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Consumer Protection
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May 30, 2025
TopCo Settles Suit Over Cough Syrup Billed As 'Non-Drowsy'
The parties in a lawsuit alleging Tussin cough syrup's "non-drowsy" label is deceptive because the syrup makes users sleepy told an Illinois federal judge that they've reached a binding settlement that would end the case.
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May 30, 2025
Google Must Turn Over Docs About Potential Ad Tech Breakup
A Virginia federal court granted a request from government agencies on Friday for internal Google LLC reports analyzing a potential breakup of its ad tech business, as the sides ready for a September trial to determine what remedies to impose on Google for monopolizing key ad tech markets.
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May 30, 2025
Calif. Fire Chiefs Favor Earth-Based GPS Backup Plan
A group of California fire chiefs told the Federal Communications Commission that a tech firm's proposal to deploy an Earth-based navigation and broadband network would be the best way to backstop the Global Positioning System.
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May 30, 2025
Wash. Judge Doubts Valve's Suit Alleging Arbitration Scheme
A Washington state appellate judge pushed back Friday against Valve Corp.'s stance that it could sue an attorney over an alleged scheme to manipulate arbitration pacts between the gaming giant and its customers, suggesting the company opened the door for such conduct by previously forcing gamers to arbitrate antitrust claims individually.
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May 30, 2025
Recruiter Let Client Data Fall Into Hackers' Hands, Suit Says
A Georgia-based professional recruiting firm has been hit with a proposed class action from a man who says the company's lax cybersecurity standards led to a February data breach that compromised the personal information of thousands of current and former clients.
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May 30, 2025
Nationstar Sued After Data Exposure Of Loan Applicants
Nationstar Mortgage, doing business as Mr. Cooper, has been hit with a proposed class action in California federal court over its "widespread practice of disclosing" customers' private information to Meta, Google, Microsoft and other third parties without approval.
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May 30, 2025
Peet's Coffee, AddShoppers Beat Cert. Bid In Privacy Suit
A California federal judge refused to certify a proposed class action alleging AddShoppers and Peet's Coffee illegally tracked visitors' browsing activities to send targeted advertising emails, ruling Thursday that the named plaintiffs' claims are not typical of the groups they want to represent, since they did not receive emails about any products.
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May 30, 2025
Woman's $56M Slow Cooker Burn Verdict Reduced To $8.8M
A Colorado federal judge has reduced a nearly $56 million verdict in favor of a woman who suffered burns after her slow cooker exploded while in use, awarding her $8.8 million after applying the state's statutory caps on noneconomic and exemplary damages.
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May 30, 2025
Generic-Drug Makers Near Exit From Depo-Provera MDL
Attorneys for the plaintiffs in a multidistrict litigation claiming Pfizer Inc. failed to adequately warn patients and doctors about the risk of brain tumors associated with the hormonal contraceptive Depo-Provera told a Florida federal judge that they are close to dismissing claims against three manufacturers of generic versions of the drug.
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May 30, 2025
Google Nears Class Deal In Privacy Suit Over Recording Users
Google and a 30 million-strong consumer class have told a California federal judge they've made "substantial progress" in reaching a potential settlement that would "fully and finally" resolve a years-old action alleging Google Assistant-enabled devices surreptitiously recorded conversations to fuel its advertisement business and train machine-learning models.
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May 30, 2025
DC Circ. Keeps Block On Texas AG's Media Matters Probe
A D.C. Circuit panel on Friday upheld an order barring the Texas attorney general from demanding internal records from Media Matters about the left-leaning media watchdog's reporting on the social media platform X.
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May 30, 2025
$2M Settlement Between Patriots, App Users Gets Approval
A Massachusetts federal judge on Friday gave preliminary approval to a settlement of more than $2 million between the New England Patriots and fans who claimed the NFL team's app collected and shared their personal information.
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May 30, 2025
ÃÛÌÒÊÓÆµ Will Settle FirstCash Military Lending Suit
The Consumer Financial Protection Bureau and a leading U.S. pawn store operator announced together that they had agreed to settle the agency's suit alleging that the operator ran afoul of military lending laws, filing a joint status report announcing settlement.
