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Consumer Protection
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July 10, 2024
FCC Says Nearly Half 'Rip And Replace' Providers Can't Finish
The Federal Communications Commission said the agency is going to need another $3 billion if it's to keep its promise to reimburse all the companies who agreed to rip out and replace their Chinese-made technology to alleviate security concerns.
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July 10, 2024
BofA Trims But Can't Beat Autopay Cancellation Suit
A California federal judge trimmed a proposed class action against Bank of America, alleging it failed to tell consumers their autopay settings would be canceled if they did not continuously use their credit cards, agreeing with the bank that the Consumers Legal Remedies Act does not apply to credit cards.
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July 10, 2024
FTC Must Think Hard Before Trying More Rules, Commish Says
One of the Federal Trade Commission's recently confirmed Republican commissioners called on the agency Wednesday to take a close look at how courts handle its ban on employment noncompete clauses before considering any further attempts at pushing the bounds of its regulatory authority.
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July 10, 2024
Major Cable Group Opposes FirstNet Bid For 4.9 GHz Manager
Cable trade group NCTA is urging the Federal Communications Commission to listen to the chorus of public safety groups who have been pushing hard against the idea of making AT&T's FirstNet the national manager of the 4.9 gigahertz public safety band.
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July 10, 2024
FCC To Fine Telecom Involved In Universal Service Challenge
The Federal Communications Commission is moving forward with a $100,000 fine against an Ohio-based telecommunications company over late paperwork with the Universal Service Administration.
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July 10, 2024
Judge Chides Troopers' No-Show Atty At Sanctions Hearing
A Washington federal judge slapped a group of state troopers with sanctions Wednesday for defying a discovery order in their case against Ford Motor Co., while also calling out their attorney who failed to show up for the hearing despite the court's repeated prodding.
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July 10, 2024
House GOP Demands Info On BEAD 'Rate Regulation'
Congressional Republicans called on a top U.S. Department of Commerce official to release all communications with state agencies in charge of distributing federal broadband grants to see if the agencies were pressured into regulating rates.
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July 10, 2024
Wells Fargo Knew of 'Free Trial' Marketing Scam, Plaintiffs Say
A California federal judge was asked to keep alive a lawsuit alleging that through its problematic sales practices, Wells Fargo played a supporting role in two "free trial" marketing scams that pulled $200 million from consumers, with the plaintiffs arguing evidence shows Wells Fargo knew about the alleged fraud.
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July 10, 2024
Iowa Blasts Beverage Makers' Challenge To New Hemp Law
The state of Iowa is defending a new law placing restrictions on products with hemp-derived THC, saying the beverage makers who have challenged it in federal court will not prevail on their new claim that the law is unconstitutionally vague.
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July 10, 2024
Wyoming Officials Urge Court Not To Block New Hemp Law
Wyoming state officials have urged a federal judge not to block enforcement of a new law targeting hemp-derived intoxicating products, saying the law is not preempted by federal policy and that the state has an interest in cracking down on such wares.
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July 10, 2024
Behnam Tells Senate CFTC Is Ready To Be Retail Crypto Cop
U.S. Commodity Futures Trading Commission Chair Rostin Behnam sought to assure lawmakers that his agency is ready to protect retail investors if it is given oversight of digital asset markets during a Wednesday Senate hearing setting the stage for a coming legislative proposal on the future of cryptocurrency regulation.
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July 10, 2024
Insurer Must Face Claims In Penile Implant Coverage Suit
An insurer can't escape a suit brought by a urologist and his practice seeking coverage for a proposed class action over a penile enlargement implant and procedure, a California federal court ruled Wednesday, saying it's too early to conclude that the underlying action doesn't assert potentially covered claims.
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July 10, 2024
Uber Must Turn Over Data, Reports In Sex Assault MDL
A California federal judge has ordered Uber Technologies Inc. to turn over data it collected underpinning safety reports in multidistrict litigation over sexual assault of passengers, but said the ride-hailing company need not turn over information on safety incidents that did not involve sexual misconduct or assault.
