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Consumer Protection
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February 21, 2025
Unilever Settles Class Suit Over Benzene In Shampoo
Unilever has reached a deal in principle that should end a proposed class action accusing the consumer goods giant and its suppliers of selling carcinogen-tainted dry shampoo, according to a joint notice filed Thursday in Connecticut federal court.
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February 21, 2025
Judge Trims $40M Green Energy Co. Investor Suit
A Tennessee federal judge won't toss a proposed class action claiming that a Chicago green energy outfit and its executives used false promises of extravagant returns to lure investors, but ruled two defendants can escape some of the suit's claims.
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February 21, 2025
WebMD Users Secure Class Certification In Video Privacy Suit
WebMD faces a certified class action accusing the health information site of violating federal law by sharing roughly half a million of its users' video-viewing history with Facebook, after a Georgia federal judge rejected some of the website's arguments against certification as "absurd."
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February 21, 2025
Payday Lender Says CFPB Uncertainty Should Pause Suit
ACE Cash Express has asked a Texas federal judge to pause a case launched by the Consumer Financial Protection Bureau accusing the payday lender of concealing free repayment plans from struggling borrowers, saying it is unclear how the agency will move forward with the action now that the Trump administration has effectively shut it down.
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February 21, 2025
Eli Lilly Has Exclusivity Over Weight Loss Drug, FDA Says
The U.S. Food and Drug Administration asked a Texas federal court to reject a request for an injunction that would allow compounding pharmacies to produce a lucrative weight loss drug, saying the agency based its decision on sound facts and it was within its authority.
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February 21, 2025
Telecom Biz Re-Ups Push To Exempt BEAD Funds From Taxes
The telecom industry is again pressing policymakers to make income from federal broadband deployment grants tax-free.
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February 21, 2025
CFPB's $8 Late Fee Rule On Ropes As Banks Move In For Kill
The U.S. Chamber of Commerce and other trade groups have urged a Texas federal judge to strike down the Consumer Financial Protection Bureau's $8 credit card late fee rule once and for all, saying, among other things, that the CFPB is itself a "veritable issue-spotter of constitutional law violations."
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February 21, 2025
Golf Course Operator Wants Workers' Data Breach Suits Axed
KemperSports is asking an Illinois federal judge to permanently toss a group of current and former employees' lawsuits over an April data breach, arguing it's clear they have no claims since "nothing apparently has happened" to them nearly a year after the incident.
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February 21, 2025
Delta Hit With First Negligence Suits Over Toronto Crash
Delta Air Lines was hit with the first pair of negligence suits in Georgia and Minnesota federal court over a harrowing crash in Toronto during which the plane caught fire, skidded across the runway with its wings broken off and flipped upside down.
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February 21, 2025
FanDuel Demands Arbitration For Ex-Jaguars Employee Suit
The former NFL team administrator now imprisoned for embezzlement is bound by an arbitration clause in his FanDuel contract, the betting platform argued Friday in its motion to send a $250 million New York federal lawsuit to arbitration.
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February 21, 2025
Exxon Can't Dodge RICO Claims In Puerto Rico Federal Court
A U.S. magistrate judge said Puerto Rican municipalities should be allowed to pursue racketeering and antitrust claims against energy companies including Exxon Mobil Corp. that they allege misrepresented the climate dangers of fossil fuel products.
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February 21, 2025
Dispute Over FDA Menthol Cigarette Ban Paused Until August
A California federal judge has agreed to pause a lawsuit alleging that federal health regulators slow-walked implementing a ban on menthol cigarettes while new leadership assumes control of the U.S. Department of Health and Human Services.
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February 21, 2025
Alcon Hit With Suit Over Allegedly Contaminated Eye Drops
Alcon Laboratories Inc. has been hit with a proposed class action in Colorado federal court alleging that its eye drops are contaminated by fungus, in a case brought by a woman who says she was injured by using the drops for months.
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February 21, 2025
Ga. Provider Bashes FCC Over Subsidy Verification Rules
A Georgia-based phone and internet provider is appealing a $429,000 recovery order from the Federal Communications Commission's Wireline Competition Bureau over the company's alleged failure to verify subscribers qualified for pandemic-era subsidies, arguing that it is being punished for using the eligibility verification system that the commission itself requires them to use.
