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Consumer Protection
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September 19, 2025
Calif. Official Questions FCC Power To Trim Historic Reviews
The head of California's Office of Historic Preservation has criticized the Federal Communications Commission's decision to weigh regulatory changes that would streamline environmental and historic reviews for wireless broadband infrastructure projects.
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September 19, 2025
Victims' Families Sue Boeing, Honeywell Over Fatal 787 Crash
The families of four passengers who were among the 260 killed in the crash of an Air India flight in June have hit Boeing and Honeywell with a product defect and negligence lawsuit in Delaware Superior Court, saying the companies ignored a defect in fuel cutoff switches.
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September 19, 2025
Ky.-Based CBD Co. Sues Tenn. Regulators Over New Law
A Kentucky-based hemp products manufacturer is looking to block Tennessee officials from enforcing a new state law that would both ban direct-to-consumer sales and all health-related marketing labeling, according to a federal lawsuit that claims the statute violates the U.S. Constitution's commerce clause and the First Amendment.
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September 19, 2025
ÃÛÌÒÊÓÆµ Union Drops Suit Over DOGE Access To Worker Data
The National Treasury Employees Union on Friday dropped a lawsuit seeking to block Department of Government Efficiency access to personnel data at the Consumer Financial Protection Bureau, a move that comes as the union assesses next steps in its other, higher-profile challenge to the consumer agency's downsizing.
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September 19, 2025
Boston Jury Awards $83M Asbestos Verdict Against Art Clay Co.
A Boston jury has returned an $83 million verdict in favor of a woman who died from mesothelioma against a ceramic art clay company, which her lawyers believe to be the largest asbestos award delivered in the state.
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September 19, 2025
Fireball, Parrot Bay Buyers Win Cert. Over Malt Liquor False Ad
A New York federal judge has certified classes of Fireball and Parrot Bay customers who have alleged beverage company Sazerac misleadingly labeled malt beverage versions of those products that led them to think they contained distilled spirits, ruling that whether the labels are materially misleading can be determined on a classwide basis.
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September 19, 2025
Privacy Class Suit Over Meta Code On Sports Site Stays Alive
A California man's proposed class action accusing a website that provides free instructional sports videos of invading his privacy by way of Meta Platforms Inc. code will continue in federal court, after a judge denied the website's motions to dismiss the suit and to change the venue.
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September 19, 2025
McCarter & English Expands In Philly With Ex-Federal Atty
A former assistant U.S. attorney has recently left the public sector and returned to private practice as a litigator with McCarter & English LLP's Philadelphia office.
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September 19, 2025
Moldex Says Rival Is Greenwashing With 'Bio-Based' Claims
Moldex-Metric Inc. is suing rival earplug maker Protective Industrial Products Inc. in California federal court, saying it is enjoying an unfair advantage by claiming that its products are "eco-friendly" and made with 82% "bio-based" material despite knowing that these claims are false.
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September 19, 2025
FTC Restructuring Its Non-DC Offices Under Single Banner
The head of the Federal Trade Commission's Competition Bureau said in New York City remarks Friday that the agency is restructuring its offices outside its Washington, D.C., base so that those satellite units operate as a single division under an "easier, cleaner, more efficient reporting structure."
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September 19, 2025
Hagens Berman Seeks To Limit Sanctions For AI Mistakes
A Hagens Berman Sobol Shapiro LLP partner should face only limited sanctions and the firm shouldn't be sanctioned at all over a contract attorney's use of artificial intelligence to generate legal briefs in a proposed class action against online platform OnlyFans since its attorneys did not act in bad faith, the firm told a California federal judge.
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September 19, 2025
Off The Bench: Briefings On Trans Ban, New Kalshi Conflicts
In this week's Off The Bench, the U.S. Supreme Court receives initial briefs from West Virginia and Idaho regarding their bans on gender identity-based participation in school sports, Kalshi is taken to court by another state over its event contract offerings, and Washington, D.C.'s National Football League team takes a major step toward returning to its namesake city.
