Consumer Protection

  • December 19, 2024

    Generic-Drug Cos. Get State AGs' Trial Order Flipped

    A Connecticut federal court has sided with the generic-drug makers accused of price-fixing by state-level enforcers and will allow a narrower case involving 15 drugs to move ahead prior to a much broader case involving more than 100 medications.

  • December 19, 2024

    CMA Issues Guidance For New Digital Competition Rules

    Britain's Competition and Markets Authority released guidance Thursday laying out how the agency intends to use its new powers to impose rules and obligations on large technology companies, ahead of the regime's launch next year.

  • December 19, 2024

    EU Opens In-Depth Probe Of Liberty's $3.6B MotoGP Deal

    European antitrust regulators are investigating Liberty Media's proposed acquisition of Dorna Sports, citing concerns that the €3.5 billion deal could harm competition in motorsports broadcasting and drive up licensing costs.

  • December 19, 2024

    FCC Chief Floats Spectrum Revamp For Space Launches

    The Federal Communications Commission is eyeing new rules to revamp the spectrum band running from 2360-2395 megahertz to make room for commercial space launches.

  • December 19, 2024

    Casinos Say DOJ Has No 'Starting Point' For Room Rates

    Las Vegas casino hotels urged the Ninth Circuit on Wednesday not to revive the first algorithmic price-fixing case to reach an appeals court, in a brief that took direct aim at the Justice Department's amicus intervention in the room rate lawsuit.

  • December 19, 2024

    Michigan's Biggest Decisions Of 2024

    This year, the Michigan Supreme Court instituted sweeping changes to the state's wage and paid leave laws, took some damages off the table for wrongful death plaintiffs, and recognized third-party retaliation claims.

  • December 19, 2024

    Tornado Cash Founder Says 5th Circ. Order Merits Dismissal

    The founder of cryptocurrency mixing service Tornado Cash renewed his bid to dismiss his money laundering and sanctions violation charges, saying a recent Fifth Circuit decision that found the company's smart contracts were not sanctionable property is fatal to the case.

  • December 19, 2024

    Chicken Soup Settles $3.1M Pet Food Feud Wth Alphia

    Chicken Soup for the Pet Lover's Soul Inc. has settled a Connecticut lawsuit that accused it of breaching a deal with a manufacturer to buy more than 1.3 million pounds of pet food every month between October 2023 and September 2024, state court records show.

  • December 19, 2024

    Kia Telluride Owners Allege Brake Defect In Proposed Action

    Telluride SUV owners told a California federal judge Tuesday Kia America Inc. knowingly sold 2020-2024 models of the vehicles with faulty brakes, putting them at significant risk.

  • December 19, 2024

    Chemours, DuPont Say New Info Undermines Class Cert.

    The Chemours Co. FC LLC and EIDP Inc. are asking a North Carolina federal judge to decertify classes in a consolidated suit alleging that they knew about PFAS leaks into their water systems, saying information that's come to light since the certification disqualifies the named plaintiffs from representing the class and undermines the alleged common proof of their claims.

  • December 19, 2024

    Tencent Removes 2 Epic Directors Following DOJ Scrutiny

    Two Epic Games directors appointed by Tencent Holdings are stepping down from Epic's board after the U.S. Department of Justice said their positions could constitute antitrust law violations, the agency has announced.

  • December 19, 2024

    Philips CPAP Suits Against SoClean Tossed From MDLs

    A Pennsylvania federal judge has tossed two complaints from Philips RS North America against SoClean Inc. from multidistrict litigation stemming from a CPAP machine recall, saying one would disrupt the wrap-up of the MDL surrounding Philips' products, while the other should not have been filed directly into the SoClean MDL.

  • December 18, 2024

    Split 9th Circ. Backs 46-Month Prison Term For Stock Pumper

    A divided Ninth Circuit on Wednesday affirmed a 46-month sentence for a Canadian man convicted of securities fraud in a pump-and-dump scheme involving a cannabis and gaming company, rejecting his argument that the lower court erred by calculating "intended loss" to enhance his sentence, since circuit precedent recognizes both actual and intended losses.

