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Consumer Protection
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September 04, 2024
SEC Says $5M Fraud Scheme Targeted Venezuelan-Americans
A pair of Miami area residents and a company they control have agreed to pay the U.S. Securities and Exchange Commission over $3.25 million to settle affinity fraud allegations involving a purported proprietary automated trading platform they were developing.
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September 04, 2024
FCC Sued In 5th Circ. Over Wi-Fi Plan For Schools, Libraries
A couple who run an anti-cyberbullying nonprofit are suing the Federal Communications Commission in the Fifth Circuit over its new rules to subsidize Wi-Fi service for school and library users off campus, saying the subsidy violates limits built into the law that created the E-Rate program.
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September 04, 2024
Amazon Disclosures Doom Prime Viewers' Deception Claims
A Washington federal judge on Tuesday threw out Amazon Prime subscribers' claims that the company illegally disclosed their personal viewing habits, axing some of their state law consumer protection allegations for good while providing an avenue for them to amend their federal claims.
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September 04, 2024
Market Realities On, Merger Reviews Off Table In Ad Tech Trial
A Virginia federal judge put slight limits Wednesday on the evidence the U.S. Justice Department and Google LLC can present in next week's advertising technology monopolization suit, allowing Google to push its own views of the market but limiting its ability to bring up past merger reviews.
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September 04, 2024
Whittaker Seeks $535M Deal In Talc Cases Tied To Berkshire
Bankrupt talc supplier Whittaker Clark & Daniels Inc. asked a New Jersey bankruptcy court to approve a $535 million settlement that will resolve claims against companies including Berkshire Hathaway Inc., chemical distributor Brenntag and DB US Holding Corp.
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September 04, 2024
9th Circ. Blocks Calif.'s Social Media Content Disclosure Law
The Ninth Circuit ruled Wednesday that a trial judge wrongly denied X Corp.'s bid to block parts of a new California law that requires social media giants to disclose their content-moderation policies, finding that provisions requiring the companies to disclose how and whether they define extreme content are likely unconstitutional.
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September 04, 2024
NC Biz Court Bulletin: Blackbeard IP Fight, Firm Data Breach
As summer winds down, the North Carolina Business Court tackled usage rights pertaining to footage and artifacts from Blackbeard's shipwreck while grappling with uncovering the details of a cyberattack that exposed the data of Cadwalader Wickersham & Taft LLP. In case you missed those and others, here are the highlights.
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September 04, 2024
Ex-Lender Says FDIC Can't 'Trap' Him In Dispute Without Trial
A former small-business financier has doubled down on his push to immediately halt an enforcement proceeding against him filed by the Federal Deposit Insurance Corp., arguing it would be unjust to block his claims after a "sea change" in relevant case law.
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September 04, 2024
Solana Labs Denied Arbitration In Token Crypto Fraud Suit
A California federal judge has denied a motion to compel arbitration in a suit alleging Solana Labs Inc. and its key investors promoted and sold Solana cryptocurrency tokens as unregistered securities, saying that Solana failed to prove that the lead plaintiff agreed to the terms of service that included an arbitration clause, among other things.
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September 04, 2024
PVC Pipe Makers Accused Of Price-Fixing
A Tennessee farmer has hit the country's biggest PVC pipe manufacturers with a proposed price-fixing class action, claiming that since at least 2021 they've been colluding through a reporting agency to raise prices for consumers.
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September 04, 2024
2nd Firearms Co. Settles Conn. AG's 'Ghost Gun' Suit
A North Carolina-based firearms company would have to refrain from selling "ghost gun" components in Connecticut and pay a civil penalty under a deal announced Wednesday that would resolve an unfair trade practices lawsuit brought by the Constitution State's attorney general.
