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Consumer Protection
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February 19, 2025
Democrats Say DOGE Took 'Trove' Of Musk Rivals' CFPB Data
U.S. Sens. Elizabeth Warren, D-Mass., and Adam Schiff, D-Calif. demanded Wednesday that Elon Musk remove Department of Government Efficiency staffers from the Consumer Financial Protection Bureau, saying Musk's potential conflicts of interest undermine the agency's goals while giving Musk access to a "trove" of confidential corporate data and an unfair advantage against rivals.
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February 19, 2025
Syngenta, Corteva Can't Duck Ark. AG Antitrust Claims
An Arkansas federal judge refused Wednesday to toss the Arkansas attorney general's antitrust lawsuit accusing pesticide makers Syngenta and Corteva of using anti-competitive rebates that amount to exclusive agreements to suppress generics competition, rejecting the companies' jurisdictional challenges and finding that the antitrust claims are sufficiently pled to proceed.
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February 19, 2025
BP Must Face Contract Claim In Bayer's $12M Benzene Suit
BP can't escape claims that it breached its contract with a chemical supplier currently defending a $12 million lawsuit from Bayer over alleged benzene contamination in two antifungal sprays, an Illinois federal judge ruled on Tuesday.
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February 19, 2025
Calif. Bill Aims To Ban Sale Of Anti-Aging Products To Minors
A San Francisco Bay Area legislator has introduced a new bill that bans the sale of anti-aging products "that contain potent and harsh ingredients" to people under the age of 18 in the Golden State.
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February 19, 2025
Blue Cross Of NC Finalizes $1.67M TCPA Deal Over Robocalls
A North Carolina federal judge has given her final seal of approval to a $1.67 million settlement with Blue Cross and Blue Shield of North Carolina and a UnitedHealth Group unit over claims they inundated consumers with prerecorded calls without their consent.
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February 19, 2025
Fired Watchdogs 'Must Be Reinstated,' Senate Democrats Say
Senate Minority Leader Chuck Schumer, D-N.Y., and 28 other Senate Democrats have filed an amicus brief to support a lawsuit by eight of the inspectors general fired by President Donald Trump.
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February 19, 2025
EV Maker Nikola Hits Bankruptcy After Battery Recall
Nikola Corp., maker of electric and hydrogen-powered trucks, filed for Chapter 11 bankruptcy protection Wednesday in Delaware, listing about $98 million of funded debt and blaming a sprawling battery pack recall for its financial troubles.
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February 18, 2025
Google Can't Stop Mass Arbitration Opt-Outs In Privacy Row
A California federal judge has refused to block more than 69,000 consumers from opting out of a certified class action over the audio recording practices of Google's home devices in order to pursue their claims in individual arbitration, finding that the claimants had properly excluded themselves from the dispute.
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February 18, 2025
Delta Crash In Toronto, FAA Firings Upend Aviation Industry
The harrowing crash of a Delta Air Lines passenger jet in Toronto on Monday, during which the plane caught fire, skidded across the runway with its wings broken off and flipped upside down, has upended an industry already rocked by a string of U.S. aviation accidents in the past month.
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February 18, 2025
CFPB Should Beat Suit Over Small Biz Loan Rule, Judge Says
A Florida federal magistrate judge has recommended rejecting a trade group's challenge to the Consumer Financial Protection Bureau's small business lending data rule, finding that merchant cash advances are lawfully included within the scope of the rule, as the agency faces uncertainty under the Trump administration.
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February 18, 2025
Amazon Says Stalking Happened Before It Linked With Tile
Amazon has asked a California federal court to throw out a proposed class action alleging that Bluetooth tracking devices sold via a partnership with Tile Inc. are dangerous because they empower stalkers, saying Amazon "played no role whatsoever" in the alleged conduct, which happened before Tile started working with it.
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February 18, 2025
Wash. AG Targets Alleged 'Probates For Profit' Plot
The Washington State Attorney General's Office has launched a lawsuit in state court over a yearslong "probates for profit" scheme involving a group of people who allegedly commandeered the estates of strangers, sold their homes and walked away with millions of dollars that should have gone to heirs.
