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Consumer Protection
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March 11, 2025
Chemical, Carpet Cos. Seek Toss Of Ga. County's PFAS Suit
Nearly a dozen carpet and chemical manufacturers have moved to dismiss a Georgia county's lawsuit seeking to hold them responsible for an alleged public health crisis in the northwestern part of the state brought on by the sale and use of toxic chemicals in carpet manufacturing.
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March 11, 2025
Ill. Transpo Applicant's GIPA Claim Isn't Blocked, Judge Says
A transportation service applicant can proceed with allegations that he was illegally required to divulge his family medical history during a pre-employment physical since they don't conflict with federal driver safety regulations, an Illinois federal judge has ruled.
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March 11, 2025
'Congress Never Came Up' In CFPB Firing Talks, Worker Says
A Consumer Financial Protection Bureau employee recounted before a D.C. federal judge on Tuesday a frantic effort to fire 1,200 agency staffers before a court order halted it, saying the prospect of first securing congressional approval was never mentioned.
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March 11, 2025
California Will Be Probing Location Data Industry
California has a hunch that a lot of companies might be violating its data privacy law when it comes to sensitive location data, according to the state's attorney general, who says he is launching a sweeping investigation into the location data industry as a whole.
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March 11, 2025
Wash. Pharmacy Strikes $600k Class Deal In Data Breach Suit
An Evergreen State pharmacy has agreed to a $600,000 class deal to end a lawsuit over a 2023 cyberattack that allegedly exposed the personal information of thousands of current and former customers and employees, according to recent filings in Washington federal court.
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March 11, 2025
Pharmacies To Appeal In Bid To Keep Making Weight Loss Drug
A group of compounding pharmacies said Monday they would appeal to the Fifth Circuit after a Texas federal judge denied an injunction that would allow compounding pharmacies to produce a lucrative weight loss drug.
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March 11, 2025
NTSB Flags Helicopters Near DCA As 'Intolerable Risk'
The National Transportation Safety Board recommended Tuesday that helicopter flights near Ronald Reagan Washington National Airport be permanently restricted following January's deadly midair collision over the Potomac River, saying helicopter traffic in the vicinity of a key airport runway poses an "intolerable risk to aviation safety."
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March 11, 2025
NJ AG Accuses Defunct Lender Of Racial Bias, Retaliation
The owner of a recently shuttered New Jersey-based cash advance business instructed sales staff not to "waste your time with the Chinese, with the Africans and Spanish," and he sent racist messages to employees in a group chat, according to an announcement from the New Jersey attorney general's office.
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March 11, 2025
Utilities Want FCC To Clarify TCPA Prior Consent Rule
Power utilities asked the Federal Communications Commission to clarify that federal law allows companies to contact customers about participating in company demand management programs, particularly by calling and texting customers during peak load periods encouraging them to shift energy consumption to nonpeak times.
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March 11, 2025
NJ Residents Push To Repackage Contaminated Water Claims
Residents of National Park, New Jersey, asked a state appellate court panel for permission to revive and amend their proposed class claims over contaminated water, arguing Tuesday that the allegations are a matter for tort law, not contract law.
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March 11, 2025
NY's Banking Regulator Hangs 'Help Wanted' Sign In DC
At a Washington, D.C., appearance on Tuesday, New York's top financial services regulator Adrienne Harris had a message for the legions of federal financial agency employees who have been cut loose by the Trump administration in recent weeks: She's hiring.
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March 11, 2025
Eli Lilly Suit Over Compounded Drugs Survives Dismissal
A Washington federal judge has trimmed Eli Lilly's lawsuit against two Seattle-area clinics and the doctors who run them for allegedly duping consumers into buying copycat versions of its diabetes and weight loss medications Mounjaro and Zepbound, nixing the pharmaceutical giant's consumer protection claim while preserving its trademark infringement and false advertising allegations.
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March 11, 2025
Entity That Got Ponzi Scheme Funds Must Face SEC Suit
A Texas federal judge has declined to free an entity that accepted part of proceeds from an $8.4 million Ponzi scheme from an SEC action, writing that he could "reasonably infer" the entity did not accept the funds in good faith.
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March 11, 2025
Hospital Orgs. Say MultiPlan Must Not Duck Price-Fix Claims
Hundreds of American hospitals are "on the brink of collapse" and letting MultiPlan and a host of insurers who have been accused of conspiring to underpay out-of-network providers off the hook will not improve matters, two groups that represent thousands of hospitals have told the court.
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March 11, 2025
Senate Confirms Gail Slater To Lead DOJ Antitrust
The Senate voted 78-19 on Tuesday to confirm Gail Slater to be assistant attorney general for the Antitrust Division at the U.S. Department of Justice.
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March 11, 2025
6th Circ. Won't Revisit FCC's Tanked Net Neutrality Rules
The Sixth Circuit on Tuesday turned down a bid by public interest groups for a full-court rehearing of January's decision to overturn the Federal Communications Commission's net neutrality rules.
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March 11, 2025
DOJ, Wayne-Sanderson Spar Over Data Sharing Deal
The U.S. Department of Justice told a Maryland federal court that Wayne-Sanderson Farms is continuing to share wage information despite a settlement over the practice, while the poultry producer argued that it does not exchange any competitively sensitive information.
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March 11, 2025
Vape Cos. Say Ky. Regulator Didn't Defend E-Cig Law
Vaping interests urging the Sixth Circuit to block the enforcement of a new Kentucky law regulating e-cigarettes have told the appellate court that the state's tobacco regulator tasked with enforcing the policy didn't even defend the law in recent court pleadings.
