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Consumer Protection
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August 11, 2025
Crypto Co. Kraken's Litigation Lead Departs After 6 Years
The deputy general counsel who headed litigation at crypto exchange Kraken is stepping down from the role after helping steer it through multiple battles with federal regulators.
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August 11, 2025
Terraform Founder Set To Plead Out Of $40B Fraud Case
Terraform founder Do Kwon is on track to enter a guilty plea in his $40 billion criminal fraud case, a Manhattan federal judge said Monday, in an order that comes ahead of a scheduled 2026 trial and amid weeks of talks between his lawyers and prosecutors.
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August 11, 2025
FCC Republican Names Senior Legal Adviser
A Republican on the Federal Communications Commission on Monday named an FCC lawyer and Wiley Rein LLP alum as her new senior legal adviser.
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August 11, 2025
Suit Alleges Offshore Sportsbook Ignored Opt-Out Requests
A California man filed a proposed class action against the offshore sportsbook MyBookie, saying it bombards him with text messages promoting its various offerings despite his repeated attempts to opt out of the communications.
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August 08, 2025
FERC's Policy Work Was A Mixed Bag For Departing Chair
Outgoing Federal Energy Regulatory Commission Chairman Mark Christie touted the agency's work to encourage gas infrastructure development during his tenure, but lamented its failure to advance electricity policies aimed at lowering transmission costs and ensuring there's enough power supplying the nation's grid.
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August 08, 2025
sa¹ú¼Ê´«Ã½ Preps Complaint Against Failed Fintech Firm Synapse
The Consumer Financial Protection Bureau is getting ready to file a complaint against bankrupt Synapse Financial Technologies on allegations it failed to properly keep track of consumer funds and left as much as $90 million in consumer funds unrecovered, the fintech firm's trustee has told a bankruptcy judge in California.
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August 08, 2025
9th Circ. Grounds Lufthansa Refund Deal On Atty Fee Question
The Ninth Circuit on Friday vacated an order that granted class certification and gave final approval to a $56.6 million settlement reached between Lufthansa and customers in a dispute concerning refunds for flights canceled due to COVID-19, saying a district court's calculation gave class counsel a disproportionate distribution.
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August 08, 2025
Greystar Cuts Deal To Exit DOJ's RealPage Price-Fixing Suit
Greystar Management Services LLC has reached an agreement to resolve rent price-fixing claims brought by the U.S. Department of Justice, which has gone after several landlords allegedly using algorithms to coordinate rent prices, and will cooperate in the case against RealPage, the agency announced Friday.
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August 08, 2025
3rd Circ. Affirms Toss Of GameStop Website Tracking Suit
The Third Circuit refused to revive a proposed class action accusing GameStop of violating Pennsylvania's wiretap law through its use of third-party software to record website visitors' browsing activities, finding that the plaintiff failed to show that the alleged interception of her non-personal data caused a sufficiently concrete injury.
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August 08, 2025
Frank Founder, Exec Can't Undo JPMorgan Fraud Convictions
Charlie Javice, the startup founder convicted of lying to JPMorgan Chase ahead of its $175 million purchase of her college-aid website Frank, and her former colleague have failed to show good reasons why they should now be acquitted, the judge on her case has found.
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August 08, 2025
9th Circ. Says Ex-Atty Sued By sa¹ú¼Ê´«Ã½ Still On Hook For $243M
The Ninth Circuit refused to free a disbarred attorney from a $243 million order that included civil penalties to the Consumer Financial Protection Bureau for his role in a student loan scam, finding no genuine dispute whether the former lawyer violated consumer protection law.
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August 08, 2025
6th Circ. Revives Dodge Ram Drivers' Emissions Fraud Claims
The Sixth Circuit signaled Friday that federal law doesn't preempt a group of drivers' claims alleging Fiat Chrysler and engine manufacturer Cummins deceptively marketed Dodge Ram trucks as being more environmentally friendly than they actually were, punting the dispute back to Michigan federal court.
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August 08, 2025
Tornado Cash Case Far From Over With Jury's Mixed Verdict
The split verdict in the Tornado Cash trial likely won't encourage prosecutors to go after crypto projects for failing to register as money transmitters, but it may still leave software developers open to liability if they seem aware of others' misuse of their creations.
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August 08, 2025
Boeing Supplier, Investors Reach $29M Deal In 737 Max Suit
Spirit AeroSystems Holdings Inc. reached a $29 million settlement with investors, seeking to resolve a lawsuit accusing the company of failing to disclose pervasive quality problems and a history of supplying its chief customer, The Boeing Co., with defective plane parts.
