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Consumer Protection
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May 14, 2025
Chicken Price-Fixing Atty Fees Challenged Again At 7th Circ.
A class objector in Chicago's massive consolidated suit over broiler chicken price-fixing is again urging the Seventh Circuit to vacate an attorney fee award for class counsel in a $181 million deal for chicken buyers, saying the district court erred in calculating the $51.66 million awarded on remand.
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May 14, 2025
Keep DOGE Out Of Social Security Data, Unions Tell Justices
The U.S. Supreme Court has no reason to lift a ban on the Department of Government Efficiency accessing Social Security data, four unions argued in an amicus brief, backing two other unions in their bid to protect the injunction from the Trump administration's bid to defeat it.
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May 14, 2025
Judge Hints At Shielding Docs Of Live Nation Competitors
The California federal judge overseeing claims from concertgoers accusing Live Nation of violating antitrust law is likely to grant a request from ticketing rivals to protect documents the rivals say could facilitate the very conduct at issue in the case.
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May 14, 2025
NC Progressive Customers Get Class Cert. In Car Value Suit
A class of Progressive Auto Insurance customers in North Carolina suing over the company's alleged practice of making adjustments that reduced their compensation for total loss claims has been certified by a federal judge.
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May 14, 2025
Family Settles Drowning Suit With NC Vacation Rental Co.
A North Carolina beach house rental management company and its affiliates have settled a father's wrongful death lawsuit over a 2-year-old who drowned in a pool at an Emerald Isle vacation home, according to a notice filed Wednesday.
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May 14, 2025
CFTC Forex Case Dismissed Over Sanctioned Conduct
A New Jersey federal judge on Wednesday approved sanctions against the U.S. Commodity Futures Trading Commission, one day after a special master's report said the agency acted in "bad faith" to gain a "tactical advantage" over a foreign exchange firm it accused of fraud.
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May 14, 2025
Fintech Group OK'd To Defend ÃÛÌÒÊÓÆµ Open-Banking Rule
Fintech industry group the Financial Technology Association received the green light on Wednesday to defend the Consumer Financial Protection Bureau's open banking rule in an ongoing legal challenge from the banking industry.
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May 14, 2025
BofA, Fla. Woman End Suit Over Imposter's $2M Grab
Bank of America has settled a suit accusing the bank of failing to protect a 67-year-old Florida woman's accounts as she fell victim to a sophisticated social engineering scam by a person posing as a Federal Trade Commission investigator who stole $2 million.
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May 14, 2025
House Committee Tees Up FCC Auction Reauthorization
While the House Energy and Commerce Committee on Tuesday was voting to clawback billions of dollars earmarked during the Biden administration for climate spending, it also managed to tee up a provision allowing the FCC to auction off spectrum once again.
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May 14, 2025
Keurig Settles For $950K Over Coffee Maker Defect
Keurig Green Mountain Inc. has agreed to pay $950,000 and extend the warranty on its coffee makers to resolve a suit alleging they were sold with a defect that rendered them unusable after descaling.
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May 14, 2025
Trump's Unorthodox US Atty Picks May Face Learning Curve
While some of President Donald Trump's picks for U.S. attorney fit the typical mold — former federal prosecutors and BigLaw alums — others lack the type of court experience that can be crucial for effective office management and earning the respect of judges, experts say.
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May 14, 2025
National Grid​​​​​​​ Must Face Jury Trial In Debt Harassment Suit
A Massachusetts federal judge ruled Wednesday that power company National Grid and two debt collectors must face a jury trial in a suit by a customer who says he was contacted about his outstanding debt more often than state law allows.
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May 14, 2025
Ohio Water Utility Sues Chem Cos. Over PFAS Cleanup
An Ohio water utility has said some makers of fire fighting foam that contain so-called forever chemicals have known since the 1960s that the chemicals would contaminate soil and water but continued to sell the foam regardless, according to a suit filed against a dozen companies.
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May 14, 2025
10th Circ. Wary Of Hemp Interests' Challenge To Wyoming Law
A Tenth Circuit panel on Wednesday appeared skeptical that a Wyoming state law regulating hemp-derived intoxicating products was preempted by the federal law legalizing hemp nationwide.
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May 14, 2025
EPA Plans Cutbacks And Delays To PFAS Drinking Water Regs
The U.S. Environmental Protection Agency on Wednesday said it will retain the current drinking water standards for two toxic PFAS but will delay compliance deadlines for public water systems and eliminate limits on other forever chemicals.
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May 14, 2025
CFTC's Mersinger Will Depart Agency To Lead Crypto Lobby
U.S. Commodity Futures Trading Commissioner Summer Mersinger is leaving the agency to lead cryptocurrency industry group the Blockchain Association, the organization announced Wednesday.
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May 14, 2025
NY AG Says Capital One Denied Millions In Account Interest
New York's attorney general on Wednesday sued Capital One in New York federal court, alleging the bank deprived online savings customers of millions of dollars in interest, a case that echoes a lawsuit the Consumer Financial Protection Bureau recently abandoned.
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May 13, 2025
ÃÛÌÒÊÓÆµ Floats Repeal Of Biden-Era Registry, Designation Rules
The Consumer Financial Protection Bureau said Tuesday that it will seek to close its "repeat offender" registry and stop disclosing its decisions to tag potentially risky firms for closer oversight, stepping back from two Biden-era initiatives aimed at greater nonbank scrutiny.
