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Consumer Protection
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July 21, 2025
The Biggest Telecom Developments Of 2025: Midyear Report
It's been a headline-grabbing year in communications law so far, with the U.S. Supreme Court handing down a major win for federal programs that help pay for broadband deployment and a new Republican chief at the nation's telecom agency ushering in a rule-slashing agenda.
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July 21, 2025
Sinclair Stations Clear Up FCC's Kid TV Enforcement
Sinclair Broadcast Group stations that aired Hot Wheels commercials during a children's Hot Wheels program in violation of Federal Communications Commission rules are settling with the agency after their owner inked a deal allowing the parent company to avoid a $2.6 million fine.
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July 21, 2025
FCC Waives Rules To Use Radar Digging In Construction
Rod Radar has convinced the Federal Communications Commission to grant it a waiver that would allow it to hook ground-penetrating radar to excavator buckets to help avoid underground infrastructure like utility lines.
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July 21, 2025
sa¹ú¼Ê´«Ã½ Ends VyStar Consent Order After $1.5M Penalty Paid
The Consumer Financial Protection Bureau disclosed Monday that it has ended another Biden-era consent order, this time with VyStar Credit Union, which the agency said has paid the seven-figure penalty that was imposed against it last year.
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July 21, 2025
BitGo, Bullish Join Crypto IPO Wave With Filings
Cryptocurrency custodian BitGo and venture-backed crypto exchange Bullish have both filed with the U.S. Securities and Exchange Commission to go public, marking an increasing number of crypto-related companies that are eyeing public listings in the current favorable regulatory regime under President Donald Trump.
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July 21, 2025
Not Enough Similarities To Apply DOJ Ad Tech Win: Google
Google urged a New York federal judge not to let website publishers, advertisers and others lock the company into the Justice Department's win in a separate Virginia federal court monopolization lawsuit over its advertising placement technology business, arguing the cases have key differences in facts and circuit standards.
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July 21, 2025
Huawei Chips Block Some TVs' NextGen Signals, FCC Told
Pearl TV is calling on SiliconDust to remove Huawei-made components from its products, which rebroadcast TV signals from viewer antennas over home networks, saying the chips in its HDHomeRun Flex devices are unable to broadcast certain Next Generation TV programming.
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July 21, 2025
Tesla Driver In Crash Says He Was 'Too Comfortable' With Car
The Tesla driver who killed a woman in a crash in the Florida Keys told jurors Monday that he had been "potentially too comfortable" with the vehicle's autopilot software that he regularly engaged on his 100-mile commute.
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July 21, 2025
Crypto-Based Polymarket Sets US Return With Exchange Deal
Prediction market platform Polymarket said Monday it's returning to the U.S. with the acquisition of a registered derivatives exchange, a planned reentry that comes after a recently closed FBI investigation and a 2022 civil regulatory settlement that sent it offshore in the first place.
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July 21, 2025
Sens. Float Bill To Protect Against AI Data Piracy
Federal lawmakers said Monday that they are floating a measure that would give creators the right to sue companies that use their work to train artificial intelligence models without their permission, a move that comes amid concerns over AI and intellectual property.
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July 21, 2025
Wash. Plastic Surgeon Can't Get $13M Jury Verdict Overturned
A Washington appeals court panel refused on Monday to undo a $13 million jury verdict against a plastic surgeon in a medical malpractice case, rejecting the doctor's argument that the lower court wrongly allowed evidence of state regulators' unrelated disciplinary proceedings against her.
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July 21, 2025
Concertgoers Narrow Live Nation Antitrust Claims
Consumers accusing Live Nation of monopolizing the live entertainment industry are dropping their allegations about high prices in the resale ticketing market to focus on prices for the initial sale of tickets in the primary market.
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July 21, 2025
Ky. AG Sues Temu For 'Stealing' User Data
Kentucky Attorney General Russell Coleman has brought a lawsuit in state court against Chinese bargain-shopping app Temu, accusing it of illegally "stealing" customer data without their knowledge and allowing the Chinese Communist Party to access the information.
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July 21, 2025
BofA Beats Bias Claims Over Upkeep Of Foreclosed Homes
A Maryland federal judge on Monday granted Bank of America a win over a series of housing advocacy groups claiming the bank maintained and marketed foreclosed homes differently in white communities than in communities of color following the Great Recession.
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July 21, 2025
Catching Up With Delaware's Chancery Court
Last week at the Delaware Court of Chancery, a major settlement between Meta Platforms Inc. and its investors reached on the proverbial courthouse steps during day two of a trial ended an $8 billion-plus suit accusing the company's directors and officers of breaching privacy regulations and corporate fiduciary duties tied to allegations dating to the Cambridge Analytica scandal more than a decade ago.
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July 21, 2025
Aetna's Price-Fixing Suit 'Like Forum Shopping,' Judge Says
Aetna Inc.'s lawsuit alleging 23 pharmaceutical companies fixed prices for generic drugs seems like an attempt to work around a pause in similar Pennsylvania litigation, a Connecticut state judge said Monday, appearing sympathetic to the defendants' argument for dismissal or a stay.
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July 21, 2025
Trade Court Hits Importer With $3.4M Penalty Over Fraud
U.S. Customs and Border Protection is due to collect more than $2.4 million in duties plus interest and a $3.4 million civil penalty after the U.S. Court of International Trade determined in a recent opinion that a California-based importer falsely reported Chinese mattress springs were imported from Thailand.
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July 21, 2025
11th Circ Says. Experian Not Liable For Credit Dispute Costs
The Eleventh Circuit upheld a win for Experian PLC when it held that a consumer's attempts to correct inaccurate information in a credit report can't constitute an injury without evidence that the data was published to a third party or some other actual or imminent harm.
