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Consumer Protection
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June 04, 2024
Manning Kass Adds 11 Insurance Attys From Morrison Mahoney
Manning & Kass Ellrod Ramirez Trester LLP has expanded its New York roster with a team of 11 attorneys and six paralegals from Morrison Mahoney LLP, saying Tuesday that the hires will bolster its work in insurance fraud and affirmative litigation.
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June 04, 2024
Khan, Kanter Say There's Bipartisan Will To Stop 'Coercion'
The federal government's top antitrust enforcers said Tuesday their aggressive scrutiny of mergers and acquisitions is changing the way businesses approach consolidation at the start of the process, and that's good for consumers and workers alike.
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June 04, 2024
Mondelez, BCLP Must Face Negligence Claims Over 2023 Breach
An Illinois federal judge has trimmed the majority of claims in proposed data privacy class actions brought by Mondelez workers against their employer and Bryan Cave Leighton Paisner LLP stemming from a 2023 data breach, although the company and law firm couldn't shake the cases entirely.
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June 03, 2024
Voir Dire With No Judge Present Persists In State Courts
Data released Friday by the National Center for State Courts revealed that voir dire conducted by lawyers with no judge present in the room persists in 7% of state court trials, but has been virtually eliminated in federal courts.
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June 03, 2024
TikTok Profits Off Of Child Sex Trafficking, Utah Alleges
Utah's Division of Consumer Protection hit TikTok Inc. with a lawsuit in state court Monday, accusing the social media giant of intentionally profiting off of child sex trafficking by implementing an unregulated virtual currency system in its live-streaming feature that allows children to be sexually exploited by adult viewers.
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June 03, 2024
USDA Proposes Another Rule To Protect Chicken Farmers
The U.S. Department of Agriculture proposed a rule Monday to make changes to the way poultry farmers are compensated, as the agency looks to address alleged abuses by the large processing companies that also supply the chickens.
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June 03, 2024
Fifth Third Bank Sued Over 'Hidden' Cost Of Solar Panel Loans
Fifth Third Bank faces a proposed class action alleging that its solar panel financing business violated the federal Truth in Lending Act by failing to disclose that it keeps a significant portion of the cost of certain solar panel system purchases while telling consumers it was lending to them at a low interest rate.
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June 03, 2024
Justices Won't Review Contempt Sanctions Against Drug Co.
The U.S. Supreme Court won't hear Hi-Tech Pharmaceuticals' challenge to the Federal Trade Commission's $40 million judgment against it for misrepresenting weight-loss drugs and violating an injunction.
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June 03, 2024
Kroger, Albertsons Can't Get More Info On FTC Markets
An Oregon federal judge denied Kroger and Albertsons' requests for more information on the markets at issue in the Federal Trade Commission's ongoing attempt to block their merger, saying the companies' request is premature and excessively broad.
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June 03, 2024
3 Airlines To Refund Over $900M For COVID Flight Changes
Deutsche Lufthansa AG, KLM Royal Dutch Airlines and South African Airways will refund a combined $903 million to passengers who had flights changed or canceled during the COVID-19 pandemic and pay a combined $2.2 million in penalties for "extreme delays" in processing the requests, the U.S. Department of Transportation said Monday.
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June 03, 2024
FTC Gets Backing Against Noncompete Rule Challenge
The Federal Trade Commission has received backing against a challenge of its new rule banning noncompete clauses, with a labor group, local lawmakers and others urging a Texas federal court not to prevent the rule from taking effect in September.
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June 03, 2024
Navy Federal Lets AI Co. Monitor Calls, Suit Says
Navy Federal Credit Union has been letting an artificial intelligence software company intercept, analyze and record all its customer calls, according to a new lawsuit accusing the nation's largest credit union of putting its members' confidential, personal and financial information at risk.
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June 03, 2024
Vietnamese EV Co. Hit With Investor Suit Over SPAC Merger
Vietnamese electric car manufacturer VinFast Auto and several executives have been hit with a proposed class action alleging they exaggerated the strength of VinFast's business model and prospects following a merger with a special-purpose acquisition company last year.
