Consumer Protection

  • October 07, 2024

    FTC's Amazon Monopolization Suit Largely Survives Dismissal

    The bulk of the Federal Trade Commission's landmark monopolization case against Amazon will go forward, a Washington federal judge held in a recently unsealed opinion that trimmed only a few state-law claims from the 20-count antitrust complaint challenging the retail giant's pricing practices.

  • October 07, 2024

    Mednax Gets Final OK For $6M Data Breach Settlement

    A Florida federal judge on Friday gave the green light to Mednax's $6 million settlement putting to rest a proposed class action accusing the medical provider of failing to adequately protect patients' personal information from a 2020 phishing attack, calling the deal "fair, reasonable and adequate."

  • October 07, 2024

    Car Sharing App Getaround Faces BIPA Suit Over Facial Scans

    Car sharing platform Getaround Inc. is facing a proposed class action in Illinois federal court accusing the company of illegally gathering, storing and disseminating its users' facial geometry scans obtained through a mandatory verification process, in violation of the state's Biometric Information Privacy Act.

  • October 07, 2024

    FCC Needs To 'Harmonize' Cybersecurity, Mobile Group Says

    A key wireless industry group has urged the Federal Communications Commission to ensure the network cybersecurity plans required by the agency's recent 5G Fund order are applied evenly across all its deployment funding programs.

  • October 07, 2024

    Boehringer Defends Zantac As Cancer Jury Trial Kicks Off

    Boehringer Ingelheim Pharmaceuticals defended the company's heartburn medication Zantac during the defense's opening statements in a product liability trial Monday, telling California jurors that trial evidence will show the plaintiff never used Boehringer's over-the-counter Zantac products, and that other risk factors put him at risk of developing bladder cancer.

  • October 07, 2024

    Judge Presses AmEx On Arbitration Push For Merchants

    A Rhode Island judge on Monday expressed skepticism about American Express' claim that it could force a proposed antitrust class action targeting the company's swipe fee rules back into arbitration after the plaintiffs say it already defaulted on arbitration fees.

  • October 07, 2024

    Justices Set To Review Feds' Suit Over 'Ghost Gun' Exception

    The U.S. Supreme Court is scheduled to hear oral arguments Tuesday over whether "ghost gun" assembly kits and their accessories, which are unserialized and untraceable, can be considered firearms and therefore subject to licensing requirements under the Gun Control Act of 1968.

  • October 07, 2024

    Attys Want $20M Fees For Netting $64M Tuna Price-Fixing Deal

    Attorneys representing a class of purchasers who sued several canned tuna producers have asked a California federal judge for nearly $20 million in fees and costs associated with their recently inked $64 million settlement, saying the award is fair considering the effort the case took to prosecute and the complexity of the deal.

  • October 07, 2024

    Valero, Port Cos. To Pay $2.4M To End Bay Area Pollution Suit

    Valero and three port companies will pay nearly $2.4 million to resolve a nonprofit's lawsuit accusing the defendants of illegally dumping petroleum coke into the water without proper permits, in violation of the Clean Water Act, according to a consent decree signed by a California federal judge on Monday.

  • October 07, 2024

    McDonald's Accuses Big Beef Of Price-Fixing

    McDonald's Corp. sued Cargill, JBS, National Beef Packing Co., Swift Beef Co., Tyson and several subsidiaries in New York federal court Friday, accusing the major meat processing and packing companies of conspiring to fix beef prices, resulting in higher costs for the fast food behemoth.

  • October 07, 2024

    Merck Immune For 'Inflated' Vax Claims To FDA, 3rd Circ. Says

    A divided Third Circuit panel inoculated Merck from claims that it tried to prevent competition by making inflated declarations to federal regulators about its mumps vaccine, with the majority ruling Monday that because Merck convinced federal regulators it had extended the vaccine's long-term potency, those assertions can't have been an anticompetitive "sham."