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February 18, 2025
Trump Exec Order Expands Control Over Independent Agencies
President Donald Trump signed an executive order Tuesday to limit the autonomy of independent agencies such as the U.S. Securities and Exchange Commission and Federal Communications Commission by requiring them to submit draft regulations for presidential review.
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February 18, 2025
Coinbase Brass Face Investor Suit Over Firm's Legal Liabilities
A Coinbase shareholder has sued the crypto exchange's executive officers and board members in New Jersey federal court on allegations they breached their fiduciary duties with disclosure failures and securities law violations that left the firm open to lawsuits and other events that jeopardized its financial condition to the detriment of shareholders.
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February 18, 2025
Net Neutrality Supporters Want 6th Circ. Redo On FCC Rule
Public interest groups urged the full Sixth Circuit on Tuesday to reconsider toppling net neutrality rules, arguing that the court's holding conflicts with sister circuits' take on whether broadband providers can be regulated under the Telecommunications Act.
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February 18, 2025
Home Insurer Off The Hook In $750K Policy Lapse Dispute
A Washington federal judge has tossed a suit seeking $750,000 in coverage from two Progressive units after a fire severely damaged a home, saying the homeowners had let the coverage expire by not paying premiums, even though the insurer's renewal notice was "not a paragon of clarity."
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February 18, 2025
OCC's Hood Eyes Mergers, Fintech In Agenda Preview
The Office of the Comptroller of the Currency's acting chief Rodney Hood on Tuesday pledged efforts to ease regulations for so-called community banks, previewing an agenda that includes making it easier for them to merge and explore financial technology.
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February 18, 2025
Studies Don't Show Zantac Cancer Risks, Jury Hears
Taking Zantac does not cause prostate cancer, a Children's Hospital Colorado toxicologist testified Tuesday in two men's Illinois retrial of claims that taking the heartburn medication contributed to their diagnoses.
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February 18, 2025
IPhone Buyers Can't Get Apple DOJ Docs Before Discovery
Apple doesn't have to turn over the millions of documents it gave the U.S. Department of Justice as part of a private monopolization suit brought by iPhone and Apple Watch buyers, at least not until discovery, a judge overseeing the recently created multidistrict litigation has said.
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February 18, 2025
Policyholders Win Bid To Preserve Records For Antitrust Suit
Insurance policyholders who accused Hartford HealthCare Corp. of violating antitrust and unfair trade practices in a Connecticut state court can intervene in a federal court lawsuit with similar claims against the hospital network to preserve records for their class action, a federal district judge has ruled a month after the federal suit settled.
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February 18, 2025
Engine Co. Says Plane Crash Appeal Is Matter For NC Panel
Aviation companies Avco Corp. and its subsidiary Lycoming Engines are urging a North Carolina appeals court to take up their bid seeking immunity from a civil lawsuit filed by families of victims killed in a 2015 plane crash, arguing that allowing a trial to go forward would cause "irreparable harm."
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February 18, 2025
Car Dealer Can't Depose Government In 'Deceptive' Price Suit
A Nissan dealer cannot depose the Federal Trade Commission or the state of Connecticut in a dual enforcement action alleging that it charged consumers "deceptive" price add-ons, a federal magistrate judge has ruled, agreeing that the government had already provided all relevant discovery or was planning to do so.
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February 18, 2025
Meta Repeats Push To Halt Social Media Coverage Row In Del.
Meta urged a Delaware federal court again to stay coverage proceedings over underlying claims it deliberately designed its platforms to be addictive to adolescents, noting the Judicial Panel on Multidistrict Litigation may soon transfer the case to California federal court, where the underlying litigation is taking place.
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February 18, 2025
Human Rights Atty Sees 'Serious Risks' Of Neural Data Abuse
International human rights attorney Jared Genser spoke with Law360 Healthcare Authority about the "serious risks of misuse and abuse of neurotechnologies" that have led California and Colorado to expand their state consumer privacy laws in the last year to include neural data, with similar bills pending in Montana, Massachusetts and Illinois.
