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Consumer Protection

  • June 04, 2025

    Vape Cos. Urge 5th Circ. To Toss FDA Vape Marketing Rule

    A group of small e-cigarette companies is asking the Fifth Circuit to revive their suit challenging the U.S. Food and Drug Administration's rule for premarket authorization of new tobacco products, saying the FDA failed to account for how the rule would affect small businesses.

  • June 13, 2016

    DraftKings Can't Escape Automated Text Message Class Suit

    An Illinois federal judge on Monday kept alive a putative class action over an alleged automated promotional text message sent by daily fantasy sports giant DraftKings but tossed a claim that the message stole data from recipients, finding that the loss of value for a single text message is too small.

  • June 04, 2025

    FCC Republican Says He's Leaving Agency This Week

    Nathan Simington, one of only two Republicans on the Federal Communications Commission, said Wednesday he will leave the agency at the end of this week.

  • June 03, 2025

    5th Circ. Weighs Constitutionality Of Banking In-House Courts

    A Fifth Circuit panel Tuesday heard a trio of cases contesting federal banking regulators' use of in-house proceedings to impose penalties, signaling interest in potential jurisdictional bars to such challenges but offering few clear clues about how it might rule.

  • June 03, 2025

    Calif. Suffers Setback In Tariff Suit, But Gets Shot At 9th Circ.

    A California federal judge said Monday that the U.S. Court of International Trade has exclusive jurisdiction over California's lawsuit challenging President Donald Trump's recent tariffs, but declined the federal government's request to transfer the case to the CIT and instead dismissed the suit so that California can appeal her decision to the Ninth Circuit.

  • June 03, 2025

    Fla. Taking Halt Of Teen Social Media Law To 11th Circ.

    A Florida federal judge on Tuesday blocked the state from enforcing a new law that would ban children 13 and under and restrict 14- and 15-year-olds from social media after finding the measure is likely unconstitutional, prompting the state's attorney general to immediately appeal the ruling to the Eleventh Circuit.

  • June 03, 2025

    Egg Producer Beats Suit Over Salmonella Contamination

    Amish egg producer Milo's Poultry Farms LLC has beaten a proposed class action accusing it of selling eggs tainted with salmonella, after a Wisconsin federal judge ruled Tuesday there is no plausible way a batch of eggs worth less than $100,000 could result in more than $5 million in damages.

  • June 03, 2025

    Orgs. Urge Congress To Tackle Music Royalties On Radio

    Radio is the one music platform that doesn't pay royalties for playing music, and it's about time that changes, several groups came together to tell Congress, suggesting a new bill aimed at preventing automakers from phasing out AM radio is the perfect buddy for the royalty legislation.

  • June 03, 2025

    9th Circ. Gives Crypto Victims Chance At Greater Recovery

    A Ninth Circuit panel found that a California federal court can reopen the restitution phase of a criminal crypto extortion case post-sentencing after the victims said they lost out on millions of dollars in recovery due to a miscommunication among government offices.

  • June 03, 2025

    2 Texans, Firm Owe $5.3M In SEC House-Flipping Fraud Suit

    A pair of Texas men and their investment company must give the U.S. Securities and Exchange Commission nearly $5.3 million to resolve claims they defrauded investors in a house-flipping scheme, misappropriating $2.9 million and misrepresenting that certain property interests would secure certain investor funds.

  • June 03, 2025

    Big 3 Wireless Companies Divvying Up UScellular, FCC Told

    T-Mobile, AT&T and Verizon appear to be coordinating to split UScellular among themselves and the Federal Communications Commission needs to review the megadeals in their totality and not just individually, public interest groups said.

  • June 03, 2025

    Adidas, UChicago Failed To Protect Data In Hacks, Suits Say

    Adidas' American arm and the University of Chicago Medical Center have been sued for allegedly failing to keep sensitive identifying information safe from hackers who stole it through certain third-party vendors.

  • June 03, 2025

    Canada Customers Agree To Halt 23andMe Data Breach Suits

    23andMe and Canadian customers suing over a data breach agreed on Tuesday to pause lawsuits against non-bankrupt third parties for up to six months amid the DNA testing company's Chapter 11 proceedings in Missouri.