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May 30, 2025
Associations Back Airplane Parts Cos. In NC Crash Appeal
The General Aviation Manufacturers Association has backed a pair of airplane parts makers in their appeal to the North Carolina Supreme Court seeking to dismiss claims brought against them over a fatal 2015 crash, arguing that the state justices' decision could shield or spurn the Tar Heel State's aviation market.
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May 30, 2025
Trump Admin To Defend Biden's For-Profit College Loan Rule
The Trump administration will defend parts of a Biden-era U.S. Department of Education rule allowing students to have their federal loans forgiven over their college's misconduct, asking the U.S. Supreme Court to resume briefing in a case that will pit the administration against the for-profit college industry.
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May 30, 2025
Former Pfizer Atty, Motley Rice Adviser Joins DiCello Levitt
A former Pfizer vice president and assistant general counsel, who last June entered into a consulting agreement with Motley Rice LLC, is joining DiCello Levitt as a partner as part of the firm's Washington, D.C., public client practice group, the firm recently announced.
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May 30, 2025
Off The Bench: NASCAR V. Crypto, Puig Doc, NCAA Eligibility
In this week's Off The Bench, NASCAR beats defamation claims from a cryptocurrency founder regarding the spurious value of the coin, former MLB star Yasiel Puig sues the media companies behind a series documenting his entanglements in a federal gambling probe, and a Seventh Circuit panel appears receptive to the NCAA's defense of its eligibility rules.
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May 30, 2025
Congressional Caucus Aims To Fix Rural Broadband Delays
Lawmakers are again pushing to fix broadband gaps around the country by forming a bipartisan congressional caucus focused on high-speed connectivity in rural areas, a move praised by telecom carriers.
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May 30, 2025
Ford Says No Evidence Of Damages In Oil-Guzzling Suit
Ford Motor Co. is urging a Michigan federal court to throw out a proposed class action alleging it sold vehicles with an oil-guzzling defect, saying the evidence fails to show any actionable damages or that there was any breach of the applicable warranties.
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May 30, 2025
Robocall Biz Owner Faces Bar From Industry, $600K Fee Order
A Texas federal judge has barred a telecommunications businessman from working in the industry, and ordered him to pay just over $600,000 in contempt-related attorney fees to states across the country.
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May 29, 2025
LexisNexis Unit Hit With Class Actions Over 364K Data Breach
A LexisNexis unit was hit with at least two proposed class actions Wednesday in New York and Georgia federal courts by individuals who allege that their personally identifiable information was exposed during a massive data breach and that the company waited too long to inform them of the breach.Â
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May 29, 2025
Eyemart Shakes Suit Over Sharing Of Health Data With Meta
A Texas federal judge has tossed a proposed class action accusing Eyemart Express LLC of unlawfully sharing information about website visitors with Meta Platforms Inc., finding that the plaintiffs had failed to allege that any of their private health data had been sent to the social media platform.Â
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May 29, 2025
GM Gets Initial OK For $150M Engine Defect Post-Trial Deal
A California federal judge on Thursday said he'd grant preliminary approval to a $150 million deal General Motors reached with car buyers over an engine defect following a trial verdict against the auto giant that class counsel said, with prejudgment interest, would have cost the company more than $270 million.
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May 29, 2025
House Introduces CFTC-Focused Crypto Market Structure Bill
A bipartisan group of House lawmakers introduced a long-awaited proposal to regulate crypto markets on Thursday that would establish a registration path at the U.S. Commodity Futures Trading Commission and codify the boundaries of jurisdiction between commodities and securities regulators.
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May 29, 2025
Ga. BCBS Says Providers Are Gaming Billing Dispute System
Blue Cross Blue Shield of Georgia has accused a healthcare consulting firm and a handful of Peach State providers of systematic abuse of a federal dispute resolution process for surprise medical bills, accusing them of "flooding" the system with bogus dispute claims.
