Consumer Protection

  • July 31, 2024

    Include Satellites In Broadband Updates, SpaceX Tells FCC

    SpaceX urged the Federal Communications Commission to include provisions for gateway earth station satellite hubs like its own in proposed regulations to expand broadband access within certain spectrum bands, telling the regulator that doing so would be a "win-win-win" for stakeholders.

  • July 31, 2024

    737 Max Families Say Boeing Deal 'Morally Reprehensible'

    Families of victims of the 737 Max 8 crashes asked a Texas federal court Wednesday to reject Boeing's plea agreement with the U.S. Department of Justice, saying the "rotten deal" lets the American aerospace giant skirt culpability for the deaths of 346 people.

  • July 31, 2024

    GOP Senate Bill To Bar FCC's AI Disclosure Rule Blocked

    A Republican effort in the U.S. Senate aiming to prevent the Federal Communications Commission from requiring broadcasters to disclose the use of artificial intelligence in political ads lost traction at the committee level Wednesday.

  • July 31, 2024

    EPA Floats Ban On Many Uses Of Carcinogen 1-BP

    The U.S. Environmental Protection Agency on Wednesday proposed banning all consumer uses of the carcinogen 1-bromopropane — except in insulation — as well as some industrial and commercial uses.

  • July 31, 2024

    SEC Settles Reg BI Case Against Calif. Broker-Dealer

    The U.S. Securities and Exchange Commission announced Wednesday that it reached a settlement agreement with Western International Securities Inc. to end allegations the broker-dealer sold more than $13 million in high-risk debt securities to those whose risk profiles didn't match the investments, marking the potential end of a first-of-its kind enforcement action claiming violations of Regulation Best Interest.

  • July 31, 2024

    5th Circ. Pause Spells Doom For DOT Airline Fees Rule

    The Fifth Circuit gave the airline industry a temporary reprieve from a new U.S. Department of Transportation rule requiring carriers to more clearly disclose add-on fees upfront, a decision that stands to embolden opponents of the Biden administration's more aggressive consumer-focused policies.

  • July 31, 2024

    Philip Morris Nicotine Pouches Are Deceptive, Lawsuit Claims

    Philip Morris violated advertising and trade practices laws by selling "highly addictive" nicotine products designed and packaged to resemble breath mints and deceptively telegraphed that the tobacco-free pouches were healthier than cigarettes, according to a proposed class action lawsuit in Connecticut federal court.

  • July 31, 2024

    Corteva Unit Ordered To Search 110K Boxes For PFAS Docs

    A former North Carolina Superior Court judge in charge of ironing out a dispute between the state and a Corteva Inc. subsidiary over allegedly missing documents ordered the company to search through 110,000 boxes for information related to "forever-chemicals," finding it failed to give assurance the boxes were thoroughly searched.

  • July 31, 2024

    NYC Fraudster Gets Two Years For Crime Borne Of 'Nastiness'

    A Manhattan federal judge sentenced a New York City woman to two years in prison Wednesday for stealing $290,000 from investors who backed her purported investment club, saying the defendant's criminal conduct, including threats to victims, was uncommonly callous.

  • July 31, 2024

    Pop-Up Malware Scammer Gets 7 Years For Duping Elderly

    A Manhattan federal judge hit an Indian national with a seven-year prison sentence Wednesday after he admitted operating a malware call center that targeted over 6,000 victims with deceptive pop-up warnings and generated more than $6 million in criminal proceeds.

  • July 31, 2024

    4 Mass. Rulings You May Have Missed In July

    Massachusetts state court judges refereed a damages dispute between a real estate titan and a Big Four consultant, ruled in favor of allegedly underpaid healthcare workers and untangled a defamation suit over a labor executive's old social media posts, among other notable rulings during the month of July.

  • July 31, 2024

    DraftKings Closes NFT Platform Over 'Legal Developments'

    DraftKings has announced that it is shuttering its nonfungible token marketplace due to "recent legal developments," with the decision coming weeks after a Massachusetts federal judge permitted a proposed securities class action involving the marketplace to move forward.