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September 03, 2024
Dave's Killer Bread Judge Rips Attys For 'Flooding' Docket
A California federal judge admonished attorneys for both parties in a proposed class action alleging Dave's Killer "Good Seed" bread deceptively advertises the loafs as containing 5 grams of protein, slamming counsel for "flooding" the docket with "entirely unnecessary" motions and warning she'll sanction them if their conduct continues.
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September 03, 2024
8th Circ. Again Scraps Class Cert. For TD Ameritrade Clients
The Eighth Circuit reversed Tuesday a lower court's ruling certifying a class of TD Ameritrade clients for the second time in a lawsuit alleging the stockbroker routed orders to trading venues that didn't always provide the best execution, rejecting the named plaintiff's new class-wide damages theory based on commissions.
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September 03, 2024
Louisiana Frees Aurobindo, Sandoz From Price-Fixing Suits
The state of Louisiana has dropped its remaining claims in three Connecticut-based lawsuits by a collection of state attorneys general against more than three dozen pharmaceutical companies alleging a generic drug price-fixing scheme, truncating assertions that accuse myriad drugmakers of Sherman Act violations.
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September 03, 2024
7th Circ. Upholds Arbitration In Menards Hidden Fees Suit
The Seventh Circuit on Tuesday upheld a decision to compel arbitration in a proposed class action claiming that home improvement retailer Menards used a hidden pickup service fee to manipulate its prices, saying the company provided "reasonably conspicuous" notice of its terms on the page where the lead plaintiff completed her online order.
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September 03, 2024
Logan Paul Blasts CryptoZoo Investors' 'Scattershot' Pleading
YouTube personality Logan Paul said Tuesday that renewed fraud accusations from buyers of his failed crypto project amount to a "shotgun pleading" that lumps him in with his former business partners.
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September 03, 2024
SEC Fines Adviser That Lost Clients' Crypto In FTX Collapse
An investment adviser that lost client funds in the collapse of FTX found itself on the receiving end of a U.S. Securities and Exchange Commission enforcement action on Tuesday, with Galois Capital Management LLC settling allegations that it failed to find a proper custodian for those crypto assets.
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September 03, 2024
FCC Moves Ahead On Indie Video Competition, Congress Told
The Federal Communications Commission could soon advance new rules that would make it easier for independent video programmers to gain a foothold in the market, the FCC's chief has told a key Democratic senator on communications policy.
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September 03, 2024
Utah Tribe Seeks Quick Win In Farm Water Diversion Fight
The Ute Indian Tribe is seeking a quick win in its challenge to a Utah farm that it claims diverted protected water to use for its cattle, arguing that in addition to a lack of jurisdiction, it's undisputed that the defendant willingly interfered with the tribe's property.
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September 03, 2024
Pedestrian Hit By Off-Duty Uber Driver Can't Sue Over Injuries
A California appellate panel held Uber can't be sued for the negligence of a driver who hit a pedestrian just minutes after he switched his status to "offline," saying it was speculative to assume the driver was still on duty due to his alleged manipulation of higher "surge" fares.
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September 03, 2024
Colo. Justices To Parse Public Interest Under Anti-SLAPP Law
Colorado's high court will consider whether the state's anti-SLAPP law requires a person to actually contribute to public discourse in order for their speech to be covered by the statute, and whether their motive matters, in a case concerning negative online posts about a veterinary clinic.
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September 03, 2024
No BIPA Exception For OTC Glasses, Ill. Judges Say
An Illinois appellate court has held that someone trying on nonprescription sunglasses with an online try-on tool isn't considered a patient in a healthcare setting, dooming a glasses retailer's attempt to end the biometric privacy lawsuit it faces.
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September 03, 2024
Bill-Pay Co. Says Judge Already Scrapped Wash. CPA Claims
An online bill-pay platform has urged a Washington federal judge to throw out a consumer's proposed class action accusing the company of disguising itself as an official processor for legitimate service providers, pointing to disclosures on its website that the district court has already highlighted when dismissing comparable claims.