  • June 03, 2025

    4th Circ. Again Decertifies Marriott Data Breach Classes

    The Fourth Circuit on Tuesday once again scrapped class certification of potentially millions of Marriott International Inc. guests in multidistrict litigation over a major data breach at the company's Starwood-branded hotels, finding the guests can't get around a class action waiver built into the rewards program.

  • June 03, 2025

    PepsiCo's Popcorners Bags Not Filled To Corners, Buyer Says

    PepsiCo illegally slack fills its Popcorners corn snack product bags without a legitimate purpose, tricking customers into thinking the package contains more product than it does and essentially making them pay for empty space, according to a proposed class action filed Sunday in California federal court. 

  • June 03, 2025

    'World's Purest Baby Wipes' Not Pure, Microplastics Suit Says

    A California woman on Monday lodged a putative class action against baby wipes manufacturer WaterWipes, telling a San Francisco federal court that what the company describes as plastic-free baby wipes actually have a concerning amount of microplastics.

  • June 03, 2025

    Kim Kardashian Settles Judd Furniture Knockoffs Suit

    Kim Kardashian and West Hollywood-based interior design firm Clements Design have agreed to dismiss a case brought by the late artist Donald Judd's foundation accusing Kardashian of purchasing knockoff versions of Judd's furniture.

  • June 03, 2025

    FCC Urged To Move Faster In Opening Upper C-Band

    A Washington, D.C., think tank said the Federal Communications Commission should move quickly to open the upper C-band for mobile 5G use while maintaining protections for aircraft that use nearby airwaves.

  • June 03, 2025

    Coinbase Says Ore. Enforcement Action Belongs In Fed Court

    Crypto exchange Coinbase told an Oregon federal judge that a securities enforcement suit from the state's attorney general belongs in federal court since the action amounts to an "attempt to invade the province of federal law" in the wake of federal regulators' pivot away from enforcement against digital asset firms.

  • June 03, 2025

    KKR Says DOJ Merger Notice Suit Rewrites HSR Act

    KKR pushed a New York federal judge to dismiss a U.S. Department of Justice lawsuit seeking fines that could top $650 million, arguing that in defending claims the private equity giant failed to notify two mergers and deleted key documentation from notifications, enforcers are trying to "expand" merger filing requirements.

  • June 03, 2025

    Bills Texas Attys Should Know From The 2025 Session

    Texas lawmakers wrapped up the state's 89th legislative session this week, passing a number of bills on topics like artificial intelligence and social media, business law and the authorities granted to the attorney general.

  • June 03, 2025

    Wells Fargo Free To Grow After Fed Ends $2T Asset Cap

    The Federal Reserve announced Tuesday that it has lifted the $2 trillion asset cap it imposed on Wells Fargo & Co. as part of a 2018 enforcement action stemming from the so-called fake accounts scandal, finding the bank has met all conditions required by the regulator.

  • June 03, 2025

    Hemp Cos. Say Md. Pot Law Cuts Them Out Of State's Market

    A group of hemp businesses and buyers is suing Maryland and its cannabis regulator, saying the state is using a 2023 law and licensing scheme to push the companies out of the market by only allowing licensed marijuana dispensaries to sell federally legal hemp products.

  • June 03, 2025

    Norton Rose Adds K&L Gates Product Liability Litigator In LA

    Norton Rose Fulbright is expanding its product liability team, announcing Tuesday that it is bringing in a K&L Gates LLP trial attorney as a partner in its Los Angeles office.

  • June 03, 2025

    Calif. Mazda Oil Leak Deal Dooms NC Class Claims

    Mazda has escaped class claims alleging leaky valve stems caused cars to burn excessive oil when a North Carolina federal judge ruled that the driver didn't opt out of a similar class action settlement across the country in California.

Expert Analysis

  • Why NY May Want To Reconsider Its LLC Transparency Law

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    Against the backdrop of the myriad challenges to the federal Corporate Transparency Act, it may be prudent for New York to reconsider its adoption of the LLC Transparency Act, since it's unclear whether the Empire State's "baby-CTA" statute is still necessary or was passed prematurely, say attorneys at Pillsbury.

