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Consumer Protection
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March 12, 2025
Awning Maker, Feds Settling Safety Defect Claim
A Massachusetts awning manufacturer and the government told a federal judge Tuesday they are finalizing a settlement of civil claims that the company intentionally hid a safety defect that led to injuries and one death.
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March 12, 2025
Calif. Privacy Agency Hits Honda Over Data Rights Handling
The California Privacy Protection Agency revealed Wednesday that American Honda Motor Co. has agreed to pay a $632,500 fine and make it easier for consumers to exercise their rights under the state's data privacy law in order to settle the first enforcement strike stemming from the agency's ongoing investigation into the data handling practices of connected car manufacturers.
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March 11, 2025
Payday Lenders Want One More High Court Bout With CFPB
Payday lender groups have asked the U.S. Supreme Court to again take up their challenge to a Consumer Financial Protection Bureau rule finalized during President Donald Trump's first term, this time seeking an appeal focused on the rule's allegedly "tainted" origin.
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March 11, 2025
Kenvue Unit Can't Nix BIPA Suit Over Neutrogena Skin360 App
A Kenvue unit can't escape a proposed class action alleging it unlawfully stores facial scans of people who use its Neutrogena Skin360 tool in violation of Illinois' biometric privacy statute, after a New Jersey federal judge said those users are not "patient[s] in a healthcare setting" under the statute's healthcare exemption.
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March 11, 2025
SDNY Illicit Finance Unit Co-Chief To Depart US Atty's Office
The co-chief of the Southern District of New York's Illicit Finance and Money Laundering Unit said in a withdrawal notice that he's leaving the U.S. attorney's office at the close of this week and requested that he be removed as counsel of record in an ongoing criminal case.
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March 11, 2025
CFPB Says It Will Proceed With Another Military Lending Suit
The Consumer Financial Protection Bureau has told a Texas federal judge it intends to move forward with a Biden-era lawsuit accusing one of the largest U.S. pawn store operators of military lending violations, despite the agency's moves to scrap a bevy of enforcement actions since the Trump administration's policy shake-up.
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March 11, 2025
Innodata Slams 'AI Washing' Shareholder Suit As Flimsy
Investors in data engineering company Innodata Inc. "essentially cut and pasted" claims from a short-seller's report on the company into their proposed class action accusing the company of "AI washing," despite the company's recovery from a related trading price dip, the company has argued.
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March 11, 2025
Chemical, Carpet Cos. Seek Toss Of Ga. County's PFAS Suit
Nearly a dozen carpet and chemical manufacturers have moved to dismiss a Georgia county's lawsuit seeking to hold them responsible for an alleged public health crisis in the northwestern part of the state brought on by the sale and use of toxic chemicals in carpet manufacturing.
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March 11, 2025
Ill. Transpo Applicant's GIPA Claim Isn't Blocked, Judge Says
A transportation service applicant can proceed with allegations that he was illegally required to divulge his family medical history during a pre-employment physical since they don't conflict with federal driver safety regulations, an Illinois federal judge has ruled.
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March 11, 2025
'Congress Never Came Up' In CFPB Firing Talks, Worker Says
A Consumer Financial Protection Bureau employee recounted before a D.C. federal judge on Tuesday a frantic effort to fire 1,200 agency staffers before a court order halted it, saying the prospect of first securing congressional approval was never mentioned.
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March 11, 2025
California Will Be Probing Location Data Industry
California has a hunch that a lot of companies might be violating its data privacy law when it comes to sensitive location data, according to the state's attorney general, who says he is launching a sweeping investigation into the location data industry as a whole.
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March 11, 2025
Wash. Pharmacy Strikes $600k Class Deal In Data Breach Suit
An Evergreen State pharmacy has agreed to a $600,000 class deal to end a lawsuit over a 2023 cyberattack that allegedly exposed the personal information of thousands of current and former customers and employees, according to recent filings in Washington federal court.
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March 11, 2025
Pharmacies To Appeal In Bid To Keep Making Weight Loss Drug
A group of compounding pharmacies said Monday they would appeal to the Fifth Circuit after a Texas federal judge denied an injunction that would allow compounding pharmacies to produce a lucrative weight loss drug.
