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Consumer Protection
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September 06, 2024
YouTuber Says Logan Paul Filed Defamation Claims Too Soon
YouTuber Coffeezilla has told a Texas federal judge that social media entertainer Logan Paul's defamation suit shouldn't move forward since Paul never asked the video creator to correct or rework the investigative series that Paul claims defamed him as a scammer.
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September 06, 2024
NC Judge Orders MV Realty's CEO To Produce Emails
A North Carolina Business Court judge on Friday ordered MV Realty to produce its CEO's emails as part of Attorney General Josh Stein's lawsuit accusing the company of locking homeowners in fraudulent deals to extract illegal fees.
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September 06, 2024
Boeing Loses Bid To Toss Investor Suit Over Blowout
A Virginia federal judge gave the green light to Boeing investors to continue their securities fraud proposed class suit against the company over one of its planes' midair door blowout in January, rejecting the aerospace giant's motion to dismiss and telling Boeing it had a "real problem" on its hands.
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September 05, 2024
TikToker Conned Followers With Real Estate Fraud, Feds Say
A social media influencer faces criminal charges and a suit from the U.S. Securities and Exchange Commission after he allegedly made false claims to investors that money put into purported real estate projects would earn them passive income.
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September 05, 2024
Lawmakers, AGs Urge Justices To OK Denial Of E-Cig Apps
A coalition of state attorneys general and a group of Democratic Congress members are backing the U.S. Food and Drug Administration in its fight to persuade the U.S. Supreme Court to overturn a decision striking down the denials of applications to market flavored vapes.
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September 05, 2024
CFTC Says Ex-Commish's Signature Was Forged For $1.5M Scam
The Commodity Futures Trading Commission has sued the operator of an unlicensed commodity pool for allegedly targeting dozens of Spanish-speaking immigrants in a $1.5 million Ponzi-like scheme that used a fictitious license containing a counterfeit CFTC seal and a forged commissioner signature to falsely promise investors guaranteed monthly returns.
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September 05, 2024
Law Firms Appeal Atty Fee Denial In Opioid Settlements
Two law firms, Goldstein & Russell PC and Kelley & Ferraro LLP, have claimed in an appeal to the Sixth Circuit that they were improperly shut out of the $2.13 billion attorney fee pool created by recent national opioid settlements with major pharmaceutical companies and pharmacy chains.
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September 05, 2024
Conn. Dentist Admits To Reaping $2.2M Through Kickbacks
A Connecticut dentist has pled guilty to paying $360,000 in kickbacks to recruiters who corralled Medicaid patients into her practice, pocketing $2.2 million in government payments in the process, the U.S. Attorney's Office for the District of Connecticut announced Thursday.
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September 05, 2024
Judge Orders Jury Trial Over Arbitration Bid In TCPA Fight
An Ohio federal judge declined to rule on whether a proposed Telephone Consumer Protection Act class action against a Maryland-based healthcare company should go to arbitration, ordering that a jury should decide whether the plaintiff had an applicable arbitration agreement.
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September 05, 2024
NM AG Sues Snapchat Over Child 'Sextortion' And Abuse
New Mexico's attorney general on Thursday announced he has sued Snap Inc., alleging the social media company's policies and algorithm promote child sexual exploitation and the spread of child sexual abuse material.
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September 05, 2024
Clubman Talc Settles Prominent Developer's Asbestos Claims
The company behind Pinaud Clubman talcum powder products has settled claims that its merchandise contained asbestos and caused cancer in a real estate developer described by attorneys for co-defendant Johnson & Johnson as the "Donald Trump of Springfield, Massachusetts."
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September 05, 2024
FTC Staff Opposes Indiana Hospital Merger
Federal Trade Commission staff on Thursday urged Indiana's health department to reject Union Health's planned purchase of Terre Haute Regional Hospital LP from HCA Healthcare Inc.
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September 05, 2024
Advisory Opinion Backs Italian Case Against Android Auto
Italian antitrust authorities got a boost Thursday defending a more than €100 million fine ($113.3 million at current exchange rates) against Google and an order requiring the company to further open up its Android Auto app that integrates with car infotainment systems, thanks to an advisory opinion submitted to Europe's highest court.
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September 05, 2024
Lumen Sued Over $1.4B Pension Swap With 'Risky' Provider
Two retired employees of Lumen Technologies are suing the internet service provider and an investment adviser over the transfer of $1.4 billion in pension obligations to a "highly risky private equity-controlled" insurance company, arguing in a Colorado class action that the move puts their retirement benefits at risk despite safer options available.
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September 05, 2024
Asbestos Claimants Want A Say In 4th Circ. 'Two-Step' Appeal
Asbestos cancer survivors and the estates of victims with pending claims against Aldrich Pump LLC, DBMP LLC and Murray Boiler LLC have asked the Fourth Circuit's permission to file an amicus brief in an appeal centered on the separate Chapter 11 case of Georgia-Pacific unit Bestwall, saying they had been prevented from pursuing relief while Aldrich, DBMP and Murray pursue bankruptcy.
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September 05, 2024
Mayors Say No To FCC Bulk Billing Proposal
Dozens of mayors from across the country have teamed up to tell the Federal Communications Commission that they are against its plans to enact stricter regulations against bulk billing arrangements, saying the agency's "intervention would be detrimental."
