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Consumer Protection
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March 10, 2025
DOJ Defends Musk's Influence Against States' Challenge
The U.S. Department of Justice is defending Elon Musk's influence in the federal government against a constitutional challenge brought by 14 states, telling D.C. federal court that the "special government employee" does not occupy an official office that would be subject to the Constitution's appointments clause.
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March 10, 2025
Kia Hit With Pa. Class Claims Over Engine Defects In 2 Models
Kia has been hit with a proposed class action in Pennsylvania federal court alleging that the automaker's recall for more than 137,000 Kia Soul and Seltos models from between 2021 and 2023 didn't go far enough to remedy damages felt by vehicle owners over engine issues.
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March 10, 2025
DOJ Accuses Live Nation Of 'Delay Tactics' In Antitrust Suit
U.S. Department of Justice officials have urged a New York federal judge to issue an order compelling Live Nation Entertainment Inc. to produce documents held by several executives, accusing the company of using "delay tactics" in the lawsuit alleging anticompetitive behavior since merging with Ticketmaster Entertainment LLC in 2010.
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March 10, 2025
Sig Sauer To Appeal $2.3M Accidental Fire Verdict
Sig Sauer said Monday that it plans to appeal a $2.35 million verdict it lost to a Georgia man who claimed that a defect in its popular P320 pistol caused him to accidentally shoot himself after a federal judge declined the company's bid for a new trial.
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March 10, 2025
Public Interest Groups Seek Revamped FCC Subsidy
Advocates for federal broadband aid urged the Federal Communications Commission to support a revamp of the universal service program to make it work like the now-defunct Affordable Connectivity Program's subsidy for low-income families.
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March 10, 2025
SEC Leaves Meme Coin Fraud For Other Cops To Chase
The U.S. Securities and Exchange Commission staff's decision to say that so-called meme coins are beyond the agency's purview is a welcome change from past practices, experts say, but the devil is in the details when it comes to policing fraud and helping consumers recover when projects go bust.
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March 10, 2025
NY AG Sues Allstate Unit Over Pair Of Data Breaches
Allstate unit National General Insurance Co. was sued Monday by New York Attorney General Letitia James over two data breaches in 2020 and 2021, saying the company failed to safeguard sensitive data or inform customers.
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March 10, 2025
Iowa Opposes Vapers' Bid To Block E-Cig Regulation
The state of Iowa on Monday urged a federal court to deny a motion from a group of vape interests seeking to block enforcement of a newly enacted law prohibiting the sale of e-cigarette products that lack federal authorization.
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March 10, 2025
Hagens Berman Comms With Ghosting Client Kept Privileged
Hagens Berman Sobol Shapiro LLP doesn't have to turn over texts and emails with a client who disappeared from a putative class action against Apple and Amazon, a Washington federal judge has ruled, despite the tech giants' accusations that the firm lied about those communications.
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March 10, 2025
FanDuel Slams 'Baseless' Suit From Jaguars Fraudster
FanDuel is looking to squash a lawsuit filed by a former Jacksonville Jaguars employee jailed for embezzling millions from the team, slamming the man's "baseless" and "farfetched" claims that the online sportsbook preyed on his addiction and enabled his crimes.
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March 10, 2025
Comerica Sued Over Interest Earned On Gov't Benefits Cards
Comerica Bank was hit with a proposed class action Friday claiming that the bank is not entitled to keep interest it earns on Social Security and other federal benefits Comerica distributes through government benefits cards.
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March 10, 2025
Ex-Magellan CEO Pleads Guilty Over Faulty Lead Tests
The former CEO of Magellan Diagnostics Inc. admitted Monday to selling faulty devices that tested blood lead levels, the final of three defendants to plead guilty ahead of a jury trial scheduled for April.
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March 07, 2025
As Key Hearing Looms, CFPB Emails Hint At Signs Of Life
Recent batches of Consumer Financial Protection Bureau internal emails hint at early, fumbling efforts to bring parts of the agency back online, but whether these flickers of life will undercut an employee union's fight to keep the agency intact remains to be seen.
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March 07, 2025
FDA Can Take Eli Lilly Weight Loss Drug Off Shortage List
A Texas federal judge has refused to issue an injunction that would allow compounding pharmacies to produce a lucrative weight loss drug, ruling that the U.S. Food and Drug Administration was within its authority when it removed the medication from the drug shortage list.
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March 07, 2025
Trump DOJ Agrees: Google Must Sell Chrome Browser
The Department of Justice on Friday reiterated to a D.C. federal judge that Google should have to divest the Chrome browser to give rival search engines a fighting chance against its illegal monopoly, but backed off its previous request that Google sell its investments in artificial intelligence companies.
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March 07, 2025
9th Circ. Open To Reviving Monsanto Expiration Label Fight
A Ninth Circuit panel appeared open Friday to reviving a proposed class action over expiration dates on Monsanto's Roundup pesticides, but two judges were skeptical of claims against a distributor, which the distributor's counsel argued could open the floodgates of litigation.
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March 07, 2025
Orlando Health Can't Duck Suit Over Sharing Of Patients' Data
A Florida federal judge has refused to release Orlando Health Inc. from a proposed class action accusing it of unlawfully sharing patients' private information with Meta Platforms and Google through ad tracking software, allowing several wiretap and contract claims to proceed while axing a single invasion of privacy allegation.
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March 07, 2025
Trump Sues Capital One Over 'Illegal' De-Banking
President Donald Trump's company and his son Eric Trump sued Capital One on Friday in a Florida state court, claiming it illegally canceled hundreds of Trump-affiliated accounts in the aftermath of the Jan. 6, 2021, attacks on the U.S. Capitol.
