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Consumer Protection
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August 26, 2024
Restaurants Seek Grubhub's Revenue, Staff Info For TM Suit
Restaurants pursuing a proposed class action against Grubhub Inc. for alleged trademark infringement have urged an Illinois federal court to order the food-delivery platform to comply with discovery requests, including information about orders and revenue from establishments that never agreed to partner with Grubhub.
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August 26, 2024
Ex-FCC Republican Urges 6th Circ. To Tank Net Neutrality
A former Republican on the Federal Communications Commission who helped overturn net neutrality rules when the agency leadership was in GOP hands has pressed the Sixth Circuit to snuff out the Democratic FCC's effort to revive the policy.
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August 26, 2024
NTIA To Work Closely With Private Sector On Spectrum
The U.S. Department of Commerce's spectrum management branch has announced plans to meet with private sector interests every two months to develop national policies on use of the airwaves.
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August 26, 2024
Connecticut And NY AGs Reach Terms For Hospital Merger
Two major hospital systems in New York and Connecticut have reached an agreement with their states' attorneys general to resolve an antitrust investigation spurred by the planned merger of Northwell Health and Nuvance Health, bringing the deal first announced in February closer to fruition.
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August 26, 2024
GOP Sens. Applaud Removal Of Undersea Cable Hurdles
Two Republican senators are celebrating the National Oceanic and Atmospheric Administration's decision to press pause on requiring special permits for undersea cables to run through marine sanctuaries as a "major victory" after railing against red tape earlier this year.
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August 26, 2024
CLE Co. Accused Of Sharing Subscriber Data With Facebook
A proposed class of legal professionals has hit Lawline with a putative class action in New York federal court, accusing the continuing legal education company of violating the Video Privacy Protection Act by sharing subscribers' information, including services and video viewing history, with third parties such as Facebook for targeted advertising purposes.
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August 26, 2024
DC Judge Says Missouri AG Can't Investigate Media Matters
A D.C. federal judge has again blocked a Republican attorney general from demanding a slew of records from liberal media watchdog Media Matters, this time halting a probe from Missouri Attorney General Andrew Bailey.
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August 26, 2024
FTC Mulls Proposal To Alter Puerto Rican Pharmacy Deal
The Federal Trade Commission is considering a plan to allow Puerto Rico's largest independent pharmacy cooperative to resume collective negotiations with payors, reexamining a 2012 settlement agreement that the cooperative says is now unnecessary because of changes in the commonwealth's law and pharmacy market.
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August 26, 2024
JPMorgan Cash Sweep 'Shortchanged' Customers, Suit Says
JPMorgan Chase has been hit with a proposed class action in New York federal court alleging its securities branch "shortchanged" customers by automatically "sweeping" their uninvested cash balances into deposit accounts at its affiliate, Chase Bank.
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August 23, 2024
FDIC Says Ex-Lender Can't Have 3rd Bite At In-House Apple
The Federal Deposit Insurance Corp. on Friday urged a Washington, D.C., federal judge to reject a former small-business financier's bid to immediately halt an agency enforcement proceeding against him, saying a key recent U.S. Supreme Court decision doesn't apply to his case.
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August 23, 2024
NY Can't Sue Groups Over Abortion 'Reversal' Ads, For Now
A New York federal judge temporarily blocked the state's attorney general from taking enforcement action against certain pregnancy counseling centers for promoting a method of "reversing" medication abortions that medical associations say is not backed by science, saying the groups' conduct is likely protected by the First Amendment.
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August 23, 2024
Abbott Judge Suggests $54M Judgment In Test Strip TM Case
A New York federal magistrate judge has recommended that default judgments totaling more than $54 million be entered against 85 companies and individuals who didn't respond to Abbott Laboratories' nearly decade-old trademark suit over gray-market diabetes test strips, according to a report and recommendation filed Thursday.
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August 23, 2024
Kraken Must Face SEC's Crypto Case Over Platform Sales
A California federal judge on Friday denied a bid by cryptocurrency exchange Kraken to ditch a U.S. Securities and Exchange Commission enforcement suit, finding the regulator plausibly alleged that "at least some" of the digital currency transactions on Kraken's online platform constitute investment contracts.
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August 23, 2024
Crypto Founder Says SEC 'Twists' Claims To Make Suit Stick
The cryptocurrency founder accused by the U.S. Securities and Exchange Commission of misappropriating $12 million in customer assets from an alleged billion dollars in unregistered crypto securities offerings told a Brooklyn federal judge that the regulator "twists its timelines" to tie his conduct to the U.S.
