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Consumer Protection
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August 08, 2024
Apple Must Produce Docs In Epic Antitrust Fight By Sept. 30
A California federal judge overseeing discovery in Epic Games' antitrust compliance fight with Apple gave the iPhone-maker a Sept. 30 deadline to hand over documentation on its response to foreign antitrust regulations and other internal documents, rejecting Apple's suggested December deadline and calling the 92,000-document review large but "not huge."
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August 08, 2024
SEC Wins Jurisdiction Over German As Sanction For Default
A German national who the U.S. Securities and Exchange Commission says has ignored discovery requests in its attempt to recover proceeds from a $150 million international pump and dump scheme involving his son is subject to personal jurisdiction in the U.S., a Boston federal judge ordered as a sanction.
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August 08, 2024
Google Says Epic's Own Tech Experts Undermine Remedies
Google continued Wednesday to battle what it says would be a dramatic and costly overhaul of its Play Store if Epic Games is allowed to dictate the terms of an antitrust remedy, telling a California federal judge claims of a cheaper, easier solution are undermined by Epic's own experts.
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August 08, 2024
FCC Takes Closer Look At Geolocation Plan For 900 MHz
The Federal Communications Commission asked the public to weigh in on a geolocation company's bid for more airwaves in the lower 900-megahertz spectrum band for technologies to back up GPS.
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August 08, 2024
DOJ Investigating Formula 1 Over Andretti Denial
Formula One's owner Liberty Media Corp. disclosed Thursday that the U.S. Department of Justice is investigating antitrust concerns surrounding the denial of Andretti Formula Racing LLC's bid to join the F1's championship series, following a letter from lawmakers.
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August 08, 2024
Wash. HOA Says Allstate Must Cover $8M Water Damage
A Washington state condominium association accused Allstate of wrongfully denying coverage of an $8 million water damage claim it filed after discovering hidden damage to the exterior of its buildings.
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August 08, 2024
Dechert Says Merger Abandonments Are Way Up This Year
In what's shaping up to be a banner year for antitrust enforcers, U.S. merger abandonments hit historic levels in the first half of 2024, according to a new report from Dechert LLP.
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August 08, 2024
NY Agrees To Delay Enforcing Broadband Price Cap For Now
Broadband industry groups on Thursday temporarily withdrew their request for the U.S. Supreme Court to pause a New York law requiring price-capped consumer broadband plans after state officials agreed to delay its enforcement for now.
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August 08, 2024
FTC Tells 9th Circ. Booksellers Don't Belong In Amazon Case
The Federal Trade Commission and Amazon both urged the Ninth Circuit not to allow a trade association for independent bookstores to intervene in the government's antitrust case against the e-commerce giant, saying the group's claims are too different.
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August 08, 2024
Exec Admits Price-Fixing $100M Of Rebar For Storm Rebuild
The U.S. Department of Justice announced the guilty plea Wednesday of a former Puerto Rico steel distributor executive who admitted to fixing prices on rebar used for post-hurricane reconstruction, in a conspiracy that impacted more than $100 million in his company's sales.
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August 08, 2024
Watchdog Tees Up £6M Fine For IT Co. Over NHS Cyberattack
The U.K.'s data privacy regulator said it intends to fine a British software company £6 million ($7.6 million) over failings that allowed hackers to disrupt the National Health Service and steal the sensitive personal information of more than 80,000 individuals.
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August 07, 2024
10th Circ. Won't Undo Atty Fees In $1.5B Syngenta Corn Deal
The Tenth Circuit on Wednesday backed a Kansas federal judge's allocations of attorney fees to three law firms representing individual claimants in multidistrict litigation over Syngenta's genetically modified corn that was resolved by a $1.5 billion class settlement, finding that the firms' arguments strayed from the issue at hand.
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August 07, 2024
4th Circ. Approves Payout Plan In $550M Ponzi Case
Investors defrauded in a $550 million Ponzi scheme can't reverse a receiver's asset distribution plan on the basis of arguments that the plan unfairly divides up recovered funds among claimants, the Fourth Circuit has determined.
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August 07, 2024
FTC, CFPB Turn Up Scrutiny On Solar Energy Sales Practices
The federal government on Wednesday stepped up efforts to police shady solar energy sales and financing practices, with the Federal Trade Commission, Consumer Financial Protection Bureau and other agencies releasing consumer advisories and announcing a new partnership to better monitor the industry.
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August 07, 2024
Google Judge To Review Class Attys' $218M Fee Bid Docs
A California federal judge agreed Wednesday to review billing records supporting class counsel's $217.6 million fee bid for cutting a nonmonetary deal with Google to end claims that Google surreptitiously tracked users after Google's counsel claimed the hours were inflated, unjustified and above Google's own $40 million defense legal bill.
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August 07, 2024
Monsanto, PCB Plaintiffs Want It Both Ways, Judge Says
A Washington state court judge expressed frustration on Wednesday with counsel for both sides of a toxic tort against Monsanto, remarking during a summary judgment hearing that the parties can't "pick and choose" which parts of a recent appellate ruling apply to their case.
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August 07, 2024
Kleenex Maker Wants Conn. PFAS Suit Tossed
Kimberly-Clark Corp. is urging a Connecticut federal judge to throw out a proposed class action, saying the suit relies on "speculation and conjecture" to claim its New Milford manufacturing facility and shuttered landfill polluted properties and exposed residents to toxic forever chemicals.
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August 07, 2024
Bank Dropped From Suit Over Alleged $100M Ponzi Scheme
Washington-based First Fed Bank and its brass have been dropped from a lawsuit claiming they aided a $100 million Ponzi scheme to defraud would-be investors in a water-vending machine company.