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February 18, 2025
DC Midair Collision Family Brings $250M Claims Against Gov't
The family of a passenger killed in last month's midair collision between an American Airlines regional jet and a military helicopter put the federal government on notice that they're pursuing $250 million in personal injury and wrongful death claims over the accident, attorneys for the family said Tuesday.
Expert Analysis
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OCC Recovery Guidance Can Help Banks Bounce Back Better
The Office of the Comptroller of the Currency's recently finalized recovery guidelines add to the constellation of exercises that larger banks must undertake, while also aiding information-gathering and preparedness efforts that can help prevent — or better manage — bank failures, say attorneys at Davis Wright.
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EPA's New Lead Pipe Rule Leaves Key Questions Unanswered
The U.S. Environmental Protection Agency's recently released update to its Lead and Copper Rule is a major step forward in the elimination of lead from drinking water systems, but it lacks meaningful guidance on alternative materials, jurisdictional concerns, cost allocation and other topics, say attorneys at Foley Hoag.
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What To Expect From State AGs As Federal Control Changes
Under the next Trump administration, Democratic attorneys general are poised to strengthen enforcement in certain areas as Republican attorneys general continue their efforts with stronger federal support — resulting in a confusing patchwork of policies that create unintended liabilities for businesses operating in multiple jurisdictions, say attorneys at Morgan Lewis.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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3 Policyholder Lessons From NY Bad Faith Ruling
A New York appellate court's recent decision finding that Rockefeller University alleged viable bad faith claims against its insurers reinforces the principle that insurers may not elevate their own economic interests over those of their insureds, say attorneys at Lowenstein Sandler.
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Class Actions At The Circuit Courts: November Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six federal court decisions that touch on Rule 23 of the Federal Rules of Civil Procedure, and when individual inquiries are needed to prove economic loss.
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Trump's 2nd Term May Be A Boost To Banking Industry
President-elect Donald Trump's personnel appointments could be instrumental in reshaping the financial regulatory landscape during his second administration, likely allowing for greater merger activity and halting or undoing some of the Biden administration's more restrictive financial services policies, say attorneys at Debevoise.
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Notable Q3 Updates In Insurance Class Actions
Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.
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Unpacking CFPB's Unwieldy Buy Now, Pay Later Guidance
Both the Consumer Financial Protection Bureau's recent interpretive rule regarding buy now, pay later transactions, and its FAQ guidance, place providers in murky waters with the unenviable position of attempting to place a square, closed-end product in a round, regulatory framework meant for open-end products, say attorneys at Troutman Pepper.
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Legislation Most Likely To Pass In Lame Duck Session
As Congress begins its five-week post-election lame duck session, attorneys at Greenberg Traurig break down the legislative priorities and which proposals can be expected to pass.
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Justices Must Weigh Reach Of Civil RICO In Cannabis Case
Oral arguments in Medical Marijuana Inc. v. Horn suggest that a majority of the U.S. Supreme Court may agree that a truck driver's losing his job after unknowingly ingesting THC and failing a drug test does not merit a racketeering claim — but the court may not buy the other side's theory of the case either, say attorneys at Lewis Baach.
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What Trump's 2nd Presidency Could Mean For Crypto Sector
Trump's second term will bring a fundamental shift from the Biden administration's approach to crypto-asset regulation and banking supervision, with the most significant changes likely taking effect in the first two quarters of 2025 and broader policy shifts emerging over the next year, say attorneys at Cahill.
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Putting NYDFS AI Cybersecurity Guidance Into Practice
New guidance from the New York Department of Financial Services explains how financial institutions should assess and mitigate cybersecurity risks associated with artificial intelligence, focusing on four main threats and highlighting how varying environments require specific mitigation measures, say attorneys at Saul Ewing.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Opinion
In Visa Case, DOJ Continues To Misapply The Sherman Act
The recent U.S. Department of Justice debit market monopolization case against Visa fuels concerns that a misguided Biden administration DOJ is inappropriately expanding its interpretation of the Sherman Antitrust Act beyond the demonstrable economic effects that business conduct has on consumers, says Shubha Ghosh at Syracuse University.