Consumer Protection

  • February 24, 2025

    Chinese E-Cig Maker Removes Explosion Suit On Eve Of Trial

    A Chinese electronic cigarette maker has removed to federal court a suit alleging that the battery in one of its products exploded, just days before trial was set to start in Texas state court.

  • February 24, 2025

    Boehringer Ingelheim Wins Illinois Zantac Cancer Retrial

    An Illinois state jury swiftly sided with Boehringer Ingelheim on Monday over two men's claims that taking the company's over-the-counter Zantac for decades contributed to their prostate cancer diagnoses, handing each of the men a trial loss after juries in their previous trials had deadlocked.

  • February 24, 2025

    Elizabeth Holmes Loses 9th Circ. Appeal Over Theranos Fraud

    A Ninth Circuit panel on Monday affirmed the criminal fraud convictions of former Theranos CEO Elizabeth Holmes and former Theranos executive Ramesh "Sunny" Balwani along with their respective 11-year and nearly 13-year prison sentences, rejecting arguments that the lower court made multiple evidentiary errors that unfairly swayed jurors.

  • February 24, 2025

    Justices Won't Rehear Case Against NY Broadband Price Cap

    The U.S. Supreme Court on Monday again rejected a telecom industry bid to reverse a New York state law capping the price for basic broadband service plans that must be offered to low-income households after first turning down the case in December.

  • February 22, 2025

    NY Judge Extends Block On DOGE's Treasury Access

    A New York federal judge on Friday barred Elon Musk's Department of Government Efficiency from accessing U.S. Treasury Department data, handing a win to 19 state attorneys general who claimed giving the new entity access to citizens' personal information posed a massive cybersecurity risk.

  • February 21, 2025

    CFPB's Data Security In Spotlight After Agency Goes Dark

    The Consumer Financial Protection Bureau's de facto shutdown following the arrival of Elon Musk's Department of Government Efficiency is raising concerns that sensitive data inside the agency could be exposed or exploited. Experts say financial institutions should take note.

  • February 21, 2025

    FTC's Holyoak Has Her Eyes On DeepSeek

    Federal Trade Commission member Melissa Holyoak suggested Friday that DeepSeek, the Chinese artificial intelligence startup whose rise has roiled AI markets, could have competed unfairly if it really trained its model using ChatGPT in violation of OpenAI's policies, as has been suggested.

  • February 21, 2025

    Pepperdine Says Netflix, WB Series Rips Off 'Waves' Athletics

    Netflix and Warner Bros. Entertainment ripped off Pepperdine University's intellectual property, including the colors and branding of its basketball team, to create their forthcoming comedy series "Running Point" and create a false sense of affiliation, the university alleges in a trademark infringement lawsuit filed Thursday in California federal court.

  • February 21, 2025

    Trump-Targeted CFPB Drops Suit Against Online Lender

    The embattled Consumer Financial Protection Bureau told a California federal judge Friday that it has dropped litigation it filed against online lending platform SoLo Funds, which the watchdog agency had accused of deceiving borrowers about the total cost of loans.

  • February 21, 2025

    Colo. Woman Tells Jury Sterilization Plant Caused Cancer

    A woman claiming medical sterilization company Terumo caused a cancer cluster in her Colorado community took the stand Friday and told a state jury that her lymphoma gave her debilitating fatigue and self-doubt.

  • February 21, 2025

    CFPB Shutdown Means 'Irreparable Harm,' 23 State AGs Say

    Nearly two dozen attorneys general on Friday filed an amicus brief backing the union that represents Consumer Financial Protection Bureau workers in their lawsuit over the agency's shutdown, arguing they will suffer "several forms of irreparable harm" without a preliminary injunction.

  • February 21, 2025

    Verizon, T-Mobile Push For More Room In Upper C-Band

    T-Mobile and Verizon are excited about the Federal Communications Commission's plan to launch an inquiry into opening up parts of the upper C-band later this month, thanking the agency for "moving swiftly" on the issue.

  • February 21, 2025

    Calif. Lawmakers Unveil 'Polluters Pay' Superfund Legislation

    A pair of California lawmakers on Friday introduced legislation that would require the biggest polluters to pitch in and put a portion of their profits toward climate-related disaster mitigation, a measure they said aims to relieve the burden on taxpayers in the wake of catastrophes such as wildfires.

  • February 21, 2025

    Unilever Settles Class Suit Over Benzene In Shampoo

    Unilever has reached a deal in principle that should end a proposed class action accusing the consumer goods giant and its suppliers of selling carcinogen-tainted dry shampoo, according to a joint notice filed Thursday in Connecticut federal court.

  • February 21, 2025

    Judge Trims $40M Green Energy Co. Investor Suit

    A Tennessee federal judge won't toss a proposed class action claiming that a Chicago green energy outfit and its executives used false promises of extravagant returns to lure investors, but ruled two defendants can escape some of the suit's claims.

  • February 21, 2025

    WebMD Users Secure Class Certification In Video Privacy Suit

    WebMD faces a certified class action accusing the health information site of violating federal law by sharing roughly half a million of its users' video-viewing history with Facebook, after a Georgia federal judge rejected some of the website's arguments against certification as "absurd."

  • February 21, 2025

    Payday Lender Says CFPB Uncertainty Should Pause Suit

    ACE Cash Express has asked a Texas federal judge to pause a case launched by the Consumer Financial Protection Bureau accusing the payday lender of concealing free repayment plans from struggling borrowers, saying it is unclear how the agency will move forward with the action now that the Trump administration has effectively shut it down. 