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August 07, 2024
TD Bank Shared Customer Data With Meta, Suit Claims
A new proposed class action in New Jersey federal court alleges TD Bank wrongfully shared customers' personal information with Meta Platforms Inc. without consent for marketing purposes.
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August 07, 2024
Santos, Feds Agree Jurors' Identities Should Be Secret
Expelled congressman George Santos wants jurors' identities protected for his trial next month on theft and identity theft charges, telling a New York federal judge on Tuesday that prosecutors feel the same given the "astounding" media attention on the case.
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August 07, 2024
Fintech Firm Says Plaintiff Is 'Forum Shopping' With NC Suit
Fintech company Figure Lending is urging a North Carolina federal judge to toss a proposed class action over its home equity lines of credit, saying the plaintiff who brought the case is forum shopping with insufficient claims that have been dismissed in other courts.
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August 07, 2024
Feds Let The Wrong Family Bury Hopi Artist's Body, Kids Say
The children of a renowned Hopi artist have sued the United States in Arizona federal court on claims that an Indian Health Service facility gave their deceased mother's body to the wrong family, saying they couldn't give her a proper burial due to the government's negligence.
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August 07, 2024
Google 'May Not Be So Lucky' Next Time Over Chat Deletions
Google's stunning antitrust loss in D.C. federal court Monday dealt another blow against its policies of letting internal chats delete automatically, and it came with a callout of its practice of training employees to avoid competition law "buzzwords."
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August 07, 2024
Advocates Tell 9th Circ. To Revive Invisalign Monopoly Suit
Competition advocates are backing the revival of a class action accusing the makers of Invisalign of monopolizing the market for clear dental aligners, telling the Ninth Circuit in a new amicus brief that a district court summary judgment ruling for Align Technology creates a dangerous precedent for refusal-to-deal cases.
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August 07, 2024
NTSB Hearing Probes FAA Review, Boeing Quality Control
The Federal Aviation Administration maintained that it is appropriately overseeing Boeing even after years of audits revealed multiple instances of unauthorized work on the aircraft builder's production line, as the National Transportation Safety Board on Wednesday scrutinized company safety and quality control programs during an investigation of the 737 Max 9 jet door plug blowout.
Expert Analysis
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7th Circ. Ruling Expands CFPB Power In Post-Chevron Era
The Seventh Circuit’s recent ruling in Consumer Financial Protection Bureau v. Townstone Financial interprets the Equal Credit Opportunity Act broadly, paving the way for increased CFPB enforcement and hinting at how federal courts may approach statutory interpretation in the post-Chevron world, say attorneys at Saul Ewing.
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Opinion
Expert Witness Standards Must Consider Peer Review Crisis
For nearly two decades, the so-called replication crisis has upended how the scientific community views the reliability of peer-reviewed studies, and it’s time for courts to reevaluate whether peer review is a trustworthy proxy for expert witness reliability, say Jeffrey Gross and Robert LaCroix at Reid Collins.
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What's In NYDFS Guidance On Use Of AI In Insurance
Matthew Gaul and Shlomo Potesky at Willkie summarize the New York Department of Financial Services' recently adopted circular letter on the use of artificial intelligence in insurance underwriting and pricing, and highlight the material changes made to it in response to comments on the draft circular letter.
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Drip Pricing Exemption Isn't A Free Pass For Calif. Eateries
A new exemption relieves California bars and restaurants from the recently effective law banning prices that don't reflect mandatory fees and charges — but such establishments aren't entirely off the hook for drip pricing, due to uncertainty over disclosure requirements and pending federal junk fee regulations, say Alexandria Ruiz and Amy Lally at Sidley.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Opinion
Data Breach Reporting Requirements Must Change In AI Age
Outdated data breach reporting laws are inadequate to protect consumers in the age of artificial intelligence, as AI’s ability to determine relationships coupled with its improvements to deepfake technology mean that the very definitions used in breach reporting laws are no longer sufficient, says Collin Walke at Hall Estill.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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What To Know As Children's Privacy Law Rapidly Evolves
If your business hasn't been paying attention to growing state and federal efforts to protect children online, now is the time to start — there is no sign of this regulation slowing down, and more aggressive enforcement actions are to be expected in the coming year, says Susan Rohol at Willkie Farr.
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What Cos. Should Know About New Global Plastics Regs
As the global regulatory landscape for plastics and recycling changes rapidly — with new policies coming into effect in California, at the federal level, in the European Union and at the United Nations — businesses that operate across jurisdictions must stay informed to remain compliant, mitigate legal risk and achieve stewardship goals, say attorneys at O'Melveny.
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Dissecting Treasury's Call For Input On AI In Financial Sector
The U.S. Department of the Treasury's request for comments on the potential benefits and challenges AI may pose to the financial services sector, which asks how stakeholders are addressing and mitigating increased fraud risks, reflects the federal government's continued interest in AI's effects across the economy, say attorneys at Hogan Lovells.
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Opinion
The FTC Needs To Challenge The Novo-Catalent Deal
Novo's acquisition of Catalent threatens to substantially lessen competition in the manufacturing and marketing of GLP-1 diabetes and obesity drugs, and the Federal Trade Commission should challenge it under a vertical theory of harm, as it aligns with last year's merger guidelines and the Fifth Circuit decision in Illumina, says attorney David Balto.
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Md. Deal Highlights Consumer Finance Program Regulations
Maryland regulators’ recent settlement with the Bank of Missouri and its consumer lending partners, Atlanticus and Fortiva, offers a reminder that it is important to properly structure such partnerships and conduct sufficient due diligence on state licensing requirements, says Tom Witherspoon at Stinson.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.