Consumer Protection

  • December 09, 2024

    Amazon Says FTC Lacks Authority To Bring Antitrust Case

    Amazon has told a Washington federal court that the Federal Trade Commission is overstepping its authority by bringing its antitrust case directly in court without pursuing an in-house case targeting the e-commerce giant's treatment of sellers on its platform.

  • December 09, 2024

    Congress Set To Let FCC Borrow $3B For 'Rip And Replace'

    Lawmakers are considering funding a $3.08 billion shortfall in the program to rid U.S. networks of Chinese-made equipment by letting the Federal Communications Commission borrow the money from the U.S. Department of the Treasury, repaid with spectrum auctions.

  • December 09, 2024

    CFPB Gets Final OK For $950K Student Lender Settlement

    A New York federal judge has granted final approval to a $950,000 settlement reached between the Consumer Financial Protection Bureau and an online private student lender and its venture capital backer over claims that they duped borrowers into taking out loans for coding school and other vocational programs with false claims about their educational "return-on-investment."

  • December 09, 2024

    EPA Finalizes Bans On Two Carcinogenic Chemicals

    The U.S. Environmental Protection Agency issued a pair of final rules on Monday banning all uses of trichloroethylene and all consumer uses of perchloroethylene, which are cancer-causing chemical solvents used in brake cleaner and adhesive products.

  • December 09, 2024

    Prevagen Maker Ordered To Cease Memory Claims

    A New York federal judge on Friday upheld an injunction blocking Quincy Bioscience Holding Co. Inc. nationally from making claims that its supplement Prevagen can treat memory problems.

  • December 09, 2024

    TikTok Seeks Halt On Sale-Or-Ban Law For High Court Appeal

    TikTok Inc. and its users are pressing the D.C. Circuit to put on hold the implementation of a law that is set to bar the platform from the U.S. market next month while they appeal a ruling backing the measure to the U.S. Supreme Court. 

  • December 09, 2024

    NC Hemp Store Owners Say Raids Targeted Their Race

    North Carolina sheriff's deputies allegedly "ransacked" and robbed two hemp stores and harassed their Middle Eastern owners in an effort to run them out of their community despite the businesses being legal, according to a new complaint filed in federal court.

  • December 06, 2024

    USDA Orders Raw Milk Be Tested For Bird Flu

    The U.S. Department of Agriculture on Friday issued a federal order requiring raw milk across the country to be tested as part of an effort to control and stop the spread of bird flu.

  • December 06, 2024

    CFPB Loses Bid To Unfreeze Credit Card Late Fee Rule

    A Texas federal judge Friday refused to lift a preliminary injunction blocking the Consumer Financial Protection Bureau's $8 credit card late fee rule from taking effect, ruling that the U.S. Chamber of Commerce and other trade groups are likely to succeed in their challenge to the rule.

  • December 06, 2024

    DC Circ. Ruling Far From Last Word On Looming TikTok Ban

    The D.C. Circuit's decision Friday paving the way for a U.S. ban on TikTok to take effect next month sparked immediate concerns about the loss of a social platform that millions rely on to freely express themselves, but a likely appeal and upcoming administration change could end up flipping the script.

  • December 06, 2024

    Ill. Judge Sends Hair Restoration Text Suit To Arbitration

    An Illinois federal judge paused litigation against a hair restoration company accused of sending a website user unwanted text promotions and ordered the parties Friday to arbitrate their dispute, following a Seventh Circuit ruling that upheld an arbitration agreement with less to go off of.

  • December 06, 2024

    US Ukrainian Group Wants FCC SpaceX Approvals Halted

    The FCC needs to put any decisions related to SpaceX on ice until an ethics committee can decide how to handle them now that the company's billionaire owner Elon Musk has been tapped for an oversight role in the upcoming Trump administration, the agency has been told.

  • December 06, 2024

    Google Must Face Trimmed BIPA Suit Over IBM Dataset

    A California federal judge on Thursday permitted Illinois residents to proceed with a pared-down version of their proposed class action accusing Google of violating biometric privacy laws with facial data collected by IBM, ruling they've adequately alleged a violation of the Illinois Biometric Privacy Act.

