Consumer Protection

  • November 19, 2024

    Keep Colo. Interest Rate Opt-Out Law Blocked, 10th Circ. Told

    A coalition of organizations representing the financial services industry has urged the Tenth Circuit to uphold a district court's injunction against a Colorado interest rate opt-out law, arguing the state's attempt to reframe the federal provision allowing the opt-out as a consumer protection measure ignores the underlying statute's history as rooted in federalist principles.

  • November 19, 2024

    Calif. Judge Says Crypto DAOs Are Entities That Can Be Sued

    A California federal judge has held that decentralized autonomous organizations and their governing members can indeed be sued, refusing to throw out a Golden State cryptocurrency investor's suit against Lido DAO that the judge said presents "several new and important questions" about liability in the crypto world.

  • November 19, 2024

    Online Lenders, Contractor Face Service Members' Fraud Suit

    California-based contractor Multitaskr Construction Inc. and several online lending companies were hit with a consumer lawsuit in California federal court alleging they conspired to originate lucrative fraudulent loans for home improvement projects that were never completed.

  • November 19, 2024

    All States Now Approved For Feds' Broadband Program

    Everyone who is eligible for a slice of the $42.5 billion BEAD Program pie has officially had their broadband deployment plans approved by the National Telecommunications and Information Administration, the agency revealed Tuesday.

  • November 19, 2024

    CFPB's Medical Debt Guidance Faces Industry Injunction Bid

    Debt collectors asked a D.C. federal court on Monday to put an immediate hold on recent Consumer Financial Protection Bureau guidance aimed at the medical debt collection market, escalating their challenge to the document ahead of its looming effective date.

  • November 19, 2024

    What's On Deck At 10th Circ. Arguments In CPSC Magnet Case

    On Wednesday, the Tenth Circuit will hear arguments over whether a rule from the Consumer Product Safety Commission over safety standards for high-powered magnets is overly broad and unconstitutional. Here, Law360 looks at what the parties are expected to argue.

  • November 19, 2024

    Jury To Decide If Gemini's Bitcoin Statements Were False

    A New York federal judge has found that crypto exchange Gemini Trust Co. was the "maker" of alleged misrepresentations to the Commodity Futures Trading Commission about its plans to offer bitcoin futures contracts, but a jury will have to decide if the statements were materially false or misleading.

  • November 19, 2024

    Trump DOT Pick Puts Highway, Road Rebuilds Back In Focus

    President-elect Donald Trump's selection of former Wisconsin congressman Sean Duffy to serve as his secretary of transportation would send a savvy communicator to liaise with Capitol Hill and refocus the federal government's infrastructure investment priorities more on highways, roads and bridges and less on renewables and clean-energy initiatives, experts say.

  • November 19, 2024

    Alaska Airlines Fights Emergency 9th Circ. Bid To Halt Merger

    Alaska Airlines has urged the Ninth Circuit not to grant an emergency motion blocking its $1.9 billion acquisition of Hawaiian Airlines, saying the request was filed by flyers and travel agents "without an emergency" after they waited for four months to try to enjoin the airlines from merging.

  • November 19, 2024

    Court Won't Toss Consumer Antitrust Case Against Amazon

    A Washington federal court issued a sealed order Tuesday denying Amazon's bid to toss updated claims from consumers seeking billions of dollars over allegations that they pay higher prices thanks to the e-commerce giant's treatment of sellers on its platform.

  • November 19, 2024

    Shaq Reaches $11M Deal With Astrals NFT Buyers

    Hall of Fame basketball player Shaquille O'Neal and the creators of the Astrals nonfungible token project have agreed to pay $11 million to settle a proposed securities class action with buyers of the tokens that O'Neal allegedly promoted.

  • November 19, 2024

    32 State AGs Urge Congress To Back Kids' Online Safety Bill

    More than 30 state attorneys general urged federal lawmakers to back bipartisan legislation aimed at bolstering youth safety online, writing a letter Monday encouraging Congress to "act to aid our state-level efforts" which included opening investigations and commencing with litigation against social media companies like TikTok and Meta. 