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August 23, 2024
Google Pushes To Depose A Texas Official In Biometric Suit
Google is crying foul in a state court of appeals over Texas' refusal to let it take a deposition of either a representative or an employee of the Texas Office of the Attorney General, saying in a petition that it was forced to defend itself without full discovery.
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August 23, 2024
Apple Sued Over Warranty Fees Charged To Old Devices
Apple was hit with a putative class action in California federal court Friday accusing it of failing to cancel AppleCare+ subscription contracts for customers who trade in or return their devices and continuously charging them monthly fees for devices they no longer own.
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August 23, 2024
FTC Regroups After Noncompete Setbacks In Florida, Texas
A Florida federal judge on Friday suspended a deadline given to the Federal Trade Commission to respond to a lawsuit challenging a worker noncompete ban after the agency requested more time to discuss next steps following recent setbacks against the rule in Texas and the Sunshine State.
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August 23, 2024
Split 9th Circ. Says Ponzi Schemes Don't Need Proof Of Intent
A split Ninth Circuit panel affirmed Friday a jury's finding in a fraudulent-transfer fight that a now-bankrupt company was a Ponzi scheme, with the majority writing that jurors didn't need to find an intent to defraud, while a dissenting judge slammed the majority's reasoning as "circular."
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August 23, 2024
737 Max Families Spurn DOJ, Boeing's 'Cozy' Plea Deal
Families of victims of the 737 Max 8 crashes told a Texas federal judge on Friday that the U.S. Department of Justice's "cozy" plea agreement with Boeing must be rejected because it's based on misleading facts and shoddy math that overlook the tragic deaths of 346 people.
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August 23, 2024
CFTC Says Gemini's Appeal Bid Wouldn't Nix Need For Trial
The Commodity Futures Trading Commission has told a New York federal judge that even if the Second Circuit found crypto exchange Gemini Trust Co. didn't have ultimate responsibility over allegedly misleading statements about a proposed bitcoin futures contract, there would still be disputed facts requiring a trial.
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August 23, 2024
Everest Re Unit Escapes Data Breach Class Action
A New Jersey federal judge has tossed a proposed class action claiming that an Everest Re unit failed to protect customers' personal information during a data breach, ruling that the suit fails to show that the company had a duty to protect their information.
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August 23, 2024
Albertsons-Kroger Deal Tests FTC's Stepped-Up Merger Policy
The Federal Trade Commission's highly anticipated hearing to block Albertsons' planned $24.6 billion merger with Kroger kicks off Monday in a Portland, Oregon, courtroom in what attorneys say will be a pivotal test of the Biden administration's newly formalized merger policy.
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August 23, 2024
Latino Group Seeks Inquiry Into AG Paxton's Voter Fraud Raids
The Texas arm of the League of United Latin American Citizens is calling for a federal investigation into reports of "police state tactics" used by the Texas attorney general's office during its investigation of voter fraud.
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August 23, 2024
Google Args Don't Erase 'History Is On, Jesus,' DOJ Says
Google employees were so conscious of hiding evidence of conduct "that leads to law suits" that they reacted quickly when forgetting to let internal chats delete automatically, the Justice Department said, pushing to punish the search giant for those policies in the looming advertising technology monopolization trial.
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August 23, 2024
Class Wants $2.1M In Fees In Home Depot Hose Fight
A class suing Home Depot Corp. and Reliance Worldwide Corp. asked a Georgia federal judge to award them $2.1 million in attorney fees, more than $160,000 in expenses and $35,000 for class representative service awards in connection with a settlement that was preliminarily approved in March.
Expert Analysis
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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Attorneys Can Benefit From Reverse-Engineering Their Cases
Trial advocacy programs often teach lawyers to loosely track the progression of a lawsuit during preparation — case analysis, then direct examination, then cross-examination, openings and closings — but reverse-engineering cases by working backward from opening and closing statements can streamline the process and also improve case strategy, says Reuben Guttman at Guttman Buschner.
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How Justices' E-Rate Decision May Affect Scope Of FCA
The U.S. Supreme Court’s eventual decision in Wisconsin Bell v. U.S., determining whether reimbursements paid by the E-rate program are "claims" under the False Claims Act, may affect other federal programs that do not require payments to be made by the U.S. Department of the Treasury, says David Colapinto at Kohn Kohn.
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How Courts' Differing Views On Standing Affect PFAS Claims
Two recent opinions from New York federal courts — in Lurenz v. Coca-Cola, and Winans v. Ornua Foods North America — illustrate how pivotal the differing views on standing held by different courts will be for product liability litigation involving per- and polyfluoroalkyl substances, particularly consumer claims, say attorneys at Hollingsworth.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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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.