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August 08, 2025
Urgent Care Operator Must Face Meta Pixel Privacy Claims
A Midwest Express clinic patient can proceed with her lawsuit targeting the urgent care clinic's use of tracking tools including Meta's Pixel to share personal health information with the social media company because she's outlined plausible federal and state privacy violations, an Illinois federal judge has ruled.
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August 08, 2025
BofA Must Face Trust Property Suit, Ga. Judge Says
A Georgia federal judge refused to let Bank of America escape a proposed class action accusing it of overcharging residential trusts for insurance, ruling in part that the named plaintiff can seek damages for his breach of trust claim against the bank.
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August 08, 2025
Consumer Says Gambling Site Can't Force Suit Into Arbitration
A consumer accusing the operator of a casino-oriented gambling website of allegedly creating a dangerous environment that fuels gambling addiction is fighting arbitration, telling an Illinois federal court the agreement does not exist and if it did, it would be unenforceable.
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August 08, 2025
Trade Group Sues Colorado Over Gas Stove Labeling Law
A home appliances trade association has told a Colorado federal judge that recently passed state legislation mandating that a health warning be placed on all gas stoves is unconstitutional.
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August 08, 2025
Advocates Won't Ask Justices To Revive Net Neutrality Rules
Public interest groups said Friday they have decided not to bring a high court challenge to the Sixth Circuit's decision to overturn the Federal Communications Commission's net neutrality rules, even as they called the ruling "spectacularly wrong."
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August 08, 2025
GOP Sens. Call For Overhaul Of Bank Supervisory Warnings
Republican senators are pressing federal regulators for an overhaul of how they flag and track supervisory concerns at banks, warning that the current system of confidential notices lacks legal grounding and is "increasingly opaque, ineffective and inconsistent."
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August 08, 2025
9th Circ. Sides With Amazon In Whole Foods Prime Perk Case
A Ninth Circuit panel on Friday refused to revive a California consumer's lawsuit over Amazon's decision to discontinue its free Whole Foods delivery perk for Prime members, pointing to subscriber terms reserving the e-commerce company's right to eliminate benefits.
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August 08, 2025
Latest T-Mobile Deal Suggests DOJ-FCC Spectrum Tension
The Federal Communications Commission declared victory last month in affirmatively clearing T-Mobile's $4.4 billion acquisition of UScellular wireless operations, but the Justice Department appeared far more reluctant in a statement hinting at the wider dynamics of how the Trump administration looks at telecommunications transactions.
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August 08, 2025
NY Court Tosses Challenge To Crackdown On Illicit Pot Shops
A New York state judge has dismissed a constitutional challenge to a crackdown on unregulated marijuana sellers, finding that city and state officials acted within their authority when they targeted the self-described cannabis club that brought the petition.
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August 08, 2025
Doxo Can't Send Customer Class Action To Arbitration
A Washington federal judge declined to toss a suit against online bill-pay service Doxo Inc., saying the company waited too long — nearly a year — to try to enforce a newly added arbitration clause, and thus waived its right to compel arbitration in the suit alleging it deceived customers by not disclosing fees upfront.
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August 08, 2025
Brokerage Urges 10th Circ. To Revive NAR Antitrust Suit
A residential brokerage startup is heading to the Tenth Circuit to appeal the toss of its antitrust suit against the National Association of Realtors and several major brokerages, which were accused in Utah federal court of conspiring to block the startup from accessing NAR multiple listing services because it offered lower buyer-broker commissions.
Expert Analysis
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What's Next For sa¹ú¼Ê´«Ã½ After 'Big Beautiful' Funding Cuts
While the One Big Beautiful Bill Act's funding cuts to the Consumer Financial Protection Bureau are unlikely to have an independent effect in the short run, they could exacerbate the existing issue of wide regulatory fluctuations in successive administrations in the longer run, say attorneys at Covington.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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4 In-Flux Employment Law Issues Banks Should Note
Attorneys at Ogletree provide a midyear update on employment law changes that could significantly affect banks and other financial service institutions — including federal diversity equity and inclusion updates, and new and developing state and local artificial intelligence laws.
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New DOJ Penalty Policy Could Spell Trouble For Cos.
In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.
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Influencer Marketing Partnerships Face Rising Litigation Risk
In light of recent class actions claiming that brands and influencers are misleading consumers with deceptive marketing practices — largely premised on the Federal Trade Commission's endorsements guidance — proactive compliance measures are becoming more important, say attorneys at Olshan Frome.
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5 Consumer Protection Compliance Issues In NY State Budget
Companies that engage with New York consumers should promptly familiarize themselves with new state budget provisions that require finance and retail companies to make certain business practices more transparent and easier for customers to execute, say attorneys at Mintz.
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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 sa¹ú¼Ê´«Ã½ 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.