Consumer Protection

  • June 04, 2024

    Microsoft Failing To Protect Students' Data, EU Watchdog Told

    A prominent Austrian advocacy group is urging the country's data protection authority to take a closer look at how Microsoft is protecting children's personal information, arguing the tech giant is unfairly trying to "shift" its responsibility under European Union privacy law to the schools that use its educational software and is secretly tracking minors' online activities.

  • June 04, 2024

    Insulin Pens Exposed Patients To Disease, Hospital Says

    A Connecticut-based hospital says medical device manufacturer Novo Nordisk should be on the hook for a $1 million settlement the hospital paid to end claims that patients were exposed to blood-borne infections because of the medical staff's use of Novo Nordisk's product.

  • June 04, 2024

    CFPB Seeks Traffic Cop For Parallel Small-Biz Data Rule Suits

    The Consumer Financial Protection Bureau on Tuesday asked a Kentucky federal judge to stay an industry lawsuit challenging the agency's small-business lender reporting requirements, saying a largely identical challenge filed earlier in Texas should take precedence.

  • June 04, 2024

    Rep. Gaetz Backs FTC's Noncompete Ban In Court

    Rep. Matt Gaetz threw his support behind the Federal Trade Commission on Tuesday in a court battle over the agency's new rule banning employee noncompete clauses, arguing that Congress has repeatedly affirmed the commission's authority to make competition rules.

  • June 04, 2024

    Zantac Suits Belong In Conn. State Court, Cancer Patients Say

    Lawsuits claiming Zantac and its generic equivalents caused cancer belong in Connecticut state court, two groups of Constitution State cancer patients and their estates say, arguing against several drugmakers' assertions that they can't be sued in the state on innovator and warning label liability claims.

  • June 04, 2024

    Bread Financial Wants Suit Over Spinoff's 'Death Spiral' Axed

    Financial services company Bread Financial Holdings Inc. and its CEO have asked an Ohio federal judge to toss a proposed investor class action over the alleged "death spiral" of a now-bankrupt spinoff company, saying the suit actually details Bread's "good faith efforts" to establish the spinoff as a successful independent venture.

  • June 04, 2024

    Telecom Org. Says Expanding Universal Fund Only Way To Go

    The head of a major telecommunications industry group is urging Congress to tap big tech in order to keep the Universal Service Fund afloat, saying in a new article that "the solution to affordable connectivity is staring us in the face."

  • June 04, 2024

    DOJ Remains 'Clear Eyed' About No-Poach Prosecutions

    A senior U.S. Department of Justice Antitrust Division prosecutor continued Tuesday to emphasize the importance of criminal cases accusing employers of fixing wages or curtailing recruitment and hiring of workers from rivals, asserting that despite courtroom defeats, enforcers are trying to learn from past failures.

  • June 04, 2024

    Meta, Texas Strike Deal To End State's Biometric Privacy Suit

    Meta Platforms Inc. and Texas' attorney general have agreed to settle the state's suit accusing the social media giant of using its facial recognition technology to illegally collect Facebook users' biometric information without their consent, the parties told a state court. 

  • June 04, 2024

    Fla. Biz Owners Indicted On Grant-Writing Fraud Conspiracy

    Two northern Florida business owners have been federally indicted on fraud conspiracy-related charges in connection to a scheme in which they allegedly stole nearly $3 million from minority-owned companies by promising grant-writing services that were never delivered.

  • June 04, 2024

    10th Circ. Backs CPSC In Baby Lounger Injunction Dispute

    The Tenth Circuit on Tuesday sided with the Consumer Product Safety Commission in an appeal by a pillow company aiming to block a CPSC proceeding against it over one of its infant products, saying even if the company can show that removal protections for CPSC's commissioners and a judge are unconstitutional, the company hasn't shown how that affects its case.

  • June 04, 2024

    Wildfire Attys Descend On Colo. As Xcel Litigation Ramps Up

    Hundreds of lawsuits seeking to hold Xcel Energy responsible for a devastating 2021 Colorado wildfire are just the latest battleground for a relatively small community of lawyers who have been involved in some of the biggest catastrophic fire suits in the western U.S. 

  • June 04, 2024

    Differences In Lost Car Resale Value Doom Class Certification

    A Massachusetts judge has concluded that a group of drivers who want insurers to cover the lost value of their vehicles following crashes still can't show how liability could be established without an individualized assessment, dooming their latest bid for class certification.

  • June 04, 2024

    BofA Gets First Nod For $21M Wire Fee Settlement

    A North Carolina federal judge gave an early nod Tuesday to a $21 million settlement between Bank of America NA and the proposed class of its customers who accused it of slapping $15 "junk fees" on their incoming wire transfers, with $7 million of the deal going to class counsel.