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July 10, 2024
Rural Broadband Org. Calls For Speedier Permitting Process
A rural broadband advocacy group is urging Congress to pass two companion bills that would enable the use of online portals to expedite the permitting process to build high-speed networks on federal lands.
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July 10, 2024
RJ Reynolds Urges Toss Of Menthol Suit Against FDA
Tobacco giant R.J. Reynolds has come to the support of the U.S. Food and Drug Administration in a friend-of-the-court brief, arguing that the court should toss a federal lawsuit against the agency over its purported delays in implementing a ban on menthol cigarettes.
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July 10, 2024
Pa. Judge Skeptical Of Pausing FTC's Noncompete Ban
A Pennsylvania federal judge on Wednesday seemed hesitant to grant a tree services company's request to halt the Federal Trade Commission's recent ban on noncompete agreements, as attorneys for the company struggled to point to concrete harms it would suffer if the ban were to take effect as scheduled.
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July 10, 2024
2 Roundup MDL Cases Axed After Plaintiffs Fail To Act
A California federal judge presiding over multidistrict personal injury litigation related to the Monsanto herbicide Roundup has ended two of the numerous cases, with one tossed for failure to prosecute and the second ending in an early win for Monsanto after the plaintiff failed to file a response, amid ongoing concerns that plaintiffs' attorneys are overtaxed.
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July 10, 2024
CFPB Pitches Plan To 'Streamline' Mortgage Servicing Rules
The Consumer Financial Protection Bureau said Wednesday that it wants to revamp its mortgage servicing rules to make it faster and easier for struggling homeowners to access forbearance and other relief options, proposing changes that draw in part on lessons learned from the COVID-19 pandemic.
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July 10, 2024
Conn. Justices Told Banking Agency's Probe Overstepped
The Connecticut Department of Banking's investigation into Commonwealth Law Group and Commonwealth Servicing Group LLC's debt negotiation practices violated the constitutional separation of powers, because only the state's judicial branch has regulatory authority over legal services provided to clients by their attorneys, the firms told the state Supreme Court.
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July 09, 2024
BMW Driver Urges 9th Circ. To Restart Car-Tracking Fight
A BMW driver urged the Ninth Circuit Tuesday to revive a proposed class action alleging Otonomo surreptitiously tracks drivers' locations through electronic devices installed in their cars, arguing that the trial court erroneously interpreted the statute to wrongly conclude the devices aren't "attached" to vehicles as required by the law.
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July 09, 2024
FINRA Fines UBS For Missing Rep's $7.2M Sell-Away Scheme
The Financial Industry Regulatory Authority has fined UBS Financial Services Inc. $850,000 as part of a deal to resolve allegations that the firm failed to detect for more than two decades one of its representative's outside sales of mismarketed securities to his UBS clients.
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July 09, 2024
Pharma Co. Fined $16.9M For Fake Scripts, Ex-VP Arrested
A subsidiary of bankrupt DMK Pharmaceuticals Corp. faces a $16.9 million criminal fine after pleading guilty to conspiring in a scheme to ship drugs using false prescriptions, federal prosecutors announced Tuesday, adding that the subsidiary's former vice president of sales was also arrested.
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July 09, 2024
Ford Must Face Class Claims Over Oil Pump Defect
Ford must continue facing a proposed class action alleging it sold EcoBoost engine vehicles with faulty oil pumps after a Delaware federal judge on Monday largely denied the automaker's bid to dismiss the case, permanently tossing only one claim that alleged violations of Michigan's Consumer Protection Act.
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July 09, 2024
CFPB's Latest Rules Agenda Includes Blast From Fed Past
The Consumer Financial Protection Bureau may try to resurrect part of a defunct Federal Reserve regulation that banned banks from employing some consumer credit contract terms, according to a new rulemaking agenda from the agency that also hints at a plan B for its $8 credit card late-fee rule.