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September 19, 2025
Class Suit Says 'Advanced Alkaloids' Are Addictive Drugs
A proposed class of consumers is suing CBD American Shaman LLC, its owner and affiliates in Missouri federal court, alleging that they're selling a concentrated kratom extract that is far more powerful and addictive than other kratom products, with harsh withdrawal side effects.
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September 19, 2025
Maine County Can Use Business Channel For Public Safety
Maine's northernmost county will be able to draw from a pool of industrial channels to use for internal public safety and first responder communications.
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September 19, 2025
SEC Wins 'Scalping' Trial Against Penny Stock Trader
A Manhattan federal jury held an Ohio man liable on Friday in a case brought by the U.S. Securities and Exchange Commission alleging he fraudulently earned over $2.5 million by buying up penny stocks, hyping them online and then selling for gains in a "scalping" scheme.
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September 18, 2025
MrBeast Ads, Kids' Privacy Practices Draw Watchdog Scrutiny
An industry self-regulatory body has urged the media company created by YouTube personality MrBeast to revamp the way it advertises to and collects personal information from children, after identifying several issues with how the company presented ads on YouTube videos and promoted its Feastables chocolate brand.
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September 18, 2025
American Airlines On Hook For $9.6M For Passenger's Stroke
A California federal jury has awarded $9.6 million to an American Airlines passenger who suffered an in-flight stroke resulting in severe injuries, after determining that the airline failed to heed its own guidelines regarding in-flight medical emergencies, according to plaintiffs' counsel.
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September 18, 2025
'My Life Ended In That Car,' Uber Assault Accuser Says
A woman suing Uber over claims a driver sexually assaulted her told a San Francisco jury Thursday that "my life ended in that car" because of the lasting effects of the traumatic attack, and explained tearfully that she gave the driver a five-star review out of fear he'd come after her.
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September 18, 2025
​​​​​​​BofA Unit To Pay $5.6M To End DOJ Market Manipulation Case
The U.S. Department of Justice said Thursday that an investment banking arm of Bank of America Corp. will pay roughly $5.6 million to resolve a criminal investigation into market manipulation allegations involving two now-former traders on its U.S. Treasurys desk.
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September 18, 2025
AMG Must Face $85M Fintech Collapse Suit, Customers Say
Account holders and customers of fintech platforms urged a Colorado federal judge Wednesday to reject AMG National Trust Bank's bid to exit litigation attempting to hold it liable for monetary losses related to the collapse of fintech middleman Synapse, arguing AMG's motion is based on faulty data from a consulting group.
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September 18, 2025
FCC Should Follow Exec Branch Policy, Commissioner Says
As President Donald Trump continues to get more involved in the operations of independent federal agencies, a member of the Federal Communications Commission said Thursday the FCC needs to remain accountable to the executive branch.
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September 18, 2025
Texas Court Says Citizen Can't Intervene To Uphold Pot Law
The citizen sponsor of a voter-approved marijuana decriminalization ordinance cannot intervene in the deal struck between the state attorney general and city of Elgin that declared the ordinance void, a Texas appeals court ruled, saying the advocate doesn't have standing.
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September 18, 2025
DC Circ. Judge Says PJM Monitor May Have 'Hint Of Paranoia'
The D.C. Circuit didn't seem so sure Thursday morning that the Federal Energy Regulatory Commission was flouting the rules by denying an independent market monitor access to its liaison committee meetings, with one judge saying the monitor seemed to be exhibiting a "hint of paranoia."
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September 18, 2025
FTC Sues Live Nation, Claiming Illegal Ticketing Tactics
The Federal Trade Commission and seven states accused Live Nation and Ticketmaster in California federal court on Thursday of deceiving customers and artists by not disclosing fees and by helping brokers buy and resell millions of dollars' worth of tickets at a substantial markup.