  • October 07, 2024

    Ex-Las Vegas Politician Convicted For Statue Funding Fraud

    A federal jury in Las Vegas has found a former city council member and ex-state assemblyperson guilty on seven counts of defrauding donors out of $70,000 through fake plans to honor two police officers who were killed on duty.

  • October 07, 2024

    Pa. Supreme Court Snapshot: Mask Taxes, Pride Month Post

    The Pennsylvania Supreme Court during its October argument session will weigh whether retailers improperly collecting sales tax on face masks, which were exempted due to the COVID-19 pandemic, amounts to "commerce" that could trigger the state's consumer protection law. ​

  • October 07, 2024

    Mich. Supreme Court Snapshot: Insulin Prices, Disney Audit

    The Michigan Supreme Court's first oral argument session of the 2024-25 term promises to be a busy one, involving an investigation into Eli Lilly's insulin prices with big implications for the scope of Michigan's consumer protection law and Disney's appeal of an order to turn over decades-old uncashed checks to the state treasurer.

  • October 07, 2024

    Media Group Wants FCC Republicans To Release Political Info

    A media advocacy group is seeking a trove of information from the Federal Communications Commission's two Republicans regarding the group's challenge to Fox TV's Philadelphia license renewal after the airing of election falsehoods in 2020.

  • October 07, 2024

    Illinois Defends Swipe Fee Law As Banks Seek To Block It

    The Illinois attorney general has urged a federal judge to reject a preliminary injunction sought by banking trade groups that have sued to block a first-of-its-kind state law restricting swipe fees, arguing the industry groups' challenge fails on sovereign immunity and standing grounds.

  • October 07, 2024

    3M Facing PFAS Headwinds In Vermont, NJ And Ohio Cases

    3M Co., which is facing forever chemical lawsuits across the country, is dealing with pushback from Vermont, which is fighting 3M's effort to take its state court case into federal court, and from plaintiffs in Ohio and New Jersey, who have kept their litigation out of a sprawling multidistrict litigation.

  • October 07, 2024

    CFPB Suit Can Proceed Against Events Co., Texas Judge Says

    A Texas federal judge on Monday declined to toss a suit against an online event registration company accused by the Consumer Financial Protection Bureau of duping people into signing up for a costly discount club when they registered for charity races and other events.

  • October 07, 2024

    5 Decisions To Know By Outgoing Mass. Chief Judge

    Chief Massachusetts U.S. District Judge F. Dennis Saylor IV, who announced Monday that he will step back from full-time judicial service next summer, has presided over numerous significant cases in recent years, including a dispute over the U.S. Securities and Exchange Commission's disgorgement powers and a birth defects suit against GlaxoSmithKline.

  • October 07, 2024

    Panera Settles 'Charged Lemonade' Death Case Days Before Trial

    Panera Bread has reached a confidential settlement in a wrongful death suit lodged by the parents of a University of Pennsylvania student who died after drinking the bakery café chain's now-discontinued Charged Lemonade, counsel for the parents told Law360 on Monday.

  • October 07, 2024

    Coinbase Says Ripple Appeal Supports Its Own 2nd Circ. Bid

    Cryptocurrency exchange Coinbase told a New York federal judge that the Second Circuit would be best served by reviewing the firm's bid to toss the U.S. Securities and Exchange Commission's enforcement suit against it now that the SEC has appealed a judgment with similar legal questions in its case against Ripple Labs.

  • October 07, 2024

    Nationstar Mortgage Fails To Dodge Proposed Fee Suit Action

    A Washington federal judge refused Monday to let Nationstar Mortgage LLC escape a putative class action accusing the mortgage loan servicer of illegally charging fees for loan payoff statements.

  • October 07, 2024

    Contractor Passed 20K Accounts To Rivals, Security Co. Says

    A Connecticut home security monitoring company has accused a sales contractor of purchasing a list of 20,000 of its accounts from a service technician and trying to lure a colleague into helping him sell the secret data to competitors, causing an alleged "substantial loss of customers."

