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Consumer Protection
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March 13, 2025
RealPage Pushes Bid To Duck Antitrust Case In NC
RealPage and a group of landlords backed up a motion to shut down claims that the company's software helps fix rental prices brought by the U.S. Department of Justice and a group of states in North Carolina federal court.
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March 13, 2025
SEC Drops Dealer-Registration Case Criticized By Hedge Fund
The U.S. Securities and Exchange Commission is dropping its claim that a Boston hedge fund should have registered as a broker-dealer, abandoning a case that the defense had argued overstepped the law and would subject more firms to federal oversight.
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March 13, 2025
NY Taps Ex-CFPB Official For Top Financial Enforcement Role
New York's financial services regulator said Thursday that it has hired a new top consumer protection cop, bringing aboard a veteran enforcement official recently departed from the Consumer Financial Protection Bureau.
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March 13, 2025
Judge Orders Reinstatement Of Many Fired Federal Workers
A California federal judge on Thursday ordered the immediate reinstatement of certain probationary employees fired from six federal agencies, saying the Office of Personnel Management did not have the authority to direct those terminations, making the firings "unlawful."
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March 12, 2025
Phish Fans' Mellow Vibe Undercuts Injury Claims, Judge Hints
A Washington state appeals court expressed skepticism Wednesday that Phish and Live Nation could have seen foreseen assaults that injured two concertgoers at an outdoor show, with one judge suggesting the jam band's vibes are more in tune with the mellow atmosphere of a Grateful Dead show than a raucous rock concert.
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March 12, 2025
GOP Senators Take Aim At CFPB Medical Debt Rule
Republican senators have introduced a measure to overturn the Consumer Financial Protection Bureau's recent rule banning medical debt from credit reports, one of the latest Biden-era regulations to be targeted for legislative repeal.
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March 12, 2025
Delta, Japan Airlines Sued Over Collision At Seattle Airport
Delta Air Lines Inc. and Japan Airlines Co. were sued by a married couple who say they were injured during a ground collision between two aircraft at Seattle-Tacoma International Airport in February.
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March 12, 2025
Crypto Influencer's Counsel Says SEC Will Drop Case
The U.S. Securities and Exchange Commission has agreed to drop its case over cryptocurrency influencer Ian Balina's alleged promotion of so-called SPRK tokens, his attorney said Wednesday.
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March 12, 2025
'I Was Wrong': FTC Atty Flips On Cuts Delaying Amazon Trial
The Federal Trade Commission abruptly backtracked on an in-house attorney's comments about "severe" resource constraints amid the government spending crackdown while urging a Washington federal judge to delay a consumer protection trial against Amazon, with the same attorney telling the court he was wrong in a letter filed hours after a Wednesday status conference.
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March 12, 2025
Judge Says Hospital Orgs.' Input Not Needed In Multiplan MDL
The Illinois federal judge handling multidistrict litigation targeting Multiplan's out-of-network reimbursement rates has rejected two hospital organizations' bid to weigh in as he considers whether he should dismiss the case.
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March 12, 2025
'Delete, Delete, Delete': DOGE-Linked Effort Launched At FCC
The nation's telecom rules will get a makeover to "delete" a lot of requirements the Federal Communications Commission has determined are no longer needed under an effort launched Wednesday by FCC Chair Brendan Carr.
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March 12, 2025
'Negligent' Delta Flight Crew Caused Crash Landing, Suit Says
Delta Air Lines has been hit with another round of federal lawsuits over the "devastating crash" in Toronto in which its plane flipped upside down and caught fire, with passengers from Texas and Minnesota blaming the incident on the "negligence and recklessness" of the flight crew.
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March 12, 2025
4th Circ. Won't Undo Health Data Access Order
A Fourth Circuit panel issued a ruling Wednesday that affirmed a lower court's order requiring PointClickCare to allow Real Time Medical Systems to access patient data that it uses to provide nursing facilities with alerts for potential medical complications.