  • December 06, 2024

    Rugby League, Fox Sports Move To End Meta Tracking Row

    Fox Sports Australia and the National Rugby League are urging a California federal court to nix a proposed class action accusing them of disclosing viewers' personal data to Meta and other third parties without their knowledge or consent, saying the dispute belongs in Australia.

  • December 06, 2024

    Lawmakers Say DraftKings, FanDuel May Be Blocking Rivals

    A pair of lawmakers have sent a letter to the heads of two U.S. antitrust agencies raising concerns that DraftKings and FanDuel are blocking competition from emerging sports betting operators.

  • December 06, 2024

    High Court Bar's Future: Gupta Wessler's Jennifer Bennett

    As a litigator for workers and consumers, Jennifer D. Bennett made her debut at the U.S. Supreme Court at an inauspicious time, when conservative justices were consistently helping corporations move major cases onto advantageous turf in arbitration. But since then, Bennett has amassed a flawless argument record and helped to turn the tide, making her one of the high court's most promising young advocates.

  • December 06, 2024

    J&J Seeks New Talc Trial As Developer Seeks $30M More

    As Johnson & Johnson seeks to toss the underlying verdict, a real estate developer and cancer patient who was awarded $15 million in compensation from a talc trial jury has asked a Connecticut state judge to award another $30 million to punish the company for allegedly putting "profits over people."

  • December 06, 2024

    FTC Dems Tout Impact of Handbag Merger Win

    The Federal Trade Commission's leader said a recent court ruling that led the owners of Coach and Michael Kors to abandon their planned $8.5 billion tie-up should make it easier to prove mergers hurt competition without needing to rely on expensive economic experts.

  • December 06, 2024

    ​​​​​​​Top Groups Lobbying The FCC

    The Federal Communications Commission heard from advocates more than 80 times in November as they sought to sway the FCC on new rules for hyper-local FM broadcasts, making it easier to attach broadband gear to utility poles, revamping the 6 gigahertz band and more.

  • December 06, 2024

    New EU Antitrust Head Leaves Google Breakup 'On The Table'

    A potential breakup of Google, particularly its advertising placement technology business, remains on the table on both sides of the Atlantic, based on comments from the European Union's brand new antitrust chief.

  • December 06, 2024

    Google's Payments Unit Sues Over CFPB Supervision Order

    Google on Friday sued the Consumer Financial Protection Bureau in D.C. federal court almost immediately after the regulator said it ordered formal supervision for the tech giant's payments arm based on potential risks to consumers, a designation to which Google previously objected.

  • December 06, 2024

    Nat'l Spectrum Strategy Advances With Move On 37 GHZ

    The Biden administration made a late push to advance its National Spectrum Strategy by floating a plan in recent days to open the lower 37 gigahertz band for shared federal and commercial use, but experts say there's still much work ahead on the proposal.

  • December 06, 2024

    Trump DOJ Antitrust Pick Means 'Google Should Be Nervous'

    President-elect Donald Trump's pick to lead the U.S. Department of Justice Antitrust Division signaled the aggressive push against major technology giants is likely to continue, but may also suggest a somewhat friendlier reception for mergers.

  • December 06, 2024

    CFTC Tells DC Circ. Election Bets Turned Kalshi Into 'Casino'

    The Commodity Futures Trading Commission has told the D.C. Circuit that trading platform KalshiEx LLC "promptly turned its futures exchange into an online casino" when courts gave it the green light to list election contracts, urging the appeals court to overturn a lower court decision that the contracts don't involve unlawful gaming.

  • December 06, 2024

    CFPB Sues Comerica Over Gov't Benefit Card Management

    The Consumer Financial Protection Bureau on Friday sued Comerica Bank in Texas federal court over its handling of Direct Express benefits cards, marking the first contested enforcement action that the agency has brought against a bank in more than four years.