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March 07, 2025
US Bank Loses Renewed Bid To Arbitrate Deposit Box Dispute
A California federal judge denied U.S. Bancorp's renewed motion to compel arbitration in a suit alleging the bank unlawfully drilled into some of its customers' safe deposit boxes without consent, after the Ninth Circuit vacated the court's prior order compelling arbitration, finding the bank failed to prove the arbitration clause was properly incorporated into customer contracts.
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March 07, 2025
4th Circ. Overturns Remand Of Md., SC PFAS Suits Against 3M
U.S. district court judges erred when they sent lawsuits Maryland and South Carolina filed against 3M over environmental contamination from consumer products containing forever chemicals back to state courts, a split Fourth Circuit panel ruled Friday.
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March 07, 2025
FTC: Outlining World Sans Amazon Price-Floor 'Not Possible'
The Federal Trade Commission told a Washington federal judge Friday that it can only offer pieces, and not the entire outline, of what an alternative world might look like without Amazon.com's allegedly monopolistic pricing floor created by penalties for sellers offering their goods more cheaply through other retailers.
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March 07, 2025
New Bellwethers Score Cert. In Generic Drug Price-Fixing MDL
The Pennsylvania federal court overseeing sprawling multidistrict litigation springing from claims that pharmaceutical giants worked together to hike the cost of off-brand drugs has certified several sets of classes for the cases for the MDL's latest bellwethers.
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March 07, 2025
Google Says Special Master Can't Make Ad Tech Trial Calls
Google is opposing a bid in Texas federal court from state enforcers accusing the company of monopolizing key digital advertising technology to have a special master make decisions about what evidence will be admitted during trial.
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March 07, 2025
Sticker For Dangerous LG Ranges Just A Band-Aid, Court Told
Appliance manufacturer LG sold nearly half a million defective ranges with knobs that are too easily turned on by accident, causing fires that injured consumers and killed a few pets, according to a federal lawsuit filed in New Jersey on Friday, which demands the company issue a "proper" recall with cash refunds.
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March 07, 2025
Boeing Investors Certified As Class In 737 Blowout Suit
A Virginia federal judge on Friday certified a class of Boeing investors in a securities fraud suit accusing the aviation giant of making false statements about the safety of its 737 Max fleet.
Expert Analysis
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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SEC Motion Response Could Reveal New Crypto Approach
Cumberland DRW recently filed to dismiss the U.S. Securities and Exchange Commission’s enforcement action against it for the unlawful purchase and sale of digital asset securities, and the agency's response should unveil whether, and to what extent, the Trump administration will relax the federal government’s stance on digital asset regulation, say attorneys at O'Melveny.
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A Compliance Update For Credit Card Reward Partnerships
While the Consumer Financial Protection Bureau's interest in credit card rewards programs could fade under the new administration, a recent circular focusing on both issuers and their merchant partners means that co-brand credit card partnerships with banks could be subject to increased scrutiny ahead, say attorneys at Goodwin.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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How FTC Consumer Protection May Fare Under Reg Freeze
Attorneys at Crowell & Moring consider how President Donald Trump's executive order directing agencies to freeze all pending rulemaking activity may frustrate any Federal Trade Commission efforts to change or eliminate rules that made it across the finish line before the inauguration.
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Critical Steps For Navigating Intensified OFAC Enforcement
The largely overlooked SkyGeek settlement from the end of 2024 heralds the arrival of the Office of Foreign Assets Control's long anticipated enhanced enforcement posture and clearly demonstrates the sanctions-compliance benefits of immediately responding to blocked payments, says Jeremy Paner at Hughes Hubbard.
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Expect Scrutiny Of Banks To Persist, Even Under Trump
Although the change in administrations brings some measure of uncertainty as to the nature of bank compliance oversight, if regulators in Washington, D.C., attempt to dilute the vigilance of federal superintendence, the states are waiting in the wings to fill the void, say attorneys at Polsinelli.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Likely Doomed CFPB Contract Rule Still Has Industry Pointers
While the Consumer Financial Protection Bureau's January proposal on consumer financial contract provisions is unlikely to be finalized under the new administration, its provisions are important for industry to recognize, particularly if state attorneys general decide to take up the enforcement mantle, say attorneys at Saul Ewing.
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The Risk And Reward Of Federal Approach To AI Regulation
The government has struggled to keep up with artificial intelligence's furious pace, but while an overbroad federal attempt to adopt a more unified approach to regulating AI poses its own risks, so does the current environment of regulatory uncertainty, say attorneys at Covington.
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Anticipating Direction Of Cosmetics Regulation Under Trump
It is unclear how cosmetics regulation reform from the last few years will fare under President Donald Trump, but the new administration's emphasis on deregulation and Robert F. Kennedy Jr.'s views on product safety provide some insight, say attorneys at Crowell & Moring.
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Drug Pricing Policy Trends To Expect In 2025 And Beyond
Though 2025 may bring more of the same in the realm of drug pricing policy, business as usual entails a sustained, high level of legal and policy developments across at least six major areas, say attorneys at Ropes & Gray.
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The Tides Are Changing For Fair Access Banking Laws
The landscape of fair access banking laws, which seek to prevent banks from denying services based on individuals' ideological beliefs, has shifted in the last few years, but a new presidential administration provides renewed momentum for advancing such legislation against the backdrop of state efforts, say attorneys at Latham.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.