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Consumer Protection
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June 20, 2024
Hemp Co. Illegally Sold Cannabis, Colo. AG Alleges
The Colorado attorney general is suing a hemp company in state court, alleging that despite claiming that its products were "100% compliant" with federal law, they in fact contained between two and 35 times the amount of THC allowed in hemp, making them illegal cannabis products.
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June 20, 2024
EchoStar Says Customers Can Skip Junk Fees With Right Info
Dish Network parent company EchoStar is defending early termination fees to the Federal Communications Commission, telling the agency that Dish's 2009 settlement agreement over deceptive charges can serve as a model for FCC billing guidelines.
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June 18, 2024
Novant Pays $6.7M For Sharing Patient Data With Facebook
A North Carolina federal judge on Monday gave the final seal of approval to a proposed $6.7 million deal resolving litigation alleging Novant Health Inc. shared sensitive patient data with Facebook, certifying a nationwide settlement class of roughly 1.3 million individuals.
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June 18, 2024
Doubt Cast On Free Whole Foods Delivery 'Bait And Switch'
A Washington federal judge appeared skeptical at a hearing Tuesday of claims that Amazon misled Prime members by advertising free Whole Foods grocery deliveries and then later pulling the perk in a "bait and switch," noting the retail giant has reserved the right to change Prime members' benefits.
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June 18, 2024
Tesla Can't Beat 'Right-To-Repair' Monopoly Suit This Time
Tesla must face an amended proposed class action alleging the company runs an unlawful monopoly on parts for its electric vehicles, a California federal judge has ruled, finding that the plaintiffs have addressed issues in their previously dismissed complaint.
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June 18, 2024
IPhone Buyers Want Canadian Data In Amazon Antitrust Case
Apple Inc. and Amazon.com Inc. must be forced to turn over Canadian sales data as part of a lawsuit accusing the pair of hatching an anticompetitive agreement to choke third-party sales, a group of iPad and iPhone buyers told a Washington federal court.
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June 18, 2024
Man 'Got Exactly What He Wanted' In Sig Sauer, Ga. Jury Told
As a weeklong federal trial wrapped up Tuesday, counsel for American gun-maker Sig Sauer told a Georgia jury that a man who claims faulty design of one of the company's pistols caused his gun to accidentally shoot him offered no credible explanation of how and why the pistol went off.
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June 20, 2024
CORRECTED: Drug Cos., PBMs Score Win In Calif. AG's Insulin Price Suit
A Los Angeles judge ruled Tuesday that the statute of limitations bars the California Attorney General's unfair competition law and unjust enrichment claims against drugmakers and pharmacy benefit managers over an alleged conspiracy to spike insulin costs, but granted leave to amend the allegations.
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June 18, 2024
No Reason To Move Net Neutrality Suits To DC Circ., ISPs Say
Nearly a dozen industry groups are calling on the Sixth Circuit to reject an effort by the Federal Communications Commission to move a raft of lawsuits over the FCC's net neutrality rules to the D.C. Circuit.
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June 18, 2024
9 Firms Vie To Lead Suit Over Ad Tech Co.'s Microsoft Ties
Pomerantz LLP, Levi & Korsinsky LLP and several other firms have filed competing bids to lead a proposed shareholder class action alleging that shares of ad tech company Perion Network declined nearly 40% after its strategic partner Microsoft Bing "unilaterally" changed its search advertising pricing.
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June 18, 2024
SEC's Ether Orders Spur Hope For Crypto, Caution From Attys
The crypto industry received a step toward clarity when the U.S. Securities and Exchange Commission's approval of exchange-traded products holding the token ether signified the cryptocurrency isn't a security subject to SEC regulation, but attorneys say they remain cautious when counseling clients on how to deal in the asset.
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June 18, 2024
Google's Deal With Apple Should Be Busted Up, Users Say
Counsel for consumers accusing Google of making an illegal pact with Apple to serve as the iPhone's default search engine urged a California federal judge on Tuesday to revive their dismissed antitrust suit, saying, "We're looking to bust up the contract to get competition back in the market."
