Consumer Protection

  • July 26, 2024

    Texas Federal Judge Blocks DOL Investment Advice Rule

    A Texas federal judge granted a bid from insurance industry groups to freeze U.S. Department of Labor regulations that expand who qualifies as a fiduciary under federal benefits law, saying the agency's new rule "suffers from many of the same problems" as a previous DOL rule the Fifth Circuit invalidated in 2018.

  • July 25, 2024

    Monsanto Says Appellate Win Should Stave Off Next PCB Trial

    Monsanto told a Washington state court its recent appellate victory left another set of chemical poisoning plaintiffs without key testimony tying their health conditions to polychlorinated biphenyls, hoping to avoid the next trial in a group of cases involving a single school site.

  • July 25, 2024

    Bank-Fintech Risks Put In Spotlight As Agencies Urge Caution

    Federal regulators urged banks on Thursday to be mindful of a host of potential risks when partnering with outside firms to provide deposit products and services, guidance that comes in the wake of a high-profile fintech bankruptcy that has cast a pall over the banking-as-a-service business model.

  • July 25, 2024

    Boeing's 737 Max Plea Deal: Monitorship, Gov't Contracts

    Boeing will be branded with a felony criminal conviction after pleading guilty to conspiring to defraud U.S. regulators over the 737 Max 8's development, an ignominious distinction with fresh complications for the embattled American aerospace titan as it overhauls its corporate culture under a compliance monitorship.

  • July 25, 2024

    Meta, Snap Can't Ignore Murder Case Subpoenas, Court Says

    Social media companies' ability to access and use their customers' information means they fall outside the scope of the Stored Communications Act, a California appellate court has ruled, rejecting Meta Platforms Inc. and Snap Inc.'s argument that the SCA's disclosure limitations mean they can't comply with subpoenas in a murder case.

  • July 25, 2024

    Wells Fargo Says Sham Enrollment Claims Are Too Old

    A proposed class's claims accusing Wells Fargo of attempting to shortchange customers after surreptitiously signing them up for unwanted financial products are time-barred, vague and "implausible," and therefore cannot proceed, the bank told a California federal court.

  • July 25, 2024

    Google Wants To Keep 'Monopolistic Status Quo,' Epic Says

    Epic Games assailed Google on Wednesday for overcomplicating and overpricing changes to the Play Store required by the gaming giant's antitrust jury win, arguing that what Google says are needed security and maintenance protocols are just the latest effort to relitigate the case and "weaken the remedy."

  • July 25, 2024

    FCC Keeps Chin Up, But Chevron Woes Won't Soon Fade

    After the U.S. Supreme Court term stampeded over long-established elements of administrative law this summer, the future of several major Federal Communications Commission initiatives was cast into doubt, but the agency says it's still optimistic it can navigate the new challenges.

  • July 25, 2024

    NC High Court Signals End To College Building Access Row

    The Tar Heel State's Supreme Court this week unpaused a legal battle between North Carolina State University and a cancer-stricken professor after the two said they had resolved a dispute over testing for carcinogens in a campus building.

  • July 25, 2024

    Cable Group Says Funds May Cover Less Under BEAD Rules

    The funds the Biden administration has put into the Broadband Equity, Access and Deployment Program should be enough to get most eligible locations connected if the National Telecommunications and Information Administration doesn't set any mandates on how much that service will cost after it's there, a cable trade group says.

  • July 25, 2024

    SEC Says Consensys 'Rushed To Court' Over Probe Notice

    The U.S. Securities and Exchange Commission has argued cryptocurrency firm Consensys improperly "rushed to court" to head off an enforcement action alleging certain products require brokerage registration.

  • July 25, 2024

    Prime Subscribers Say Amazon Can't Dodge Privacy Suit

    A group of Prime subscribers told a federal court on Wednesday that Amazon cannot sidestep privacy claims in their proposed class action, arguing the possibility the tech giant shares their personal information with advertisers is enough to keep the case alive.

