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Consumer Protection
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November 04, 2024
How The Election Results Could Shape Data Privacy Policy
The outcome of Tuesday's national elections will have a significant effect on the direction of efforts to regulate companies' collection and sale of consumer data, with the winners expected to dictate how aggressive an approach federal policymakers and regulators such as the Federal Trade Commission will take.
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November 04, 2024
Robinhood Users Denied Class Cert. In Order Flow Suit
A proposed class of Robinhood customers must run their expert's damages model before asking a California federal judge to weigh their class certification bid in litigation alleging that the investing platform failed to disclose financial interests affecting order flow on the platform.
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November 04, 2024
Monsanto Can't Keep Expert PCB Estimates From Seattle Jury
A Washington state judge has slapped down Monsanto's bid to stop a plaintiffs' expert from sharing chemical exposure opinions with jurors in a Seattle PCB poisoning tort, saying on Monday that the company's stance that the testimony is "junk science" relies on an outdated record in a related Court of Appeals case.
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November 04, 2024
Lemon Law Doesn't Cover Used Cars, Calif. Justices Say
The California Supreme Court has overturned nearly 30 years of precedent and held that the state's lemon law does not cover used cars when the vehicle has an unexpired manufacturer's warranty, delivering a victory to automaker FCA that its attorney said would end thousands of potential lawsuits.
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November 04, 2024
Sanctions Lessened Against Testing Co. That 'Duped' Judge
A California federal judge Monday lessened sanctions imposed on Natera Inc. in a false advertising case first brought by rival Guardant Health Inc., allowing some clinical cancer study evidence to be presented at a trial starting Tuesday despite his earlier finding that Natera's expert and counsel had "duped" the court.
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November 04, 2024
'Oh, Come On': 5th Circ. Doubts Intuit Ads Misled Consumers
The Fifth Circuit on Monday seemed skeptical that the company behind TurboTax duped customers into thinking they could file their tax returns for free, with judges engaging in a lengthy back-and-forth with the Federal Trade Commission over how noticeable disclosures on the ads had to be for the agency to consider them truthful.
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November 04, 2024
Apple Hid Audio Defects In 1st-Gen AirPods Pro, Users Say
Audio defects in the first generation of Apple's AirPods Pro did not stop the company from touting the wireless earbud's superior sound quality and noise-canceling features, consumers from Pennsylvania, Texas, and Ohio alleged in a proposed false advertising class action filed Friday in California federal court.
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November 04, 2024
Microsoft Wants To Weigh In On Google Play Store Challenge
Microsoft has asked the Ninth Circuit to allow it to file an amicus brief backing Epic Games in Google's challenge to an injunction requiring Google to open up its Play Store to competing app stores, arguing that the search giant's policies have prevented Microsoft from offering "mobile gaming experiences customers want."
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November 04, 2024
Debt Collectors Sue Over CFPB's Guidance On Medical Debt
A debt collection trade group has sued the Consumer Financial Protection Bureau in Washington, D.C., federal court to overturn recent guidance that warned collectors about seeking payment on potentially inflated or unverified medical bills, slamming it as an "overtly political" end-run around proper rulemaking.
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November 04, 2024
Amazon Says DC Antitrust Suit Full Of 'Mischaracterizations'
Amazon hit back Friday against the District of Columbia's amended antitrust complaint, arguing that the business practices the city claims are diminishing competition and inflating prices for consumers are actually doing the opposite — rewarding competition — and claiming that retail competition is "vigorous" both online and in person.
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November 04, 2024
Crypto Industry Hopes Election Will Bring SEC Shake-Up
The White House is poised to take a fresh approach to the digital asset industry regardless of who wins the presidency, but experts said the crypto industry's hopes for more rules and fewer enforcement cases ultimately depend on a new head of the U.S. Securities and Exchange Commission and a renewed push from Congress to pass crypto legislation.
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November 04, 2024
Patent Co. Looks To Combine Antitrust Case With Consumers
Patent-holding company VoIP-Pal.com is asking a D.C. federal judge to consolidate, at least for pre-trial purposes, its own Wi-Fi calling antitrust suit against Verizon, AT&T and T-Mobile with a proposed class action it launched making many of the same claims.
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November 04, 2024
Coinme Crypto ATMs Suspended By Conn. Banking Chief
Connecticut's banking commissioner has suspended cryptocurrency ATM company Coinme Inc.'s ability to transfer money in the Constitution State and has hinted toward possible fines, citing violations of know-your-consumer laws, complaints of scams, a negative multistate investigation and failures to meet minimum capitalization laws.
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November 04, 2024
Philly DA Can't Stop Elon Musk's $1M Giveaway To Voters
A Pennsylvania judge on Monday denied Philadelphia District Attorney Larry Krasner's bid to halt Elon Musk's $1 million giveaway to registered voters leading up to the 2024 presidential election, issuing a one-page order ending the prosecutor's claims that the tech mogul was operating an illegal lottery.
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November 04, 2024
MultiPlan Judge Raises Eyebrows At Attys' Biz Flight Billing
Counsel leading multidistrict litigation over Multiplan's pricing tools quickly revised their plans Monday for attorneys who take longer flights for the case, after an Illinois federal judge questioned why certain travelers received special treatment "arguably on the class's dime."
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November 04, 2024
Pornhub Ignored Arbitration In Data Privacy Case, Judge Told
Pornhub's parent company forfeited the right to litigate data privacy claims outside of court when it ignored American Arbitration Association proceedings for six months, counsel for a putative class of adult entertainment viewers told a California federal judge Monday.
