Consumer Protection

  • November 18, 2024

    Hyundai Keeps Trial Win In $17M Suit Over Fatal Crash

    A Kentucky appellate panel won't undo a defense verdict for Hyundai Motor America Inc. in a $17 million suit by a family who alleged a manufacturing defect led to three deaths in a head-on collision, rejecting arguments that evidence was improperly admitted in the case.

  • November 18, 2024

    Treasury Finalizes Tougher Foreign Investment Law Penalties

    The Treasury Department on Monday finalized a rule sharpening its enforcement authority to stop or demand additional information regarding foreign-investment deals that the U.S. deems potential threats to national security.

  • November 18, 2024

    $100M Deal In Suit Over Walgreens Rx Prices Gets First OK

    An Illinois federal judge gave an initial blessing Monday to a $100 million deal resolving claims from consumers and unions that Walgreens unlawfully overcharged insured consumers for prescription drugs while allowing members of its cost savings club to pay less.

  • November 18, 2024

    Wash. Court Asked To Eye Renewal Docs In Fire Damage Row

    A Washington couple and two Progressive units urged a federal court to issue a pretrial ruling on whether the couple is entitled to up to $750,000 for a fire they said "destroyed" their home, after Progressive denied coverage for failure to pay the homeowner policy's premium.

  • November 18, 2024

    Justices Urged To Review Landlords' COVID Eviction Ban Suit

    A group of trade associations and a nonprofit urged the U.S. Supreme Court on Monday to grant a review petition filed by landlords claiming they lost $100 million as a result of Los Angeles' COVID-19 eviction moratorium, which ended in January.

  • November 18, 2024

    CPSC Fines Canadian Co. $16M Over Wall Beds

    The U.S. Consumer Product Safety Commission said Monday that a Canadian furniture-maker has agreed to pay up to a $16 million civil penalty over allegations that it failed to report a defect in its wall beds that resulted in injuries and one death.

  • November 18, 2024

    Rust-Oleum Falsely Touted Spray Paint Coverage, Suit Claims

    Paint manufacturer Rust-Oleum Corp. has been hit with proposed class claims in Illinois federal court by customers who claim the paint manufacturer misled them by advertising its "2x" spray paint line as providing twice the coverage of other general purpose paints, when its own data contradicts those label claims.

  • November 18, 2024

    Pa. AG-Elect Likely To Target AI, Robocalls And Opioids

    Pennsylvania Attorney General-elect Dave Sunday is likely to focus on cracking down on artificial-intelligence-related scams that prey on vulnerable populations, unwanted robocalls, and opioid makers, while being less inclined to hammer down on energy and fossil fuel companies, experts said.

  • November 17, 2024

    Trump Names FCC's Carr As New Agency Chair

    President-elect Donald Trump has picked Brendan Carr, the senior Republican on the Federal Communications Commission, as the agency's next chair, selecting a former general counsel of the agency and frequent critic of the current administration to lead the telecom regulator.

  • November 15, 2024

    Jordan Says DOJ, FTC, CFTC Teed Up Actions Ahead Of Trump

    House Judiciary Committee Chairman Jim Jordan, R-Ohio, lambasted three federal departments and their leaders, accusing them of either trying to push out enforcement actions or make last-minute hires during President Joe Biden's final days in office.

  • November 15, 2024

    Natera Exec Calls Guardant's Cancer Test Claims 'Dangerous'

    Natera's president of clinical diagnostics testified at trial Friday in a California federal false advertising case that Guardant Health's claims about Guardant's competing colorectal cancer test were "false and misleading" and also "dangerous."

  • November 15, 2024

    Evian Wins Ax Of False Ad Suit As NY Judge Reverses Self

    A New York federal judge tossed, for now, a putative class action alleging Danone Waters of America deceptively labeled its Evian water bottles as "carbon-neutral," reversing his earlier decision that the representation could be misleading and ruling Thursday that Danone's website provided further explanation of what the term meant.

  • November 15, 2024

    X Sues To Block Calif.'s New Deepfake Political Ads Law

    X Corp. filed a lawsuit in California federal court seeking to block a new Golden State law aimed at combating artificial intelligence-generated deepfake political ads, claiming the regulation that takes effect in January is unconstitutional and violates Section 230 of the Communications Decency Act.

  • November 15, 2024

    Social Media Cos. Must Face Schools' Public Nuisance Claims

    Meta Platforms and other social media giants must face most of the public nuisance claims brought by school districts and local government entities in multidistrict litigation alleging the companies designed their platforms to addict children, a California federal judge ruled Friday.

  • November 15, 2024

    Kroger, Texas Ink $83M Deal Over Opioid Crisis

    Texas announced it has agreed to an $83 million settlement with Kroger to resolve the state's claims alleging the groceries and pharmacy chain maintained practices that contributed to the opioid crisis in Texas, apparently as part of a larger $1.37 billion agreement the retailer recently reached with several states.

  • November 15, 2024

    Ill. Biometric Privacy Changes Apply Retroactively, Judge Says

    The Illinois legislature's recent move to limit businesses' exposure under the state's landmark biometric privacy law applies to disputes that were brought before the change was approved, a federal judge has ruled in tossing a lawsuit over a transportation company's allegedly unlawful collection of an employee's fingerprints. 

  • November 15, 2024

    SEC Says Risky Bond Recommendations Violated Reg BI

    A Texas-headquartered broker-dealer has agreed to pay nearly $154,000 to resolve U.S. Securities and Exchange Commission allegations that it improperly recommended risky bonds in violation of the federal investor protection measure known as Regulation Best Interest.

