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Consumer Protection
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December 09, 2024
CFPB Eyes Credit Reporting Rule To Address 'Coerced Debt'
The Consumer Financial Protection Bureau said Monday that it is looking into new credit reporting safeguards for consumers who have experienced domestic violence or other abuse, launching a rulemaking push that will carry into the next Trump administration.
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December 09, 2024
Boeing Supplier Wins Bid To Block Texas Biz Records Inquiry
A Texas federal judge on Monday adopted a magistrate judge's recommendation granting Spirit AeroSystems Inc.'s bid to permanently enjoin a Texas statute requiring businesses to immediately comply with the state's demand to examine business records.
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December 09, 2024
Live Nation Denied Rehearing In 9th Circ. Arbitration Fight
The full Ninth Circuit has refused to reconsider an appellate panel's recent decision invalidating Live Nation and Ticketmaster's choice of a digital arbitration startup for consumer antitrust claims over allegedly exorbitant ticket prices.
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December 09, 2024
Apple Faces Another Suit Over Child Porn Detection Failures
Apple has been hit with another proposed class action by child abuse victims in California federal court alleging that the tech giant misled users about its efforts to combat the dissemination of child pornography and defectively designed its products, thereby allowing explicit imagery to run rampant on its iCloud and Apple devices.
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December 09, 2024
RealPage Says DOJ's Ended Multifamily Rental Criminal Probe
RealPage said the U.S. Department of Justice had ended a criminal probe into the multifamily rental housing industry's pricing practices, adding that the algorithmic pricing company was never identified as an investigation target.
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December 09, 2024
What's Next After Boeing 737 Max Deal Snags On DEI Clause
A Texas federal judge's recent rejection of Boeing's plea agreement with the U.S. Department of Justice underscores the increasing vulnerability of corporate and government diversity, equity and inclusion policies, experts say, spelling fresh complications for the embattled American aerospace titan and the legal saga over its 737 Max jets.
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December 09, 2024
Facebook Execs Deny Email Breach Harm In Del. Hearing
Two former Facebook directors turned to "chutzpah" in answering a stockholder class call for sanctions against them for deleting uncounted emails regarding privacy violations and the Cambridge Analytica scandal, a stockholder attorney told a Delaware vice chancellor on Monday.
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December 09, 2024
NHL Dropped From Antitrust Suit By Junior League Players
The junior-league hockey players who accused the North American developmental system of exploitation and abuse in a proposed antitrust class action voluntarily dismissed the NHL from the suit on Monday, less than two weeks after the Canadian Hockey League was dismissed by a New York federal judge.
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December 09, 2024
Judge Eyes Far Less Trial Time In Meta Case Than FTC Wants
The Federal Trade Commission likely has to cram much more trial in much less time than it had planned after a D.C. federal judge suggested Monday that the agency's social media monopolization case against Meta Platforms Inc. can't go much past the first week of June 2025.
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December 09, 2024
LendingTree Pushes FCC Again To Rework Lead Consent Rule
Loan marketer LendingTree is making one more effort to persuade the Federal Communications Commission to trim the scope of its lead generation consent rule in hopes of seeing changes before the regulations take effect in January.
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December 09, 2024
Amazon Says FTC Lacks Authority To Bring Antitrust Case
Amazon has told a Washington federal court that the Federal Trade Commission is overstepping its authority by bringing its antitrust case directly in court without pursuing an in-house case targeting the e-commerce giant's treatment of sellers on its platform.
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December 09, 2024
Congress Set To Let FCC Borrow $3B For 'Rip And Replace'
Lawmakers are considering funding a $3.08 billion shortfall in the program to rid U.S. networks of Chinese-made equipment by letting the Federal Communications Commission borrow the money from the U.S. Department of the Treasury, repaid with spectrum auctions.
