Consumer Protection

  • September 05, 2024

    Biden Admin Issues Plans To Address PFAS Use, Exposure

    The Biden administration has said it will continue to look for new technologies to remove so-called forever chemicals from the environment and find safe alternatives for the substances, which are used in a vast number of consumer and commercial products.

  • September 05, 2024

    Target Says TikTok Claims Are No Match For Actual Facts

    Target told a federal court Wednesday that allegations it secretly employed facial recognition technology to collect shoppers' biometric data without their consent have no basis in fact.

  • September 05, 2024

    Fraud Claims Trimmed In Faulty VW Turbocharger Suit

    A New Jersey federal judge has thrown out the bulk of a putative class action suit from a woman alleging vehicles made and sold by Volkswagen Group of America Inc. had faulty turbochargers, only allowing a claim that the automaker was aware of the defect and failed to warn buyers.

  • September 05, 2024

    DOJ And Google Set For Trial, Again, This Time Over Ad Tech

    The U.S. Department of Justice is up Monday for its second high-stakes trial against Google in a year, going after the alleged monopolization of key digital advertising technology in Virginia federal court.

  • September 05, 2024

    Attys' Group Urges Justices To Back Trucker's CBD RICO Suit

    The American Association for Justice is urging the Supreme Court to side with a trucker whose racketeering claims against CBD companies allege their false advertisements cost him his job, arguing that the plain text of the Racketeer Influenced and Corrupt Organizations Act allows his claims of injury to "business or property."

  • September 05, 2024

    Conn. Bar Says Woman Owes Exhibits In Suit Over Exam Tech

    A bar examinee suing the Connecticut Bar Examining Committee and ExamSoft over an alleged software crash that hindered her ability to complete the exam has failed to file three exhibits referenced in her complaint, which the committee said Thursday makes it difficult to move to dismiss the matter.

  • September 05, 2024

    Flyers Denied $34M Fee For JetBlue, Spirit Deal Challenge

    Airline passengers who launched an antitrust lawsuit over JetBlue's since-scrapped plan to merge with Spirit won't recoup any of the $34 million in legal fees they urged a Massachusetts federal court to award because the travelers can't be considered to have won on their claims, a federal judge in Boston said Thursday.

  • September 05, 2024

    Ill. Judge Exits Home Sellers' Broker Fees Antitrust Suit

    An Illinois federal judge has recused herself from a certified and settled class action that accused the National Association of Realtors and multiple major brokerages of conspiring to charge artificially inflated broker commissions for home sellers.

  • September 05, 2024

    Ticketmaster Faces UK Probe Over Oasis Tour Sales

    The competition watchdog said Thursday it has launched an investigation into Ticketmaster over concerns that it duped fans of Oasis into paying higher prices for their tickets to the rock band's scheduled reunion concerts using so-called dynamic pricing.

  • September 04, 2024

    Robinhood Inks $3.9M Deal In Calif.'s Crypto Withdrawal Probe

    Robinhood's cryptocurrency trading platform will pay a $3.9 million penalty to resolve the state of California's claims that the Menlo Park-based company didn't allow customers to make withdrawals from their accounts from 2018 to 2022, California Attorney General Rob Bonta announced on Wednesday.

  • September 04, 2024

    X Stops Training Grok On EU Users' Posts To End Irish Action

    X Corp., the former Twitter, has agreed to permanently halt its efforts to train its chatbot Grok on personal data lifted from public posts made by its European Union users in order to resolve an urgent proceeding pressed by Ireland's data protection authority, the regulator announced Wednesday.

  • September 04, 2024

    Albertsons CEO Takes Stand On Kroger Merger, Missing Texts

    Federal Trade Commision attorneys on Wednesday pressed Albertsons Cos. Inc. CEO Vivek Sankaran in Oregon federal court about why he had such dire predictions about the company's future without a merger with Kroger despite previous statements about how his company had been crushing the competition.