Expert Analysis

  • What To Know About Latest Calif. Auto-Renewal Law Update

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    While businesses have about nine months to prepare before the recently passed amendment to California's automatic renewal law takes effect, it’s not too early to begin working on compliance efforts, including sign-up flow reviews, record retention updates and marketing language revisions, say Gonzalo Mon and Beth Chun at Kelley Drye.

  • Class Actions At The Circuit Courts: September Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.

  • How To Avoid Liability When Using Cookie Consent Managers

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    As companies attempt to comply with consumer protection laws by implementing cookie consent managers on their websites, they must be wary of separate legal risks that can stem from implementing or using these tools incorrectly, says Ian Cohen at LOKKER.

  • 6 Tips For Trying Cases Away From Home

    Excerpt from Practical Guidance
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    A truly national litigation practice, by definition, often requires trying cases in jurisdictions across the country, which presents unique challenges that require methodical preparation and coordination both within the trial team and externally, say Edward Bennett and Suzanne Salgado at Williams & Connolly.

  • Taking Stock Of FCC's New Spectrum Rule For Drones

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    While an order recently adopted by the Federal Communications Commission is intended to provide drones with rapid access to a limited amount of spectrum in the 5030-5091 megahertz band, the commission envisions an incremental approach to full usage that will play out over the course of the coming months and years, say attorneys at Wiley.

  • 3 Coverage Tips As 2nd Circ. 'Swipes Left' On Tinder Claim

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    The Second Circuit's recent opinion in Match Group v. Beazley Underwriting, overturning Tinder's victory on its insurer's motion to dismiss a coverage action, reinforces three best practices policyholders purchasing claims-made coverage should adhere to in order to avoid late-notice defenses, say Lynda Bennett and Alexander Corson at Lowenstein Sandler.

  • Proposed Legislation May Crack Down On Online Drug Ads

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    A bill recently proposed in Congress could serve as a sea change in how the U.S. Food and Drug Administration regulates drug-related speech, with significant trickle-down effects on various corners of not only the drug industry but also on consumers and providers themselves, say Dominick DiSabatino and Arushi Pandya at Sheppard Mullin.

  • How Loper Bright Is Affecting Pending FCC Litigation

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    Pending challenges against Federal Communications Commission orders at the Sixth and Eleventh Circuits following the U.S. Supreme Court's decision in Loper Bright highlight that counsel must be familiar with the statutes, regulations and precedent relevant to the FCC to best navigate the rapidly changing compliance landscape, say attorneys at Davis Wright.

  • A Blueprint For Structuring An Effective Plaintiff Case Story

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    The number and size of nuclear verdicts continue to rise, in part because plaintiffs attorneys have become more adept at crafting compelling trial stories — and an analysis of these success stories reveals a 10-part framework for structuring an effective case narrative, says Jonathan Ross at Decision Analysis.

  • Series

    Round-Canopy Parachuting Makes Me A Better Lawyer

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    Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.

  • Dealmaker Lessons From CFIUS' New Enforcement Webpage

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    The Committee on Foreign Investment in the United States’ recently launched webpage, which details the actions — and inactions — that led to enforcement activity, provides important insights for dealmakers about filing requirements, mitigation commitments and the cost of noncompliance, say attorneys at Dechert.

  • What's In Colorado's 1st-Of-Its-Kind Neural Privacy Law

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    Colorado recently became the first U.S. state to directly regulate neurotechnology with new legislation amending the Colorado Privacy Act to specifically protect biological and neural data, offering an example of how lawmakers can tackle the perceived regulation gaps in this area, say attorneys at Goodwin.

  • What To Expect From Calif. Bill Regulating PE In Healthcare

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    A California bill currently awaiting Gov. Gavin Newsom's approval, intended to increase oversight over private equity and hedge fund investments in healthcare, is emblematic of recent increased scrutiny of investments in the space, and may affect transactions and operations in California in a number of ways, say attorneys at Ropes & Gray.

  • Why Now Is The Time For Law Firms To Hire Lateral Partners

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    Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Considering Possible PR Risks Of Certain Legal Tactics

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    Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.

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