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Consumer Protection
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October 20, 2025
Vape Co. Can't Resume Selling 'Breeze' Products
A New Jersey hookah and vape company suffered two setbacks in its legal battle over the "Breeze" trademark, with a Michigan federal judge refusing to lift a court order blocking it from using the mark and throwing out its counterclaims against the rival who initiated the litigation.
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October 20, 2025
OCC Chief Says Stablecoin Drain Wouldn't 'Happen Overnight'
A top U.S. banking regulator on Monday downplayed concerns that future growth in interest-earning payment stablecoins could bleed banks of deposits, saying any such shift would be gradual and closely watched by regulators, not a sudden shock to the system.
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October 20, 2025
5G Broadcast Called Potential 'Force Multiplier' For Industry
Advocates of federal policies to support 5G Broadcast said the technology can help cellular networks by offloading聽technology that uses 5G to broadcast television, and other content is not "in competition with mobile networks" but a complement to them.
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October 20, 2025
Zuckerberg Ordered To Testify At 1st Social Media Harm Trial
A Los Angeles judge on Monday ordered Meta Platforms CEO Mark Zuckerberg to testify at an upcoming bellwether trial over major social media technology companies allegedly causing harm to young users' mental health, but put off deciding whether he must testify at future bellwether trials.
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October 20, 2025
5th Circ. Affirms Fraud Conviction Of Failed Bank's Ex-CEO
A Fifth Circuit panel upheld the conviction of former First NBC Bank CEO Ashton J. Ryan Jr., who was sentenced to 14 years in prison and ordered to pay $215 million in restitution after a jury found him guilty of bank fraud and conspiracy related to the collapse of the Louisiana bank.
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October 20, 2025
OpenAI Says It Owes Musk Nothing In For-Profit Move
OpenAI and Microsoft have asked a California federal court to avoid trial on claims that OpenAI duped Elon Musk into donating $45 million with false promises of remaining a nonprofit, arguing no such promises were made and that the billionaire's money came without strings or control.
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October 20, 2025
DOJ Says Shutdown Slowing Flint Water Case Progress
U.S. Department of Justice attorneys told a Michigan federal judge on Monday that the government shutdown is "straining" resources and restricting their ability to timely produce requested information in litigation over the response to the Flint water crisis.
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October 20, 2025
Mission Foods Says 2 Tortilla Cos. Ripped Off Its Branding
Mission Foods' parent company has filed a trademark infringement lawsuit in California federal court, accusing two companies in the Golden State and Texas of ripping off its Mission name and logo when selling tortillas online and through the messaging application WhatsApp.
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October 20, 2025
Wells Fargo Borrowers Defend Mortgage Application Fees Suit
A proposed class of Wells Fargo borrowers is fighting the bank's dismissal bid of their suit, which accuses the bank of wrongfully charging them mortgage application fees and failing to provide proper refunds, arguing in California federal court that Wells Fargo's dismissal motion "mischaracterizes" the named plaintiff's claims.
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October 20, 2025
Funds Rip Boeing's 4th Circ. Bid To Decertify Max Fraud Class
Institutional investors have told the Fourth Circuit that they've sufficiently laid out their damages theories to advance certified class claims alleging Boeing kept its stock price trading at inflated levels by repeatedly misrepresenting the safety of its 737 Max fleet after two crashes and a door-plug blowout.
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October 20, 2025
'A Total Mess': Judge Slams Calif. Privacy Law's Ambiguity
California's Invasion of Privacy Act "is a total mess" that routinely requires courts to make "borderline impossible" decisions about how to apply the law's language to new technologies, a San Francisco federal judge commented in an order Friday, pleading for state lawmakers to bring the law into the 21st century.
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October 20, 2025
Exxon Fights 2nd Circ.'s Atty Fees Ruling In NYC Climate Case
Exxon, BP, Shell and the American Petroleum Institute are asking the Second Circuit for en banc review of a panel's decision to award attorney fees to New York City, which is suing them for deceptive practices around climate change.