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July 09, 2024
With Chevron's End, LGBTQ+ Healthcare Regs Face New Risk
The end of Chevron deference is already disrupting regulation meant to protect LGBTQ+ access to healthcare, with three federal judges blocking enforcement of a Biden administration rule prohibiting discrimination based on gender identity in healthcare.
Expert Analysis
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FTC Hearing On Fake Review Rule Stressed Compliance Costs
The Federal Trade Commission is likely to finalize its proposed rule to prohibit marketers from using deceptive practices in their product reviews after an informal hearing covered arguments over whether costs of implementing the rule, such as review moderation and software maintenance, would be minimal, says Jeffrey Edelstein at Manatt.
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FTC Focus: Exploring The Meaning Of Orange Book Letters
The Federal Trade Commission recently announced an expansion of its campaign to promote competition by targeting pharmaceutical manufacturers' improper Orange Book patent listings, but there is a question of whether and how this helps generic entrants, say Colin Kass and David Munkittrick at Proskauer.
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3 Recent Decisions To Note As Climate Litigation Heats Up
Three recent rulings on climate-related issues — from a New York federal court, a New York state court and an international tribunal, respectively — demonstrate both regulators' concern about climate change and the complexity of conflicting regulations in different jurisdictions, say J. Michael Showalter and Robert Middleton at ArentFox Schiff.
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12 Keys To Successful Post-Trial Juror Interviews
Post-trial interviews offer attorneys an avenue to gain valuable insights into juror decision making and get feedback that can inform future litigation strategies, but certain best practices must be followed to get the most out of this research tool, say Alexa Hiley and Brianna Smith at IMS Legal.
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How Employers, Attorneys Can Respond To Noncompete Ban
As the Federal Trade Commission's recently issued noncompete ban faces ongoing legal challenges, now is a good time for employers to consider whether they want to take a wait-and-see approach before halting use of noncompetes and for practitioners to gain insight into other tools available to protect their clients' business interests, says Jennifer Platzkere Snyder at Dilworth Paxson.
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Class Actions At The Circuit Courts: May Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from automobile insurance to securities — and provides key takeaways for counsel on issues including circuit-specific ascertainability requirements and how to conduct a Daubert analysis prior to class certification.
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New TSCA Risk Rule Gives EPA Broad Discretion On Science
The U.S. Environmental Protection Agency's recent final amendments to its framework for evaluating the risks of chemical substances under the Toxic Substances Control Act give it vast discretion over consideration of scientific information, without objective criteria to guide that discretion, say John McGahren and Debra Carfora at Morgan Lewis.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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CFPB's Expanding Scope Evident In Coding Bootcamp Fine
The Consumer Financial Protection Bureau's recent penalty against a for-profit coding bootcamp that misrepresented its tuition financing plans is a sign that the bureau is seeking to wield its supervisory and enforcement powers in more industries that offer consumer financing, say Jason McElroy and Brandon Sherman at Saul Ewing.
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Fintech Compliance Amid Regulatory Focus On Sensitive Data
The Consumer Financial Protection Bureau's recent, expansive pursuit of financial services companies using sensitive personal information signals a move into the Federal Trade Commission's territory, and the path forward for fintech and financial service providers involves a balance between innovation and compliance, say attorneys at Wilson Sonsini.
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4 Arbitration Takeaways From High Court Coinbase Ruling
The U.S. Supreme Court's May 23 decision in Coinbase v. Suski, which provides clarity to parties faced with successive contracts containing conflicting dispute resolution provisions, has four practical impacts for contracting parties to consider, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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Lessons In High-Profile Jury Selection Amid NY Trump Trial
Richard Gabriel and Michelle Rey LaRocca at Decision Analysis consider how media exposure can affect a prospective juror in a high-profile case, the misunderstood nature of bias, and recommendations for jury selection in these unique situations as the Trump hush money trial continues in New York.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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The Effects Of New 10-Year Limitation On Key Sanctions Laws
Recently enacted emergency appropriations legislation, doubling the statute of limitations for civil and criminal economic sanctions violations, has significant implications for internal records retention, corporate transaction due diligence and government investigations, say attorneys at Greenberg Traurig.