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Consumer Protection
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July 21, 2025
Capital One Board Ignored Account Scheme Risks, Suit Says
The board and executives at Capital One left the bank exposed to legal and regulatory problems when it hid high-yield savings accounts from legacy customers to boost profits, an investor has alleged in a derivative lawsuit brought in Virginia federal court.
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July 18, 2025
Law360 Names 2025's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2025, our list of more than 150 attorneys under 40 whose legal accomplishments belie their age.
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July 18, 2025
Top 4 Texas Court Rulings Of 2025: Midyear Report
Texas courts made several high-profile decisions in the first half of 2025, including backing a multibillion-dollar mattress merger, awarding more than $6 million to employees fired by Texas Attorney General Ken Paxton, and granting the state a $1.4 billion data privacy settlement with Google. Here are four of the biggest court rulings in Texas so far this year.
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July 18, 2025
Judge Demands Layoff Plans From Trump Administration
A California federal judge on Friday ordered the Trump administration to hand over reorganization and reduction-in-force plans linked to an executive order directing layoffs at federal agencies, finding that the government's privilege claim was outweighed by the plaintiffs' need for the information to pursue their claims under the Administrative Procedure Act.
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July 18, 2025
FCC Seeks To Change How It Handles Broadband Report
The Federal Communications Commission got the ball rolling Friday on its annual inquiry into how available advanced telecommunications are to everyone in the country, only a few weeks before it will vote to change the way it evaluates how well broadband is being deployed.
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July 18, 2025
As Trump Signs Stablecoin Bill, Attorneys Talk Compliance
President Donald Trump on Friday signed into law a bill to regulate stablecoins, known as the Genius Act, and practitioners are now turning their attention to helping firms comply with both the provisions of the statute and the coming rulemakings from regulators.
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July 18, 2025
Judge Advised Against State AG Intervention In Sandoz Deal
A special master on Friday advised a Pennsylvania federal court to deny a bid by California and other state attorneys general to intervene in a $275 million settlement resolving generic-drug price-fixing claims against Sandoz, finding they lacked standing to represent the interests of consumers.
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July 18, 2025
Boeing Urges 4th Circ. To Decertify 737 Max Investor Class
Boeing told the Fourth Circuit on Friday that a Virginia district court flouted U.S. Supreme Court precedent by certifying a class of investors alleging the company misrepresented the safety of its 737 Max 9 fleet after a door plug blowout, saying there's zero evidence backing the plaintiffs' damages theories.
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July 18, 2025
Hyatt, Hilton Beat Room Price-Fixing Antitrust Suit, For Now
Hyatt, Hilton, Wyndham and other hotels beat a proposed antitrust class action, for now, alleging that they shared confidential occupancy data and prices through IDeaS's revenue management software to inflate room rates, after a California federal judge said Friday the suit doesn't plausibly allege a horizontal agreement or parallel conduct among them.
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July 18, 2025
Plaintiffs' Expert Says Tesla Deleted Data From Crashed Car
A vehicle accident reconstruction expert told jurors Thursday that data from the Tesla Model S involved in a fatal Florida Keys crash had been deleted after the crash by the automaker, which is defending its autopilot system at a trial in Miami.
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July 18, 2025
Social Media MDL Judge Could Bifurcate Bellwether Trials
A California federal judge presiding over multidistrict litigation by school districts and personal injury plaintiffs claiming social media is addictive said Friday she'll likely bifurcate bellwether trials into two phases, with the judge presiding over the second phase, if plaintiffs seek any relief "that may be injunctive in nature."
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July 18, 2025
EU Says Vivendi Controlled Lagardère During Deal Review
European enforcers have accused French media conglomerate Vivendi of exercising control over Lagardère's editorial operations and personnel decisions before and during a review of its acquisition.
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July 18, 2025
Safeway Can't Arbitrate False Ad Wine Discount Suit
Safeway can't force customers to arbitrate their proposed false advertising class action alleging it markets bogus, limited-time offers of discounts on wine for its rewards members, after a California federal judge ruled that there's no evidence they agreed to arbitrate their disputes or had notice of Safeway's arbitration terms.Â
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July 18, 2025
T-Mobile Wants Wash. AG's Data Breach Claims Tossed
T-Mobile is calling its promises to protect its subscribers' privacy "puffery" in a bid to get out of a Washington state lawsuit over a 2021 cyberattack, saying its commitments to "safeguards" and to "do the right thing" with users' data couldn't have misled consumers because they were completely unspecific.
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July 18, 2025
Colo. Sues Businessman Over Small Biz Fee Scheme
The state of Colorado sued a Florida businessman and his two companies Thursday in state court, saying they spent years running a scheme targeting small business owners, sending nearly 200,000 forms trying to solicit large fees for services that are actually free.
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July 18, 2025
FTC Nixes Exxon-Pioneer, Chevron-Hess Board Ban Deals
The Biden-era Federal Trade Commission settlements clearing Exxon's purchase of Pioneer and Chevron's acquisition of Hess are no more, after the now Republican-controlled agency said there was no need to condition acquisition approvals on banning the CEOs of Pioneer and Hess from the boards of the combined companies.
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July 18, 2025
Albertsons Spam Text Plaintiff Gets Chance To Revise Suit
A Washington federal judge on Friday threw out a proposed class action accusing Albertsons of sending consumers unsolicited text advertisements, yet she gave the plaintiff a shot at filing a new version of the lawsuit with a screenshot and more specifics to back his claims.
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July 18, 2025
Tread Carefully On Truth-In-Billing Rules, FCC Told
The Federal Communications Commission says its slamming and truth-in-billing rules are outdated and has targeted them for cuts, but consumer and civil rights groups are urging the agency to be cautious in order to "ensure these changes do not come at the expense of core consumer protections."