  • July 25, 2024

    Iowa Hemp THC Law Remains In Force As Injunction Bids Fail

    Iowa's hemp law that imposed new restrictions on hemp-derived THC consumables can continue uninterrupted, after a federal judge on Thursday rejected two bids by the hemp industry seeking to block the statute on claims that it was unconstitutionally vague.

  • July 25, 2024

    Justices Urged To Hear Red State Bid To End Climate Torts

    Industry groups and conservative think tanks urged the U.S. Supreme Court to take up a novel request by 19 Republican-led states to nix climate change torts brought by rival state governments against fossil fuel companies, arguing the rival states' claims violate the constitutional bounds of state authority.

  • July 25, 2024

    Advocacy Group Pushes FCC For Hearing On Fox TV License

    An advocacy group accusing a Philadelphia Fox television station of knowingly airing harmful conspiracy theories following the 2020 election has told the Federal Communications Commission the group has collected more than 25,000 signatures from people saying the agency should grant a hearing on the subject of yanking the station's license.

  • July 25, 2024

    ​​​​​​​Justices Urged To Revisit FCC Fund After 5th Circ. Ruling

    Free-market groups asked the U.S. Supreme Court on Thursday to take another look at their challenge to the Federal Communications Commission's low-income and rural subsidy programs after the Fifth Circuit ruled the system was unconstitutional.

  • July 25, 2024

    Dems' Bill Looks To Prevent Collusion With OPEC

    A pair of Democrats in the House and Senate on environmental committees introduced a bill Wednesday to punish fossil fuel companies that collude with OPEC to increase prices.

  • July 25, 2024

    Pot Rescheduling Could 'Compromise' Transit Drug Testing

    Federal traffic investigators are urging the U.S. Drug Enforcement Administration to tread carefully should it move forward with rescheduling marijuana, saying any policy change must allow for drug testing of airline pilots, truck drivers and other "safety-sensitive" transportation jobs.

  • July 25, 2024

    6th Circ. Judge Questions GM's Arbitration Argument Delay

    A Sixth Circuit judge pressed General Motors on Thursday about why it waited three years to argue that some plaintiffs were bound by arbitration agreements in a class action over allegedly defective transmissions, saying a major car company should be aware most consumers sign such contracts.

  • July 25, 2024

    CFPB Wary Of 'Junk Fees' As Lunch Money Goes Digital

    The Consumer Financial Protection Bureau on Thursday flagged concerns about "junk fees" that school-contracted payment processors are charging parents to put money on their children's cafeteria accounts, casting it as part of a broader trend toward more digital payments in school settings.

  • July 25, 2024

    Binance, Ex-CEO Say FTX Users Can't Blame Them For Fallout

    Crypto exchange Binance, its former CEO and its U.S. arm told a Florida federal judge that a lawsuit from spurned users of now-defunct competitor FTX wrongly tries to blame two social media posts from Binance founder Changpeng Zhao for FTX's stunning collapse rather than the fraudulent conduct of FTX executives.

  • July 25, 2024

    The 5 Biggest Mass. Top Court Rulings Of 2024 So Far

    It was an eventful first half of 2024 for Massachusetts' top appellate panel, which issued a landmark sentencing ruling, weighed in on time limits in civil cases and addressed whether an attorney falling asleep mid-trial is grounds for a successful appeal.

  • July 25, 2024

    Divided FCC Floats AI Disclosure Rule For Political Ads

    The Federal Communications Commission is moving forward with a proposal to require that radio and television broadcasters disclose when political advertising uses artificial intelligence.

  • July 25, 2024

    GSK To Remove '100% Natural' Chapstick Labels To End Suit

    A class of consumers is asking a California federal judge for approval of a settlement to end claims that chapstick made and sold by GlaxoSmithKline Consumer Healthcare Holdings (US) LLC and Pfizer Inc. was deceptively marketed as "100% Natural."

  • July 25, 2024

    Tobacco Products Co. Hits Wash. Pot Business With TM Suit

    Wholesaler BBK Tobacco & Foods LLP has hit a Washington state cannabis company with a complaint in Arizona federal court that alleges it is infringing the "Juicy" trademark BBK uses for a variety of smoking and smoking-related products.