  • July 31, 2024

    Fifth Third Seeks Exit From Bounced Check Fee Suit

    Cincinnati-based Fifth Third Bank NA asked a federal judge to toss a proposed class action alleging it charges consumers unlawful fees when they try to deposit a check that bounces, saying the customers agreed to a contract that contains fee clauses for depositing returned items.

  • July 31, 2024

    Chicago Area's Brookfield Zoo Sued Over Data Breach

    The popular Brookfield Zoo has been hit with a putative class action alleging inadequate cybersecurity measures failed to protect against a January data breach the zoo waited six months to make public, putting employees at risk of identity theft without proper notice.

  • July 31, 2024

    TaxAct Customers' Attys Want $5.8M Fee For $23M Deal

    The attorneys for TaxAct Inc. customers who secured a $23 million deal to resolve claims that the company was secretly sharing confidential taxpayer information with Meta and Google asked a federal judge to award them more than $5.8 million in fees for their work.

  • July 31, 2024

    Ex-AUSA Joins Motley Rice Fraud Team From DiCello Levitt

    Plaintiffs' firm Motley Rice LLC said Wednesday that it hired a former New York assistant U.S. attorney to support its efforts to protect whistleblowers who expose misconduct, fraud and deceptive trade practices.

  • July 31, 2024

    DC Attorney General Sues StubHub Over 'Junk Fees'

    D.C. Attorney General Brian Schwalb on Wednesday sued StubHub, accusing the ticket resale and exchange website of duping consumers with low ticket prices before tacking on "junk fees" at the end of an artificially urgent purchasing process.

  • July 31, 2024

    Judge Refuses To Rethink Injury Firm Conflict Of Interest DQ

    A law firm was properly disqualified from a family's design defect lawsuit against Home Depot USA Inc. and makers of a lawn mower, a New Jersey federal judge has ruled, confirming a prior finding that a conflict of interest arose between the father and daughter when the companies countersued the father.

  • July 30, 2024

    Delta Hires Boies Schiller To Recoup Outage-Related Damages

    Delta Air Lines has retained Boies Schiller Flexner LLP to help it pursue potential damages from cybersecurity firm CrowdStrike and Microsoft in the wake of the mid-July global tech outage that left passengers stranded, a person familiar with the matter confirmed to Law360 on Tuesday.

  • July 30, 2024

    Pa. House Majority Leader Fights Robocall Suit At 3rd Circ.

    The Democratic majority leader of the Pennsylvania House of Representatives on Tuesday asked the Third Circuit to undo a ruling that his automated calls informing constituents about government programs violated the Telephone Consumer Protection Act.

  • July 30, 2024

    Judge Asks Dish If Circuits Truly Split On Data Breach Claims

    A Colorado federal judge on Tuesday pressed Dish Network Corp. and a group of current and former Dish employees who are suing the company in a putative class action about a ransomware attack last year to address whether there is a split among federal circuits on what allegations are needed to support claims in data breach cases.

  • July 30, 2024

    Amazon Must Recall Unsafe Third-Party Products, CPSC Says

    Amazon bears legal responsibility for recalling the hundreds of thousands of products sold by third-party sellers on its site that are defective or fail to meet safety standards, the U.S. Consumer Product Safety Commission found in an order issued Monday.

  • July 30, 2024

    FDIC Moves To Revamp Brokered Deposit Regs In Policy Push

    The Federal Deposit Insurance Corp. on Tuesday unveiled a proposal that would subject more bank deposits to heightened regulation as "brokered" funds, outlining new rules that the agency pitched as addressing risks highlighted by failures of firms like First Republic Bank and Voyager, a crypto lender.