  • October 07, 2024

    SpaceX, T-Mobile Can Offer Service In Helene-Ravaged Areas

    SpaceX and T-Mobile gained special temporary authority from the Federal Communications Commission to launch their plan for cellular coverage from space in the areas affected by Hurricane Helene.

  • October 07, 2024

    Target's '100% Pure' Avocado Oil Not So Pure, Suit Says

    Target customers hit the retailer with a putative class action in California federal court alleging its line of Good & Gather avocado oil is not 100% pure as the label suggests, and instead may contain additives like other lesser quality oils.

Expert Analysis

  • Unpacking Jurisdiction Issues In 3rd Circ. Arbitration Ruling

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    The Third Circuit's recent ruling in George v. Rushmore Service Center could be interpreted to establish three principles regarding district courts' jurisdiction to enter arbitration-related orders under the Federal Arbitration Act, two of which may lead to confusion, says David Cinotti at Pashman Stein.

  • Why Attorneys Should Consider Community Leadership Roles

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    Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

  • 'Pig Butchering': The Scam That Exploits Crypto Confusion

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    Certain red flags can tip off banks to possible "pig-butchering," and with the scam's increasing popularity, financial institutions need to take action to monitor entry points into the crypto space, detect suspicious activity and provide a necessary backstop to protect customers, say Brandon Essig and Mary Parrish McCracken at Lightfoot Franklin.

  • Opinion

    Agencies Should Reward Corporate Cyber Victim Cooperation

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    The increased regulatory scrutiny on corporate victims of cyberattacks — exemplified by the U.S. Securities and Exchange Commission's case against SolarWinds — should be replaced with a new model that provides adequate incentives for companies to come forward proactively and collaborate with law enforcement, say attorneys at McDermott.

  • How Transaction Lookbacks Can Guide Fintech Companies

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    As transaction lookbacks continue to be a key focus of enforcement actions, newer financial institutions like fintech companies should know they can benefit from proactively investigating their potential failure to identify suspicious activity, creating a compliance road map and building trust with regulators in the process, say attorneys at Jenner & Block.

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

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    After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

  • Opinion

    CFPB's AI Stance Backslides On Innovation Issues

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    The Consumer Financial Protection Bureau's recent response to a Treasury Department's request for information about artificial intelligence in the financial services sector uses alarmist rhetoric about the technology's risks, ceding an opportunity to help shape this important discussion, says Mike Silver at Husch Blackwell.

  • How Ripple Final Judgment Fits In Broader Crypto Landscape

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    The Southern District of New York's recent $125 million civil penalty levied in U.S. Securities and Exchange Commission v. Ripple will have a broad impact on the crypto industry as it was the first to hold that blind sales of digital assets are not securities, even if deemed securities in other circumstances, say attorneys at BakerHostetler.

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • The Bank Preemption Ripple Effects After Cantero, Flagstar

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    The importance of federal preemption for financial institutions will only increase as technology-driven innovations evolve, which is why the U.S. Supreme Court's recent decision in Cantero v. Bank of America and vacatur of Kivett v. Flagstar Bank have real modern-day significance for national banks, say attorneys at WilmerHale.

  • IP Hot Topic: The Intersection Of Trademark And Antitrust Law

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    Antitrust claims – like those in the U.S. Department of Justice’s recent case against Apple – are increasingly influencing trademark disputes and enforcement practices, demonstrating how antitrust law can dilute the power of a trademark, say attorneys at Dentons.

  • When Trauma Colors Testimony: How To Help Witnesses

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    As stress-related mental health issues continue to rise, trial attorneys must become familiar with a few key trauma-informed strategies to help witnesses get back on track — leaning in to the counselor aspect of their vocations, say Ava Hernández and Steve Wood at Courtroom Sciences.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • What Cos. Need to Know About Battery Labeling Law

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    With new labeling requirements for button cell battery packaging taking effect in September, manufacturers and importers must review compliance, testing procedures, and necessary paperwork as the consequences of noncompliance can lead to costly penalties and supply chain woes, says Aasheesh Shravah at CM Law.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

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