Consumer Protection

  • February 24, 2025

    Norfolk Southern's Tank Car Co. Liability Claims Head To Trial

    An Ohio federal judge said that Norfolk Southern can pursue its claims seeking to have tank car companies pay at least some of the damages over 2023's East Palestine derailment, teeing up for trial key questions of liability concerning the tank cars' maintenance and transport of toxic chemicals.

  • February 24, 2025

    Insurer Needn't Cover Hospital's $2.5M Virus Vax Probe Costs

    A Chubb unit has no obligation to pay an Illinois hospital for $2.5 million in legal costs associated with responding to federal and state probes into its COVID-19 vaccine distribution program, a federal court ruled, finding that the policy's $1 million regulatory claims sublimit applies.

  • February 24, 2025

    'Fraternal Duty' No Grounds For Conspiracy, 11th Circ. Told

    A Georgia man found guilty last year of participating in a bid-rigging and price-fixing scheme for tens of millions of dollars of ready-mix concrete contracts asked the Eleventh Circuit Friday to throw out his conviction, arguing federal prosecutors failed to prove a wide-ranging conspiracy that captured the coastal concrete market.

  • February 24, 2025

    Robinhood, OpenSea Say SEC Closed Crypto Inquiries

    Robinhood said Monday that the U.S. Securities and Exchange Commission "has officially closed" an investigation into its cryptocurrency arm without any enforcement action, joining a growing number of crypto matters the SEC has dropped or paused under the new Trump administration.

  • February 24, 2025

    PBMs To Challenge FTC Case At 8th Circ., But Without Pause

    A Missouri federal judge summarily refused, again, on Monday to temporarily block the Federal Trade Commission's in-house case accusing Caremark Rx, Express Scripts and OptumRx of artificially inflating insulin prices, letting the case proceed while the pharmacy benefits managers appeal to the Eighth Circuit.

  • February 24, 2025

    Vape Interests Urge 6th Circ. To Halt Kentucky E-Cig Law

    A coalition of e-cigarette interests is urging the Sixth Circuit to halt enforcement of a new Kentucky law regulating vaping products while their appeal plays out.

  • February 24, 2025

    DraftKings Rips 'Flawed' Privacy Suit Over Meta Tracking Pixel

    DraftKings Inc. wants a New York federal judge to toss a "fundamentally flawed" suit that accuses the company of disclosing customer information to third parties for targeted advertising, arguing the plaintiff is attempting to expand the Video Privacy Protection Act beyond its intended purpose.

  • February 24, 2025

    NY Regulator Imposes $20.4M In Fines Against Auto Insurers

    New York's insurance regulator announced Monday the agency has concluded a multiyear investigation into auto insurers' failure to report vehicle information to the state Department of Motor Vehicles in a timely manner, resulting in $20.4 million in fines across 37 separate consent orders.

  • February 24, 2025

    FCA Didn't Forfeit Arbitration Rights In Defect Suit, Judge Says

    An arbitrator must decide whether some drivers alleging Fiat Chrysler sold them vehicles with defective engines that shut off during use can pursue their claims, a Michigan federal judge said, finding the automaker didn't waive its right to seek arbitration by attacking the claims' merits before seeing if the drivers' purchase agreements had an arbitration clause.

  • February 24, 2025

    Feds Fight Reinstatement Of Ousted Inspectors General

    The Trump administration fired back at a lawsuit brought by eight inspectors general who were fired last month, telling a D.C. federal judge that federal law does not require the president to hold off on the terminations for 30 days after notifying Congress.

  • 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.

Expert Analysis

  • Series

    In The CFPB Playbook: A Sprint To The Finish Line

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    The fourth quarter of 2024 was an impressive demonstration of the Consumer Financial Protection Bureau's ability to regulate, enforce and supervise, even on borrowed time following the election results, and we should expect the current bureau to run nonstop until Jan. 20, say attorneys at Covington.

  • 3 Factors Affecting Retail M&A Deals In 2025

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    Retailers considering mergers and acquisitions this year face an evolving antitrust environment, including a new administration under President-elect Donald Trump, revised merger guidelines and a precedent set last year by a canceled $8.5 billion handbag merger, say attorneys at DLA Piper.

  • Top 10 Legal Issues This Year For Transportation Industry GCs

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    General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.

  • Exploring Venue Strategy For Trump-Era Regulatory Litigation

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    Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.

  • Searching For Insight On Requested Google Chrome Remedy

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    The potential for Google to divest its Chrome browser — a remedy requested by the Justice Department following a D.C. federal court’s finding the company is a monopolist — has drawn both criticism and endorsement, but legal precedent likely supports the former, say attorneys at Ballard Spahr.

  • Consultants Should Be Aware Of DOJ's Potential New Reach

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    The U.S. Department of Justice's recent first-of-its-kind settlement with McKinsey & Co. indicates not only the DOJ's more aggressive stance toward businesses' potential criminal wrongdoings, but also the benefits of self-disclosure and cooperation when wrongdoing becomes apparent, says Dom Caamano at Kibler Fowler.

  • New Year, New Risks: 8 Top Cyber Issues For Finance In 2025

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    As financial institutions forge ahead in 2025, they must strike a delicate balance between embracing technological innovation and guarding against its darker threats, which this year could include everything from supply chain vulnerabilities to deepfakes, say attorneys at Baker Donelson.

  • Series

    Playing Esports Makes Me A Better Lawyer

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    Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.

  • How Changes In State Gift Card Laws May Affect Cos. In 2025

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    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.

  • Lessons From The SEC's 2024 Crackdown On AI Washing

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    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.

  • The 6 Most Significant FCRA Litigation Developments Of 2024

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    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.

  • Identifying Deepfakes During Evidence Collection, Discovery

    Excerpt from Practical Guidance
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    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.

  • Retailers Must Adapt As Courts Shift On False Price Claims

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    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.

  • Health Tech Regulatory Trends To Watch In 2025

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    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.

  • An Associate's Guide To Career Development In 2025

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    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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