Expert Analysis
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What Banks Need To Know About Trump's Executive Orders
While the numerous executive orders and memos from the last few weeks don't touch on many of the issues the banking industry expected the Trump administration to address, banks still need to pay attention to the flurry of orders from strategic, compliance and operational perspectives, say attorneys at Arnold & Porter.
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6 Tips For Cos. To Comply With Influencer Gifting Rules
A January decision in a National Advertising Division case concerning Revolve Group provides new insights on how the NAD expects companies to manage certain influencer campaigns, including preapproving posts before they go live and considering how they present the disclosure instructions to influencers, says Gonzalo Mon at Kelley Drye.
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4 Potential Effects Of 3rd Circ.'s Coinbase Ruling
The Third Circuit's recent landmark decision in Coinbase v. U.S. Securities and Exchange Commission that the SEC's refusal to engage in rulemaking to clarify its stance on crypto enforcement was "insufficiently reasoned" could have wide-ranging impacts, including on other cases, legislation and even the SEC's reputation itself, says Daniel Payne at Cole-Frieman.
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Improving Comms Between Trial Attys And Tech Witnesses
In major litigation involving complex technology, attorneys should employ certain strategies to collaborate with companies' technical personnel more effectively to enhance both the attorney's understanding of the subject matter and the expert's ability to provide effective testimony in court, say attorneys at Buchalter.
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ÃÛÌÒÊÓÆµ's Message To States Takes On New Weight Under Trump
The Consumer Financial Protection Bureau's January guidance to state enforcers has fresh significance as the Trump administration moves to freeze the bureau's work, and industry should expect states to use this series of recommendations as an enforcement road map, say attorneys at Brownstein Hyatt.
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National Bank Act Rulings Facilitate More Preemption Analysis
Two recent National Bank Act preemption decisions from an Illinois federal court and the Ninth Circuit provide the first applications of the U.S. Supreme Court’s May ruling in Cantero v. Bank of America, opening the potential for several circuit courts to address the issue this year, say attorneys at Moore & Van Allen.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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What NHTSA's Autonomous Vehicle Proposal Means For Cos.
The National Highway Traffic Safety Administration's recently proposed framework for review and oversight of vehicles equipped with automated driving systems offers companies a more flexible, streamlined approach to regulatory approvals for AVs, including new exemption pathways, assessments by independent experts and other innovations, say attorneys at Covington.
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Tips For Pharma-Biotech Overlap Reporting In New HSR Form
While there’s no secret recipe for reporting overlaps to the Federal Trade Commission in the new Hart-Scott-Rodino Act form, there are several layers of considerations for all pharma-biotech companies and counsel to reflect on internally before reporting on any deal, say attorneys at A&O Shearman.
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Complying With Calif. Price-Gouging Law After LA Fires
The recent tragic Los Angeles fires have brought attention to the state's sometimes controversial price-gouging protections, and every California business should keep the law's requirements in mind, despite the debate over whether these statutes help consumers, say attorneys at Cooley.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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Aviation Watch: Litigation Liabilities After DC Air Tragedy
While it will likely take at least a year before the National Transportation Safety Board determines a probable cause for the Jan. 29 collision between a helicopter and a jet over Washington, D.C., the facts so far suggest the government could face litigation claims, says Alan Hoffman, a retired attorney and aviation expert.
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How Cos. Can Use Data Clean Rooms To Address Privacy
Implementing comprehensive administrative controls, security processes and vendor management systems are vital steps for businesses leveraging data clean rooms for privacy compliance, especially given the Federal Trade Commission's warnings of complicated user privacy implications, say attorneys at Troutman.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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SEC Motion Response Could Reveal New Crypto Approach
Cumberland DRW recently filed to dismiss the U.S. Securities and Exchange Commission’s enforcement action against it for the unlawful purchase and sale of digital asset securities, and the agency's response should unveil whether, and to what extent, the Trump administration will relax the federal government’s stance on digital asset regulation, say attorneys at O'Melveny.