  • Expectations For SEC Exams As Private Credit Market Grows

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    The U.S. Securities and Exchange Commission may rely heavily on its Division of Examinations for regulating private credit markets amid their expansion into the retail investor space, so investment advisers should be prepared to address several likely areas of focus when confronted with an exam, say attorneys at Dechert.

  • AG Watch: Texas Is Entering New Privacy Enforcement Era

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    The state of Texas' recent suit against Allstate is the culmination of a long-standing commitment to vigorously enforcing privacy laws in the state, and while still in the early stages, it offers several important insights for companies and privacy practitioners, says Paul Singer at Kelley Drye.

  • Considerations As Trump Admin Continues To Curtail CFPB

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    Recent sweeping moves from the Consumer Financial Protection Bureau's new leadership have signaled a major shift in the agency's trajectory, and regulated entities should prepare for broader implications in both the near and long term, say attorneys at Pryor Cashman.

  • 6 Laws Transforming Calif.'s Health Regulatory Framework

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    Attorneys at Hooper Lundy discuss a number of new California laws that raise pressing issues for independent physicians and small practice groups, ranging from the use of artificial intelligence to wage standards for healthcare employees.

  • Implications Of Kid Privacy Rule Revamp For Parents, Cos.

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    The Federal Trade Commission's recent amendments to the Children's Online Privacy Protection Act will expand protections for children online, meaning parents will have greater control over their children's data and tech companies must potentially change their current privacy practices — or risk noncompliance, say attorneys at Labaton Keller.

  • 2 Practical Ways For Banks To Battle Elder Financial Abuse

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    Federal regulators' recent statement raising awareness of elder financial exploitation provides a useful catalog of techniques that banks can employ to fight fraud, particularly encouraging older account holders to establish trusted contacts and sharing timely warnings about the latest scams with customers, say attorneys at Nutter.

  • Examining Trump Meme Coin And SEC's Crypto Changes

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    While the previous U.S. Securities and Exchange Commission tended to view most crypto-assets as securities, the tide is rapidly changing, and hopefully the long-needed reevaluation of this regulatory framework is not tarnished by an arguable conflict of interest due to President Donald Trump's affiliation with the $Trump meme coin, say attorneys at Thompson Coburn.

  • A Look At The Student Loan Case Pending At Supreme Court

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    The Trump administration is likely to drop the U.S. Supreme Court case of U.S. Department of Education v. Career Colleges and Schools of Texas after its review of the 2022 borrower defense to repayment rule, but any outcome will be significant for institutions participating in programs covered by Title IV of the Higher Education Act, say attorneys at Duane Morris.

  • Recent Cases Suggest ESG Means 'Ever-Shifting Guidelines'

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    U.S. courts have recently handed down a number of contradictory decisions on important environmental, social and governance issues, adding to an already complex mix of conflicting political priorities, new laws and changing regulatory guidance — but there are steps that companies can take to minimize risk, say attorneys at Paul Hastings.

  • New HSR Rules Augur A Deeper Antitrust Review By Agencies

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    After some initial uncertainty, the new Hart-Scott-Rodino Act rules did go into effect last month, and though their increased information requirements create greater initial burdens for merging parties, the rules should lead to greater certainty and predictability through a more efficient and effective review process, says Craig Malam at Edgeworth Economics.

  • New Fla. Financial Abuse Law May See Limited Buy-In

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    Florida's newly effective financial protection law comes with compliance burdens and uncertainties that could discourage financial institutions from participating, even though the law aims to shield them from liability for delaying transactions when they suspect exploitation of elderly and vulnerable account holders, say attorneys at Shutts & Bowen.

  • What To Know About Insurance Coverage For Greenwashing

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    As the number of public and private lawsuits relating to greenwashing dramatically grows, risk managers of companies making environmental claims should look to several types of insurance for coverage in the event of a suit, say attorneys at Hunton.

  • 7 Tips For Associates To Thrive In Hybrid Work Environments

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    As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.

  • Series

    Playing Beach Volleyball Makes Me A Better Lawyer

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    My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.

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