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June 18, 2024
Megan Thee Stallion Escapes IP Suit Over 'Savage' Song
A Manhattan federal judge concluded Tuesday that rapper and songwriter Megan Thee Stallion did not rip off music from a hip-hop producer to create her hit song "Savage" in 2020, saying the plaintiff failed to show that she and the other defendants had access to his composition or that the two songs are substantially or strikingly similar.
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June 18, 2024
Anticompetitive Rules Hinder BEAD Fund, Critic Claims
The success or failure of the $42.5 billion Broadband Equity, Access, and Deployment program lies in the "devilish details," according to one free-market think tank, which says that rules encouraging rate regulation and favoring "gold-plated" fiber technology could soon "cause havoc" if oversight is not rigorous enough.
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June 18, 2024
6th Circ. Asks Who's A 'Consumer' In Meta Data Sharing Case
Sixth Circuit judges questioned how a decades-old federal privacy law aimed at protecting people's video rental history applies to website users, as one customer argued Tuesday that the court should revive claims that Paramount unlawfully shared his data with Meta, Facebook's parent company.
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June 18, 2024
Chastened Boeing CEO Vows Fixes In Harsh Senate Hearing
Boeing's chief steadfastly defended the company's commitment to safety, even as he acknowledged a breakdown in how certain managers responded to whistleblowers who had flagged past questionable design or manufacturing practices, as he endured a grueling public hearing before a Senate panel Tuesday.
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June 18, 2024
Insurer Countersues In Penile Implant Coverage Dispute
An insurer has no duty to defend or indemnify a urologist, his medical device company or his practice in a proposed class action over a penile enlargement implant and procedure, the company told a California federal court, saying the underlying suit doesn't seek bodily injury damages that would trigger coverage.
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June 18, 2024
CFTC Awards $8M To Whistleblower Behind Multiple Actions
The Commodity Futures Trading Commission has announced it awarded more than $8 million to an insider whistleblower who the agency said provided significant information that led to multiple enforcement actions from multiple agencies.
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June 18, 2024
Microsoft Says Starbucks Ruling Hurts FTC's Activision Case
Microsoft told the Ninth Circuit on Monday that the U.S. Supreme Court's recent ruling requiring labor regulators to meet a four-factor test in order to win a preliminary injunction undercuts the Federal Trade Commission's bid to halt the company's $68.7 billion acquisition of Activision Blizzard Inc.
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June 18, 2024
Democrats Punt On Spectrum Bill, Claiming GOP 'Obstruction'
A Senate Democratic leader again delayed consideration of a bill Tuesday to renew the Federal Communications Commission's spectrum auction powers, saying the holdup was instigated by Republicans on the Senate Commerce Committee.
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June 18, 2024
Apple Sanctioned In Siri Privacy Suit For Deleting Recordings
A California federal judge has sanctioned Apple Inc. in a privacy lawsuit brought by Siri users who claim the voice-activated software records their conversations, finding the tech giant spoiled evidence by deleting key data, but that a jury should determine whether Apple deprived the users of the data intentionally.
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June 18, 2024
Split Pa. High Court Finds Rental Registry Suit Moot
The Pennsylvania Supreme Court tossed out landlords' appeal of Pittsburgh's 2015 ordinance requiring them to list their rental units in a public registry, because it had been replaced by a newer, narrower law, but two justices said they should have ruled on the case anyway to settle whether other governments could pass similar measures.
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June 18, 2024
Rival Pool Supply Co. Looks To Duck Blueworks Ch. 11 Stay
Pool supply company Hayward Industries Inc. has asked a bankruptcy court for a reprieve from the automatic stay protecting its bankrupt rival Blueworks Corp. as it seeks to secure final orders upholding a $16 million false advertising and unfair business practices judgment.
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June 18, 2024
5th Circ. Keeps Suit Over CFPB's Card Late Fee Rule In Texas
The Fifth Circuit on Tuesday ordered a banking industry lawsuit against the Consumer Financial Protection Bureau's credit card late fee rule to remain in Texas federal court, rejecting a second attempted transfer of the case to Washington, D.C.