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March 12, 2025
Ford Can't Get Warranty Claims Trimmed In Transmission Suit
An Illinois federal judge on Wednesday rejected Ford's bid to partially dismiss a proposed class action claiming it installed faulty transmissions in certain F-150 trucks, saying he has an independent basis for jurisdiction over the drivers' Magnuson-Moss Warranty Act claims despite the law's requirement that there be 100 named plaintiffs to proceed in federal court.
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March 12, 2025
Adult Website Accused Of Giving Google Shoppers' Sexual Info
An adult website and an e-commerce solutions company illegally share the private sexual information such as the sexual orientation, fetishes and product preferences of the website's customers with third parties like Google to boost the companies' bottom lines, a proposed class action filed in California federal court has alleged.
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March 12, 2025
Real Estate Co. Says Commission Inflation Suit Is Untimely
Arguing that the case is time-barred, one of the biggest real estate firms in the Northeast says a Connecticut judge should toss a retooled class action accusing company officials of joining trade groups to press for industry rules that boosted their bottom line.
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March 12, 2025
Live Nation Calls DOJ 'Delay Tactics' Claim 'Groundless'
Live Nation Entertainment assailed the U.S. Department of Justice for claiming "out of the blue" that the company is slow-walking its discovery obligations in the government's New York federal court monopolization suit centered on the 2010 purchase of Ticketmaster.
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March 12, 2025
Texas Urges Court Not To Let DuPont Out Of PFAS Lawsuit
Chemical companies DuPont and Corteva are leaning on a "fraudulent transfer scheme" in order to exit a lawsuit accusing them of making and selling forever chemicals despite knowing about their toxic nature, the state of Texas said Tuesday, urging a federal court not to give them the out.
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March 12, 2025
Second Bid For Roundup Mass Tort Launched In New Jersey
A second application for lawsuits against Monsanto Co. and Bayer AG alleging injuries by exposure to the company's weed killer Roundup to be designated as multicounty litigation has been filed with the New Jersey Supreme Court, according to a notice to the bar.
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March 12, 2025
NC Man Pleads Guilty To Importing Counterfeit Car Airbags
A 31-year-old Raleigh, North Carolina, man who works as an engineer for the state's Department of Transportation has pled guilty to importing 2,500 counterfeit driver-side car airbags and selling several of them, federal prosecutors announced.
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March 12, 2025
Borrowers Claim Cash Advance Co. Charged 1,000% Interest
A prospective class of borrowers has hit Klover Holdings Inc. with a lawsuit claiming that the cash advance business charged interest rates that can reach 1,000% or more, far exceeding Pennsylvania's 6% legal limit.
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March 12, 2025
Final Google Fixes Keep Apple Payments, DOJ Tells DC Circ.
The U.S. Department of Justice doubled down on its arguments against permitting Apple to intervene in the upcoming remedies phase of its Google search monopoly lawsuit, arguing that the newly submitted final version of its sought fixes show Apple would keep getting payments it wants protected.
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March 12, 2025
Calif. Funeral Home 'Preys Upon' Latino Families, Suit Says
A Sacramento funeral home was sued in California state court Tuesday for allegedly sending a deceased man's body to El Salvador in a "shocking state of decomposition" as part of a larger pattern of exploiting the Latino community with substandard services.
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March 12, 2025
Chipwich Maker Blames Broker For $4.5M Recall Loss
The maker of Chipwich ice cream sandwiches told a Connecticut state court that its broker negligently failed to secure product recall insurance, causing a preventable loss of $4.5 million to the company, after desserts were destroyed because of potential listeria contamination.
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March 12, 2025
Kroger Waited Too Long To Seek Sanctions, Judge Says
An Illinois federal judge on Wednesday denied Kroger's bid to sanction prolific consumer advocate lawyer Spencer Sheehan for filing a meritless suit over the effectiveness of its lidocaine patches, saying the amount of time it took to file the motion "is not reasonable by any stretch of the imagination."