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December 09, 2024
CFPB Gets Final OK For $950K Student Lender Settlement
A New York federal judge has granted final approval to a $950,000 settlement reached between the Consumer Financial Protection Bureau and an online private student lender and its venture capital backer over claims that they duped borrowers into taking out loans for coding school and other vocational programs with false claims about their educational "return-on-investment."
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December 09, 2024
EPA Finalizes Bans On Two Carcinogenic Chemicals
The U.S. Environmental Protection Agency issued a pair of final rules on Monday banning all uses of trichloroethylene and all consumer uses of perchloroethylene, which are cancer-causing chemical solvents used in brake cleaner and adhesive products.
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December 09, 2024
Prevagen Maker Ordered To Cease Memory Claims
A New York federal judge on Friday upheld an injunction blocking Quincy Bioscience Holding Co. Inc. nationally from making claims that its supplement Prevagen can treat memory problems.
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December 09, 2024
TikTok Seeks Halt On Sale-Or-Ban Law For High Court Appeal
TikTok Inc. and its users are pressing the D.C. Circuit to put on hold the implementation of a law that is set to bar the platform from the U.S. market next month while they appeal a ruling backing the measure to the U.S. Supreme Court.
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December 09, 2024
NC Hemp Store Owners Say Raids Targeted Their Race
North Carolina sheriff's deputies allegedly "ransacked" and robbed two hemp stores and harassed their Middle Eastern owners in an effort to run them out of their community despite the businesses being legal, according to a new complaint filed in federal court.
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December 06, 2024
USDA Orders Raw Milk Be Tested For Bird Flu
The U.S. Department of Agriculture on Friday issued a federal order requiring raw milk across the country to be tested as part of an effort to control and stop the spread of bird flu.
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December 06, 2024
CFPB Loses Bid To Unfreeze Credit Card Late Fee Rule
A Texas federal judge Friday refused to lift a preliminary injunction blocking the Consumer Financial Protection Bureau's $8 credit card late fee rule from taking effect, ruling that the U.S. Chamber of Commerce and other trade groups are likely to succeed in their challenge to the rule.
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December 06, 2024
DC Circ. Ruling Far From Last Word On Looming TikTok Ban
The D.C. Circuit's decision Friday paving the way for a U.S. ban on TikTok to take effect next month sparked immediate concerns about the loss of a social platform that millions rely on to freely express themselves, but a likely appeal and upcoming administration change could end up flipping the script.
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December 06, 2024
Ill. Judge Sends Hair Restoration Text Suit To Arbitration
An Illinois federal judge paused litigation against a hair restoration company accused of sending a website user unwanted text promotions and ordered the parties Friday to arbitrate their dispute, following a Seventh Circuit ruling that upheld an arbitration agreement with less to go off of.
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December 06, 2024
US Ukrainian Group Wants FCC SpaceX Approvals Halted
The FCC needs to put any decisions related to SpaceX on ice until an ethics committee can decide how to handle them now that the company's billionaire owner Elon Musk has been tapped for an oversight role in the upcoming Trump administration, the agency has been told.
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December 06, 2024
Google Must Face Trimmed BIPA Suit Over IBM Dataset
A California federal judge on Thursday permitted Illinois residents to proceed with a pared-down version of their proposed class action accusing Google of violating biometric privacy laws with facial data collected by IBM, ruling they've adequately alleged a violation of the Illinois Biometric Privacy Act.
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December 06, 2024
Rugby League, Fox Sports Move To End Meta Tracking Row
Fox Sports Australia and the National Rugby League are urging a California federal court to nix a proposed class action accusing them of disclosing viewers' personal data to Meta and other third parties without their knowledge or consent, saying the dispute belongs in Australia.
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December 06, 2024
Lawmakers Say DraftKings, FanDuel May Be Blocking Rivals
A pair of lawmakers have sent a letter to the heads of two U.S. antitrust agencies raising concerns that DraftKings and FanDuel are blocking competition from emerging sports betting operators.