  • September 04, 2024

    UBS Financial Gets Wrapped Up In Cash Sweep Class Action

    UBS Financial Services has been hit with a proposed class action suit alleging it prioritized its own financial interests and those of its affiliated banks over customers by using its cash sweep program to direct customers' uninvested cash balances into accounts that disproportionately benefited the investment bank.

  • September 04, 2024

    SEC Fines NJ Financial Cos. For Whistleblowing Violations

    New Jersey-based brokerage Nationwide Planning Associates Inc. and two affiliated investment advisers have agreed to collectively pay $240,000 to settle allegations that they prevented their clients from acting as whistleblowers, the U.S. Securities and Exchange Commission announced Wednesday.

  • September 04, 2024

    Universal Service Fund's End Called Crushing For Broadband

    A rural telecom trade association is warning of skyrocketing rates and provider loan defaults if the U.S. Supreme Court upholds a Fifth Circuit decision to end the Universal Service Fund as it's currently constructed, citing internal survey findings that 68% of responding telecoms would cancel broadband deployment projects next year.

  • September 04, 2024

    FCC Plans To Tighten Vise On Scam Calls, Texts

    The Federal Communications Commission plans to vote this month on additional rules intended to further its fight against unwanted and scam robocalls and texts.

  • September 04, 2024

    SEC Says $5M Fraud Scheme Targeted Venezuelan-Americans

    A pair of Miami area residents and a company they control have agreed to pay the U.S. Securities and Exchange Commission over $3.25 million to settle affinity fraud allegations involving a purported proprietary automated trading platform they were developing.

  • September 04, 2024

    FCC Sued In 5th Circ. Over Wi-Fi Plan For Schools, Libraries

    A couple who run an anti-cyberbullying nonprofit are suing the Federal Communications Commission in the Fifth Circuit over its new rules to subsidize Wi-Fi service for school and library users off campus, saying the subsidy violates limits built into the law that created the E-Rate program.

  • September 04, 2024

    Amazon Disclosures Doom Prime Viewers' Deception Claims

    A Washington federal judge on Tuesday threw out Amazon Prime subscribers' claims that the company illegally disclosed their personal viewing habits, axing some of their state law consumer protection allegations for good while providing an avenue for them to amend their federal claims.

  • September 04, 2024

    Market Realities On, Merger Reviews Off Table In Ad Tech Trial

    A Virginia federal judge put slight limits Wednesday on the evidence the U.S. Justice Department and Google LLC can present in next week's advertising technology monopolization suit, allowing Google to push its own views of the market but limiting its ability to bring up past merger reviews.

  • September 04, 2024

    Whittaker Seeks $535M Deal In Talc Cases Tied To Berkshire

    Bankrupt talc supplier Whittaker Clark & Daniels Inc. asked a New Jersey bankruptcy court to approve a $535 million settlement that will resolve claims against companies including Berkshire Hathaway Inc., chemical distributor Brenntag and DB US Holding Corp.

  • September 04, 2024

    9th Circ. Blocks Calif.'s Social Media Content Disclosure Law

    The Ninth Circuit ruled Wednesday that a trial judge wrongly denied X Corp.'s bid to block parts of a new California law that requires social media giants to disclose their content-moderation policies, finding that provisions requiring the companies to disclose how and whether they define extreme content are likely unconstitutional.

  • September 04, 2024

    NC Biz Court Bulletin: Blackbeard IP Fight, Firm Data Breach

    As summer winds down, the North Carolina Business Court tackled usage rights pertaining to footage and artifacts from Blackbeard's shipwreck while grappling with uncovering the details of a cyberattack that exposed the data of Cadwalader Wickersham & Taft LLP. In case you missed those and others, here are the highlights.

  • September 04, 2024

    Ex-Lender Says FDIC Can't 'Trap' Him In Dispute Without Trial

    A former small-business financier has doubled down on his push to immediately halt an enforcement proceeding against him filed by the Federal Deposit Insurance Corp., arguing it would be unjust to block his claims after a "sea change" in relevant case law.