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October 20, 2025
Samsung Must Face Vape Battery Injury Suit, Minn. Court Says
A Minnesota state appeals court has ruled that a subsidiary of Samsung must face a lawsuit regarding a vape pen battery that exploded in a man's pocket, saying the company was likely aware that some of the nearly 3 million batteries it shipped to the state were being used in e-cigarettes.
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October 20, 2025
DC Says It's Ready To Pick Subgrantees For BEAD Money
The District of Columbia has received the green light from the federal government on how it plans to use its $100 million slice of the Broadband Equity, Access and Deployment program pie after a Trump administration revamp of the program made all the states and territories rework their proposals.
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October 20, 2025
Meta Faces Massive Cut To $167M Win Over WhatsApp Hack
A California federal judge said Friday that WhatsApp parent Meta must either accept a cut of its $167.25 million punitive damages win against spyware-maker NSO Group to $4 million or go to trial again over the proper amount of damages, concluding that the amount awarded by a jury was "excessive."
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October 20, 2025
Pot Cos. Say THC Potency Suit Can't Hold Up To Scrutiny
A group of cannabis companies is urging an Illinois federal court to throw out claims that they sold edible oils as concentrates to get around THC limits, saying the plaintiff can't pivot to base his claims on injuries he hasn't suffered.
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October 20, 2025
Ski Equipment Makers Targeted In EU Antitrust Probe
The European Union's executive branch on Monday said it, along with local competition authorities, is conducting unannounced inspections at ski equipment companies it believes have formed an illegal cartel in violation of antitrust laws.
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October 20, 2025
Connecticut Watchdog Atty Tapped To Lead Utility Regulator
Connecticut's governor announced Monday that he had chosen the legal and regulatory director for the state consumer watchdog agency, Thomas Wiehl, to serve as the chairman of the Public Utilities Regulatory Authority, and he tapped three others to serve as commissioners of the five-member body.
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October 20, 2025
9th Circ. Nixes Class' Appeal For Reverse Mortgage Loan Suit
The Ninth Circuit tossed an appeal and a related rehearing bid for a proposed class action that accused a company of running an unlawful reverse mortgage loan scheme, ruling that the proposed class of homeowners has agreed with the company to voluntarily drop their appeal.
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October 20, 2025
Mobile Cos. Ask FCC To Revisit Local Interconnection Rule
Wireless carriers asked the Federal Communications Commission to ditch a rule that allows local exchange carriers to request interconnection agreements with mobile providers, triggering procedures the carriers say can be overly burdensome.
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October 20, 2025
Conn. Firm, Former Client End Cybersecurity Dispute
A Connecticut personal injury firm and its former client have reached a joint stipulation of dismissal in a federal court dispute over the firm's hacked email system and a fraudulent email that resulted in the wiring of nearly $730,000 in closing costs on a residential property.
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October 20, 2025
Give Small Jails More Time On FCC Rate Caps, Rep. Says
A U.S. lawmaker representing a swath of rural Virginia said the Federal Communications Commission needs to give small jails more time to comply with rate caps on inmate phone calls.
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October 20, 2025
Mass. Clients' Protection Board Seeks $1M From Disbarred Atty
A former Massachusetts attorney who was disbarred in 2023 and later pled guilty to embezzling funds from client accounts is now facing malpractice and conversion claims worth about $1 million.
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October 20, 2025
Justices Won't Review Merck's Immunity From Vaccine Claims
The U.S. Supreme Court refused Monday to review a decision immunizing Merck & Co. from claims that it blocked competition by making false submissions to federal regulators for its mumps vaccine.
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October 17, 2025
'Small Tobacco' Cos. Challenge Va. Ban On Flavored Vapes
Virginia vape companies are looking to stop the state from enforcing a ban on flavored e-cigarettes endorsed by "Big Tobacco," calling the law unconstitutional because it runs afoul of the supremacy clause by having state officials enforce federal tobacco law, according to a lawsuit filed in federal court.
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 sa国际传媒 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聽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.