  • November 15, 2024

    PBMs Denied Breakup Of Combined FTC Insulin Price Trial

    The Federal Trade Commission's allegations that pharmacy benefit manager giants Caremark Rx, Express Scripts and OptumRx are artificially inflating insulin prices through unfair rebate schemes will forge ahead as a single case following an in-house agency judge's refusal to break them into separate proceedings.

  • November 15, 2024

    Convicted TV Guru Trudeau, FTC Strike Deal In 21-Year Case

    An Illinois federal judge on Friday approved and offered high praise for a consent order negotiated by the Federal Trade Commission and weight-loss guru Kevin Trudeau, saying they did a "spectacularly good job" laying out the plan for Trudeau to pay the remaining $8 million he owes in the 21-year-old fraud case.

  • November 15, 2024

    Despite Vaccine Spotlight, RFK Jr. A Health Policy 'Unknown'

    Robert F. Kennedy Jr., President-elect Donald Trump's pick to be the nation's top health official, has made clear his unorthodox and often false views on public health issues like vaccines. But there's still plenty of policy under his potential control where his stance remains opaque, attorneys say, which could stymie their efforts to prepare for the next four years.

  • November 15, 2024

    Wash. Judge Says Junk Text Suit Must Lose Autodialer Claims

    Consumers who were peppered with hundreds of unwanted text messages from a home improvement platform can move forward with their $400 million lawsuit accusing the company of ignoring the Do Not Call Registry, but will lose their autodialer claims, a Washington federal judge has ruled.

  • November 15, 2024

    Kalshi Fires Back At CFTC's 'Futile' Election Betting Appeal

    The Commodity Futures Trading Commission is attempting to "rewrite" its governing statute by claiming that placing bets on the outcome of elections is a form of prohibited gaming, trading platform KalshiEx LLC told the D.C. Circuit on Friday as it fought to continue listing election contracts in the future.

  • November 15, 2024

    Meet Trump's Solicitor General Nominee John Sauer

    A former Missouri solicitor general who later convinced the U.S. Supreme Court that former presidents have sweeping immunity from prosecution for their official acts is poised to become the next U.S. solicitor general, joining other members of President-elect Donald Trump's criminal defense team who are slated to take top roles at the U.S. Department of Justice.

  • November 15, 2024

    GAO Says EPA Must Act On Waste Sites' Climate Risks

    Nearly 70% of the nation's hazardous waste treatment, storage and disposal facilities are vulnerable to climate change impacts such as flooding, wildfires, storm surge and sea level rise, and the U.S. Environmental Protection Agency needs to be more proactive, a new federal report says.

  • November 15, 2024

    California Blames Travelers For Rot Remediation Policy Deceit

    In a case with potentially untold financial consequences, California district attorneys are blaming Travelers in state court for trying to attract customers by offering coverage for fungi and rot remediation for years without adequately disclosing stringent exclusions to state policyholders, in violation of state code.

Expert Analysis

  • The Strategic Advantages Of Appointing A Law Firm CEO

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    The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.

  • Inside FTC's Decision To Exit Key Merger Review Labor Memo

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    Despite the Federal Trade Commission's recent withdrawal from a multiagency memorandum of understanding to step up enforcement of labor issues in merger investigations, the antitrust agencies aren't likely to give up their labor market focus, say attorneys at Stinson.

  • FDIC Guidance Puts Next-Gen ATMs In Regulatory Spotlight

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    The boring existence of ATMs is changing thanks to the emergence of new-age interactive teller machines, prompting the Federal Deposit Insurance Corp. to sound off in a potentially influential August letter to branches on which services might need regulatory approval, says Thomas Walker at Jones Walker.

  • 7 Tips To Help Your Witness Be A Cross-Exam Heavyweight

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    Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • Understanding New ACH Network Anti-Fraud Rules

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    Many of the National Automated Clearing House Association’s recent amendments to ACH network risk management rules went into effect this month, so financial institutions and corporations must review and update their internal policies as needed, says Aisha Hall at Taft.

  • 6 Tips For Cos. Facing Service Provider Cyber Incidents

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    When a third-party service provider experiences a cybersecurity incident, businesses may wonder if their information is compromised and if their systems are safe, but there are certain steps that can help businesses prepare for and respond to targeted attacks on vendors, say attorneys at Troutman Pepper.

  • Unpacking State AG Approaches To Digital Asset Enforcement

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    Attorneys at Cozen O'Connor survey recent digital asset enforcement by attorneys general nationwide driven by concerns over regulatory gaps where technological developments and market changes have outpaced legislation.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • CFPB School Lunch Focus Could Expand E-Payment Scrutiny

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    The Consumer Financial Protection Bureau's recent spotlight on payment processing systems used to add funds to school lunch accounts shows its continued ambitions to further expand its supervisory power in the payments industry, all the way down to the school lunch market, says Tom Witherspoon at Stinson.

  • Opinion

    Rental Price-Fixing Suit Against RealPage Doesn't Add Up

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    Recent government antitrust litigation against RealPage, alleging that the software company's algorithm for setting rental prices amounts to price-fixing, has failed to allege an actual conspiracy, and is an example of regulatory overreach that should be reined in, says Andrew Ketterer at Ketterer & Ketterer.

  • Compliance Pointers For Amended Pa. Data Breach Law

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    Recent updates to the Pennsylvania Breach of Personal Information Notification Act include a requirement that organizations alert the state's attorney general of certain consumer data breach notifications, and several incident response and cybersecurity considerations will be necessary to ensure compliance, say Matthew Meade and Laura Decker at Eckert Seamans.

  • Opinion

    FDIC's Foray Into Index Fund Rules Risks Regulatory Chaos

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    A proposed Federal Deposit Insurance Corp. rule concerning control over passive index fund investments in banks is outside the agency's remit, clashes with an existing Federal Reserve process and would inhibit competition in the index fund sector, says J.W. Verret at George Mason University.

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