  • December 18, 2024

    OCC Orders 'Comprehensive' Remedial Action For USAA Bank

    The Office of the Comptroller of the Currency on Wednesday hit USAA Federal Savings Bank with curbs on new product additions and membership growth as part of a fresh consent order that follows prior enforcement actions against the military-focused bank.

  • December 18, 2024

    Acima Says CFPB's 'Baseless' Power-Grab Suit Must Go

    Rent-A-Center affiliate Acima has urged a Utah federal judge to throw out a Consumer Financial Protection Bureau lawsuit accusing the lease-to-own fintech company of predatory lending practices, arguing that the agency has an unconstitutional funding mechanism and lacks the authority to regulate lease-to-own businesses, among other things.

  • December 18, 2024

    Schools Fighting Price-Fixing Suit Face $685M Damages Claim

    Students looking to hold a group of elite universities and colleges liable for an allegedly anticompetitive financial aid fixing scheme say they should be allowed to proceed as a class because they'll use common evidence to prove they suffered about $685 million in damages.

  • December 18, 2024

    Monsanto Protests DNA Damage Argument In PCB Closings

    An attorney in a toxic tort against Monsanto drew a sustained objection from the company's defense during closings Wednesday as he attempted to argue that some of the young girls allegedly exposed to PCBs "will give birth to children with altered DNA," as counsel sparred over whether the plaintiffs suffered "generational harm."

  • December 18, 2024

    Funding Bill Takes In Broadband, Ticketing, Privacy

    A congressional spending package that would fund the federal government through March is set to include a slew of bipartisan proposals aimed at digital security, online pricing transparency and rural broadband access.

  • December 18, 2024

    LA Dodgers Must Face Disabled Fan's ADA Suit

    A California federal judge has refused to end a Los Angeles Dodgers gamegoer's negligence suit alleging he fell and hurt himself after being denied permission to bring his cane into the stadium, finding Tuesday that the purported denial exposed the man, who had to use stairs without handrails, to an unreasonable risk of harm.

  • December 18, 2024

    State AGs, Generic Cos. Fight Over Price-Fixing Trial Order

    A contingent of state-level enforcers told a Connecticut federal court there is no need to reconsider prioritizing a sprawling generic drug price-fixing case that involves more than 100 medications over a narrower case the drugmakers are asking to have tried first.

  • December 18, 2024

    DOJ Wants Misconduct Allegations Hushed In Used Car Case

    The U.S. Department of Justice wants to bar defendants accused of violently controlling the cross-border transport of American used cars into Central America from raising accusations of misconduct by nonwitness law enforcement officers to the jury without prior approval from the Texas federal judge overseeing the case.

  • December 18, 2024

    11th Circ. Doubtful Of FCC's Marketing Consent Clampdown

    Eleventh Circuit judges appeared skeptical Wednesday of the Federal Communications Commission's legal justification for a marketing rule that requires selecting businesses on an individual basis through comparison shopping sites before the businesses can reach out to consumers.

  • December 18, 2024

    Judge Wants To Know If Colo. Kroger Merger Fight Is Moot

    A Colorado state judge wants to know whether two recent decisions blocking the proposed $24.6 billion merger of The Kroger Co. and Albertsons Cos. Inc. has mooted Attorney General Phillip J. Weiser's challenge to the transaction, according to a briefing plan approved Tuesday. 

  • December 18, 2024

    Family Dollar Sues Supplier Over Cable That Burned Buyer

    Family Dollar Services LLC is suing one of its suppliers, alleging that it sold the retail chain a faulty lightning charger cord that malfunctioned and burned a minor who was using it.

  • December 18, 2024

    CVS Fueled Opioid Epidemic In Rush For Profits, Feds Say

    The U.S. Department of Justice unveiled a suit Wednesday accusing CVS, the nation's largest pharmacy chain, of knowingly filling invalid prescriptions for powerful opioids and ignoring internal pleas from its pharmacists as it allegedly put profits over safety. 

Expert Analysis

  • A Look At How De Minimis Import Rules May Soon Change

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    The planned implementation of executive actions focused on the de minimis rule as it applies to shipments means companies should use this interval to evaluate the potential applicability and impact of Section 301, Section 201 or Section 232 duties on their products, say attorneys at Holland & Knight.