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June 03, 2024
Clear Rate Faces 4 New FCC Complaints Over 'Slamming'
Michigan-based Clear Rate Communications is yet again in the Federal Communications Commission's crosshairs over allegations of "slamming," with the commission ordering the company to wipe new customers' charges for the third time this year.
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June 03, 2024
Put Net Neutrality On Ice During Court Reviews, FCC Urged
Nine industry groups are calling on the Federal Communications Commission to delay making net neutrality rules effective until the federal appeals courts have a chance to review them, and to act quickly so the groups can seek a court order if needed.
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June 03, 2024
Congress' Crypto Votes Lay Groundwork For Next Session
Congress' sudden and surprisingly bipartisan momentum on crypto policy is unlikely to result in a signed law this year, but the agreements set the stage for proposals that could go the distance next session.
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June 03, 2024
Royal Caribbean Sued Over Ship's Wave Simulation Attraction
Royal Caribbean was hit Monday with a lawsuit in Florida federal court alleging its FlowRider wave simulation attraction on one of its cruise ships was "unreasonably dangerous" and led to a passenger being injured.
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June 03, 2024
American Says 'Common Sense' Makes JetBlue Deal A Positive
An attorney for American Airlines appeared to run into turbulence during his First Circuit oral arguments Monday while contending that the mere presence of "upward pricing pressure" from the since-blocked Northeast Alliance joint venture with JetBlue is outweighed by deal benefits improperly ignored by the district court.
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June 03, 2024
Public Stations Fight One-Size-Fits-All Definition Of Localism
The Federal Communications Commission might harm public TV stations if it applies the same definition of "locally originated content" to public outlets and its commercial counterparts, public broadcasting groups say.
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June 03, 2024
New Mexico AG Beats Meta's Bid To Toss Child Abuse Suit
Social media company Meta can't escape a lawsuit claiming sexual predators were allowed to abuse children on Facebook and Instagram, after a New Mexico state judge rejected Meta's claims for immunity under Section 230 of the Communications Decency Act.
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June 03, 2024
Drug Cos. Can Depose DC AG In Drug Price-Fixing Row
A Connecticut federal judge reluctantly ordered the District of Columbia Attorney General's Office to be deposed by the drug companies wrapped up in more than 40 states' claims over an alleged price-fixing conspiracy, noting that he would not have done so but for the case being remanded from a sprawling multidistrict litigation in Pennsylvania.
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June 03, 2024
Jeep Driver Files Proposed Class Suit Over Battery Defect
Stellantis North America has been slapped with a proposed class action in California federal court alleging that although the carmaker's 2021 Jeep Wrangler Unlimited 4XE suffers from a serious battery system defect, the company has refused to issue a recall or fix the vehicles.
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June 03, 2024
Eversource 'Shamelessly' Touts Dangerous Fuel, Suit Says
Eversource Energy promotes natural gas as a safe, clean energy source when it knows otherwise and engages in "greenwashing" that minimizes its impact on the environment, according to a proposed class action filed in state court on behalf of Massachusetts residents serviced by the utility.
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June 03, 2024
Equifax Judge OKs $1.1M Atty Fees In Debt Reporting Deal
Attorneys will recover $1.1 million in fees for securing $500 payments for class members in litigation alleging Equifax reported unenforceable debts, a decision that comes several months after a California federal judge warned he would likely hold a portion of the fees until he learned the ultimate settlement payout.
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June 03, 2024
Restaurants Fight Bid-Rigging Release In $75M Chicken Deals
Boston Market, Golden Corral and other restaurants have urged an Illinois federal judge to reject a class of chicken buyers' attempt to lock in $75 million in price-fixing settlements, continuing their fight to preserve a bid-rigging claim they argue should not be released.
Expert Analysis
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Can A DAO Be Sued? SDNY Case May Hold The Answer
A case pending in the Southern District of New York will examine whether decentralized crypto co-op MakerDAO is a partnership with the capacity to be sued in federal court, and the decision could shape how legal frameworks will adapt to accommodate blockchain technologies moving forward, say attorneys at Haynes Boone.