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September 18, 2025
2nd Circ. To Weigh EFTA's Scope In NY's Citi Wire Fraud Case
The Second Circuit has granted Citibank's request for an appeal in its fight with New York Attorney General Letitia James over the bank's response to incidents of online wire transfer fraud, agreeing to review whether key federal consumer protections for electronic payments apply to wire transfers initiated over the internet.
Expert Analysis
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High Court Cert Spotlights Varying Tests For Federal Removal
A recent decision by the U.S. Supreme Court to review Chevron v. Plaquemines Parish, a case involving the federal officer removal statute, highlights three other recent circuit court decisions raising federal removal questions, and serves as a reminder that defendants are the masters of removal actions, says Varun Aery at Hollingsworth.
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Open Banking Is On Ice As ÃÛÌÒÊÓÆµ Seeks To Toss Its Own Rule
Even as the Consumer Financial Protection Bureau's efforts to toss its open banking rule play out in Kentucky federal court, it remains statutorily required to effectuate consumer access to data, raising questions about how it would replace the previously finalized standard, say attorneys at Cooley.
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Opinion
DOJ's HPE-Juniper Settlement Will Help US Compete
The U.S. Department of Justice settlement with Hewlett Packard Enterprise clears the purchase of Juniper Networks in a deal that positions the U.S. as a leader in secure, scalable networking and critical digital infrastructure by requiring the divestiture of a WiFi network business geared toward small firms, says John Shu at Taipei Medical University.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.
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Wells Fargo Suit Shows Consumer Protection Limits In Mass.
The Massachusetts Appeals Court's May decision in Wells Fargo Bank v. Coulsey underscores that consumer rights are balanced against the need for closure, and even the broad protections of state consumer protection law will not open the door to relitigating the same claims, say attorneys at Greenberg Traurig.
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Series
Ohio Banking Brief: All The Notable Legal Updates In Q2
Ohio's financial services sector saw several significant developments in the second quarter of 2025, including a case that confirmed credit unions' setoff rights, another that established contract rights between banks and cardholders, and the House passage of a digital asset bill, say attorneys at Frost Brown.
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Managing Risks As State AGs Seek To Fill Enforcement Gap
Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.
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Breaking Down Novel Va. Social Media Law For Minors
While a Virginia bill passed in May is notable for setting a one-hour daily limit on minors' use of social media, other provisions create compliance burdens for social media operators and app store providers, and increase privacy and security risks associated with the collection of sensitive information to prove identity, says Jenna Rode at Hunton.
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Litigation Inspiration: How To Respond After A Loss
Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.
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FDA's Hasty Policymaking Approach Faces APA Challenges
Though the U.S. Food and Drug Administration has abandoned its usual notice-and-comment process for implementing new regulatory initiatives, two recent district court decisions make clear that these programs are still susceptible to Administrative Procedure Act challenges, says Rachel Turow at Skadden.
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DOJ Crypto Enforcement Is Shifting To Target Willfulness
Three pending criminal prosecutions could be an indication of how the U.S. Department of Justice's recent digital assets memo is shaping enforcement of the area, and show a growing focus on executives who knowingly allow their platforms to be used for criminal conduct involving sanctions offenses, say attorneys at Gibson Dunn.
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How NJ's Proposed Privacy Rules Could Reshape AI Data Use
Although not revolutionary, New Jersey's proposed privacy rules would create obligations around the management and processing of consumer personal data that will require careful planning before they can be successfully implemented, say attorneys at Norton Rose.
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The Metamorphosis Of The Major Questions Doctrine
The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.
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Business Takeaways Following CCPA Enforcement Actions
Advisories and recent enforcement activity by the California Privacy Protection Agency against Honda and Todd Snyder underscore the agency's enforcement interest in the intersection of data minimization and consumer rights, and could make it more challenging for a business to provide a streamlined consumer rights process, say attorneys at Covington.