  • November 19, 2024

    NHTSA Letter Unmoots Fire Risk Claims, Ford Drivers Say

    Drivers seeking another shot at their tossed case claiming they overpaid for Ford vehicles that spontaneously catch fire say new evidence shows the recall that mooted their claims didn't fix the alleged fuel injector defect, telling a Michigan federal judge Tuesday regulators' concern over the recall's adequacy supports renewing their allegations.

  • November 19, 2024

    10th Circ. Iffy On Colo.'s Remedy To Generic EpiPen Takings

    A Tenth Circuit panel on Tuesday pressed Colorado regulators on whether requiring epinephrine auto-injector makers to repeatedly sue over the cost of complying with a state program provides an adequate legal remedy, with one judge saying that that route offers no finality for manufacturers.

  • November 19, 2024

    Fox TV Renewal Calls For Strict License Test, Advocates Say

    A media advocacy group said Tuesday that the Federal Communications Commission needs to act quickly to "establish a bright-line test" for broadcasters' fitness for a station license by setting up a hearing on the controversial renewal bid for Fox TV's Philadelphia station.

  • November 19, 2024

    Undefined Terms Cinch Cloudera's Win In 'Cloudy' Fraud Suit

    The Ninth Circuit on Tuesday upheld the dismissal of a proposed class action against Cloudera Inc. alleging the data management and analytics company duped investors into buying stock at artificially inflated prices, saying the suit didn't substantiate its falsity claims with clear definitions for terms like "cloud native."

  • November 19, 2024

    DOJ Effort To Force Google Chrome Sale Draws Criticism

    Google's regulatory chief and at least one trade group are blasting a reported push from the U.S. Department of Justice to seek expansive remedies and potentially force a sale of Google Chrome in an ongoing court battle with the tech giant.

  • November 19, 2024

    FCC To Vote On More Credit Options To Back Broadband Aid

    The Federal Communications Commission is poised to allow more financial institutions to issue letters of credit that broadband providers can rely on to secure federal funding for high-speed infrastructure projects.

  • November 19, 2024

    Senators Blast Visa And Mastercard, Promise Action On Fees

    A bipartisan group of Senate Judiciary Committee members blasted executives from Visa and Mastercard on Tuesday over swipe fees charged to merchants, promising to rein in what the lawmakers called the companies' monopoly on credit card payments if they do not change their practices.

  • November 19, 2024

    Calif. Man Wants 9th Circ. To Rehear LG Battery Decision

    A California man who alleges that a faulty LG Chem Ltd. 18650 lithium-ion battery melted the skin off his hand is asking the Ninth Circuit for an en banc rehearing of a decision dismissing his defect claims against the company, saying the panel broke with other circuits and binding precedent by finding that California courts did not have jurisdiction over the Seoul-based company.

  • November 19, 2024

    Ballard Spahr Brings On Former Federal Prosecutor In LA

    Ballard Spahr LLP is expanding its consumer finance services team, announcing Tuesday that a former assistant U.S. attorney is joining its Los Angeles office as of counsel.

  • November 19, 2024

    1st Circ. Won't Pause Prison Phone Rate Caps

    The First Circuit said it won't stop the Federal Communications Commission from enforcing new caps on rates charged for prison phone calls while service providers challenge the rules in court.

  • November 19, 2024

    Unjust PJM Power Auction Rules Must Be Redone, FERC Told

    State consumer advocates want the Federal Energy Regulatory Commission to rewrite the electricity capacity auction rules for the nation's largest regional grid operator, saying PJM Interconnection's existing rules unjustly saddle consumers with billions of dollars of extra costs.

