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Consumer Protection
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July 28, 2025
Truck Drivers Get Final Nod For $4.25M Deal In Face Scan Suit
An Illinois federal judge has signed off on a $4.25 million deal to resolve a proposed class action accusing tech company Lytx of violating the state's biometric privacy law by collecting truck drivers' biometric data through AI-powered monitoring cameras without proper notice or consent.
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July 28, 2025
2nd Circ. Won't Rehear Streaming App Video Privacy Fight
The Second Circuit declined to reconsider a panel ruling that affirmed the toss of a proposed class action accusing digital streaming provider Flipps Media of unlawfully sharing video-viewing information with Meta, on the heels of an NFL website user pushing the appellate court to revisit a similar video privacy dispute.
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July 28, 2025
Amazon Says Geostationary Satellites Causing Interference
Amazon is asking the Federal Communications Commission to stop authorizing new geostationary satellite operators in the non-geostationary satellite primary bands, complaining that geostationary operators are haphazardly using the spectrum designated for operators like Amazon's planned Kuiper constellation and causing interference.
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July 28, 2025
Tesla Defends Autopilot Technology At Trial Over Fatal Crash
Tesla vehicles with autopilot engaged reported fewer crashes than those without, a Tesla corporate representative told jurors Monday in a trial over a fatal Florida Keys crash.
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July 28, 2025
Midband Spectrum Set-Aside Needed For Telemetry, FCC Told
As the Federal Communications Commission considers shutting down more than 2,000 regulatory dockets that have become dormant, it shouldn't have its eye on a rulemaking aimed at setting aside midband airways for the aeronautical mobile telemetry, a defense contractor says.
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July 28, 2025
Rincon Band Says NEPA Reform Proposal Is Bad Idea
The Rincon Band of Luise帽o Indians says projects under the FCC's jurisdiction have historically "failed to adequately identify and assess historic properties of cultural and religious significance to Tribal Nations" and a proposal to loosen National Environmental Policy Act rules will make things only worse.
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July 28, 2025
Congress Urged To Make FCC Merger OKs Deal-Specific
A free-market think tank says diversity and journalism-related conditions tied to Federal Communications Commission approval of the pending Paramount-Skydance merger show why Congress needs to reform FCC reviews to make sure any conditions are transaction-specific.
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July 28, 2025
FCC Pushed To Rescind Biden-Era Cybersecurity Ruling
Several telecom trade groups have urged the Federal Communications Commission to pull back a ruling from early this year that imposed new cybersecurity requirements on providers in the aftermath of the Salt Typhoon cyberattack by actors linked to the Chinese government.
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July 28, 2025
Florida's AG Announces 'Climate Cartel' Investigation
Florida's attorney general announced Monday that he is investigating whether two greenhouse gas emission reduction groups violated state consumer protection or antitrust laws for allegedly coercing companies into disclosing proprietary information.
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July 28, 2025
SEC Gets Early Win In Fraud Case Against Ex-Citi, Cetera Rep
A New York federal court has granted the U.S. Securities and Exchange Commission a summary judgment win in the regulator's securities fraud case against a former Citigroup and Cetera registered representative, in a case accusing her of stealing $2.4 million from an elderly client.
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July 28, 2025
PE Firm Scores New Trial After Losing $1.1M Shareholder Suit
The Connecticut Supreme Court on Monday threw out a $1.1 million verdict and ordered a new trial in a minority member's lawsuit against three other CCP Equity Partners LLC members, holding that a trial court judge misconstrued the private equity firm's operating agreement and inaccurately instructed the jury.
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July 28, 2025
Amazon Looks To Ax Claims Of Heavy Metals In Rice Products
Amazon urged a Washington federal court to dismiss proposed class litigation seeking to hold the company responsible for rice products sold through its online store that contain toxic metals such as lead and mercury, saying there's no allegation the levels are "above any applicable legal or regulatory thresholds."
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July 28, 2025
11th Circ. Says Woman Must Arbitrate Experian Data Claims
The Eleventh Circuit said a district court should have allowed Experian Information Solutions to compel arbitration in a suit filed by a woman whose identity was allegedly compromised after a data breach, saying the company sufficiently showed she accepted terms of use that require arbitration.
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July 28, 2025
Splenda-Maker Says Emails Show NC Scientist Ignored Data
The makers of Splenda said new emails and documents unearthed in discovery for its defamation lawsuit against a scientist show that she ignored and manipulated experiment data to suggest that the artificial sweetener is dangerous for humans.
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July 28, 2025
DraftKings Escapes Class Action Over $1,000 Bonus Promo
A Brooklyn federal judge dismissed a proposed class action targeting a DraftKings promotion promising $1,000 in bonus funds for new customers, finding Monday that the online betting giant properly explained that the funds were subject to specific requirements.
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July 28, 2025
Coca-Cola Looks To Drain '100% Natural Flavors' False Ad Suit
Coca-Cola urged a California federal judge to drain a proposed class action alleging it deceptively labels its Sprite sodas as made with "100% natural flavors" despite containing citric acid, arguing Friday the plaintiff doesn't plausibly allege the citric acid is artificial, and that her claims are preempted by federal law.
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July 28, 2025
Electrolux Range's Defect Led To Fire, Insurer Tells Court
Three Electrolux companies manufactured ranges with a foreseeable defect that allowed the products to unintentionally activate, a property insurer told a Connecticut federal court as it sought to recover the claim payout for a homeowner's kitchen fire.