Expert Analysis

  • Opinion

    Atty Well-Being Efforts Ignore Root Causes Of The Problem

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    The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.

  • What Passage Of House Crypto Bill Could Mean For Industry

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    While the prospects of the Financial Innovation and Technology for the 21st Century Act, which recently passed the House in a bipartisan fashion, becoming law remain murky, the manner of its passage may give crypto markets a real cause for hope, say Neel Maitra and Dale Beggs at Dechert.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q2

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    The second quarter of 2024 saw less enforcement activity in the realm of New York financial services, but brought substantial regulatory and legislative developments, including state regulators' guidance on cybersecurity compliance and customer service processes for virtual currency entities, say James Vivenzio and Andrew Lucas at Perkins Coie.

  • 4 Important Events In Bank Regulation: A Midyear Review

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    The first six months of 2024 have been fairly stable for the banking industry, though U.S. Supreme Court decisions and proposals from regulators have significantly affected the regulatory standards applicable to insured depository institutions, says Christina Grigorian at Katten.

  • FTC Focus: Competition And The Right To Repair

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    If the Federal Trade Commission includes commercial and industrial products as part of copyright exemptions that allow consumers to modify or repair products, then businesses and affected rights holders will need to consider copyrights' impact on infringement issues, say attorneys at Proskauer.

  • Series

    Skiing And Surfing Make Me A Better Lawyer

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    The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.

  • Advisers Can Avoid Gaps In SEC Marketing Rule Compliance

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    A recent risk alert from the U.S. Securities and Exchange Commission and the enforcement history of the marketing rule indicate that advisers have encountered persistent difficulties in achieving compliance — but there are steps advisers can take to mitigate risks of violations, say Scott Moss and Jimmy Kang at Lowenstein Sandler.

  • Air Ambulance Ruling Severely Undermines No Surprises Act

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    A Texas federal court's recent decision in Guardian Flight v. Health Care Service — that the No Surprises Act lacks a judicial remedy when a health insurer refuses to pay the amount established through an independent review — likely throws a huge monkey wrench into the elaborate protections the NSA was enacted to provide, says Mark DeBofsky at DeBofsky Law.

  • Unpacking The Circuit Split Over A Federal Atty Fee Rule

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    Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.

  • In Biz Account Breaches, Look Beyond The Payment Platform

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    A business's legal path to recovering funds after bad actors access a payment platform account and engage in unauthorized transactions can lead into murky legal territory where liability is unclear, and pursuing the payment platform itself will be an uphill, if not insurmountable, struggle, say Edward Marshall and Morgan Harrison at Arnall Golden.

  • 4 Steps To Repair Defense Credibility In Opening Statements

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    Given the continued rise of record-breaking verdicts, defense counsel need to consider fresh approaches to counteract the factors coloring juror attitudes — starting with a formula for rebuilding credibility at the very beginning of opening statements, says Ken Broda-Bahm at Persuasion Strategies.

  • Arbitration Implications Of High Court Coinbase Ruling

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    The U.S. Supreme Court's recent Coinbase v. Suski ruling not only reaffirmed the long-standing principle that arbitration is a matter of contract, but also established new and more general principles concerning the courts' jurisdiction to decide challenges to delegation clauses and the severability rule, say Tamar Meshel at the University of Alberta.

  • Prejudicial Evidence Takeaways From Trump Hush Money Trial

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    The Manhattan District Attorney's Office's prosecution and conviction of former President Donald Trump on 34 felony counts provides a lesson on whether evidence may cause substantial unfair prejudice, or if its prejudicial potential is perfectly fair within the bounds of the law, says Reuben Guttman at Guttman Buschner.

  • Making Plans For BNPL Consumer Protection Compliance

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    With an interpretive rule from the Consumer Financial Protection Bureau set to require buy-now, pay-later providers to implement credit card-like consumer safeguards by the end of July, loan providers must solidify their federally compliant customer dispute resolution and disclosure procedures before the newly emboldened bureau's deadline, say attorneys at Steptoe.

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.

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