  • November 19, 2024

    FDIC's Gruenberg To Exit On Eve Of Trump's Inauguration

    The Federal Deposit Insurance Corp.'s embattled chairman, Martin Gruenberg, said Tuesday that he will step down and retire from the agency before President-elect Donald Trump takes office, clearing the way for a new, likely Republican leader at the deposit insurer.

  • November 18, 2024

    Meta, Netflix Shook Hands On Illicit Streaming Deal, Suit Says

    Meta Platforms and Netflix made an unlawful agreement where the social media giant would cede the video-streaming market to Netflix by hobbling its competing service and the streaming giant would funnel its customers' data to boost Facebook's advertising algorithms, according to a proposed class action filed Monday in Illinois federal court.

Expert Analysis

  • How Attorneys Can Break Free From Career Enmeshment

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    Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.

  • Where Can Privacy Plaintiffs Sue When Injury Is Online?

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    Website owners need to understand wiretapping laws to understand whether they may be sued for activity tracking in California or Pennsylvania courts, where the statutory damages for violations of half-century-old laws can be substantial — and a recent Third Circuit decision suggests establishing specific jurisdiction is not as easy as 1-2-3, say attorneys at Crowell & Moring.

  • Lawyers With Disabilities Are Seeking Equity, Not Pity

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    Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.

  • Crypto.com's Suit Against SEC Could Hold Major Implications

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    Crypto.com's recent lawsuit against the U.S. Securities and Exchange Commission could affect the operation and regulation of crypto markets in the U.S., potentially raising more questions about the SEC's authority to regulate the industry when it's unclear whether another agency is ready to assume it, say attorneys at McGuireWoods.

  • How DOJ's Visa Debit Monopolization Suit May Unfold

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    The U.S. Department of Justice's recently filed Section 2 monopolization suit against Visa offers several scenarios for a vigorous case and is likely to reveal some of the challenges faced by antitrust plaintiffs following the U.S. Supreme Court's split 2018 American Express decision, say attorneys at Mintz.

  • Opinion

    Judicial Committee Best Venue For Litigation Funding Rules

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    The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.

  • Fluoride Ruling Charts Path To Bypass EPA Risk Evaluations

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    A California federal court's recent ruling in Food and Water Watch v. U.S. Environmental Protection Agency, ordering the agency to address the public health risks of fluoridated drinking water, establishes a road map for other citizen petitioners to bypass the EPA's formal risk evaluation process, say attorneys at Wiley.

  • The Strategic Advantages Of Appointing A Law Firm CEO

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    The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.

  • Inside FTC's Decision To Exit Key Merger Review Labor Memo

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    Despite the Federal Trade Commission's recent withdrawal from a multiagency memorandum of understanding to step up enforcement of labor issues in merger investigations, the antitrust agencies aren't likely to give up their labor market focus, say attorneys at Stinson.

  • FDIC Guidance Puts Next-Gen ATMs In Regulatory Spotlight

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    The boring existence of ATMs is changing thanks to the emergence of new-age interactive teller machines, prompting the Federal Deposit Insurance Corp. to sound off in a potentially influential August letter to branches on which services might need regulatory approval, says Thomas Walker at Jones Walker.

  • 7 Tips To Help Your Witness Be A Cross-Exam Heavyweight

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    Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • Understanding New ACH Network Anti-Fraud Rules

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    Many of the National Automated Clearing House Association’s recent amendments to ACH network risk management rules went into effect this month, so financial institutions and corporations must review and update their internal policies as needed, says Aisha Hall at Taft.

  • 6 Tips For Cos. Facing Service Provider Cyber Incidents

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    When a third-party service provider experiences a cybersecurity incident, businesses may wonder if their information is compromised and if their systems are safe, but there are certain steps that can help businesses prepare for and respond to targeted attacks on vendors, say attorneys at Troutman Pepper.

  • Unpacking State AG Approaches To Digital Asset Enforcement

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    Attorneys at Cozen O'Connor survey recent digital asset enforcement by attorneys general nationwide driven by concerns over regulatory gaps where technological developments and market changes have outpaced legislation.

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