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November 04, 2024
Ford Gets New Trial In $1.7B Rollover Case In Georgia
The Georgia Court of Appeals on Friday ordered a new trial in a record-setting $1.7 billion rollover case against Ford Motor Co., saying it was "reluctantly" vacating the jury's verdict after finding that a trial court wrongly imposed issue preclusion sanctions that "almost completely prevented Ford from presenting a defense as to liability."
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November 04, 2024
Former FTC Northeast Director Joins Arnold & Porter
After 12 years in a senior role with the Federal Trade Commission, the former director of the agency's Northeast region has moved to private practice and joined forces with another former FTC enforcer he reported to for years, he told Law360 Pulse Friday.
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November 03, 2024
Philly DA Gets Remand Of Suit Over Musk's $1M 'Lottery'
Philadelphia District Attorney Larry Krasner's suit over Elon Musk's $1 million giveaway to voters in swing states has been sent back to where it started, with a Pennsylvania federal judge ruling Friday that the case belongs in state court.
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November 01, 2024
'Mutant Ape' NFT Developer Avoids Prison For 'Rug Pull'
A 26-year-old French citizen was spared further incarceration on Friday for a $2.9 million scheme to fraudulently market "Mutant Ape Planet" nonfungible tokens to investors, a sentence in large part driven by the uncertainty over the purchasers' loss.
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November 01, 2024
Delta Rips 'Transparent' CrowdStrike Bid To Duck Liability
Delta Air Lines on Friday pressed a Georgia federal court to throw out CrowdStrike's declaratory judgment action against it, arguing that it's merely a "transparent attempt" to avoid the airline's own state court suit blaming the cybersecurity firm for the July outage that crashed millions of computers worldwide.
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November 01, 2024
Meet The Attys Arguing Meta's High Court Disclosure Suit
Both Meta Platforms and its investors are calling in the big guns as two U.S. Supreme Court veterans are set to go head-to-head Wednesday in a case that could limit the types of information corporations are required to disclose to shareholders.
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November 01, 2024
EBay Must Face Punitive Damages For Some Stalking Claims
A Massachusetts federal judge held Friday that a pair of bloggers can pursue punitive damages from eBay Inc. on some of their civil claims over an "extraordinary and troubling" harassment campaign orchestrated by the e-commerce giant's security staffers.
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November 01, 2024
Wheeling & Appealing: The Latest Must-Know Appellate Action
One circuit court will hold an oral argument for the history books, with dizzying logistics and stakes surpassing almost anything on the U.S. Supreme Court's calendar. Other circuit showdowns will delve into the high court's latest opinions and flesh out fascinating feuds involving big beer brands and emerging theories of "administrative state" overreach. All that and more is making November a month of exceptional appellate intrigue.
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November 01, 2024
Boeing Supplier Should Win Texas Probe Suit, Judge Says
A magistrate judge on Friday recommended a Texas federal judge grant Spirit AeroSystems Inc.'s bid to permanently enjoin a Texas statute requiring businesses to immediately comply with the state's demand to examine business records, saying the statute is unconstitutional.
Expert Analysis
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A Look At Grewal's Record-Breaking Legacy After SEC Exit
Gurbir Grewal resigned as director of the U.S. Securities and Exchange Commission's Division of Enforcement last month after more than three years on the job, leaving behind a legacy marked by record numbers of penalties and enforcement actions, as well as mixed results in aggressive lawsuits against major crypto players, say attorneys at Debevoise.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
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A Look At The Increased Scrutiny Of Cash Sweep Programs
Financial industry regulators have increasingly probed the adequacy of so-called cash sweep disclosures and policies, underscoring the heightened risk faced by investment advisers and broker-dealers, as well as the importance of adequately disclosing material conflicts of interest, say attorneys at Dechert.
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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Election Outcome Could Reshape Financial Industry
The policies of the next presidential administration and Congress will shape the landscape of financial services in the U.S. — including banking, mortgage, investment and credit services — for years to come, affecting Wall Street investors and aspiring homeowners alike, say Alexander Hecht and Frank Guinta at Mintz.
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Consider The Impact Of Election Stress On Potential Jurors
For at least the next few months, potential jurors may be working through anger and distrust stemming from the presidential election, and trial attorneys will need to assess whether those jurors are able to leave their political concerns at the door, says Ken Broda-Bahm at Persuasion Strategies.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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3 Steps For Companies To Combat Task Scams
On the rise in the U.S., the task scam — when scammers offer a victim a fake work-from-home job — hurts impersonated businesses by tarnishing their name and brand, but companies have a few ways to fight back against these cons, says Chris Wlach at Huge.
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False Patent Marking Claims Find New Home In Lanham Act
While the Patent Act may have closed the courthouse doors for many false patent marking claims, the Federal Circuit, in its recent decision in Crocs v. Effervescent, may be opening a window to these types of claims under the Lanham Act, says John Cordani at Robinson & Cole.
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Digging Into CFPB's Overdraft Fee Consent Guidance
Although a recent Consumer Financial Protection Bureau circular may seem unassuming, a closer read reveals the bureau is escalating its clampdown on nonconsensual debit card overdraft fees by expanding financial institutions' record-retention obligations beyond a two-year statutory requirement, say attorneys at Cooley.
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A Look At Calif. Biz Code And The Fight Over Customer Lists
To ensure Uniform Trade Secret Act security, California staffing agencies and their attorneys should review Section 16607 of the state Business Code, which prohibits contracts that restrain employees from engaging in other lawful types of business, to understand the process for determining whether a customer list constitutes a trade secret, says Skye Daley at Buchalter.
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How Attorneys Can Break Free From Career Enmeshment
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.
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Where Can Privacy Plaintiffs Sue When Injury Is Online?
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.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
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.