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Consumer Protection
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March 18, 2025
Court OKs Alderman's Constitutional Claim In Hemp Raid Row
A Mississippi federal judge on Tuesday ruled that a city alderman can pursue his constitutional claim against county officials stemming from a raid on a hemp product store during which he was detained and briefly jailed.
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March 18, 2025
Pa. Lawmakers Push For State-Level Net Neutrality Rules
Federal net neutrality rules died in appeals court this winter, but a pair of Pennsylvania lawmakers are pushing to see similar regulations enacted in their place at the state level.
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March 18, 2025
Split 7th Circ. Says Texts For Free Services Don't Violate TCPA
A divided Seventh Circuit panel on Monday refused to revive a putative Telephone Consumer Protection Act class action over a company's texts and calls offering free nutritional services through the lead plaintiff's state and Medicaid funded healthcare plan, finding the messages weren't telephone solicitations because he wasn't being encouraged to purchase anything.
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March 18, 2025
FCC Dem Starks To Step Down This Spring
The longest-serving Democrat on the Federal Communications Commission, Geoffrey Starks, said Tuesday he will resign the post sometime this spring.
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March 18, 2025
Trump Fires FTC's Democrats, But Both Vow To Fight
President Donald Trump fired the Federal Trade Commission's two Democrats on Tuesday, a move the commissioners vowed to fight and that further tees up the brewing legal battle over separation between the White House and independent agencies.
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March 18, 2025
Amazon Denied Quick Appeal For E-Book Antitrust Claims
A New York federal court denied Amazon's request to immediately appeal a district court's refusal to toss a proposed class action accusing it of monopolizing the e-book market, saying the e-commerce giant just disagrees with the decision.
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March 18, 2025
States Oppose Term In Sandoz Price-Fixing Deal With Fla.
State enforcers still locked in price-fixing litigation against generic-drug maker Sandoz are raising objections to a cap on what they could win through settlements in Florida's recent agreement with the company, telling the Connecticut federal judge weighing approval that it would block or delay potential settlements of their own.
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March 18, 2025
BetterHelp Demands Insurer Assist In $7.8M FTC Payment
Online counseling company BetterHelp told a California federal court that its insurer must cover a $7.8 million Federal Trade Commission payment and must defend it in underlying litigation brought by consumers who claim the company violated laws via its collection, use and disclosure of private health information.
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March 18, 2025
Illinois Asbestos Injury Firm Escapes 'Fraud Playbook' Suit
A Chicago federal judge on Tuesday tossed a racketeering suit an industrial pipe company brought against a "prolific" Illinois asbestos litigation law firm, finding that the pipe company failed to adequately plead that the law firm formed an "enterprise" with various clients, witnesses, co-counsel and staff.
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March 18, 2025
Savannah Wants 3M PFAS Pollution Suit Back In State Court
Savannah's lawsuit against 3M Inc. and others over the "forever chemical" contamination of its drinking water should remain in Georgia state court, the city argued in an emergency bid, saying the company wants to push the municipality into a "judicial purgatory."
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March 18, 2025
NC Dance Teams' TM Feud Likened To MLB Rivalry At 4th Circ.
An attorney for a North Carolina charter school on Tuesday used one of the biggest rivalries in Major League Baseball to illustrate for the Fourth Circuit how two former teachers stole its alleged dance team trademark and used pictures of the school's team to trick parents.
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March 18, 2025
Bank Groups Push For Permanent Block On Ill. Swipe Fee Law
Banking industry groups moved late Monday to deliver a final blow to an Illinois state law that bans swipe fees on tax and tip portions of payment card transactions, asking a Chicago federal judge to go ahead and finish off the ban before it takes effect this summer.
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March 18, 2025
Bar Examinee Defends $2M ExamSoft Software Crash Suit
A former paralegal and would-be attorney has asked a federal judge to keep alive her software crash suit against ExamSoft, arguing that both the popular software company and the Connecticut Bar Examining Committee violated the Americans with Disabilities Act by not giving her extra time under an approved accommodation when her computer crashed during a remote COVID-era test.
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March 18, 2025
Greenberg Traurig Boosts Litigation Team With 4 Denver Attys
A team of four litigators have joined Greenberg Traurig LLP's growing Denver office, including a shareholder who was tapped to lead the office's litigation practice.
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March 17, 2025
Meta Facing Investor Suit Over €1.2B EU Data Privacy Fine
A pair of pension funds on Monday filed suit against Meta Platforms Inc. in Delaware's Court of Chancery, accusing the company of repeatedly violating data privacy laws, a pattern that the funds say led to the company being fined €1.2 billion ($1.3 billion) by European authorities.
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March 17, 2025
Yeti Escapes Suit Over Third-Party Info Sharing
A California federal judge has freed Yeti from a woman's proposed class action accusing the cooler and drinkware company of disclosing people's personal and financial information to a payment processor without consent, saying the woman's now twice-amended complaint didn't fix problems the court had previously highlighted.
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March 17, 2025
Poppi Buyers Ink $8.9M Deal Over 'Gut Healthy' Soda Claims
A group of Poppi-brand soda consumers asked a California federal judge Friday to greenlight an $8.9 million proposed settlement that would resolve consolidated false advertising claims alleging the beverage company misleadingly touted its products as "prebiotics for a healthy gut."