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May 13, 2025
Crypto Platform's Ex-Brass Plead Guilty To $150M Fraud
Two former executives behind bankrupt cryptocurrency investment platform Cred Inc. pled guilty Tuesday in California federal court to conspiracy to commit wire fraud, admitting they gave customers "an unreasonably positive" portrayal of the business ahead of a collapse that prosecutors say wiped out up to $150 million in customer crypto.
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May 13, 2025
Asterisk Doesn't Save CVS In Sanitizer Row, 9th Circ. Told
An attorney for a man suing CVS Pharmacy urged the Ninth Circuit on Tuesday to revive his claims alleging the company misled consumers with a promise its hand sanitizer kills 99.99% of germs, arguing the asterisk on the front label does not clear the company of wrongdoing despite a recent ruling from the circuit that gives significance to that type of asterisk.Â
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May 13, 2025
ÃÛÌÒÊÓÆµ Calls Off Suit Over Walmart Driver Deposit Accounts
The Consumer Financial Protection Bureau told a Minnesota federal court Tuesday that it is dropping its enforcement lawsuit that accused Walmart and fintech company Branch Messenger Inc. of forcing delivery drivers to use costly deposit accounts to receive wages, months after the court put the case on hold.
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May 13, 2025
Ga. Law Shields Pesticide Makers From Failure-To-Warn Suits
Georgia Gov. Brian Kemp has signed new legislation into law that will soon shield pesticide manufacturers from liability in failure-to-warn suits, coming on the heels of a $2.1 billion verdict against the makers of Roundup weed killer delivered by a state jury earlier this year.
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May 13, 2025
DOJ Antitrust Deputy Says Gov't 'Out-Lawyered' Google
The deputy head of the U.S. Justice Department's Antitrust Division took a victory lap Tuesday after dual monopolization wins over Google's search and advertising technology businesses, citing the cases as proof that the government's attorneys can win in a "David versus Goliath" battle.
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May 13, 2025
Kansas City Bank Fights Ex-Detainees' Debit Fee Case
A Kansas City, Missouri-based bank urged a Washington federal judge to dismiss a class action from former detainees who said they were hit with illegal card fees to get back money confiscated from them, arguing that the bank has made changes to comply with a federal electronic fund transfers law.
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May 13, 2025
FTC Remains Concerned With Merger 'Underenforcement'
A Federal Trade Commission official emphasized Tuesday that Trump administration merger enforcers are worried about taking insufficient action against tie-ups, as they stand by Biden-era guidelines meant to enshrine a more aggressive tack against corporate concentration.
Expert Analysis
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q1
Among the most notable developments in California banking in the first quarter of the year, regulators and legislators issued regulations interpreting debt collection laws, stepped up enforcement actions, and expanded consumer protections for those affected by wildfires, says Stephen Britt at Severson & Werson.
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Inside State AGs' Arguments Defending The ÃÛÌÒÊÓÆµ
Recent amicus briefs filed by a coalition of 23 attorneys general argue that the Trump administration's efforts to dismantle the Consumer Financial Protection Bureau will irreparably harm consumers in several key areas, making clear that states are preparing to fill in any enforcement gaps, say attorneys at Kelley Drye.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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In-House Expert Testimony Is Tricky, But Worth Considering
Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.
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Reconciling 2 Smoke Coverage Cases From California
As highlighted by a California Department of Insurance bulletin clarifying the effect of two recent decisions on insurance coverage, the February state appellate ruling denying coverage for property damage from smoke, ash and soot should be viewed as an outlier, say attorneys at Reed Smith.
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Series
NY Banking Brief: All The Notable Legal Updates In Q1
The most noteworthy developments from the first quarter of the year in New York financial services include newly proposed regulations on overdraft fees, a groundbreaking settlement by the state attorney general, and a potentially precedent-setting opinion regarding the Electronic Fund Transfer Act, say attorneys at Quinn Emanuel.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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The OCC's Newly Relaxed Approach To Bank Crypto Activity
With the early March rescission of Biden-era interpretive guidance, the Office of the Comptroller of the Currency has loosened its approach to regulating national banks and federal savings associations' crypto-asset activities, possibly removing one barrier to banks engaging in such activities, say attorneys at Debevoise.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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How Trump Policies Are Affecting The Right To Repair
Recent policy changes by the second Trump administration — ranging from deregulatory initiatives to tariff increases — are likely to have both positive and negative effects on the ability of independent repair shops and individual consumers to exercise their right to repair electronic devices, say attorneys at Carter Ledyard.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Justices' TikTok Ruling Sets Stage For 1st Amendment Battle
The U.S. Supreme Court's landmark ruling upholding a law requiring TikTok's sale sets the stage for an inevitable clash between free speech and government interests and signals that future cases will turn on whether a regulation poses a substantial burden on speech, say attorneys at Dykema.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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2 Recent Federal Decisions Affecting State CIPA Cases
Two recent cases may help stem the tide of the ever-increasing number of California Invasion of Privacy Act complaints filed in federal court, but won't prevent plaintiffs from filing in state courts, so companies need to shift their focus from Article III standing to statutory standing, says Matthew Pearson at Womble Bond.