Expert Analysis
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Compliance Considerations Of DOJ Data Security Rule
Under the U.S. Department of Justice's proposed rule aiming to prevent certain countries' access to bulk U.S. sensitive personal data, companies must ensure their vendor, employment and investment agreements meet strict new data security requirements — or determine whether such contracts are worth the cost of compliance, say attorneys at Eversheds Sutherland.
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Balancing Health Tech Advances And Clinical Responsibility
To maintain their clinical responsibilities and mitigate potential legal risk, health professionals should incorporate the benefits of new medical technology powered by artificial intelligence while addressing its risks and limitations, says Kathleen Fisher Enyeart at Lathrop GPM.
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Defense Insights As PFAS Consumer Product Claims Rise
Amid the recent proliferation of lawsuits seeking damages for failure to disclose the presence of PFAS in consumer products, manufacturers, distributors and consumer product companies should follow the science and consider a significant flaw in many of the filings, say attorneys at Farella Braun.
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AI Monitoring And FCRA: Employer Compliance Essentials
As the Consumer Financial Protection Bureau and the Federal Trade Commission signal determination to treat AI-based workplace surveillance as a potential Fair Credit Reporting Act issue, employers must commit to educating HR and compliance staff on these quickly evolving regulatory expectations, say attorneys at Sheppard Mullin.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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Crypto Cos. Add New Play In Their Offense Against SEC
Consensys and Crypto.com have adopted a novel strategy of preempting U.S. Securities and Exchange Commission enforcement actions by moving to crypto-friendly Texas and filing declaratory lawsuits challenging the SEC's jurisdiction to regulate crypto-assets — an aggressive approach that may pay off, say attorneys at Herrick Feinstein.
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Recent Listeria Outbreaks Hold Key Compliance Lessons
Listeria outbreaks in ready-to-eat foods from Boar's Head and other companies, and the U.S. Department of Agriculture and U.S. Food and Drug Administration responses to these outbreaks, should be closely evaluated from an overall compliance and risk management perspective by food manufacturers, retailers and industry investors, say attorneys at Kirkland.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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8 Tech Tips For Stress-Free Remote Depositions
Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.
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How To Safely Leverage AI In The Digital Assets Industry
Digital asset businesses that use or plan to implement artificial intelligence should assess their risk management frameworks to ensure that AI-related business areas, including customer support and fraud detection, are in compliance with applicable laws and regulatory guidance from the last year, say attorneys at Winston & Strawn.
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What Cos. Can Learn from Water Microplastics Class Actions
Class actions against companies whose bottled spring water allegedly contains microplastics, challenging claims such as "natural" and "100% spring water," seem to be drying up — but these cases serve as a good reminder to other businesses to review regulatory standards, and carefully vet plaintiff allegations at the outset, say attorneys at Keller and Heckman.
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$3B TD Bank AML Settlement Is A Wake-Up Call For All Banks
TD Bank’s historic settlement over anti-money laundering violations, resulting in over $3 billion in penalties, reminds banks of all shapes and sizes why they need to take financial crime compliance seriously, and highlights three areas that may be especially vulnerable to enforcement, says Jack Harrington at Bradley Arant.
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Opinion
The Right Kind Of Deregulation In Commercial Airline Industry
Similar to the economic deregulation that occurred more than four decades ago during the Carter administration, the incoming Trump administration should restore the very limited federal regulatory role in the economics of the airline industry, says former U.S. transportation secretary James Burnley at Venable.
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Unpacking The CFPB's Personal Financial Data Final Rule
The Consumer Financial Protection Bureau's personal financial data rights rule includes several important changes from the proposed rule, and hundreds of pages of supplementary information that provide important insights into the manner in which the bureau will enforce the final rule, say attorneys at Sidley.
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Opinion
Feds May Have Overstepped In Suit Against Mortgage Lender
The U.S. Department of Justice's lawsuit against Rocket Mortgage goes too far in attempting to combat racial bias and appears to fail on the fatal flaw that mortgage lenders should be at arm's length from appraisers, says Drew Ketterer at Ketterer & Ketterer.