Consumer Protection

  • February 25, 2025

    8th Circ. Says Mo. Law Bars $60M Asbestos Coverage Suit

    An Eighth Circuit appeals panel affirmed that an insurer could not make arguments in Missouri federal court regarding payment of over $60 million for asbestos litigation because it had been battling its insured "for years" over the same issues in state court.

  • February 25, 2025

    FCC Hires US House Lawyer As Regulator's Deputy GC

    The Federal Communications Commission on Tuesday named a top lawyer from the legislative branch as the agency's new deputy general counsel for litigation.

  • February 24, 2025

    9th Circ. Axes Fee Award In California Pizza Kitchen Hack Deal

    The Ninth Circuit on Monday scrapped an attorney fee award of $800,000 given to class counsel as part of a deal resolving data breach litigation against California Pizza Kitchen, finding that the lower court had failed to properly compare the "actual value" of the settlement — which the panel put around $950,000 — to the requested fees.

  • February 24, 2025

    FDIC Scraps 10th Circ. Brief Backing Colo.'s Opt-Out Law

    In a pivot, the Federal Deposit Insurance Corp. on Monday withdrew a Tenth Circuit brief that had supported Colorado in industry litigation against the state's "opt-out" law aimed at curbing higher-cost online lending.

  • February 24, 2025

    DC Judge Wary Of Constitutionality Of Musk's DOGE

    A D.C. federal judge on Monday questioned the constitutionality of Elon Musk's Department of Government Efficiency while expressing skepticism that groups challenging the department's access to federal systems housing Americans' sensitive data had established the irreparable harm needed to block access.

  • February 24, 2025

    FCC Set To Change View On Online Platforms' Liability Shield

    The Federal Communications Commission appears ready to make some changes to how it views the legal protections afforded to online platforms for content posted by their users.

  • February 24, 2025

    SEC Crypto Task Force Wants Input, Commissioner Says

    U.S. Securities and Exchange Commission Commissioner Hester Peirce urged firms to bring their input to her Crypto Task Force in a Friday statement that outlined a series of questions the group is grappling with, including the taxonomy of tokens.

  • February 24, 2025

    Comerica Bank Wants Dismissal Of CFPB's Benefits Card Suit

    Comerica Bank has urged a Texas federal judge to toss a suit brought by the Consumer Financial Protection Bureau, accusing the bank of multiple failures in administering a government benefits card program, arguing the case overextends the agency's authority, among other things.

  • February 24, 2025

    Bigelow Says Class Trial Is On 'Road To Nowhere'

    Counsel for R.C. Bigelow Inc. urged a California federal judge Monday to call off an upcoming class action damages trial over the tea-maker's "manufactured in the USA" labels, saying the proceeding would be a "road to nowhere" because of fatally flawed sales data.

  • February 24, 2025

    Baby Bottle Cos. Get Parts Of Microplastics Suit Tossed

    Parents who sued Philips over allegations that microplastics leach from its "BPA free" baby bottles and sippy cups saw their lawsuit partially trimmed, after a California federal judge said that the company's label isn't misleading because it doesn't promise the products are "devoid of all harmful plastic."

  • February 24, 2025

    Norfolk Southern's Tank Car Co. Liability Claims Head To Trial

    An Ohio federal judge said that Norfolk Southern can pursue its claims seeking to have tank car companies pay at least some of the damages over 2023's East Palestine derailment, teeing up for trial key questions of liability concerning the tank cars' maintenance and transport of toxic chemicals.

  • February 24, 2025

    Insurer Needn't Cover Hospital's $2.5M Virus Vax Probe Costs

    A Chubb unit has no obligation to pay an Illinois hospital for $2.5 million in legal costs associated with responding to federal and state probes into its COVID-19 vaccine distribution program, a federal court ruled, finding that the policy's $1 million regulatory claims sublimit applies.

  • February 24, 2025

    'Fraternal Duty' No Grounds For Conspiracy, 11th Circ. Told

    A Georgia man found guilty last year of participating in a bid-rigging and price-fixing scheme for tens of millions of dollars of ready-mix concrete contracts asked the Eleventh Circuit Friday to throw out his conviction, arguing federal prosecutors failed to prove a wide-ranging conspiracy that captured the coastal concrete market.

  • February 24, 2025

    Robinhood, OpenSea Say SEC Closed Crypto Inquiries

    Robinhood said Monday that the U.S. Securities and Exchange Commission "has officially closed" an investigation into its cryptocurrency arm without any enforcement action, joining a growing number of crypto matters the SEC has dropped or paused under the new Trump administration.