  • July 30, 2024

    LastPass Can't Ditch Data Breach Fight, But Its Parent Co. Can

    A Massachusetts federal judge trimmed some claims Tuesday from a sprawling putative class action alleging LastPass failed to prevent a data breach of its backup cloud server, throwing out allegations against LastPass US LLP's parent company, but finding the consumers sufficiently stated claims against LastPass and alleged they have been harmed.

  • July 30, 2024

    FTX Users Say Sullivan & Cromwell Must Face Abetting Claims

    FTX customers told a Florida federal judge on Tuesday that Sullivan & Cromwell LLP can't dismiss customer claims it aided and abetted the defunct cryptocurrency exchange's fraud as "speculative allegations" when the customers' complaint "paints a much more detailed and nefarious picture."

Expert Analysis

  • Drip Pricing Exemption Isn't A Free Pass For Calif. Eateries

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    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.

  • How To Grow Marketing, Biz Dev Teams In A Tight Market

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    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.

  • Opinion

    Data Breach Reporting Requirements Must Change In AI Age

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    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.

  • Series

    Rock Climbing Makes Me A Better Lawyer

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    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.

  • Think Like A Lawyer: Dance The Legal Standard Two-Step

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    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.

  • What To Know As Children's Privacy Law Rapidly Evolves

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    If your business hasn't been paying attention to growing state and federal efforts to protect children online, now is the time to start — there is no sign of this regulation slowing down, and more aggressive enforcement actions are to be expected in the coming year, says Susan Rohol at Wilkie Farr.

  • What Cos. Should Know About New Global Plastics Regs

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    As the global regulatory landscape for plastics and recycling changes rapidly — with new policies coming into effect in California, at the federal level, in the European Union and at the United Nations — businesses that operate across jurisdictions must stay informed to remain compliant, mitigate legal risk and achieve stewardship goals, say attorneys at O'Melveny.

  • Dissecting Treasury's Call For Input On AI In Financial Sector

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    The U.S. Department of the Treasury's request for comments on the potential benefits and challenges AI may pose to the financial services sector, which asks how stakeholders are addressing and mitigating increased fraud risks, reflects the federal government's continued interest in AI's effects across the economy, say attorneys at Hogan Lovells.

  • Opinion

    The FTC Needs To Challenge The Novo-Catalent Deal

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    Novo's acquisition of Catalent threatens to substantially lessen competition in the manufacturing and marketing of GLP-1 diabetes and obesity drugs, and the Federal Trade Commission should challenge it under a vertical theory of harm, as it aligns with last year's merger guidelines and the Fifth Circuit decision in Illumina, says attorney David Balto.

  • Md. Deal Highlights Consumer Finance Program Regulations

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    Maryland regulators’ recent settlement with the Bank of Missouri and its consumer lending partners, Atlanticus and Fortiva, offers a reminder that it is important to properly structure such partnerships and conduct sufficient due diligence on state licensing requirements, says Tom Witherspoon at Stinson.

  • Series

    Being A Luthier Makes Me A Better Lawyer

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    When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.

  • Lead Like 'Ted Lasso' By Embracing Cognitive Diversity

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    The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.

  • 3 Areas Of Enforcement Risk Facing The EV Industry

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    Companies in the EV manufacturing ecosystem are experiencing a boom in business, but with this boom comes increased regulatory and enforcement risks, from the corruption issues that have historically pervaded the extractive sector to newer risks posed by artificial intelligence, say attorneys at MoFo.

  • Nat'l Security Considerations For Telecom Products Counsel

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    An increase in federal national security measures in the telecommunications space, particularly from the Federal Communications Commission, means that products counsel need to broaden their considerations as they advise on new products and services, says Laura Stefani at Venable.

  • Chevron's End Puts Target On CFPB's Aggressive BNPL Rule

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    A recent interpretative rule by the Consumer Financial Protection Bureau, subjecting buy-now, pay-later loans to the same regulations as credit cards, is unlikely to survive post-Chevron challenges of the rule's partisan and shaky logic, say Scott Pearson and Bryan Schneider at Manatt.

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