  • February 21, 2025

    Eli Lilly Has Exclusivity Over Weight Loss Drug, FDA Says

    The U.S. Food and Drug Administration asked a Texas federal court to reject a request for an injunction that would allow compounding pharmacies to produce a lucrative weight loss drug, saying the agency based its decision on sound facts and it was within its authority.

  • February 21, 2025

    Telecom Biz Re-Ups Push To Exempt BEAD Funds From Taxes

    The telecom industry is again pressing policymakers to make income from federal broadband deployment grants tax-free.

  • February 21, 2025

    CFPB's $8 Late Fee Rule On Ropes As Banks Move In For Kill

    The U.S. Chamber of Commerce and other trade groups have urged a Texas federal judge to strike down the Consumer Financial Protection Bureau's $8 credit card late fee rule once and for all, saying, among other things, that the CFPB is itself a "veritable issue-spotter of constitutional law violations."

  • February 21, 2025

    Golf Course Operator Wants Workers' Data Breach Suits Axed

    KemperSports is asking an Illinois federal judge to permanently toss a group of current and former employees' lawsuits over an April data breach, arguing it's clear they have no claims since "nothing apparently has happened" to them nearly a year after the incident.

  • February 21, 2025

    Delta Hit With First Negligence Suits Over Toronto Crash

    Delta Air Lines was hit with the first pair of negligence suits in Georgia and Minnesota federal court over a harrowing crash in Toronto during which the plane caught fire, skidded across the runway with its wings broken off and flipped upside down.

  • February 21, 2025

    FanDuel Demands Arbitration For Ex-Jaguars Employee Suit

    The former NFL team administrator now imprisoned for embezzlement is bound by an arbitration clause in his FanDuel contract, the betting platform argued Friday in its motion to send a $250 million New York federal lawsuit to arbitration.

  • February 21, 2025

    Exxon Can't Dodge RICO Claims In Puerto Rico Federal Court

    A U.S. magistrate judge said Puerto Rican municipalities should be allowed to pursue racketeering and antitrust claims against energy companies including Exxon Mobil Corp. that they allege misrepresented the climate dangers of fossil fuel products.

  • February 21, 2025

    Dispute Over FDA Menthol Cigarette Ban Paused Until August

    A California federal judge has agreed to pause a lawsuit alleging that federal health regulators slow-walked implementing a ban on menthol cigarettes while new leadership assumes control of the U.S. Department of Health and Human Services.

Expert Analysis

  • Reviewing 2024's State Consumer Privacy Law Enforcement

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    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.

  • Preparing For The New Restrictions On Investment Into China

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    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.

  • Teaching Your Witness To Beat The Freeze/Appease Response

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    In addition to fight-or-flight, witnesses may experience the freeze/appease response at trial or deposition — where they become a deer in headlights, agreeing with opposing counsel’s questions and damaging their credibility in the process — but certain strategies can help, says Bill Kanasky at Courtroom Sciences.

  • Think Like A Lawyer: 1 Type Of Case Complexity Stands Out

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    In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.

  • FTX Exec's Sentencing Shows Pros And Cons Of Cooperation

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    The sentencing of former FTX tech deputy Gary Wang, whose cooperation netted him a rare outcome of no prison time, offers critical takeaways for attorneys and clients navigating the burgeoning world of crypto-related prosecutions, says Andrew Meck at Whiteford.

  • SEC Custody Rule Creates Crypto Compliance Conundrum

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    While the U.S. Securities and Exchange Commission's application of the custody rule may be a good faith attempt to enhance consumer protections for client assets, it doesn't appreciate the unique characteristics of crypto-assets, forcing advisers to choose between pursuing their clients' objectives and complying with the rule, say attorneys at Willkie.

  • Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity

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    Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.

  • Tracking The Uncertainty Of The FTC's Negative Option Rule

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    The fate of the Federal Trade Commission's final rule requiring businesses that utilize negative options to provide consumers with a simple cancellation method remains in limbo as it faces multiple legal challenges and the threat of possible congressional action looms, say attorneys at Manatt.

  • Antitrust in Retail: Handbag Ruling Won't Go Out Of Fashion

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    Although a New York federal court’s recent decision to enjoin a proposed $8.5 billion merger between the owners of Michael Kors and Coach applied noncontroversial antitrust interpretations, several notable aspects of the opinion stand out as likely candidates for further discussion in future merger litigation, say attorneys at Holland & Knight.

  • Series

    Gardening Makes Me A Better Lawyer

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    Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.

  • SEC Prioritized Enforcement Sweeps As Cases Slowed In '24

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    Following three consecutive years of increasing activity, fiscal year 2024 marked the lowest number of cases the U.S. Securities and Exchange Commission has brought since Gary Gensler assumed office in April 2021, buttressed by some familiar enforcement sweeps, say attorneys at Covington.

  • Litigation Inspiration: Reframing Document Review

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    For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.

  • Key Takeaways From FDA's Latest Social Media Warnings

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    The U.S. Food and Drug Administration's latest untitled letter concerning a drug company's social media promotion provides lessons for how companies should navigate risk presentation, FDA labeling requirements and superiority claims, say attorneys at Sheppard Mullin.

  • 2 Cases Show DAOs May Face Increasing Legal Scrutiny

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    Two ongoing cases that recently survived motions to dismiss in California federal courts concerning Compound DAO and Lido DAO threaten to expand the potential liability for activity attributed to decentralized autonomous organizations — and to indirectly create liability for their participants, say attorneys at Cahill Gordon.

  • Expect More State Scrutiny Of PE In Healthcare M&A

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    While a California bill that called for increased antitrust scrutiny of many healthcare private equity transactions was recently vetoed by the governor, state legislatures are likely to continue introducing similar laws, particularly if the Trump administration eases federal enforcement, say attorneys at Morgan Lewis.

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