas
The U.S. Chamber of Commerce and other business groups have urged a Texas federal court not to transfer their case challenging the Federal Trade Commission's new merger filing requirements, arguing that several members based in the state regularly report mergers to the agency.
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June 11, 2025
Senate Advances Stablecoin Bill As Dems Decry Swift Pace
The Senate's proposal to regulate stablecoins cleared another procedural hurdle on Wednesday with bipartisan support despite some Democratic outcry over an allegedly limited opportunity to amend the bill.
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June 11, 2025
AGs Press Meta To Do More To Stop Pump-And-Dump Scams
Attorneys general from states and territories around the country, as well as the District of Columbia, sent an open letter to Meta Platforms Inc. Wednesday urging the social media giant to help stem the tide of widespread investment scams across Facebook and WhatsApp that they said have caused people to lose "life-changing" amounts of money.
Expert Analysis
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The Current And Future State Of Bank-Fintech Partnerships
Though the Consumer Financial Protection Bureau under President Donald Trump seems likely to cultivate an environment friendlier to the financial services industry, bank-fintech partnerships should stay devoted to proactive compliance and be ready to adapt to regulatory shifts that may intensify scrutiny from enforcers, say attorneys at Greenberg Traurig.
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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.