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Consumer Protection
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February 20, 2025
No Deal In Sight For DOJ's Case Against Amex GBT Merger
The Justice Department and American Express Global Business Travel appear unlikely to settle a government challenge to the planned $570 million purchase of CWT, according to a New York federal court filing that came just a day after the transaction got a boost from U.K. authorities.
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February 20, 2025
Home Equity Lender Preys On Consumers, Mass. AG Alleges
Home equity investment company Hometap Equity Partners is violating Massachusetts consumer protection laws by offering what amounts to unregulated versions of reverse mortgages to vulnerable consumers, the state's attorney general charged in a lawsuit filed Wednesday in state court.
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February 20, 2025
Competition Group Of The Year: Cravath
Cravath Swaine & Moore LLP scored a trailblazing antitrust verdict for Epic Games when a California federal jury decided Google's Play Store illegally dominated the Android app market, making Cravath one of the 2024 Law360 Competition Groups of the Year.
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February 20, 2025
EV Maker Nikola Aims For Quick Ch. 11 Sale
Counsel for Nikola Corp., which makes electric and hydrogen-powered trucks, told the Delaware bankruptcy court on Thursday the company hopes to hold a bankruptcy auction by the end of March and find a buyer before its cash runs out in mid-April.
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February 20, 2025
Sen. Warren Wants DOJ To Probe Disney-FuboTV Deal
Sen. Elizabeth Warren is calling on the U.S. Department of Justice to "closely scrutinize" Disney's acquisition of a majority stake in the live television streamer Fubo, saying the deal raises serious antitrust concerns and could allow Disney to inflate prices.
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February 20, 2025
BakerHostetler Environmental Pro Jumps To Morgan Lewis
Morgan Lewis & Bockius LLP has hired the former national co-chair of BakerHostetler's environmental team as a partner in its environmental litigation practice, the firm said Thursday.
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February 19, 2025
Eaton Fire Class Action Blames SoCal Edison Power Lines
Southern California Edison was hit with a proposed class action Tuesday alleging that its failure to maintain its electrical grid and shut down power lines during fire weather conditions sparked the Eaton Fire that killed 17 people and destroyed more than 9,000 structures in Altadena, California.
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February 19, 2025
Meta Should've Preserved Health Tracking Data, Judge Says
A California federal judge considering sanctions against Meta for deleting data in privacy litigation over a Facebook tool's collection of patient health information said Wednesday that he's not convinced Meta had "malintent," but said, "I do think this information should have been preserved."
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February 19, 2025
News Site Ditches Suit Over Sharing Of Visitors' IP Addresses
A New York federal judge has tossed a proposed class action accusing online business news site Insider Inc. of unlawfully disclosing website visitors' IP addresses to a third party, finding that the plaintiff had failed to establish the type of concrete injury necessary to sustain his claims under California law.
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February 19, 2025
2nd Circ. Affirms 'Reverse Redlining' Verdict Against Lender
A split Second Circuit panel Wednesday upheld a jury verdict finding Emigrant Mortgage Co. engaged in "reverse redlining" by targeting Black and Latino homeowners with predatory loans, affirming the claims began accruing when the plaintiffs learned they were the victims of discrimination and not when the loans were signed.
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February 19, 2025
Broadband Maps Should ID Subsidized Networks, FCC Told
NTCA — The Rural Broadband Association urged the Federal Communications Commission to update the National Broadband Maps to include whether a location is served by an unsubsidized competitor and therefore not eligible for high-cost support from the agency, saying it would make the situation easier for everyone.
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February 19, 2025
Citi Moves To Appeal NY Judge's Wire Fraud Protection Ruling
Citibank NA has asked a New York federal judge for permission to appeal his decision allowing New York's attorney general to move forward with a lawsuit accusing the bank of failing to respond properly to incidents of online wire fraud.
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February 19, 2025
Lululemon Gets 'Greenwashing' Ads Suit Tossed
Lululemon Athletica Inc. has escaped a proposed class action accusing it of misleading the public into thinking the company is environmentally friendly, after a Florida federal judge tossed the suit because the consumers couldn't make a price-premium connection.
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February 19, 2025
'Death Knell' For SEC Dealer Rule As Regulator Drops Appeal
The U.S. Securities and Exchange Commission on Wednesday dropped its bid to revive its expansion of the dealer definition at the Fifth Circuit after industry groups representing private funds and crypto firms successfully challenged the rule in Texas federal court last year.
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February 19, 2025
PVC Pipe Giant Atkore Discloses DOJ Grand Jury Probe
Atkore Inc.'s antitrust woes have grown from civil price-fixing litigation targeting the company's PVC pipe manufacturing, according to a new investor filing disclosing a U.S. Department of Justice criminal investigation.
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February 19, 2025
FTC 'Independence' When Dissent Can 'Get You Fired'
The independence of agencies meant to run separately from the executive branch is on the chopping block and observers say that while the Federal Trade Commission already aligns itself with the White House to a large degree, unrestricted presidential power over commissioners could reshape the FTC in important ways.
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February 19, 2025
Robinhood Says It Faces New Scrutiny From States, FDIC
Online brokerage Robinhood is facing investigations from Massachusetts' state securities regulator and the Federal Deposit Insurance Corp. alongside an ongoing probe from the New York attorney general, the firm disclosed in its latest filing with the U.S. Securities and Exchange Commission.
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February 19, 2025
NY Vows To Fight Trump's Bid To Kill Congestion Pricing
New York officials vowed to continue implementing congestion pricing after the Trump administration moved to kill the program Wednesday, teeing up an intense legal battle by swiftly launching a counterattack in federal court to preserve the tolls on all vehicles entering Manhattan's busiest corridor.