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March 17, 2025
Kroger Shakes Calif. Suit Over Interception Of Website Chats
A California federal judge has refused to hold The Kroger Co. liable for a third party's allegedly unlawful eavesdropping on Kroger website users' chats, in a ruling that the grocery chain's counsel predicted could have a "wide impact" on the crush of state wiretapping litigation currently flooding the courts.
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March 17, 2025
OCC Green-Lights SmartBiz, Centrust Fintech Bank
The Office of the Comptroller of the Currency announced Monday it has given the green light for SmartBiz Loans to roll its new acquisition, CenTrust Bank NA, into a financial technology company called SmartBiz Bank NA.
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March 17, 2025
Jonny Pops Can't Stop Rival's Suit Over '100% Real Fruit' Label
A Texas federal judge refused to discard GoodPop's false advertising suit alleging Jonny Pops copied its popsicles and misleadingly labeled them as being made with "100% real fruit" and "simple ingredients" despite containing an unhealthy amount of added sugar, ruling Jonny Pops's statements, accompanied by images of fruit, could mislead consumers.
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March 17, 2025
DOJ Dismisses BitClout Crypto Fraud Case, Court Filings Say
Federal prosecutors have dropped their fraud case against the founder of crypto project BitClout accused of ripping off a venture capital firm, while the U.S. Securities and Exchange Commission is engaged in talks about a possible end to its own civil action against him, court documents show.
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March 17, 2025
Gogo Says Rival Pivoted From Competing To Suing
In-flight entertainment company Gogo Business Aviation wants out of a $1 billion lawsuit accusing it of wielding its monopoly over air-to-ground broadband tech to keep competitors at bay, telling the court that SmartSky is just trying to convert their intellectual property dispute into an antitrust one.
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March 17, 2025
Fox Mischaracterizes Philly License Controversy, Critics Say
A public interest group has urged the Federal Communications Commission to restore an inquiry into whether Fox TV's Philadelphia station should have been denied a broadcast license renewal for airing election falsehoods in 2020 from Fox's cable news channel.
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March 17, 2025
Wells Fargo Says OCC Has Closed Home Loan Consent Order
Wells Fargo & Co. on Monday said the Office of the Comptroller of the Currency has closed a consent order related to its home lending business, marking the eleventh consent order against the bank that regulators have closed in recent years and another step forward in its regulatory rehabilitation efforts.
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March 17, 2025
Ford Seeks New Trial After $2.5B Ga. Rollover Verdict
Ford Motor Co. has asked a Georgia federal judge for a new trial after being hit with a $2.5 billion punitive damages verdict last month in a fatal Super Duty truck rollover trial, claiming jurors improperly learned about a prior, now-scrapped $1.7 billion verdict against the company over a similar accident.
Expert Analysis
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How Changes In State Gift Card Laws May Affect Cos. In 2025
2024 state legislative movements around the escheatment of unused gift card balances and consumer fraud protections should prompt issuers to consider whether changes in company domicile or blanket cash-back policies are needed in the new year, say attorneys at Alston & Bird.
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Lessons From The SEC's 2024 Crackdown On AI Washing
AI washing was the subject of increased scrutiny from the U.S. Securities and Exchange Commission in 2024 following a surge in the commercial adoption of generative artificial intelligence technologies in 2023, highlighting the importance of transparency, accuracy and accountability when communicating about AI, say attorneys at Perkins Coie.
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The 6 Most Significant FCRA Litigation Developments Of 2024
From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.
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Identifying Deepfakes During Evidence Collection, Discovery
Excerpt from Practical Guidance
Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.
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Retailers Must Adapt As Courts Shift On False Price Claims
The increasing frequency with which courts are denying motions to dismiss false reference price claims signals that these lawsuits are not going away anytime soon, so retailers must be prepared for a more complex and prolonged defense process, say attorneys at Akerman.
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Health Tech Regulatory Trends To Watch In 2025
With an upcoming change in administration and the release of some long-awaited rules, the healthcare industry should prepare for shifting trends, including a growing focus on health data and interest in technology-enabled delivery of healthcare, say attorneys at Orrick.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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The Securities Litigation Trends That Will Matter Most In 2025
2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.
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Predicting The Lasting Changes CFPB May Face In 2025
President-elect Donald Trump and the incoming Republican-controlled Congress' likely attempts to reshape the Consumer Financial Protection Bureau could significantly alter its rulemaking, supervisory and enforcement abilities for years to come, says Jim Sandy at McGlinchey Stafford.
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The Justices' Securities Rulings, Dismissals That Defined '24
The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.
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10 Noteworthy CFPB Developments From 2024
In a banner year for consumer finance regulation, the Consumer Financial Protection Bureau made significant strides in its efforts to rein in Big Tech and nonbank financial firms, including via rules regarding open banking, credit card late fees, and buy now, pay later products, say attorneys at Wiley.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024 Has Been A Momentous Year For ESG
Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.
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2024's Most Notable FTC Actions Against Dark Patterns And AI
In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.