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September 05, 2024
FCC Says Telecom Needn't Cover Already Funded Tribes
A pair of tribes in Oklahoma and Arizona already have plans to use federal funding to get broadband to their people, so the FCC has agreed to remove the tribal lands from the area one telecom was required by its federal grant commitments to provide service to.
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September 05, 2024
Split 3rd Circ. Won't Rule Out Pa. As Wiretapping Suit Forum
The Third Circuit ruled in a precedential opinion Thursday that a lower court must reconsider if Pennsylvania consumers can sue for privacy violations caused by session replay software, reviving a portion of consolidated wiretapping class claims over activity tracking on websites for companies including Papa John's and Mattress Firm.
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September 05, 2024
Google Wants To Know Now What Search Fixes DOJ Will Seek
The U.S. Department of Justice and Google are offering a D.C. federal judge opposing views about how the remedy phase should go in the search monopolization case, with Google pressing to know as soon as possible what enforcers will be asking for.
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September 05, 2024
Dodge Ram Drivers Urge 6th Circ. To Revive Emissions Claims
Dodge Ram drivers pressed the Sixth Circuit to revive their proposed class action alleging Fiat Chrysler and engine manufacturer Cummins deceptively marketed their trucks as being more environmentally friendly than they actually were, saying a Michigan federal judge incorrectly found that their claims conflicted with federal law.
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September 05, 2024
Industry Presses House To Clear Broadband Permit Hurdles
Nearly a dozen industry groups on Thursday called for U.S. House leaders to finally pass a bill that would help clear various permitting hurdles for broadband network projects.
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September 05, 2024
Texas Bank Ordered To Boost AML Compliance For Crypto Biz
The Federal Reserve has told a Texas institution to shore up "significant deficiencies" in its risk management and anti-money laundering procedures as they relate to crypto customers, among other concerns.
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September 05, 2024
OpenAI Slams YouTuber's AI Training Class Action
OpenAI told a California federal judge that a proposed class action accusing it of unjustly enriching itself by training its large language model programs with transcripts of YouTube videos is just a "carbon copy" of similar claims already thrown out by the courts, arguing the complaint should be dismissed.
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September 05, 2024
Biden Admin Issues Plans To Address PFAS Use, Exposure
The Biden administration has said it will continue to look for new technologies to remove so-called forever chemicals from the environment and find safe alternatives for the substances, which are used in a vast number of consumer and commercial products.
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September 05, 2024
Target Says TikTok Claims Are No Match For Actual Facts
Target told a federal court Wednesday that allegations it secretly employed facial recognition technology to collect shoppers' biometric data without their consent have no basis in fact.
Expert Analysis
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5 Tips To Succeed In A Master Of Laws Program And Beyond
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.
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The Bank Preemption Ripple Effects After Cantero, Flagstar
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.
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IP Hot Topic: The Intersection Of Trademark And Antitrust Law
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.
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When Trauma Colors Testimony: How To Help Witnesses
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.
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Series
Being An Opera Singer Made Me A Better Lawyer
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.
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What Cos. Need to Know About Battery Labeling Law
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.
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How Law Firms Can Avoid 'Collaboration Drag'
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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Banking Compliance Takeaways From Joint Agency Statement
Federal bank regulatory agencies’ recent joint statement warning of risks associated with third-party fintech deposit services spotlights a fundamental problem that may arise with bank deposit products that are made through increasingly complex customer relationships, says Tom Witherspoon at Stinson.
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When The Supreme Court Gives You Lemons, Make Lemonade
Instead of grousing about the U.S. Supreme Court’s recent decisions overturning long-standing precedents, attorneys should look to history for examples of how enterprising legal minds molded difficult decisions to their advantage, and figure out how to work with the cards they’ve been dealt, says Reuben Guttman at Guttman Buschner.
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What BIPA Reform Law Means For Biometrics Litigation
A recently signed Illinois law amending the Biometric Information Privacy Act limits defendants' liability exposure on a per-scan basis and clarifies that electronic signatures constitute a valid written release, establishing additional issues that courts will need to address in future BIPA litigation, say attorneys at Faegre Drinker.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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Regulators Are Revamping Use Of Bank Service Company Act
Excerpt from Practical Guidance
Though the Bank Service Company Act was written six decades ago, banks and service providers should be alert to the evolving ways financial regulators are using the law as a tool for scrutinizing bank-fintech partnerships and third-party service providers that could put consumers at risk, say James Bergin and Paul Lim at Arnold & Porter.
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Series
After Chevron: What To Expect In Consumer Protection At FTC
Although the Federal Trade Commission's bread-and-butter consumer protection law enforcement actions are unlikely to be affected, the Loper Bright decision may curb the FTC's bolder interpretations of the statutes it enforces, says Mary Engle at BBB National Programs.
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Managing Credit Card Rewards Programs Amid Scrutiny
Renewed New York and federal interest in consumer protection issues associated with credit card rewards programs presages future regulatory enforcement and attention from plaintiffs attorneys, so issuers should focus on certain categories of consumer complaints and some compliance ambiguities, say Rich Zukowsky and Ella Beres at Davis Wright.
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RealPage Suit Shows Growing Algorithm, AI Pricing Scrutiny
The U.S. Department of Justice's suit against RealPage for helping fix rental rates, filed last week, demonstrates how the use of algorithmic and artificial intelligence tools to assist with pricing decisions is drawing increasing scrutiny and action across government agencies, and specifically at the Federal Trade Commission and the DOJ, say Andre Geverola and Leah Harrell at Arnold & Porter.