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July 21, 2025
EPA Asks 9th Circ. To Reverse Calif. Judge In Fluoride Suit
The U.S. Environmental Protection Agency is asking the Ninth Circuit to reverse a California federal judge who ruled that the EPA's current "optimal" level of fluoride in drinking water poses an unreasonable risk of lowering children's IQ.
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July 21, 2025
Amazon's Aldi Subpoena Curbed In COVID Price-Gouging Suit
A Washington federal judge has ordered Aldi to hand over certain pricing information tied to Amazon's defense in a proposed class action over alleged pandemic-era price-gouging, while ruling that the budget grocery chain and other Amazon competitors won't have to disclose "highly confidential data regarding costs and margins."
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July 21, 2025
States, Territories Get The OK For $42B In Broadband Grants
The U.S. Department of Commerce said Monday that all 56 states and territories taking part in a $42.5 billion expansion of U.S. broadband service can now begin picking contractors to get the work done on the ground.
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July 21, 2025
Feds Want Early Out For Bank In $3M Redlining Case
The government told a Pennsylvania federal judge on Monday that a bank it previously accused of discriminatory lending should be released from court oversight because it fulfilled the bulk of its obligations stemming from an approximately $3 million settlement.
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July 21, 2025
4th Circ. Reverses Portion Of Railroads' Broadband Suit
The Fourth Circuit has ruled that the Association of American Railroads has standing to challenge a Virginia state law requiring railroads to allow for broadband crossings, reversing a trial court decision and dealing another blow to a law that the Virginia Supreme Court already gutted on state constitutional grounds in May.
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July 21, 2025
Not So Fast: sa¹ú¼Ê´«Ã½ Shelves Bid To Scrap State Notice Rules
The Consumer Financial Protection Bureau on Monday withdrew a plan to repeal rules that regulate how state officials are supposed to alert it before suing companies under its federal enforcement authority, reversing course after industry groups lobbied to tighten, not toss, the requirements.
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July 21, 2025
Erie Insurance Blames BMW For $2M Mini Cooper Fire Loss
An insurer for a Pittsburgh car dealership and car owner told a Pennsylvania state court that BMW's North American division owes nearly $2 million in coverage reimbursement for a Mini Cooper vehicle fire because of a faulty battery housing or related components.
Expert Analysis
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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Compliance Lessons From Warby Parker's HIPAA Fine
The U.S. Department of Health and Human Services' civil money penalty against Warby Parker highlights the emerging challenges that consumer-facing brands encounter when expanding into healthcare-adjacent sectors, with Health Insurance Portability and Accountability Act compliance being a potential focus of regulatory attention, say attorneys at Saul Ewing.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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How Banks Can Manage Risk As AI Adoption Expands
Following new, supportive comments from financial regulatory leaders about the use of artificial intelligence in the industry, banks may move toward wider, less-tentative adoption of the technology, but will also need to deploy important risk management measures, say attorneys at WilmerHale.
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Rebuttal
Mass Arbitration Reform Must Focus On Justice
A recent Law360 guest article argued that mass arbitration reform is needed to alleviate companies’ financial and administrative burdens, but any such reform must deliver real justice, not just cost savings for the powerful, says Eduard Korsinsky at Levi & Korsinsky.
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What Bank Regulator Consolidation Would Mean For Industry
Speculation over the Trump administration’s potential plans to consolidate financial service regulators is intensifying uncertainty, but no matter the outcome for the Consumer Financial Protection Bureau, Federal Deposit Insurance Corp. and Office of the Comptroller of the Currency, the industry should expect continued policy changes, say attorneys at Foley & Lardner.
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How Attorneys Can Make The Most Of A Deposition Transcript
With recent amendments to federal evidence rules now in effect, it’s more important than ever to make sure that deposition transcripts are clear and precise, and a few key strategies can help attorneys get the most out of a transcript before, during and after a deposition, says Allison Rocker at Baker McKenzie.
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Getting Ahead Of The SEC's Continued Focus On Cyber, AI
The U.S. Securities and Exchange Commission is showing it will continue to scrutinize actions involving cybersecurity and artificial intelligence, but there are proactive measures that companies and financial institutions can take to avoid regulatory scrutiny going forward, say attorneys at Morgan Lewis.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Breaking Down Ill. Bellwether Case For Bank Preemption
The banking industry's pending lawsuit against the state of Illinois stands to permanently enjoin state regulation of bank card processing, as well as clarify the outstanding and consequential issue of whether conflict preemption continues to cover third parties in certain circumstances, says Tom Witherspoon at Stinson.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Planning For Open Banking Despite sa¹ú¼Ê´«Ã½ Uncertainty
Though pending litigation or new Consumer Financial Protection Bureau leadership may reshape the Biden-era regulation governing access to consumer financial data, companies can use this uncertain period to take practical steps toward an open banking strategy that will work regardless of the rule’s ultimate form, says Adam Maarec at McGlinchey Stafford.
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Crunching The Numbers Of Trump SEC's 1st 100 Days
During the first 100 days of the second Trump administration, the U.S. Securities and Exchange Commission brought significantly fewer stand-alone enforcement actions than at the beginning of the Biden and the first Trump administrations, with every one of the federal court complaints including allegations of fraudulent conduct, say attorneys at Dentons.
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Charging A Separate Tariff Fee May Backfire For Retailers
In the wake of the Trump administration's newly imposed tariffs, retailers facing significant supply chain cost increases may be considering adding a tariff fee to offset these costs, but doing so risks violating state drip pricing bans, say attorneys at Benesch.