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July 18, 2025
Sony Judge Finds 'Glaring' Issues In PlayStation Deal, Motion
A California federal judge found "glaring shortcomings" in a $7.85 million deal Sony Interactive Entertainment struck to resolve antitrust claims over downloadable game card prices, saying that settlement credits are "generally disfavored," and the preliminary approval motion lacked information on what might have been won at trial.
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July 18, 2025
Cannabis And The Courts: A Midyear Litigation Review
In the first half of 2025, lawsuits taking aim at state hemp restrictions, putative residency criteria in cannabis licensure programs and the federal policy that keeps users and convicted sellers of pot from lawfully owning guns were all briefed in multiple appellate courts across the country.
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July 18, 2025
Cannabis Edibles Maker Accused Of Hiding Prop. 65 Warnings
A California resident is suing a Los Angeles cannabis-infused edibles maker, claiming its peel-back product labels deliberately hide the state-required Proposition 65 warning at the time of purchase, in the second private enforcement action filed by the plaintiff this year.
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July 18, 2025
Zillow Says Compass Can't Get Block On 'Zillow Ban'
Zillow sought to flip the script Thursday on Compass's antitrust allegations targeting new standards limiting home listing eligibility for pre-marketed properties, telling a New York federal judge not to preliminarily block the rules because they're just an effort to use "transparency" to "mitigate the damaging effects of hidden listings."
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July 18, 2025
Acreage And Verano Seek Dismissal Of THC Potency Suits
Cannabis giants Acreage and Verano this week urged Illinois federal judges to dismiss a pair of putative consumer class actions alleging the companies sold products with unlawfully high levels of the psychoactive cannabinoid THC.
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July 18, 2025
2nd Circ. Shields Official From NRA's Free Speech Suit Again
A Second Circuit panel has said National Rifle Association's First Amendment lawsuit cannot survive a motion to dismiss because the former New York official accused of pressuring financial institutions to cut ties with the organization has qualified immunity.
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July 18, 2025
Telecoms Urge FCC To Modernize Networks To Fight Robocalls
A major telecom trade group is urging the Federal Communications Commission to allow for industry-driven solutions to the problem of robocalls, saying the agency's current proposal to mandate specific technical standards for caller ID authentication have vulnerabilities that criminals could exploit.
Expert Analysis
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Appellate Guidance Needed On California Chatbot Litigation
There is wide variation in how courts are applying the California Invasion of Privacy Act against website owners that allegedly help third parties spy on visitors via chatbots — and the lack of appellate rulings creates uncertainty, especially as these cases move toward the summary judgment stage, say attorneys at Crowell & Moring.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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Platforms Face Section 230 Shift From Take It Down Act
The federal Take It Down Act, signed into law last month, aims to combat deepfake pornography with criminal penalties for individual wrongdoers, but the notice and takedown provisions change the broad protections provided by Section 230 of the Communications Decency Act in ways that directly affect platform providers, say attorneys at Troutman.
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ÃÛÌÒÊÓÆµ's Guidance Withdrawal Deepens Industry Uncertainty
Following the Consumer Financial Protection Bureau's recent withdrawal of dozens of guidance documents in a post-Chevron world, financial services providers are left to make their own determinations about the complex issues addressed in the now-revoked materials, presenting a significant compliance burden, say attorneys at Bradley Arant.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.
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Digital Equity Act Grant Terminations Raise Key Legal Issues
The Trump administration's move to cancel grant programs created under the Digital Equity Act yields key legal and policy questions facing the executive branch, Congress and the courts, including how the administration plans to implement the cancellation of the Digital Equity Act's appropriations in the first place, say attorneys at Akin.
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GAO Report Reveals How Banks And Regulators Are Using AI
A U.S. Government Accountability Office report published last month makes clear that while both federal regulators and regulated entities like banks and credit unions are employing artificial intelligence to improve efficiency, they're maintaining some skepticism, say attorneys at Orrick.
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Robinson-Patman Enforcement May Fizzle Out After PepsiCo
After securing an early Robinson-Patman Act victory against the largest wine and spirits distributor in the U.S., the Federal Trade commission's voluntary dismissal of its own enforcement action against PepsiCo throws into doubt the future of the federal statute that prohibits price discrimination and other anticompetitive practices, say attorneys at V&E.
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Series
Running Marathons Makes Me A Better Lawyer
After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.
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3 Takeaways From Recent Cyberattacks On Healthcare Cos.
For the healthcare industry, the upward trend in styles of cyberattacks, costs, and entities targeted highlights the critical importance of proactive planning to help withstand the operational, legal and reputational turmoil that can follow a data breach, say attorneys at Troutman Pepper.
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Tips To Avoid Consumer Tracking Tech Class Actions
Recent class actions alleging Trade Desk illegally tracked millions of consumers through its advertising platform highlight growing data privacy compliance concerns over digital tracking practices, but there are disclosure best practices businesses can take to reduce litigation risk, says David Wheeler at Neal Gerber.
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Series
Law School's Missed Lessons: Supporting A Trial Team
While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.
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Opinion
Address Nationwide Injunction Issues With Random Venues
Many of the qualms about individual district court judges' authority to issue nationwide injunctions could be solved with a simple legislative solution: handling multiple complaints about the same agency action filed in different district courts by assigning a venue via random selection, says Harvey Reiter at Stinson.
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ÃÛÌÒÊÓÆµ Industry Impact Uncertain Amid Priority Shift, Staff Cuts
A recent enforcement memo outlines how the Consumer Financial Protection Bureau's regulatory agenda diverges from that of the previous administration, but, given the bureau's planned reduction in force, it is uncertain whether the agency will be able to enforce these new priorities, say attorneys at Troutman Pepper.