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Consumer Protection
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July 07, 2025
Wis. Rep. Pushes 2 Bills To Counter EU's Tech, ESG Rules
A Republican U.S. House representative recently introduced two pieces of legislation over European Union regulations the congressman has deemed to be burdensome to U.S. companies, according to a recent announcement from the representative.
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July 07, 2025
Uber Is Sued After Driver Allegedly Raped Fla. Bartender
A bartender at a Miami-area restaurant has sued Uber after she allegedly was raped by a driver in November 2023, saying the ride-hailing company failed to use real-time facial recognition to verify the identity of a male driver who was using his wife's account to complete rides.
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July 07, 2025
Samsung Settles Epic's Claims It Colluded With Google
Epic Games Inc. on Monday voluntarily dropped Samsung from the Fortnite game-maker's latest California federal antitrust suit in light of the parties' settlement, resolving allegations the phone maker colluded with Google to circumvent an order forcing Google to open Android phones to Play Store competition.
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July 07, 2025
Mass. Cannabis Lab Calls Shutdown Order 'Unlawful'
A cannabis testing lab asked a Massachusetts judge on Monday to let it resume operating, nearly a week after state regulators ordered it shut down for allegedly misreporting the results of mold and yeast tests.
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July 07, 2025
Biggest Enviro Cases To Watch In 2025: Midyear Report
Law360 previews the lawsuits environmental attorneys will be watching closely during the second half of 2025, including the Trump administration's challenge to states' efforts to slow climate change, a lawsuit seeking to continue federal funding for climate change projects and product liability cases over forever chemicals in consumer goods.
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July 07, 2025
P&G Beats False Ad Suit Over 'Pure Cotton' Tampax, For Good
The Procter & Gamble Co. permanently beat a proposed class action alleging that it omits the presence of organic fluorine in its Tampax products, after a California federal judge again rejected the plaintiff's testing method for detecting forever chemicals, ruling Monday that the latest iteration of the suit continued to rest on flawed testing.
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July 07, 2025
Ex-FTC Antitrust Chief Returns To Covington As Co-Chair
Covington & Burling LLP has rehired the former director of the Federal Trade Commission's Bureau of Competition as a co-chair of its antitrust and competition practice group in Washington, D.C., the firm announced Monday.
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July 07, 2025
Some Class Certs. Granted In Amazon Alexa Privacy Suit
A Washington federal judge on Monday granted class certification to plaintiffs with registered Amazon Alexa devices in a suit alleging the devices recorded and stored their conversations, and he denied class certification to those plaintiffs who did not have registered devices.
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July 03, 2025
SEC Signals Openness To Novel Crypto ETPs
The U.S. Securities and Exchange Commission appears to be laying the groundwork to approve increasingly innovative crypto exchange-traded products with a staff statement on disclosure expectations and the recent approval of a novel fund, but experts said the commission's openness comes with a focus on fulsome disclosure.
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July 03, 2025
J.Jill Can't Compel Arbitration In False Price Discount Suit
A California federal judge has refused to ship to arbitration a proposed class action accusing J.Jill of advertising false reference prices on products sold throughout its website, finding that the clothing retailer had failed to put the plaintiff on adequate notice that she would be bound to arbitration simply by placing an order as a guest.
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July 03, 2025
Calif. Justices Say Ford Can't Arbitrate Fiesta And Focus Suits
Ford Motor Co. cannot force drivers who allege defects in their Focus and Fiesta vehicles to take their claims to arbitration, the California Supreme Court ruled Thursday, rejecting the automaker's argument that the dispute flows from dealership sales contracts containing arbitration provisions that it can invoke.
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July 03, 2025
FDIC's Consumer Compliance Enforcement Surged In 2024
The Federal Deposit Insurance Corp. hit banks with a surge of consumer protection-related enforcement actions in the final year of the Biden administration, issuing the largest total dollar amount of fines in almost a decade, according to a new report from the agency.
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July 03, 2025
7th Circ. Cuts Chicken Price-Fixing Atty Fees Again
A Seventh Circuit panel reduced a $51.6 million fee award for class counsel who took on alleged price-fixing among the country's biggest producers of broiler chickens to about $47 million Wednesday, saying the district court made one easily-correctable error.
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July 03, 2025
Experian Can Arbitrate Customer's FCRA Suit, 11th Circ. Says
Experian can arbitrate a customer's lawsuit alleging it failed to reasonably ensure the accuracy of her credit files after a fraudulent $26,922 car loan was reported, the Eleventh Circuit ruled Thursday, finding Experian provided competent, unrebutted evidence of her agreement to arbitrate after enrolling in credit-monitoring services with its affiliate.
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July 03, 2025
CEO Seeks Exit From Crypto Investors' Fraud Suit
The alleged co-CEO of purported crypto projects accused of duping investors out of tens of millions of dollars with false promises of returns has filed a motion to escape the suit, arguing he was not involved with the formation of the projects.
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July 03, 2025
Dems Query Banks On Any Zelle Fraud Link To Social Media
Top Democratic lawmakers are questioning major banks on how they're protecting customers from "significant scams and fraud" via Zelle, in light of JPMorgan Chase's recent decision to block transactions that originate from social media on the peer-to-peer payment platform.
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July 03, 2025
CFPB Funding Cut Could Alter Injunction Calculus At DC Circ.
The steep funding cut that Republicans have passed for the Consumer Financial Protection Bureau could strengthen the Trump administration's position in its court fight to resume downsizing the agency, even if it doesn't directly resolve the legal questions at play.