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How Breach Reporting Is Changing For Financial Institutions
In May, the Federal Trade Commission's amended Safeguards Rule will extend the data protections that apply to information held by banks to information held by nonbanking financial institutions — and sweep even more broadly in some critical aspects, say Evan Yahng and Kurt Hunt at Dinsmore.
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Opinion
UK Whistleblowers Flock To The US For Good Reason
The U.K. Serious Fraud Office director recently brought renewed attention to the differences between the U.K. and U.S. whistleblower regimes — differences that may make reporting to U.S. agencies a better and safer option for U.K. whistleblowers, and show why U.K. whistleblower laws need to be improved, say Benjamin Calitri and Kate Reeves at Kohn Kohn.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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A Former Bankruptcy Judge Talks 'Undue Hardship'
Former U.S. bankruptcy judge Robert Gordon reflects on his journey from student borrower to judicial observer, highlighting the challenges faced by modern students burdened with student loan debt and advocating for reform in bankruptcy laws, particularly regarding the "undue hardship" element of discharge.
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Opinion
Suits Against Insulin Pricing Are Driven By Rebate Addiction
A growing wave of lawsuits filed by states, cities and counties against insulin manufacturers and pharmacy benefit managers improperly allocate the blame for rising insulin costs, when in actuality the plaintiffs are partially responsible, says Dan Leonard at Granite Capitol Consulting.
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Conn. Data Privacy Enforcement Takeaways For Cos.
In light of the Connecticut attorney general's recently released report on its enforcement of the Connecticut Data Privacy Act, which focuses on companies' privacy policies, protections of sensitive data and more, businesses can expect increased enforcement scrutiny — especially in areas that are the subject of consumer complaints, say Paul Pittman and Abdul Hafiz at White & Case.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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How Echoing Techniques Can Derail Witnesses At Deposition
Before depositions, defense attorneys must prepare witnesses to recognize covert echoing techniques that may be used by opposing counsel to lower their defenses and elicit sensitive information — potentially leading to nuclear settlements and verdicts, say Bill Kanasky and Steve Wood at Courtroom Sciences.
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Regulatory Trends Offer 4 Lessons For Debt Relief Providers
A string of enforcement actions, including a New York lawsuit filed last month by seven states and the Consumer Financial Protection Bureau, underscore the regulatory scrutiny that debt relief and credit repair companies face and offer important lessons on telemarketing and deceptive practices compliance, say attorneys at Sheppard Mullin.
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Opinion
Contractors Need Protection From NJ Homeowner Protections
A recently passed New Jersey law, combined with the state's Consumer Fraud Act, is intended to protect innocent homeowners, but legislative action must be taken to prevent homeowners from abusing the law to avoid paying hardworking contractors, say Gary Strong and Madison Calkins at Gfeller Laurie.
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Bracing Cos. For Calif. Privacy Agency's Restored Authority
A recent California state appeals court decision greenlights the California Privacy Protection Agency's enforcement of certain consumer privacy regulations, which may speed up compliance requirements, so businesses considering use of artificial intelligence, for instance, may want to reassess their handling of privacy notices and opt-out requests, say Kevin Angle and Matthew Cin at Ropes & Gray.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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Basics Of Bank Regulators' Push For Discount Window Use
As the Federal Reserve and Office of the Comptroller of the Currency emphasize short-term liquidity risk management as central to preventing spring 2023-style bank collapses, banks should carefully tune into regulators’ remarks encouraging use of the Fed’s discount window, which some policymakers identify as a key component in the evolution of liquidity regulation and backstop lending, say attorneys at Arnold & Porter.
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2 Emerging Defenses For Website Tracking Class Actions
Putative class actions premised on state wiretapping statutes that bar website activity tracking continue to be on the rise, but they are increasingly being dismissed on two procedural grounds, says Sheri Pan at ZwillGen.