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June 18, 2024
Blue States And Enviro Groups Back DOE Furnace Rule
Several blue states and environmental and consumer groups have thrown their support behind the U.S. Department of Energy's tighter energy efficiency standards for furnaces and water heaters, telling the D.C. Circuit that challenges to the new rules are meritless.
Expert Analysis
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4 Arbitration Takeaways From High Court Coinbase Ruling
The U.S. Supreme Court's May 23 decision in Coinbase v. Suski, which provides clarity to parties faced with successive contracts containing conflicting dispute resolution provisions, has four practical impacts for contracting parties to consider, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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Lessons In High-Profile Jury Selection Amid NY Trump Trial
Richard Gabriel and Michelle Rey LaRocca at Decision Analysis consider how media exposure can affect a prospective juror in a high-profile case, the misunderstood nature of bias, and recommendations for jury selection in these unique situations as the Trump hush money trial continues in New York.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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The Effects Of New 10-Year Limitation On Key Sanctions Laws
Recently enacted emergency appropriations legislation, doubling the statute of limitations for civil and criminal economic sanctions violations, has significant implications for internal records retention, corporate transaction due diligence and government investigations, say attorneys at Greenberg Traurig.
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What 11th Circ. FCRA Ruling Means For Credit Furnishers
Credit furnishers should revisit their internal investigation and verification procedures after the Eleventh Circuit declined last month in Holden v. Holiday to impose a bright-line rule that only purely factual or transcription errors are actionable under the Fair Credit Reporting Act, say Diana Eng and Michael Esposito at Blank Rome.
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Supply Chain Considerations For Companies Deploying AI
Many businesses will risk failure by embracing artificial intelligence without fully understanding the risks, and the value of a five-step AI supply chain analysis cannot be overstated, say Brooke Berg and Nathan Staffel at Nardello & Co.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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The State Of Play In DEI And ESG 1 Year After Harvard Ruling
Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.
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Compliance Considerations For New Data Protection Law
Sam Castic at Hintze Law discusses how to determine if your organization is covered by the newly enacted Protecting Americans' Data from Foreign Adversaries Act, the scope of the law's restrictions, and how to go about compliance as its June 23 effective date approaches.
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FTC Noncompete Rule Risks A Wave Of State AG Actions
The Federal Trade Commission's final rule language banning noncompetes may contribute to a waterfall enforcement effect in which state attorneys general deploy their broad authority to treat noncompetes as separate and independent violations, say Ryan Strasser and Carson Cox at Troutman Pepper.
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CFPB Poised To Up The Ante After Supreme Court Victory
When the U.S. Supreme Court emphatically ruled last week that the Consumer Financial Protection Bureau's funding structure did not violate the Constitution, the agency boasted that it was "here to stay," signaling that it is moving full steam ahead with its regulatory, enforcement and supervisory agenda, says Jim Sandy at McGlinchey Stafford.
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How To Use Exhibits Strategically Throughout Your Case
Exhibits, and documents in particular, are the lifeblood of legal advocacy, so attorneys must understand how to wield them effectively throughout different stages of a case to help build strategy, elevate witness preparation and effectively persuade the fact-finders, say Allison Rocker at Baker McKenzie and Colorado prosecutor Adam Kendall.
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Diving Deep Into Sweeping NY Financing Bill — And Its Pitfalls
A New York bill seeking to impose state usury limits onto a broader variety of financing arrangements and apply lender licensing requirements to more diverse entities would present near-insurmountable compliance challenges for lenders and retailers, say Kate Fisher and Tom Quinn at Hudson Cook.
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Influencer Considerations As FINRA Initiates Crackdown
To avert risks when evaluating influencer and referral programs, firms should assess the Financial Industry Regulatory Authority's recent settlements involving the supervision of social media tastemakers, as well as recent FINRA guidance in this area, say attorneys at Troutman Pepper.