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July 03, 2025
3 More Athletes Appeal NCAA NIL Settlement To 9th Circ.
Two former wrestlers, including an Olympic medalist, and a former walk-on football player have joined the list of college athletes announcing plans to appeal the $2.78 billion name, image and likeness settlement with the NCAA, arguing that they are receiving far too small a portion of the compensation package.
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July 03, 2025
FCC Aims To Advance Fast-Track Process For Removing Regs
The Federal Communications Commission plans to vote this month on whether to employ a fast-track procedure to remove regulations that are deemed obsolete without having to go through the typical process of first issuing a public notice and soliciting comment.
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July 03, 2025
Circuit-By-Circuit Recap: Justices Send Message To Outliers
It was a tough term at the U.S. Supreme Court for two very different circuits — one solidly liberal, one solidly conservative — that had their rulings overturned in eye-popping numbers. But it was another impressive year for a relatively moderate circuit that appears increasingly simpatico with the high court.
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July 03, 2025
States Still Oppose Florida's Generic Drug Deal With Sandoz
States accusing generic-drug makers of fixing prices are continuing to object to a $10 million settlement struck between Florida and Sandoz, arguing that it limits their ability to negotiate deals while letting the Sunshine State benefit without participating in the litigation.
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July 03, 2025
The Moments That Shaped The Universal Injunction Case
The U.S. Supreme Court voted along ideological lines when it hindered the ability of federal district court judges to issue nationwide pauses on presidential policies, but that outcome didn't seem like a foregone conclusion during oral arguments earlier this year. What do the colloquies suggest about the justices' thinking? Here are some moments that may have swayed them.
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July 03, 2025
Natera Inks $8.25M Deal To End Prenatal Tests Suit
A proposed class of buyers of Natera Inc.'s noninvasive prenatal tests has asked a California federal court to give preliminary approval to an $8.25 million settlement to resolve claims that the company knew the tests were unreliable but failed to tell buyers.
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July 03, 2025
TRESemme Buyers' Claims Too Tangled For Class Cert.
A New York federal judge has denied class certification for a class of 717 buyers of Unilever's TRESemme shampoo who allege the product caused allergic reactions and hair loss, saying their claims would require too much individual inquiry for class certification to be appropriate.
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July 03, 2025
Zimmer Biomet Bone Cement Doesn't Bond, NC Suit Says
Medical device manufacturer Zimmer Biomet has been hit with a product liability suit in North Carolina over its compound for bonding prosthetic to bone, with a woman blaming an alleged design defect for problems she encountered following knee replacement surgery.
Expert Analysis
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State Securities Enforcers May Fill A Federal Enforcement Gap
The U.S. Securities and Exchange Commission appears poised to take a lighter touch under the new administration, but state enforcement efforts are likely to continue unabated, and potentially even increase, particularly with regard to digital assets and ESG disclosures, say attorneys at Ropes & Gray.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Recent Cases Highlight Latest AI-Related Civil Litigation Risks
Ongoing lawsuits in federal district courts reveal potential risks that companies using artificial intelligence may face from civil litigants, including health insurance coverage cases involving contractual and equitable claims, and myriad cases concerning securities disclosure claims, say attorneys at Katten.
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What Rodney Hood's OCC Stint Could Mean For Banking
Acting Comptroller of the Currency Rodney Hood's time at the helm of the OCC, while temporary, is likely to feature clarity for financial institutions navigating regulations, the development of fintech innovation, and clearer expectations for counsel advising on related matters, say attorneys at Vedder Price.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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4 Actions For Cos. As SEC Rebrands Cyber Enforcement Units
As the U.S. Securities and Exchange Commission signals its changing enforcement priorities by retooling a Biden-era crypto-asset and cybersecurity enforcement unit into a task force against artificial-intelligence-powered hacks and online investing fraud, financial institutions and technology companies should adapt by considering four key points, say attorneys at Troutman.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.
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The PFAS Causation Question Is Far From Settled
In litigation over per- and polyfluoroalkyl substances, the general causation question — whether the type of PFAS concerned is actually capable of causing disease — often receives little attention, but the scientific evidence around this issue is far from conclusive, and is a point worth raising by defense counsel, says John Gardella at CMBG3 Law.
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How Health Cos. Can Navigate Data Security Regulation Limbo
Despite the Trump administration's freeze on proposed updates to the Health Insurance Portability and Accountability Act security rule, there are critical cybersecurity steps healthcare organizations can take now without clear federal guidance, says William Li at Axiom.
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4 Key Payments Trends For White Collar Attys
As the payments landscape continues to innovate and the new administration looks to expand the role of digital currency in the American economy, white collar practitioners should be aware of several key issues in this space, say attorneys at Jenner & Block.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Unpacking The Illicit E-Cigarette Crackdown By State AGs
A bipartisan coalition of attorneys general for nine states and the District of Columbia announced a coordinated effort to curb illicit electronic cigarette sales, illustrating the rising prominence of state attorneys general using consumer protection laws to address issues of national scope, especially when federal efforts prove ineffective, say attorneys at Troutman.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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The Revival Of Badie Arbitration Suits In Consumer Finance
Plaintiffs have recently revived a California appellate court's almost 30-year-old decision in Badie v. Bank of America to challenge arbitration requirements under the Federal Arbitration Act, raising issues banks and credit unions in particular should address when amending arbitration provisions, say attorneys at Orrick.
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How Trump's Crypto Embrace Is Spurring Enforcement Reset
The U.S. Securities and Exchange Commission's recent willingness to step away from ongoing enforcement investigations and actions underscores the changing regulatory landscape for crypto under the new administration, which now appears committed to working with stakeholders to develop a clearer regulatory framework, say attorneys at Sheppard Mullin.