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Consumer Protection
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March 03, 2025
Jaguar Can't Shirk Warranty Claims In EV Battery Fire Suit
Jaguar can't evade claims it sold thousands of electric vehicles with batteries prone to catching fire, a New Jersey federal judge ruled Monday, saying the argument that buyers expect and even price in these kinds of issues at the time of purchase "defies everyday experience."
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March 03, 2025
ParkMobile Offers $9M, App Credits To End Data Breach Suit
ParkMobile customers who alleged their personal information was compromised in a 2021 data breach have asked a Georgia federal judge to give final approval to a settlement that would set aside a $9 million cash fund and up to $21 million in parking credits to end their class action.
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March 03, 2025
DOJ Opposes Anthropic's Amicus Bid In Google Search Case
The U.S. Department of Justice is telling a D.C. federal judge to keep Anthropic PBC out of the remedies phase of its search antitrust case against Google, arguing that the artificial intelligence company is trying to backdoor its way to intervenor privileges through an amicus curiae request.
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March 03, 2025
Jarkesy Can't Get Penny Stock Co. Out Of SEC Penalty
The Second Circuit on Monday upheld the U.S. Securities and Exchange Commission's courtroom victory against a penny stock company found to have misled its investors about its financial state, ruling that the company couldn't lean on the U.S. Supreme Court's Jarkesy ruling to argue that a jury should have determined its punishment.
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March 03, 2025
Globe Life Hit With Class Action Over 2024 Data Breach
Globe Life Inc. was hit with a proposed class action Monday over a 2024 breach that exposed the data of over 850,000 consumers.
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March 03, 2025
Ex-Jaguars Worker Tells FanDuel Arbitration Isn't Enforceable
A former Jacksonville Jaguars employee urged a New York federal court to deny FanDuel's bid to arbitrate his claims in a lawsuit that alleges the company facilitated a gambling addiction, saying the company aggressively lured him with predatory tactics and must be held accountable.
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March 03, 2025
5 Mass. Rulings You May Have Missed In February
Justices in Suffolk County Superior Court's business litigation session tackled a range of issues in February, including greenwashing, consumer protection and development disputes.
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March 03, 2025
NC Appliance Repair Co. Sued Over Robocall Ads
A North Carolina-based appliance repair company was hit Monday with a proposed class action by a person alleging that it used a robocall system to solicit new customers in violation of the Telephone Consumer Protection Act and state law by repeatedly texting her despite her number being on the Do Not Call list.
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March 03, 2025
Countertop Co. Demands Insurer Cover Over 100 Injury Suits
A distributor of countertops and flooring accused a Liberty Mutual unit in New York federal court of reversing its coverage position on nearly 130 underlying personal injury lawsuits in bad faith, arguing that each underlying plaintiff's alleged injuries should constitute separate occurrences.
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March 03, 2025
Sutter Settles Years-Old Antitrust Suit On Courthouse Steps
Attorneys for a class of millions of health insurance premium payors announced an eleventh hour deal staving off a new antitrust trial Monday in California federal court over claims that hospital chain Sutter Health drives up costs by pushing all-or-nothing network deals on insurers.
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March 03, 2025
Vape Co. Backs 6th Circ. Challenge To Ky. E-Cig Law
A Texas e-cigarette liquids maker on Monday urged the Sixth Circuit to side with a group of vape interests in their bid to block a Kentucky law regulating vape sales, saying the companies have standing to block the measure and the law is preempted under federal law.
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March 03, 2025
Pa. Supreme Court Snapshot: Negligence Damages Caps
The Pennsylvania Supreme Court will start and end its March session examining long-standing precedents, beginning Tuesday with an argument that will spotlight damages against government entities, and wrapping up Wednesday with a matter hinging on a rule that lets general contractors share their subcontractors' immunity under the workers' compensation law.
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March 03, 2025
Vape Co.'s Challenge Of FDA Penalty Rejected
A Washington, D.C., federal judge has thrown out an online vape retailer's constitutional challenge to a U.S. Food and Drug Administration enforcement proceeding, ruling that claims fell outside the court's jurisdiction.
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March 03, 2025
TD Bank Hit With Customer Suit Over Data Breach
TD Bank was hit with a proposed class action from a customer alleging that the bank's lax data and privacy controls allowed an ex-employee to improperly access sensitive customer information two and a half years ago.
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March 03, 2025
Kraken Joins Crypto Cos. Announcing SEC Case Dismissals
Crypto exchange Kraken said Monday that the U.S. Securities and Exchange Commission is also walking away from its registration suit amid a bevy of crypto case dismissals and investigation closures that have come as part of a new approach to digital asset policy.
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March 03, 2025
10th Circ. Backs CPSC In Challenge To New Magnet Rule
The Tenth Circuit on Monday denied a petition challenging a new Consumer Product Safety Commission rule regulating the sale of small, high-powered magnets, finding that the evidence the CPSC provided supports the rule and the commission's structure is constitutional.
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March 03, 2025
$21M Gallagher Data Breach Deal Approved
An Illinois federal judge gave final approval to insurance broker Arthur J. Gallagher & Co.'s $21 million deal resolving lawsuits claiming it failed to protect the personal information of more than 3 million customers from a data breach.
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March 03, 2025
Justices Decline Data Breach Suit Against SC Medical Center
The U.S. Supreme Court on Monday declined to review a Fourth Circuit decision that a health center cannot use federal immunity as a shield against a data breach lawsuit even though it received public funds, despite the company's warning that the ruling has created a circuit split.