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March 11, 2025
NTSB Flags Helicopters Near DCA As 'Intolerable Risk'
The National Transportation Safety Board recommended Tuesday that helicopter flights near Ronald Reagan Washington National Airport be permanently restricted following January's deadly midair collision over the Potomac River, saying helicopter traffic in the vicinity of a key airport runway poses an "intolerable risk to aviation safety."
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March 11, 2025
NJ AG Accuses Defunct Lender Of Racial Bias, Retaliation
The owner of a recently shuttered New Jersey-based cash advance business instructed sales staff not to "waste your time with the Chinese, with the Africans and Spanish," and he sent racist messages to employees in a group chat, according to an announcement from the New Jersey attorney general's office.
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March 11, 2025
Utilities Want FCC To Clarify TCPA Prior Consent Rule
Power utilities asked the Federal Communications Commission to clarify that federal law allows companies to contact customers about participating in company demand management programs, particularly by calling and texting customers during peak load periods encouraging them to shift energy consumption to nonpeak times.
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March 11, 2025
NJ Residents Push To Repackage Contaminated Water Claims
Residents of National Park, New Jersey, asked a state appellate court panel for permission to revive and amend their proposed class claims over contaminated water, arguing Tuesday that the allegations are a matter for tort law, not contract law.
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March 11, 2025
NY's Banking Regulator Hangs 'Help Wanted' Sign In DC
At a Washington, D.C., appearance on Tuesday, New York's top financial services regulator Adrienne Harris had a message for the legions of federal financial agency employees who have been cut loose by the Trump administration in recent weeks: She's hiring.
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March 11, 2025
Eli Lilly Suit Over Compounded Drugs Survives Dismissal
A Washington federal judge has trimmed Eli Lilly's lawsuit against two Seattle-area clinics and the doctors who run them for allegedly duping consumers into buying copycat versions of its diabetes and weight loss medications Mounjaro and Zepbound, nixing the pharmaceutical giant's consumer protection claim while preserving its trademark infringement and false advertising allegations.
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March 11, 2025
Entity That Got Ponzi Scheme Funds Must Face SEC Suit
A Texas federal judge has declined to free an entity that accepted part of proceeds from an $8.4 million Ponzi scheme from an SEC action, writing that he could "reasonably infer" the entity did not accept the funds in good faith.
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March 11, 2025
Hospital Orgs. Say MultiPlan Must Not Duck Price-Fix Claims
Hundreds of American hospitals are "on the brink of collapse" and letting MultiPlan and a host of insurers who have been accused of conspiring to underpay out-of-network providers off the hook will not improve matters, two groups that represent thousands of hospitals have told the court.
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March 11, 2025
Senate Confirms Gail Slater To Lead DOJ Antitrust
The Senate voted 78-19 on Tuesday to confirm Gail Slater to be assistant attorney general for the Antitrust Division at the U.S. Department of Justice.
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March 11, 2025
6th Circ. Won't Revisit FCC's Tanked Net Neutrality Rules
The Sixth Circuit on Tuesday turned down a bid by public interest groups for a full-court rehearing of January's decision to overturn the Federal Communications Commission's net neutrality rules.
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March 11, 2025
DOJ, Wayne-Sanderson Spar Over Data Sharing Deal
The U.S. Department of Justice told a Maryland federal court that Wayne-Sanderson Farms is continuing to share wage information despite a settlement over the practice, while the poultry producer argued that it does not exchange any competitively sensitive information.
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March 11, 2025
Vape Cos. Say Ky. Regulator Didn't Defend E-Cig Law
Vaping interests urging the Sixth Circuit to block the enforcement of a new Kentucky law regulating e-cigarettes have told the appellate court that the state's tobacco regulator tasked with enforcing the policy didn't even defend the law in recent court pleadings.
Expert Analysis
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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.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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11th Circ. TCPA Ruling Signals Erosion Of Judicial Deference
The U.S. Court of Appeals for the Eleventh Circuit recently came to the rescue of the lead generation industry, striking down new regulations that were set to go into effect on Jan. 27, a decision consistent with federal courts' recent willingness to review administrative decisions, say attorneys at Troutman.