  • September 04, 2024

    Solana Labs Denied Arbitration In Token Crypto Fraud Suit

    A California federal judge has denied a motion to compel arbitration in a suit alleging Solana Labs Inc. and its key investors promoted and sold Solana cryptocurrency tokens as unregistered securities, saying that Solana failed to prove that the lead plaintiff agreed to the terms of service that included an arbitration clause, among other things.

Expert Analysis

  • Unpacking Jurisdiction Issues In 3rd Circ. Arbitration Ruling

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    The Third Circuit's recent ruling in George v. Rushmore Service Center could be interpreted to establish three principles regarding district courts' jurisdiction to enter arbitration-related orders under the Federal Arbitration Act, two of which may lead to confusion, says David Cinotti at Pashman Stein.

  • Why Attorneys Should Consider Community Leadership Roles

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    Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

  • 'Pig Butchering': The Scam That Exploits Crypto Confusion

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    Certain red flags can tip off banks to possible "pig-butchering," and with the scam's increasing popularity, financial institutions need to take action to monitor entry points into the crypto space, detect suspicious activity and provide a necessary backstop to protect customers, say Brandon Essig and Mary Parrish McCracken at Lightfoot Franklin.

  • Opinion

    Agencies Should Reward Corporate Cyber Victim Cooperation

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    The increased regulatory scrutiny on corporate victims of cyberattacks — exemplified by the U.S. Securities and Exchange Commission's case against SolarWinds — should be replaced with a new model that provides adequate incentives for companies to come forward proactively and collaborate with law enforcement, say attorneys at McDermott.

  • How Transaction Lookbacks Can Guide Fintech Companies

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    As transaction lookbacks continue to be a key focus of enforcement actions, newer financial institutions like fintech companies should know they can benefit from proactively investigating their potential failure to identify suspicious activity, creating a compliance road map and building trust with regulators in the process, say attorneys at Jenner & Block.

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

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    After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

  • Opinion

    CFPB's AI Stance Backslides On Innovation Issues

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    The Consumer Financial Protection Bureau's recent response to a Treasury Department's request for information about artificial intelligence in the financial services sector uses alarmist rhetoric about the technology's risks, ceding an opportunity to help shape this important discussion, says Mike Silver at Husch Blackwell.

  • How Ripple Final Judgment Fits In Broader Crypto Landscape

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    The Southern District of New York's recent $125 million civil penalty levied in U.S. Securities and Exchange Commission v. Ripple will have a broad impact on the crypto industry as it was the first to hold that blind sales of digital assets are not securities, even if deemed securities in other circumstances, say attorneys at BakerHostetler.

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • The Bank Preemption Ripple Effects After Cantero, Flagstar

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    The importance of federal preemption for financial institutions will only increase as technology-driven innovations evolve, which is why the U.S. Supreme Court's recent decision in Cantero v. Bank of America and vacatur of Kivett v. Flagstar Bank have real modern-day significance for national banks, say attorneys at WilmerHale.

  • IP Hot Topic: The Intersection Of Trademark And Antitrust Law

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    Antitrust claims – like those in the U.S. Department of Justice’s recent case against Apple – are increasingly influencing trademark disputes and enforcement practices, demonstrating how antitrust law can dilute the power of a trademark, say attorneys at Dentons.

  • When Trauma Colors Testimony: How To Help Witnesses

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    As stress-related mental health issues continue to rise, trial attorneys must become familiar with a few key trauma-informed strategies to help witnesses get back on track — leaning in to the counselor aspect of their vocations, say Ava Hernández and Steve Wood at Courtroom Sciences.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • What Cos. Need to Know About Battery Labeling Law

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    With new labeling requirements for button cell battery packaging taking effect in September, manufacturers and importers must review compliance, testing procedures, and necessary paperwork as the consequences of noncompliance can lead to costly penalties and supply chain woes, says Aasheesh Shravah at CM Law.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

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