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March 03, 2025
Arnold & Porter Hires DOJ Consumer Protection Atty In DC
Arnold & Porter Kaye Scholer LLP has hired a Justice Department consumer protection attorney, who told Law360 Pulse in an interview Monday that he wanted to join the firm because its practice focuses are reflective of his versatile, Swiss-Army-knife-like experience.
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March 03, 2025
Coinbase Wants To Know SEC Spend On Crypto Enforcement
Crypto exchange Coinbase wants to know how much the U.S. Securities and Exchange Commission spent on its "regulation-by-enforcement campaign" against crypto firms under previous Chair Gary Gensler, according to a Freedom of Information Act request submitted on Monday.
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February 28, 2025
Align Tech Deal Directs Buyers To A Monopolist, Judge Says
A California federal judge has soundly rejected Align Technologies Inc.'s proposed $27.5 million antitrust settlement with teeth-aligner buyers, slamming Align as a monopolist and saying that the deal "will direct still more customers to the monopolist."
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February 28, 2025
9th Circ. Keeps Mass Starz Privacy Arbitration Consolidated
The Ninth Circuit on Friday refused to allow a consumer whose video privacy arbitration claims against Starz Entertainment LLC have been merged with more than 7,000 similar allegations to break off from the pack, finding that the television network couldn't be blamed for the current "procedural stalemate" in the consolidated arbitration proceedings.
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February 28, 2025
CFPB Endgame Is Just 'Five Men And A Phone,' Filings Allege
Current and former Consumer Financial Protection Bureau employees alleged in D.C. federal court filings that the Trump administration is much more aggressively trying to gut the agency than it has let on, warning it has already damaged vital functions.
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February 28, 2025
CFPB Won't Drop MoneyLion Suit Despite Agency Shake-Up
The Consumer Financial Protection Bureau told a New York federal judge Friday that the agency plans to continue pursuing its lawsuit against MoneyLion Technologies Inc. under Trump-appointed leadership despite uncertainty about the agency's future and the CFPB's recent decisions to drop other actions due to the Trump administration's policy shake-up.
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February 28, 2025
SEC, Ex-Silvergate CFO Trade Shots Over Enforcement Case
The U.S. Securities and Exchange Commission on Friday urged a New York federal court not to throw out its claims that the former chief financial officer of defunct crypto-focused bank Silvergate Capital concealed the bank's rocky financial position, saying that the executive is mischaracterizing its claims.
Expert Analysis
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The Blueprint For A National Bitcoin Reserve
The new administration has the opportunity to pave the way for a U.S.-backed crypto reserve, which could conceptually function as a strategic asset akin to traditional reserves like gold markets, hedge against economic instability, and influence global crypto adoption, say attorneys at Duane Morris.
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FTC Privacy Enforcement Takeaways From 2024
In 2024, the Federal Trade Commission distinguished three prominent trends in its privacy-related enforcement actions: geolocation data protections, data minimization practices, and artificial intelligence use and marketing, say Cobun Zweifel-Keegan at IAPP and James Smith at Dechert.
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Student Loan Entities In Hot Seat After CFPB Goes To College
While the direction of student loan servicer oversight in the new presidential administration is unclear, recent Consumer Financial Protection Bureau actions still signal heightened regulatory scrutiny at both the federal and state levels of college institutional loan programs, along with their service providers, says attorney Jonathan Joshua.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Mass Arbitration Procedures After Faulty Live Nation Ruling
Despite the Ninth Circuit's flawed reasoning in Heckman v. Live Nation, the exceptional allegations of collusive conduct shouldn't be read to restrict arbitration providers that have adopted good faith procedures to ensure that consumer mass arbitrations can be efficiently resolved on the merits, says Collin Vierra at Eimer Stahl.
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Roundup
Banking Brief: State Law Recaps From Each Quarter Of 2024
In this Expert Analysis series, throughout 2024 attorneys provided quarterly recaps discussing the biggest developments in banking regulation, litigation and policymaking in various states, including New York, California and Illinois.
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How DOGE's Bite Can Live Up To Its Bark
All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
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Small Biz Caught In Corporate Transparency Act Crossfire
Despite compliance being put on hold due to a nationwide preliminary injunction, small businesses have been caught in the middle of the legal battle over the Corporate Transparency Act — and confusion over the law's requirements could result in major penalties, say attorneys at Snell & Wilmer.
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Forecasting The Future Of The FTC Post-Inauguration
The incoming Federal Trade Commission leadership's agenda, which is expected to be in sharp contrast with the Biden administration's enforcement posture, will be noticeable right away in the first few weeks of the Trump administration, say attorneys at Cooley.
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5 Notable Information Security Events In 2024
B. Stephanie Siegmann at Hinckley Allen discusses 2024's largest and most destructive data breaches seen yet, ranging from ransomware disrupting U.S. healthcare systems on a massive scale, to tensions increasing between the U.S. and China over cyberespionage and the control of U.S. data.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Looking Back At 2024's Noteworthy State AG Litigation
State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.
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What Broker-Dealers Must Know Before Selling Bitcoin ETPs
Interest in bitcoin exchange-traded products is already high, and only expected to grow in light of the incoming Trump administration's pro-crypto stance, but broker-dealers must still consider numerous regulatory requirements before recommending a bitcoin ETP to a client, say Frank Weigand and Justine Woods at Cahill Gordon.
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Series
Texas Banking Brief: All The Notable Legal Updates In Q4
The fourth quarter of 2024 brought noteworthy developments to the Texas financial services sector, particularly a new state artificial intelligence bill and a Consumer Financial Protection Bureau rule that will affect an outsize number of Texas community banks, says Tyler George at Naman Howell.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.