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September 03, 2024
FCC Urged To Trim Rule Proposal For Blocking Spam Texts
Wireless carriers want the Federal Communications Commission to scale back a proposed rule for blocking spam texts to ensure legitimate messages can still go through despite tighter standards.
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September 03, 2024
FCC Bans Kaspersky Software In Authorized Equipment
The Federal Communications Commission is banning the use of certain Russian-made cybersecurity and antivirus software from Kaspersky Labs in agency-authorized telecommunications equipment, months after the U.S. Department of Commerce said the software could pose national security risks.
Expert Analysis
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How To Deploy AI In A Dangerous Threat Landscape
Businesses are feeling immense pressure to deploy generative artificial intelligence tools to accelerate profits and demonstrate their technological superiority to investors and consumers, and there are a few steps they can take when using AI tools to mitigate liability risks, say B. Stephanie Siegmann and Julianna Malogolowkin at Hinckley Allen.
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Addressing The Growing Hazards Of Mass Arbitration
Though retail companies typically include arbitration provisions in their terms of service, the recent trend of costly mass arbitrations filed by plaintiffs may cause businesses to rethink this conventional wisdom, say attorneys at BCLP.
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CFPB's Medical Debt Proposal May Have Side Effects
The Consumer Financial Protection Bureau’s recent proposal to prevent medical debt information from appearing on consumer reports and creditors from basing lending decisions on such information may have initial benefits for some consumers, but there are potential negative consequences that should also be considered, say attorneys at Cooley.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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Decoding CFPB Priorities Amid Ramp-Up In Nonbank Actions
Based on recent Consumer Financial Protection Bureau enforcement actions and press releases about its supervisory activities, the agency appears poised to continue increasing its scrutiny over nonbank entities — particularly with respect to emerging financial products and services — into next year, say attorneys at Wiley.
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How 3rd Circ. Raised Bar For Constitutional Case Injunctions
The Third Circuit's decision in Delaware State Sportsmen's Association v. Delaware Department of Safety & Homeland Security, rejecting the relaxed preliminary injunction standards many courts have used when plaintiffs allege constitutional harms, could portend a shift in such cases in at least four ways, say attorneys at Gibson Dunn.
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7th Circ. Ruling Expands CFPB Power In Post-Chevron Era
The Seventh Circuit’s recent ruling in Consumer Financial Protection Bureau v. Townstone Financial interprets the Equal Credit Opportunity Act broadly, paving the way for increased CFPB enforcement and hinting at how federal courts may approach statutory interpretation in the post-Chevron world, say attorneys at Saul Ewing.
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Opinion
Expert Witness Standards Must Consider Peer Review Crisis
For nearly two decades, the so-called replication crisis has upended how the scientific community views the reliability of peer-reviewed studies, and it’s time for courts to reevaluate whether peer review is a trustworthy proxy for expert witness reliability, say Jeffrey Gross and Robert LaCroix at Reid Collins.
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What's In NYDFS Guidance On Use Of AI In Insurance
Matthew Gaul and Shlomo Potesky at Willkie summarize the New York Department of Financial Services' recently adopted circular letter on the use of artificial intelligence in insurance underwriting and pricing, and highlight the material changes made to it in response to comments on the draft circular letter.
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Drip Pricing Exemption Isn't A Free Pass For Calif. Eateries
A new exemption relieves California bars and restaurants from the recently effective law banning prices that don't reflect mandatory fees and charges — but such establishments aren't entirely off the hook for drip pricing, due to uncertainty over disclosure requirements and pending federal junk fee regulations, say Alexandria Ruiz and Amy Lally at Sidley.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Opinion
Data Breach Reporting Requirements Must Change In AI Age
Outdated data breach reporting laws are inadequate to protect consumers in the age of artificial intelligence, as AI’s ability to determine relationships coupled with its improvements to deepfake technology mean that the very definitions used in breach reporting laws are no longer sufficient, says Collin Walke at Hall Estill.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.