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Consumer Protection
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January 09, 2025
Kroger Drops FTC Constitutionality Fight After Nixed Merger
Kroger on Thursday voluntarily dismissed its case challenging the constitutionality of the Federal Trade Commission's in-house court, after the agency dropped its administrative case targeting the grocery chain's abandoned deal for Albertsons.
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January 09, 2025
Susman Godfrey Vies To Help Lead Crypto DAO Suit
Susman Godfrey LLP has asked a federal judge in California to allow it to serve as co-lead counsel in an investor lawsuit against decentralized autonomous organization Lido DAO and its large institutional investors over allegedly unregistered securities sold in the form of crypto tokens.
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January 09, 2025
CFPB Taps First Open Banking Industry Standards Setter
The Consumer Financial Protection Bureau has given Financial Data Exchange Inc. the green light to set standards for open banking in a first of its kind approval aimed at giving customers more control over their financial data.
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January 09, 2025
DOJ Wants Time At 9th Circ. In Zillow, NAR Antitrust Case
The U.S. Department of Justice has asked the Ninth Circuit for permission to appear at oral arguments in an appeal looking to revive antitrust claims from a defunct brokerage platform against Zillow and the National Association of Realtors.
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January 09, 2025
Credit Card Case Should Have Been Remanded, 7th Circ. Says
An Illinois district court faced with competing motions to remove a credit card receipt dispute from its docket should have returned the suit to state court rather than grant the Army and Airforce Exchange Service's bid to dismiss it, the Seventh Circuit said Wednesday.
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January 09, 2025
Ark. Cites 4th Circ. Ruling In Dispute Over Hemp THC Limit
Arkansas is pointing the Eighth Circuit's judges toward an opinion earlier this week from their colleagues in the Fourth Circuit, saying they should consider it as they mull whether to allow the state's regulations on intoxicating hemp products to stand.
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January 09, 2025
Stem Cell Therapy Co. Hit With $5.1M Deceptive Ad Judgment
A Georgia federal judge has ordered a stem cell therapy company and its co-founders to pay the state $5.1 million for falsely marketing its product as a cure-all miracle treatment for a slew of different medical conditions.
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January 09, 2025
Plane Crash Victims Tell NC Panel To Toss Engine Co. Appeal
The estates of four plane crash victims have asked the North Carolina state appeals court to throw out what they characterize as a last-ditch effort by defense giant Avco Corp. and its subsidiary Lycoming Engines to avoid going to trial, saying the appeal is two years too late.
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January 09, 2025
DirecTV, Dish Say Sports Streamer Harmful Despite Fubo Deal
DirecTV and Dish are hoping to pump the brakes on any immediate plans to unwind a New York federal court's injunction stopping the ESPN, Fox and Warner Bros. Discovery joint sports venture from hitting the market after Disney announced its majority acquisition of the deal's biggest challenger, Fubo, this week.
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January 09, 2025
Highgate Hotels Hit With Suit Over Months-Long Data Breach
A former employee seeking to represent a class claimed in New York federal court that real estate and hospitality management company Highgate Hotels failed to use basic cyberattack prevention tools, allowing hackers to access employee records for months.
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January 09, 2025
VITAS Must Face Wiretap Suit Over Customer Service Calls
A California federal judge declined to toss a putative class action alleging VITAS Healthcare violated wiretapping laws by helping a third-party software developer eavesdrop on calls with VITAS' customers, noting Wednesday the third party was capable of using the data derived from the calls for its own purposes.
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January 09, 2025
5 Questions Attys Have About Supreme Court's TikTok Case
The U.S. Supreme Court will hear arguments Friday in TikTok's challenge to a law requiring the wildly popular social media platform to be divested from its Chinese parent company over national security concerns or face a nationwide ban, in an unusual First Amendment case attorneys say also raises broad procedural and legal questions.
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January 09, 2025
SharkNinja Customer Sues For $3.75M After Blender Explodes
A woman who was nearly blinded when her Ninja brand blender "exploded" claimed SharkNinja's design of the appliance was defective in a complaint transferred to Michigan federal court this week.
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January 09, 2025
Yale Wins Info Battle In $435M Hospital Sale Contract Fight
Three Connecticut property owners must hand over internal analyses and communications to Yale New Haven Health Services Corp. as it seeks evidence in support of its bid to back out of a $435 million deal to purchase hospitals from Prospect Medical Holdings Inc., a state court judge ruled.
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January 09, 2025
Calif. Insurance Chief Blocks Policy Cancellation In Fire Zones
Insurance companies can't cancel or refuse to renew homeowners coverage for policyholders in the immediate vicinity of the Los Angeles wildfires for one year, the California Department of Insurance announced as fires continue to ravage Southern California.
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January 09, 2025
Horizon Bank Flag On Large Check Not Biased, 6th Circ. Says
A Sixth Circuit panel upheld Horizon Bank's defeat of allegations that the bank discriminated against a Black customer based on her race, finding bank staff did not act with hostility when they flagged a large settlement check she deposited as suspicious and froze her debit card.
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January 09, 2025
DOJ Fights Apple's Intervention In Google Search Remedies
The U.S. Department of Justice is opposing Apple Inc.'s "eleventh-hour effort" to have a say in what should be a proper fix for Google's search monopoly, telling a D.C. federal judge that the company has had ample opportunity to defend its lucrative revenue-sharing agreement with Google.
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January 09, 2025
Chamber, Bank Groups Press For Halt To CFPB Overdraft Rule
The U.S. Chamber of Commerce, the Bank Policy Institute and several other banking industry groups have added their voices in opposition to the Consumer Financial Protection Bureau's new $5 overdraft fee rule through amici curiae briefs filed in Mississippi federal court.