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February 19, 2025
SEC Says Duo Ran $1.5M Scam To Fund Deal With Red Flags
The U.S. Securities and Exchange Commission has accused two California insurance brokers and their firm of fraudulently raising $1.5 million from an investor and then losing the money to an overseas investment scheme that the agency said presented many red flags.
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February 19, 2025
FCC Decision To Nix Complaint Against Fox TV Appealed
A media advocacy group appealed a mid-January Federal Communications Commission decision to toss a complaint against Fox TV's Philadelphia station over misinformation that aired following the 2020 election.
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February 19, 2025
Prospect Medical Blames Yale Lawsuit For Ch. 11 Filing
Bankrupt hospital operator Prospect Medical Holdings is seeking to convince a Connecticut federal judge to have a bankruptcy court oversee a $435 million lawsuit through which Yale New Haven Health is trying to back out of buying three Prospect hospitals, saying the case played a key role in its bankruptcy filing.
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February 19, 2025
Judge Won't Halt PBM Case Over Attack On FTC Independence
A Missouri federal judge refused to temporarily block the Federal Trade Commission's in-house case accusing pharmacy benefits managers of artificially inflating insulin prices through unfair rebate schemes, rejecting the PBMs' claims that the Trump administration's attempt to eliminate safeguards protecting FTC members from at-will presidential removal favors their attempt to stop the case.
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February 19, 2025
US Lagging China In Spectrum Use, Experts Tell Senate
The U.S. is rapidly losing ground to China in developing commercial uses for spectrum because it lacks an aggressive policy to make more government-controlled airwaves available for wireless and satellite communications, experts told the U.S. Senate on Wednesday.
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February 19, 2025
Hemp Cos. Drop Suit Challenging Va. THC Regulations
A hemp product maker and retailer on Wednesday dropped their suit in federal court challenging a Virginia law restricting the sale of hemp-derived intoxicants a month after the Fourth Circuit affirmed that the law was not preempted by the 2018 Farm Bill that legalized the sale of industrial hemp.
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February 19, 2025
Crypto Group Urges Rollback Of IRS Broker Rule
A coalition of members of the cryptocurrency trade group Blockchain Association urged congressional leaders Wednesday to repeal a final U.S. Treasury Department rule implementing additional reporting requirements for decentralized finance brokers.
Expert Analysis
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Recent Listeria Outbreaks Hold Key Compliance Lessons
Listeria outbreaks in ready-to-eat foods from Boar's Head and other companies, and the U.S. Department of Agriculture and U.S. Food and Drug Administration responses to these outbreaks, should be closely evaluated from an overall compliance and risk management perspective by food manufacturers, retailers and industry investors, say attorneys at Kirkland.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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8 Tech Tips For Stress-Free Remote Depositions
Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.
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How To Safely Leverage AI In The Digital Assets Industry
Digital asset businesses that use or plan to implement artificial intelligence should assess their risk management frameworks to ensure that AI-related business areas, including customer support and fraud detection, are in compliance with applicable laws and regulatory guidance from the last year, say attorneys at Winston & Strawn.
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What Cos. Can Learn from Water Microplastics Class Actions
Class actions against companies whose bottled spring water allegedly contains microplastics, challenging claims such as "natural" and "100% spring water," seem to be drying up — but these cases serve as a good reminder to other businesses to review regulatory standards, and carefully vet plaintiff allegations at the outset, say attorneys at Keller and Heckman.
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$3B TD Bank AML Settlement Is A Wake-Up Call For All Banks
TD Bank’s historic settlement over anti-money laundering violations, resulting in over $3 billion in penalties, reminds banks of all shapes and sizes why they need to take financial crime compliance seriously, and highlights three areas that may be especially vulnerable to enforcement, says Jack Harrington at Bradley Arant.
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Opinion
The Right Kind Of Deregulation In Commercial Airline Industry
Similar to the economic deregulation that occurred more than four decades ago during the Carter administration, the incoming Trump administration should restore the very limited federal regulatory role in the economics of the airline industry, says former U.S. transportation secretary James Burnley at Venable.
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Unpacking The CFPB's Personal Financial Data Final Rule
The Consumer Financial Protection Bureau's personal financial data rights rule includes several important changes from the proposed rule, and hundreds of pages of supplementary information that provide important insights into the manner in which the bureau will enforce the final rule, say attorneys at Sidley.
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Opinion
Feds May Have Overstepped In Suit Against Mortgage Lender
The U.S. Department of Justice's lawsuit against Rocket Mortgage goes too far in attempting to combat racial bias and appears to fail on the fatal flaw that mortgage lenders should be at arm's length from appraisers, says Drew Ketterer at Ketterer & Ketterer.
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4 Ways Attorneys Can Emotionally Prepare For Trial
In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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The AI Consumer Class Action Threat Is Not A Hallucination
As regulators scrutinize whether businesses can deliver on claims about their artificial intelligence products and services, the industry faces a wave of consumer fraud class actions — but AI companies can protect themselves by prioritizing fundamental best practices that are often overlooked, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at the Torrenzano Group.
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Presidential Campaign Errors Provide Lessons For Trial Attys
Vice President Kamala Harris’ presidential campaign employed numerous strategies that evidently didn’t land, and trial attorneys should take note, because voters and jurors are both decision-makers who are listening for how one’s case presentation would affect them personally, says Reuben Guttman at Guttman Buschner.
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The Do's And Don'ts Of Commercial Debt Under Calif. FDCPA
Lenders, servicers and attorneys collecting on their behalf should pay careful attention to the consumer protections under the newly expanded California Rosenthal Fair Debt Collection Practices Act that may apply going forward to some commercial debts, say attorneys at Womble Bond.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.