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February 21, 2025
Veolia Ends One Of Few Remaining Flint Water Suits For $53M
A water engineering firm on Friday said it will pay $53 million to settle claims from the state of Michigan and thousands of Flint residents who allege the company failed to properly identify corrosion control treatment issues or alert officials to the dangers of the city's water, prolonging the water crisis.
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February 21, 2025
Coinbase Says SEC Will Drop Suit Amid Crypto Policy Shift
Coinbase said Friday the U.S. Securities and Exchange Commission has committed to dropping its enforcement action against the crypto exchange, a move that would see the regulator walk away from one of its flagship crypto suits amid a wider policy shift under the Trump administration.
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February 21, 2025
High Court Finds FCC's E-Rate Subject To False Claims Act
The U.S. Supreme Court ruled unanimously Friday that telecoms participating in the federal E-Rate program supporting school and library connectivity can be sued for excess payouts under the False Claims Act because the subsidy's funds are provided through the U.S. Treasury.
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February 20, 2025
DOJ Says Job Protections For ALJs Are Unconstitutional
The U.S. Department of Justice announced Thursday that it no longer backs long-standing job protections for administrative law judges, saying it has determined that the "multiple layers of removal restrictions" shielding ALJs are unconstitutional because they violate the separation of powers doctrine.
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February 20, 2025
Calif. Privacy Agency Takes Regulatory Aim At 6th Data Broker
The California Privacy Protection Agency continued to keep the heat on data brokers Thursday, announcing that it's pursuing a monetary penalty against a Florida-based company that allegedly failed to comply with the registration requirements of a groundbreaking state data deletion law.
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February 20, 2025
New SEC Enforcement Unit Shows Drift From Crypto Focus
The U.S. Securities and Exchange Commission continued its efforts to shift its approach to digital asset enforcement under the Trump administration when it announced Thursday that it replaced the unit responsible for many of its controversial crypto registration suits with a new fraud-focused iteration that will take a broader focus on "cyber and emerging technologies."
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February 20, 2025
FDIC Watchdog Will Review Agency Layoffs' Impact
The Federal Deposit Insurance Corp.'s inspector general has indicated that she will review how the agency and the larger banking industry will be impacted by the agency's acting Chairman Travis Hill's recent decision to rescind more than 200 job offers to bank examiners following a presidential executive order.
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February 20, 2025
Ex-CFPB Chief Chopra Raps 'Totally Weird' Trump Shutdown
Former Consumer Financial Protection Bureau Director Rohit Chopra knocked the Trump administration's efforts to shut down the consumer agency as a bizarre and potentially self-owning policy choice, warning Thursday that it will only hurt businesses and consumers.
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February 20, 2025
Chinese App Temu Wants To Arbitrate Minors' Privacy Claims
Chinese bargain-shopping app Temu has asked a New York federal judge to send to arbitration a proposed class action claiming it misuses users' data, saying an arbitrator must decide any challenges to the terms of a user agreement even though some named class members are minors.
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February 20, 2025
Warby Parker Hit With $1.5M Fine After HHS Breach Probe
The U.S. Department of Health and Human Services announced Thursday that it has imposed a $1.5 million fine on Warby Parker Inc. following a cyberattack on the eyewear manufacturer's website that exposed the protected health information of nearly 200,000 customers.
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February 20, 2025
Judge Narrows Data Breach Suit Against Ga. Logistics Co.
A group of employees and job applicants who sued a Georgia-based logistics and warehousing company over a 2023 data breach have had their suit trimmed by a Georgia federal judge, who said they failed to plausibly allege several of their claims.
Expert Analysis
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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.
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4 Ways Attorneys Can Emotionally Prepare For Trial
In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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The AI Consumer Class Action Threat Is Not A Hallucination
As regulators scrutinize whether businesses can deliver on claims about their artificial intelligence products and services, the industry faces a wave of consumer fraud class actions — but AI companies can protect themselves by prioritizing fundamental best practices that are often overlooked, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at the Torrenzano Group.