  • Antitrust Issues To Watch Amid Google Ad Tech Trial

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    Regardless of the outcome of the U.S. Department of Justice's advertising technology antitrust suit against Google in Virginia federal court, matters ranging from market definition to unified pricing will likely have far-reaching implications for the digital advertising industry, competition and innovation, say attorneys at Holland & Knight.

  • What To Know About Latest Calif. Auto-Renewal Law Update

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    While businesses have about nine months to prepare before the recently passed amendment to California's automatic renewal law takes effect, it’s not too early to begin working on compliance efforts, including sign-up flow reviews, record retention updates and marketing language revisions, say Gonzalo Mon and Beth Chun at Kelley Drye.

  • Class Actions At The Circuit Courts: September Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.

  • How To Avoid Liability When Using Cookie Consent Managers

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    As companies attempt to comply with consumer protection laws by implementing cookie consent managers on their websites, they must be wary of separate legal risks that can stem from implementing or using these tools incorrectly, says Ian Cohen at LOKKER.

  • 6 Tips For Trying Cases Away From Home

    Excerpt from Practical Guidance
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    A truly national litigation practice, by definition, often requires trying cases in jurisdictions across the country, which presents unique challenges that require methodical preparation and coordination both within the trial team and externally, say Edward Bennett and Suzanne Salgado at Williams & Connolly.

  • Taking Stock Of FCC's New Spectrum Rule For Drones

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    While an order recently adopted by the Federal Communications Commission is intended to provide drones with rapid access to a limited amount of spectrum in the 5030-5091 megahertz band, the commission envisions an incremental approach to full usage that will play out over the course of the coming months and years, say attorneys at Wiley.

  • 3 Coverage Tips As 2nd Circ. 'Swipes Left' On Tinder Claim

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    The Second Circuit's recent opinion in Match Group v. Beazley Underwriting, overturning Tinder's victory on its insurer's motion to dismiss a coverage action, reinforces three best practices policyholders purchasing claims-made coverage should adhere to in order to avoid late-notice defenses, say Lynda Bennett and Alexander Corson at Lowenstein Sandler.

  • Proposed Legislation May Crack Down On Online Drug Ads

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    A bill recently proposed in Congress could serve as a sea change in how the U.S. Food and Drug Administration regulates drug-related speech, with significant trickle-down effects on various corners of not only the drug industry but also on consumers and providers themselves, say Dominick DiSabatino and Arushi Pandya at Sheppard Mullin.

  • How Loper Bright Is Affecting Pending FCC Litigation

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    Pending challenges against Federal Communications Commission orders at the Sixth and Eleventh Circuits following the U.S. Supreme Court's decision in Loper Bright highlight that counsel must be familiar with the statutes, regulations and precedent relevant to the FCC to best navigate the rapidly changing compliance landscape, say attorneys at Davis Wright.

  • A Blueprint For Structuring An Effective Plaintiff Case Story

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    The number and size of nuclear verdicts continue to rise, in part because plaintiffs attorneys have become more adept at crafting compelling trial stories — and an analysis of these success stories reveals a 10-part framework for structuring an effective case narrative, says Jonathan Ross at Decision Analysis.

  • Series

    Round-Canopy Parachuting Makes Me A Better Lawyer

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    Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.

  • Dealmaker Lessons From CFIUS' New Enforcement Webpage

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    The Committee on Foreign Investment in the United States’ recently launched webpage, which details the actions — and inactions — that led to enforcement activity, provides important insights for dealmakers about filing requirements, mitigation commitments and the cost of noncompliance, say attorneys at Dechert.

  • What's In Colorado's 1st-Of-Its-Kind Neural Privacy Law

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    Colorado recently became the first U.S. state to directly regulate neurotechnology with new legislation amending the Colorado Privacy Act to specifically protect biological and neural data, offering an example of how lawmakers can tackle the perceived regulation gaps in this area, say attorneys at Goodwin.

  • What To Expect From Calif. Bill Regulating PE In Healthcare

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    A California bill currently awaiting Gov. Gavin Newsom's approval, intended to increase oversight over private equity and hedge fund investments in healthcare, is emblematic of recent increased scrutiny of investments in the space, and may affect transactions and operations in California in a number of ways, say attorneys at Ropes & Gray.

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