Expert Analysis
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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A Closer Look At FDX's New Role As Banking Standard-Setter
Should the new Consumer Financial Protection Bureau let stand the decision empowering Financial Data Exchange as an industry standard-setter, it will be a significant step toward broader financial data-sharing, but its success will depend on industry adoption, regulatory oversight and consumer confidence, say attorneys at Clark Hill.
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What To Expect In Crypto Banking After SEC Nixed Guidance
With the U.S. Securities and Exchange Commission recently rescinding its controversial cryptocurrency accounting guidance, the industry's focus will turn to the potentially significant hurdle to crypto banking posed by the federal banking regulators, say attorneys at Duane Morris.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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Tools For Witness Control That Go Beyond Leading Questions
Though leading questions can be efficient and effective for constraining a witness’s testimony, this strategy isn’t appropriate for every trial and pretrial scenario, so techniques like headlining and looping can be deployed during direct examination, depositions and even witness interviews, says Allison Rocker at Baker McKenzie.
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Opinion
Weight Drug Suits Highlight Need For Legal Work On Safety
The rapid ascent of glucagon-like peptide-1 receptor agonists like Ozempic has revolutionized diabetes management and weight loss — but legal wrangling over issues including off-label prescriptions, side effects and compounded versions underscores lawyers' roles in protecting patient safety, says attorney Gregg Goldfarb.
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What Travis Hill's Vision For FDIC Could Portend For Banks
If selected to lead the Federal Deposit Insurance Corp. in a permanent capacity, acting Chairman Travis Hill is likely to prioritize removing barriers to innovation and institution-level growth, emphasizing the idea that eliminating rules, relaxing standards and reducing scrutiny will reinvigorate the industry, say attorneys at Mitchell Sandler.
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Will Independent Federal Agencies Remain Independent?
For 90 years, members of multimember independent federal agencies have relied on the U.S. Supreme Court's 1935 ruling in Humphrey's Executor v. U.S. establishing the security of their positions — but as the Trump administration attempts to overturn this understanding, it is unclear how the high court will respond, says Harvey Reiter at Stinson.
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5 Major Crypto Developments From The Trump Admin So Far
The early weeks of the Trump administration have set the stage for a significant transformation in U.S. digital asset policy by prioritizing regulatory clarity, innovation and a shift away from enforcement-heavy tactics, but many of these changes will require congressional support and progress may be gradual, say attorneys at Ropes & Gray.
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Compliance Pointers For DOJ's Sweeping Data Security Rule
A new Justice Department rule broadly restricts many common data transactions with the goal of preventing access by countries of concern, and with an effective date of April 8, U.S. companies must quickly assess practices related to employee, customer and vendor data, says Sam Castic at Hintze Law.
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Class Actions At The Circuit Courts: February Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal appellate court class certification decisions and identifies practice tips from cases involving breach of life insurance contracts, constitutional violations of inmates and more.
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What To Expect From The New FCC Chair
As a vocal critic of the Federal Communications Commission's recent priorities, newly appointed chair Brendan Carr has described a vision for the agency that would bring significant changes to telecommunication regulation and Telephone Consumer Protection Act enforcement in the U.S., say attorneys at BCLP.
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Comparing 2 Pending Bills To Regulate Stablecoins
Alexandra Steinberg Barrage at Troutman analyzes the key similarities and differences between two payment stablecoin proposals currently pending in Congress — the STABLE and GENIUS acts — as both chambers are forming a working group to deliver a clear regulatory framework for digital assets and bipartisan agreement appears within reach.
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Citibank Wire Transfer Ruling Creates New Liability For Banks
A New York federal court's recent decision in New York v. Citibank, affirming the Electronic Fund Transfer Act's consumer protections cover wire transfers allegedly initiated by scammers who infiltrated Citibank customers' online accounts, creates new liability for sending financial institutions and upends decades-old regulatory guidance, say attorneys at Stinson.
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4 Do's And Don'ts For Trial Lawyers Using Generative AI
Trial attorneys who use artificial intelligence tools should review a few key reminders, from the likelihood that prompts are discoverable to the rapid evolution of court rules, to safeguard against embarrassing missteps, says Nate Sabri at Perkins Coie.