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July 28, 2025
FINRA Fines TradeStation Over Crypto Ad Violation Claims
The Financial Industry Regulatory Authority has fined a broker-dealer for alleged shortcomings in how it advertised its retail crypto offerings, the second such action following a sweep exam of the firm's marketing practices in the area.
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July 28, 2025
Eli Lilly Alleges Pharmacy Sells Knockoff Weight-Loss Drugs
Eli Lilly and Company is accusing a Houston pharmacy of selling knockoff versions of two of its Ozempic-like weight-loss drugs.
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July 28, 2025
Express Scripts, Prime Urge Court To Toss Mich. Price-Fix Suit
Two pharmacy benefit managers sought to shake allegations of price-fixing brought by Michigan Attorney General Dana Nessel, arguing Friday that her antitrust suit suffers from several fatal legal flaws, including that the state does not have standing to sue on pharmacies' behalf.
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July 28, 2025
FTC Stands By Media Boycott Subpoena Into Media Matters
The Republican-controlled Federal Trade Commission has refused to quash its investigation into the left-leaning Media Matters for America, standing by a subpoena it said is "one of seventeen still-outstanding" demands made as part of a broader probe looking for potential group boycotts of advertising on disfavored platforms.
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July 28, 2025
Firms Rip Ford's 'Retaliatory' RICO Suit Over Lemon Law Bills
Knight Law Group LLP and other firms urged a California federal judge Friday to toss The Ford Motor Co.'s allegations they conspired to dupe clients and defraud automakers by inflating billing, arguing that the racketeering claims are "retaliatory," insufficient and time-barred, and the firms are shielded under the Noerr-Pennington doctrine.
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July 28, 2025
Peloton Looks To Snuff Out Investors' Recall Suit Again
Peloton hopes to extinguish a second attempt by investors at finding the company and its executives at fault for the way the company handled a recall of its defective bicycle seats, telling a New York federal judge Monday that the amended complaint does not cure deficiencies that led to the lawsuit's initial dismissal.
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July 28, 2025
J&J Loses Bid To Probe Beasley Allen Talc Litigation Funding
A special master found Monday聽there is no reason to believe third-party funders are influencing Beasley Allen聽Law Firm's decisions in a聽massive talc litigation in New Jersey, defeating聽a subpoena from Johnson & Johnson digging into alleged third-party litigation funding.
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July 28, 2025
Fired FTC Dem Urges DC Circ. Not To Pause Reinstatement
A Democratic member of the Federal Trade Commission who was fired by the president is urging the D.C. Circuit not to pause a lower court order calling for her reinstatement while the administration appeals, saying the administration has little chance of success.
Expert Analysis
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AGs Take Up Consumer Protection Mantle Amid sa国际传媒 Cuts
State attorneys general are stepping up to fill the enforcement gap as the Trump administration restructures the Consumer Financial Protection Bureau, creating a new regulatory dynamic that companies must closely monitor as oversight shifts toward states, say attorneys at Cozen O鈥機onnor.
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Va.'s Altered Surcharge Law Poses Constitutional Questions
Virginia's recently amended consumer protection law requiring sellers to display the total price rather than expressly prohibiting surcharges follows New York's recent revision of its antisurcharge statute and may raise similar First Amendment questions, says attorneys at Stinson.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school 鈥 especially students who may not see those paths reflected in their daily lives 鈥 not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at聽Constangy.
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Fed's Crypto Guidance Yank Could Drive Innovation
The Federal Reserve Board's recent withdrawal of guidance letters brings regulatory consistency and broadens banks' ability to innovate in the crypto-asset space, but key distinctions remain between the Fed's policy on crypto liquidity and that of the other banking regulators, says Dan Hartman at Nutter.
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GM Case Highlights New Trends In AI-Related Securities Suits
Bold company statements about artificial intelligence have resulted in a rise in AI-related securities litigation, and a recent Michigan federal court decision in In Re: General Motors Co. Securities Litigation illustrates how courts are analyzing these AI-based claims and applying traditional securities concepts to new technologies, say attorneys at Cooley.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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Statistics Tools Chart A Path For AI Use In Expert Testimony
To avoid the fate of numerous expert witnesses whose testimony was recently deemed inadmissible by courts, experts relying on artificial intelligence and machine learning should learn from statistical tools鈥 road to judicial acceptance, say directors at Secretariat.
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Compliance Refresher For 'Made In USA' Labeling Claims
As tariffs reshape the trade landscape, companies hoping to invoke the powerful consumer appeal of 鈥淢ade in USA鈥 labels must understand the strict rules for making acceptable claims so they avoid the costly legal ramifications and brand damage possible from misrepresenting products as 100% American, say attorneys at Morgan Lewis.
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4 Strategies For De-Escalating Hospitality Industry Disputes
As recent uncertainty in the travel business exacerbates the risk of conflict in the hospitality sector, industry in-house counsel and their outside partners should consider proactive strategies aimed at de-escalating disputes, including preserving the record, avoiding boilerplate clauses and considering arbitration, say Randa Adra at Crowell and Stephanie Jean-Jacques at Hyatt.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you鈥檙e like me, law school鈥檚 often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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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 鈥 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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sa国际传媒'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鈥檚 newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.