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Consumer Protection
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August 11, 2025
FCC Subsidy Foes Again Attack Fund's Quarterly Fees
Groups that fell short in their drive at the U.S. Supreme Court to have the revenue mechanism for the Universal Service Fund declared unconstitutional are again fighting the quarterly rate at the Federal Communications Commission.
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August 11, 2025
DOJ Touts Merger, Rental Algorithm Deals, Eyeing More
The head of the U.S. Department of Justice's Antitrust Division on Monday touted two recent settlements, in a merger case and in the RealPage algorithmic rent-fixing litigation, as indications that Trump administration enforcers will focus on algorithm-based price-fixing and are willing to "negotiate favorable settlements."
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August 11, 2025
Deere Tractor Rivals Get Some Safeguards In FTC Case, MDL
An Illinois federal judge has denied a motion by three of Deere & Co.'s competitors that were seeking to block distribution of confidential information they had provided to the Federal Trade Commission in its wind-up to an antitrust suit against Deere, but said he would amend existing confidentiality orders with additional safeguards.
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August 11, 2025
P&G Must Face Claims Of Unsafe Lead Levels In Tampons
A California federal judge has refused to dismiss the bulk of a suit alleging the Proctor & Gamble Co. sold tampons that contained amounts of lead beyond what California allows, saying the latest complaint included enough detail about the testing for the case to move forward.
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August 11, 2025
AGs Target Voice Providers In 'Operation Robocall Roundup'
A bipartisan coalition of 51 attorneys general from across the U.S. is sending warning letters to 37 voice service providers to demand action against illegal robocalls, alleging they flouted Federal Communications Commission rules, according to an announcement Monday.
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August 11, 2025
Amazon Must Reveal Research Funding Info In Antitrust Suits
A Washington federal judge is forcing Amazon to provide a group of consumers with information regarding the company's alleged ties to antitrust researchers, saying the plaintiffs have presented records suggesting it "has communicated with or funded" various academic authors cited by its expert economist in three related cases.
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August 11, 2025
Judge Rules NYC Can Enforce Kava Cafe Shutdowns
A Manhattan federal judge has ruled that New York City public health and safety officials were within their authority to issue shutdown orders to restaurants that served kava, a federally unregulated psychoactive plant derivative.
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August 11, 2025
House Lawmakers Probe Antitrust In Sports Broadcasting
The U.S. House Judiciary Committee is looking into sports broadcasting antitrust concerns, requesting briefings from the country's four largest sports leagues and saying that the 1961 law governing their telecast agreements has expanded an antitrust "blind spot" in today's sports media rights market.
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August 11, 2025
Nestlé Faces Suit Over Alleged Child Labor In Supply Chain
A human rights group is claiming Nestlé has known of child labor being used throughout its West African cocoa supply chain and yet still marketed its "zero tolerance to child labor" policy in a new suit moved to D.C. federal court Friday.
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August 11, 2025
FTX Customers Aim To Beef Up Case Against Fenwick & West
New information that has emerged since customers of the now-collapsed cryptocurrency trading platform FTX Trading Ltd. sued Fenwick & West LLP over the firm's alleged role in that collapse justifies updating the complaint against the firm, those customers told a Florida federal court Monday.
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August 11, 2025
NTIA Urged To Let States Decide On 'Anchor' Funding
The U.S. Department of Commerce should defer to states as they decide what qualifies as an "anchor" institution for purposes of federal broadband deployment grants, two advocacy groups said Monday.
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August 11, 2025
Fired PGA Tour Reporter Says Vaccine, Mask Objections Legit
A former PGA Tour on-air talent, who was terminated for not complying with COVID-19 protocols, has told a Florida federal court that a trial is the appropriate vehicle through which to analyze whether her religious objections were "bona fide," and that the question cannot be addressed at the summary judgment stage.
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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.
Expert Analysis
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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.
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Compliance Lessons From 1st-Ever Product Safety Sentences
A California federal judge’s recent sentencing of two former Gree USA executives in a landmark Consumer Product Safety Act case serves as a reminder of the federal government’s willingness to pursue criminal prosecution of individuals who fail to report safety hazards, as well as companies’ need to strengthen their reporting and compliance programs, say attorneys at Cooley.
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9th Circ. Decisions Help Clarify Scope Of Legal Lab Marketing
Two Ninth Circuit decisions last week provide a welcome development in clarifying the line between laboratories' legal marketing efforts and undue influence that violates the Eliminating Kickbacks in Recovery Act, and offer useful guidance for labs seeking to mitigate enforcement risk, says Joshua Robbins at Buchalter.
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Feds' Shift On Reputational Risk Raises Questions For Banks
While banking regulators' recent retreat from reputational risk narrows the scope of federal oversight in some respects, it also raises practical questions about consistency, reputational management and the evolving political landscape surrounding financial services, say attorneys at Smith Anderson.
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Series
Playing Mah-Jongg Makes Me A Better Mediator
Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.