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January 09, 2025
Texas Appeals Court Frees Google Of Incognito Mode Suit
A Texas appeals court wiped Texas' deceptive trade practices suit alleging Google misleads consumers about the privacy available through its "Incognito" mode, finding in a Thursday opinion the lower court doesn't have jurisdiction to hear the case.
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January 09, 2025
Trump's Return Brings 'Deeper Anxiety' To DOJ Fraud Attys
White collar practitioners say they've heard from U.S. Department of Justice attorneys who are anxiously bracing for the possibility of working with fewer resources while confined to narrower enforcement priorities after Donald Trump returns to the Oval Office.
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January 08, 2025
CFPB Plots Personal Lender Oversight, Funds Access Rules
The Consumer Financial Protection Bureau said Wednesday that it plans to pursue a pair of rulemakings aimed at speeding up the availability of deposited funds at banks and bringing larger nonbank personal lenders under its supervision.
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January 08, 2025
Consumers Get Class Cert. In Suit Over Law Firm's Robocalls
A West Virginia federal judge has granted class status to consumers who are accusing a plaintiffs' firm of violating the Telephone Consumer Protection Act by blasting them with unsolicited calls seeking their participation in litigation against the federal government over contaminated water at Marine Corps Base Camp Lejeune.
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January 08, 2025
Fiat Chrysler Hit With Jeep Hood Fire Defect Class Action
Automaker FCA US LLC, part of Stellantis NV, on Tuesday was hit with a proposed class action in Michigan federal court over allegations that certain Jeep vehicles made between 2021 and 2023 were prone to catching on fire, causing serious, even "catastrophic" damages.
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January 08, 2025
Meta, Microsoft, Google Seek To Toss DNA Data-Sharing Suit
DNA-testing platform Nebula Genomics, Meta Platforms, Microsoft and Google urged a Chicago federal judge to toss a putative class action accusing the companies of surreptitiously misusing customers' genetic data through tracking software on Nebula's website, arguing that the complaint lacks specifics tying the defendants to alleged wrongdoing.
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January 08, 2025
FCC Hikes Fines For Failing To Comply With Robocall Rules
The Federal Communications Commission unveiled rules Wednesday to increase the penalties that telecommunication companies could face if they don't comply with their obligation to send information to a central database that tracks anti-robocall compliance.
Expert Analysis
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A Look At SEC, CFTC's Record Year For Whistleblower Awards
Another banner year shows that the U.S. Securities and Exchange Commission and U.S. Commodity Futures Trading Commission have developed the gold standard for whistleblower award programs, but a CFTC funding crisis threatens to derail that program's success, say Andrew Feller and Geoff Schweller at Kohn Kohn.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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The Prospects Of Pa. Gaining Its Own Antitrust Law After 2024
In the only state that does not have its own antitrust law, Pennsylvania's business community's strong opposition to the Pennsylvania Open Markets Act signals a rough road lies ahead for passage of the bill after Republicans retained a narrow majority in the state Senate, say attorneys at BakerHostetler.
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Expect Continuity In 2025 Anti-Money Laundering Policy
The past year has seen a range of anti-money laundering actions from federal financial regulators, and notwithstanding the imminent change from the Biden administration to the Trump administration, continuity may be more prevalent than change in the AML compliance space in 2025, say attorneys at White & Case.
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5 Notable Anti-Money Laundering Actions From 2024
Regulators' renewed interest in anti-money laundering programs in 2024 led to numerous enforcement actions and individual prosecutions in industries like banking, cryptocurrency and gaming, including the blockbuster TD Bank settlement and investigations of casinos in Nevada, says Michael Beckwith at Dickinson Wright.
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How Attorneys Can Master The Art Of Eye Contact At Trial
As a growing body of research confirms that eye contact facilitates communication and influences others, attorneys should follow a few pointers to maximize the power of eye contact during voir dire, witness preparation, direct examination and cross-examination, says trial consultant Noelle Nelson.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Strategies For Home Equity Investment Providers In 2025
The home equity investment product market is thriving even amid consumer concerns, regulatory scrutiny and conflicting court decisions, setting the stage for a promising but challenging environment for providers in 2025, say attorneys at Sheppard Mullin.
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Marketing Messages Matter In State AG Consumer Protection
Attorneys general interpret marketing claims far more broadly than many companies may realize, so to mitigate potential risk, businesses should be vigilant about all consumer messaging, including communications that may not traditionally be considered advertising in the colloquial sense, say attorneys at Cozen O'Connor.
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Cos. Must Brace For New PFAS Regulations And Litigation
The U.S. Environmental Protection Agency recently proposed adding over 100 per- and polyfluoroalkyl substances to the Toxic Release Inventory — and with increasing scrutiny of PFAS from the states and the plaintiffs bar as well, companies should take steps to reduce risks in this area, say attorneys at Dechert.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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How CFPB Rule Would Affect Data Brokers And Beyond
The Consumer Financial Protection Bureau recently proposed a rule that would not only expand data broker oversight by classifying many as consumer reporting agencies, but would also impose new limitations on companies seeking to obtain information from them, potentially requiring such entities to alter their business models, say attorneys at Orrick.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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Reviewing 2024's State Consumer Privacy Law Enforcement
While we are still in the infancy of state consumer privacy laws, a review of enforcement activity this year suggests substantial overlaps in regulatory priorities across the most active states and gives insight into the likely paths of future enforcement, says Thomas Nolan at Quinn Emanuel.
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Preparing For The New Restrictions On Investment Into China
In light of a new regulatory program governing U.S. investments in China-related technology companies of national security concern, investors should keep several considerations in mind, including the rules' effect on existing and new investments, compliance hurdles, and penalties for noncompliance ahead of the rules' January implementation, say attorneys at Gunderson Dettmer.