  • June 04, 2024

    CFPB Cautions Firms Against Contractual 'Fine Print Tactic'

    The Consumer Financial Protection Bureau on Tuesday warned banks and other financial services firms against trying to "trick" consumers with unenforceable waivers in their customer contracts, saying their use of certain contractual terms and conditions can open them up to supervisory or enforcement action.

  • June 04, 2024

    GM Ends Ga. Crash Suit That Nearly Forced CEO To Testify

    General Motors and the widower of a woman whose death was alleged to have been caused by one of its vehicles have reached an agreement to end long-running wrongful death litigation that at one point threatened to force the company's CEO to testify, the parties said.

  • June 04, 2024

    Top 3 Groups Lobbying The FCC

    The Federal Communications Commission heard from advocates nearly 200 times in May on issues ranging from cybersecurity in schools and libraries to tribal broadband funding and deployment, net neutrality rules and captioning for the hearing- and speech-disabled.

  • June 04, 2024

    Experian Accuses Firms Of Fake Mortgage Denial Scheme

    Credit reporting law firm Stein Saks PLLC headed up a nationwide scheme to "extort" Experian into settling "sham" lawsuits by consumers through creating fake credit denial letters in order to inflate damages and bolster their consumers' suits, according to a federal lawsuit filed by the credit reporting agency.

  • June 04, 2024

    Alaska Airlines Passengers Drop Boeing 737 Blowout Suit

    A group of passengers has agreed to drop claims against The Boeing Co., supplier Spirit AeroSystems and Alaska Airlines over the Jan. 5 mid-flight door plug blowout on a Boeing 737, according to a stipulated dismissal notice filed in Washington state court.

  • June 04, 2024

    Manning Kass Adds 11 Insurance Attys From Morrison Mahoney

    Manning & Kass Ellrod Ramirez Trester LLP has expanded its New York roster with a team of 11 attorneys and six paralegals from Morrison Mahoney LLP, saying Tuesday that the hires will bolster its work in insurance fraud and affirmative litigation.

  • June 04, 2024

    Khan, Kanter Say There's Bipartisan Will To Stop 'Coercion'

    The federal government's top antitrust enforcers said Tuesday their aggressive scrutiny of mergers and acquisitions is changing the way businesses approach consolidation at the start of the process, and that's good for consumers and workers alike.

  • June 04, 2024

    Mondelez, BCLP Must Face Negligence Claims Over 2023 Breach

    An Illinois federal judge has trimmed the majority of claims in proposed data privacy class actions brought by Mondelez workers against their employer and Bryan Cave Leighton Paisner LLP stemming from a 2023 data breach, although the company and law firm couldn't shake the cases entirely. 

  • June 03, 2024

    Voir Dire With No Judge Present Persists In State Courts

    Data released Friday by the National Center for State Courts revealed that voir dire conducted by lawyers with no judge present in the room persists in 7% of state court trials, but has been virtually eliminated in federal courts.

  • June 03, 2024

    TikTok Profits Off Of Child Sex Trafficking, Utah Alleges

    Utah's Division of Consumer Protection hit TikTok Inc. with a lawsuit in state court Monday, accusing the social media giant of intentionally profiting off of child sex trafficking by implementing an unregulated virtual currency system in its live-streaming feature that allows children to be sexually exploited by adult viewers.

  • June 03, 2024

    USDA Proposes Another Rule To Protect Chicken Farmers

    The U.S. Department of Agriculture proposed a rule Monday to make changes to the way poultry farmers are compensated, as the agency looks to address alleged abuses by the large processing companies that also supply the chickens.

Expert Analysis

  • FTC Hearing On Fake Review Rule Stressed Compliance Costs

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    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.

  • FTC Focus: Exploring The Meaning Of Orange Book Letters

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    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.

  • 3 Recent Decisions To Note As Climate Litigation Heats Up

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    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.

  • 12 Keys To Successful Post-Trial Juror Interviews

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    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.

  • How Employers, Attorneys Can Respond To Noncompete Ban

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    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.

  • Class Actions At The Circuit Courts: May Lessons

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    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.

  • New TSCA Risk Rule Gives EPA Broad Discretion On Science

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    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.

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    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.

  • CFPB's Expanding Scope Evident In Coding Bootcamp Fine

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    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.

  • Fintech Compliance Amid Regulatory Focus On Sensitive Data

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    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.

  • 4 Arbitration Takeaways From High Court Coinbase Ruling

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    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.

  • Series

    Playing Music Makes Me A Better Lawyer

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    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.

  • Lessons In High-Profile Jury Selection Amid NY Trump Trial

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    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.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    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.

  • The Effects Of New 10-Year Limitation On Key Sanctions Laws

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    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.

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