  • February 24, 2025

    PBMs To Challenge FTC Case At 8th Circ., But Without Pause

    A Missouri federal judge summarily refused, again, on Monday to temporarily block the Federal Trade Commission's in-house case accusing Caremark Rx, Express Scripts and OptumRx of artificially inflating insulin prices, letting the case proceed while the pharmacy benefits managers appeal to the Eighth Circuit.

  • February 24, 2025

    Vape Interests Urge 6th Circ. To Halt Kentucky E-Cig Law

    A coalition of e-cigarette interests is urging the Sixth Circuit to halt enforcement of a new Kentucky law regulating vaping products while their appeal plays out.

  • February 24, 2025

    DraftKings Rips 'Flawed' Privacy Suit Over Meta Tracking Pixel

    DraftKings Inc. wants a New York federal judge to toss a "fundamentally flawed" suit that accuses the company of disclosing customer information to third parties for targeted advertising, arguing the plaintiff is attempting to expand the Video Privacy Protection Act beyond its intended purpose.

  • February 24, 2025

    NY Regulator Imposes $20.4M In Fines Against Auto Insurers

    New York's insurance regulator announced Monday the agency has concluded a multiyear investigation into auto insurers' failure to report vehicle information to the state Department of Motor Vehicles in a timely manner, resulting in $20.4 million in fines across 37 separate consent orders.

  • February 24, 2025

    FCA Didn't Forfeit Arbitration Rights In Defect Suit, Judge Says

    An arbitrator must decide whether some drivers alleging Fiat Chrysler sold them vehicles with defective engines that shut off during use can pursue their claims, a Michigan federal judge said, finding the automaker didn't waive its right to seek arbitration by attacking the claims' merits before seeing if the drivers' purchase agreements had an arbitration clause.

  • February 24, 2025

    Feds Fight Reinstatement Of Ousted Inspectors General

    The Trump administration fired back at a lawsuit brought by eight inspectors general who were fired last month, telling a D.C. federal judge that federal law does not require the president to hold off on the terminations for 30 days after notifying Congress.

  • February 24, 2025

    Chinese E-Cig Maker Removes Explosion Suit On Eve Of Trial

    A Chinese electronic cigarette maker has removed to federal court a suit alleging that the battery in one of its products exploded, just days before trial was set to start in Texas state court.

  • February 24, 2025

    Boehringer Ingelheim Wins Illinois Zantac Cancer Retrial

    An Illinois state jury swiftly sided with Boehringer Ingelheim on Monday over two men's claims that taking the company's over-the-counter Zantac for decades contributed to their prostate cancer diagnoses, handing each of the men a trial loss after juries in their previous trials had deadlocked.

  • February 24, 2025

    Elizabeth Holmes Loses 9th Circ. Appeal Over Theranos Fraud

    A Ninth Circuit panel on Monday affirmed the criminal fraud convictions of former Theranos CEO Elizabeth Holmes and former Theranos executive Ramesh "Sunny" Balwani along with their respective 11-year and nearly 13-year prison sentences, rejecting arguments that the lower court made multiple evidentiary errors that unfairly swayed jurors.

  • February 24, 2025

    Justices Won't Rehear Case Against NY Broadband Price Cap

    The U.S. Supreme Court on Monday again rejected a telecom industry bid to reverse a New York state law capping the price for basic broadband service plans that must be offered to low-income households after first turning down the case in December.

  • February 22, 2025

    NY Judge Extends Block On DOGE's Treasury Access

    A New York federal judge on Friday barred Elon Musk's Department of Government Efficiency from accessing U.S. Treasury Department data, handing a win to 19 state attorneys general who claimed giving the new entity access to citizens' personal information posed a massive cybersecurity risk.

Expert Analysis

  • Compliance Considerations Of DOJ Data Security Rule

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    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.

  • Balancing Health Tech Advances And Clinical Responsibility

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    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.

  • Defense Insights As PFAS Consumer Product Claims Rise

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    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.

  • AI Monitoring And FCRA: Employer Compliance Essentials

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    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.

  • Series

    Circus Arts Make Me A Better Lawyer

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    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.

  • Crypto Cos. Add New Play In Their Offense Against SEC

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    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.

  • Recent Listeria Outbreaks Hold Key Compliance Lessons

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    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.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    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.

  • 8 Tech Tips For Stress-Free Remote Depositions

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    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.

  • How To Safely Leverage AI In The Digital Assets Industry

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    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.

  • What Cos. Can Learn from Water Microplastics Class Actions

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    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.

  • $3B TD Bank AML Settlement Is A Wake-Up Call For All Banks

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    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.

  • Opinion

    The Right Kind Of Deregulation In Commercial Airline Industry

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    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.

  • Unpacking The CFPB's Personal Financial Data Final Rule

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    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.

  • Opinion

    Feds May Have Overstepped In Suit Against Mortgage Lender

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    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.

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