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March 11, 2025
Vegan Co. Huel Hit With Class Action Over Quality Of Protein
Vegan meal and supplement company Huel Ltd. misled consumers into thinking its protein powders were made with high-quality protein when in reality it's made with inferior ingredients that can't be digested as easily, according to a proposed class action filed in California federal court by a health-minded San Jose resident.
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March 11, 2025
Post Hit With False Ad Suit Over Rachael Ray Brand Pet Food
Post sells celebrity chef Rachael Ray's Nutrish brand of pet foods that are falsely labeled as being "natural" with "no artificial preservatives" despite containing citric acid, which is derived from heavy chemical processing, according to a proposed class action filed in California federal court Monday.
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March 11, 2025
FTC Defends Southern Glazer's Pricing Case
The Federal Trade Commission is defending its price discrimination case against alcohol distributor Southern Glazer's, telling a California federal judge Monday that the company's move to dismiss the suit "misapprehends applicable case law, ignores key allegations, and overstates the factual detail required of the pleading standard."
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March 11, 2025
Albertsons, Safeway Hit With New Spam-Text Suit In Wash.
Albertsons Companies Inc. and Safeway Inc. are facing a proposed class action filed by a Washington resident who accuses the supermarket chains of sending unsolicited text message advertisements in violation of state consumer protection laws.
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March 11, 2025
DOJ's RealPage Antitrust Case Gets New Judge
The U.S. Department of Justice's price-fixing lawsuit against algorithmic real estate pricing company RealPage is getting a new judge due to a conflict.
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March 11, 2025
Yale-Tied Doc Dies Amid Ongoing Insemination Fraud Cases
A Connecticut doctor who worked at a Yale School of Medicine clinic who was sued for allegedly using his own sperm to impregnate unsuspecting patients has died during the pendency of the two cases against him, according to a court filing.
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March 11, 2025
CMA's Big Tech Enforcement To Focus On UK Impact
An official for the Competition and Markets Authority said the agency will focus enforcement efforts against technology companies on issues that have a local impact in the United Kingdom and is less likely to act on issues already being addressed by other authorities.
Expert Analysis
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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What Financial Intermediaries Can Expect From New Admin
Understanding the current regulatory landscape of consumer financial services — and anticipating how it might evolve under Trump 2.0 — is essential for brokers, lead generators and digital platforms, and they should consider strategies for managing regulatory uncertainty, say attorneys at Sheppard Mullin.
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Virginia AI Bills Could Serve As Nationwide Model
If signed into law, two Virginia bills focused on regulating the use of high-risk AI systems in the private and public sectors have the potential to influence similar legislation in other states, as well as the compliance strategies of companies operating in the commonwealth and across the U.S., say attorneys at Woods Rogers.
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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What Banks Need To Know About Trump's Executive Orders
While the numerous executive orders and memos from the last few weeks don't touch on many of the issues the banking industry expected the Trump administration to address, banks still need to pay attention to the flurry of orders from strategic, compliance and operational perspectives, say attorneys at Arnold & Porter.
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6 Tips For Cos. To Comply With Influencer Gifting Rules
A January decision in a National Advertising Division case concerning Revolve Group provides new insights on how the NAD expects companies to manage certain influencer campaigns, including preapproving posts before they go live and considering how they present the disclosure instructions to influencers, says Gonzalo Mon at Kelley Drye.
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4 Potential Effects Of 3rd Circ.'s Coinbase Ruling
The Third Circuit's recent landmark decision in Coinbase v. U.S. Securities and Exchange Commission that the SEC's refusal to engage in rulemaking to clarify its stance on crypto enforcement was "insufficiently reasoned" could have wide-ranging impacts, including on other cases, legislation and even the SEC's reputation itself, says Daniel Payne at Cole-Frieman.
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Improving Comms Between Trial Attys And Tech Witnesses
In major litigation involving complex technology, attorneys should employ certain strategies to collaborate with companies' technical personnel more effectively to enhance both the attorney's understanding of the subject matter and the expert's ability to provide effective testimony in court, say attorneys at Buchalter.
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CFPB's Message To States Takes On New Weight Under Trump
The Consumer Financial Protection Bureau's January guidance to state enforcers has fresh significance as the Trump administration moves to freeze the bureau's work, and industry should expect states to use this series of recommendations as an enforcement road map, say attorneys at Brownstein Hyatt.
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National Bank Act Rulings Facilitate More Preemption Analysis
Two recent National Bank Act preemption decisions from an Illinois federal court and the Ninth Circuit provide the first applications of the U.S. Supreme Court’s May ruling in Cantero v. Bank of America, opening the potential for several circuit courts to address the issue this year, say attorneys at Moore & Van Allen.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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What NHTSA's Autonomous Vehicle Proposal Means For Cos.
The National Highway Traffic Safety Administration's recently proposed framework for review and oversight of vehicles equipped with automated driving systems offers companies a more flexible, streamlined approach to regulatory approvals for AVs, including new exemption pathways, assessments by independent experts and other innovations, say attorneys at Covington.
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Tips For Pharma-Biotech Overlap Reporting In New HSR Form
While there’s no secret recipe for reporting overlaps to the Federal Trade Commission in the new Hart-Scott-Rodino Act form, there are several layers of considerations for all pharma-biotech companies and counsel to reflect on internally before reporting on any deal, say attorneys at A&O Shearman.
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Complying With Calif. Price-Gouging Law After LA Fires
The recent tragic Los Angeles fires have brought attention to the state's sometimes controversial price-gouging protections, and every California business should keep the law's requirements in mind, despite the debate over whether these statutes help consumers, say attorneys at Cooley.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.