Consumer Protection

  • January 02, 2025

    Uber Can't Hold Off Seattle Driver Deactivation Law

    A Washington federal judge denied Uber's bid to temporarily bar the city of Seattle from enforcing new app-based worker account deactivation rules against it, finding the day before the challenged ordinance took effect that the company is unlikely to succeed in its claims of a First Amendment violation.

  • January 02, 2025

    Amazon Gets Zulily's Antitrust Suit Trimmed, For Now

    A Seattle federal judge trimmed a lawsuit brought by now-defunct online retailer Zulily that accuses Amazon of using its monopoly power to shut out competition from other online retailers, tossing conspiracy and state consumer protection law claims, but allowing Zulily to rework its complaint.

  • January 02, 2025

    Amazon Says FTC Stalling Discovery In Prime Sign-Up Suit

    Amazon said the Federal Trade Commission is stonewalling discovery efforts vital to showing that the agency knew a federal law protecting online shoppers from deceptive billing practices was vague, in an enforcement action accusing the e-commerce giant of duping customers onto signing up for Prime subscriptions.

  • January 02, 2025

    Tempur Sealy Ups Floor Space Promise In FTC Merger Case

    Tempur Sealy is increasing its commitments to preserve floor space for rivals' mattresses in Mattress Firm stores, attempting to beat the Federal Trade Commission's merger challenge by extending the current floor space "slot" distribution after a Texas federal judge noted that prior commitments were below current allotments.

  • January 02, 2025

    Apple Reaches $95M Privacy Deal With Millions Of Siri Users

    A proposed class of tens of millions of Apple customers asked a California federal judge to approve a $95 million settlement that would end the litigation accusing the tech company of privacy violations over its voice-activated software Siri eavesdropping on conversations. 

  • January 02, 2025

    NJ Panel Tosses Honda CR-V Product Defect Suit

    A 2016 Honda CR-V was not defectively designed because it lacked some available driver-assistance technologies, which were not mandated by state or federal law, a New Jersey appellate panel said Thursday in dismissing with prejudice a plaintiff's product liability and negligence claims arising from a fatal crash.

  • January 02, 2025

    Colo. AG Launches 2026 Bid For Governor

    Colorado Attorney General Philip J. Weiser, a former law school dean who served in the U.S. Department of Justice's Antitrust Division, on Thursday announced his bid to become the state's next governor in 2026.

  • January 02, 2025

    Crypto Scam Victim Says Fraudsters' Banks Ignore Red Flags

    A California man who says he lost nearly a million dollars to a crypto "pig butchering" scam sued the alleged fraudsters and their banking partners, claiming the financial institutions ignored red flags and failed to conduct basic checks that would have revealed the scammers' actual business.

  • January 02, 2025

    Aetna Sues Drugmakers In Conn., Alleging Generics Price-Fixing

    Health insurer Aetna has sued 23 drugmakers, including Novartis and Pfizer, over an alleged scheme to fix the prices of 111 generic medications, citing information gleaned from a congressional probe, lawsuits by state attorneys general, a Pennsylvania multidistrict litigation proceeding, and U.S. Department of Justice findings.

  • January 02, 2025

    Beasley Allen Aims To Toss Suit From Ex-Ally Firm

    Beasley Allen has called on a Mississippi federal court to dismiss or transfer a defamation and breach of contract lawsuit from The Smith Law Firm PLLC over their joint venture agreement for talc litigation against Johnson & Johnson, arguing the case should be tossed in favor of its own suit filed earlier in Alabama.

  • January 02, 2025

    Ga. County Sues 3M, Daikin To Remove PFAS From Landfill

    A Georgia county has filed a lawsuit against 3M Co., Daikin America Inc. and several other manufacturers and users of so-called forever chemicals, alleging the sale and use of the toxic chemicals in carpet manufacturing has caused a "public-health crisis" across the northwestern part of the state.

  • January 02, 2025

    6th Circ. Overturns FCC Net Neutrality Rules

    The Sixth Circuit upended the Federal Communications Commission's net neutrality rules Thursday, holding that commercial broadband providers cannot be regulated as telecommunications common carriers.

  • January 01, 2025

    Five Massachusetts Cases To Watch In 2025

    Massachusetts will be at the forefront of significant litigation on multiple fronts, including a landmark gun case before the nation's top court, antisemitism claims on the campus of the nation's oldest university, and an executive fighting back after largely defeating charges in the "Varsity Blues" college admissions scandal.

  • January 02, 2025

    The Top Property Insurance Cases To Watch In 2025

    Two cases that could change the policies offered by California's insurer of last resort and a forthcoming Hawaii Supreme Court decision on a $4 billion wildfire settlement are among the top property insurance suits to follow in the new year. Here, Law360 looks at five cases that practitioners should note in 2025.

  • January 01, 2025

    The Top 5 High Court Cases To Watch This Spring

    The U.S. Supreme Court justices will return from the winter holidays to tackle major First Amendment questions and several administrative law disputes — all arising from the Fifth Circuit — that could further change how federal agencies promulgate rules and defend them.

  • January 01, 2025

    Trump Begins 2nd Term With At Least 45 Judge Seats To Fill

    Incoming President Donald Trump will take office Jan. 20 with 45 seats on the federal bench to fill. Currently, there are 39 empty seats on U.S. district and circuit courts and 6 pending vacancies due to announced retirements and plans to take senior status, three of which opened on Dec. 31 and another that opened Jan. 2.

  • January 01, 2025

    Personal Injury, Medical Malpractice Cases To Watch In 2025

    A pending U.S. Supreme Court ruling over the Bureau of Alcohol, Tobacco, Firearms and Explosives' rule on so-called ghost guns and Pennsylvania's top court's possible invalidation of a government injury damages cap are among the cases injury and malpractice attorneys will be following in 2025.

  • January 01, 2025

    Google, Meta In The Antitrust Crosshairs For 2025

    The U.S. Department of Justice and the Federal Trade Commission enter 2025 with an unusual distinction on the horizon: Both will spend April in D.C. federal court against technology giants as the DOJ seeks to break up Google and the FTC kick-starts a monopolization trial against Meta Platforms.

  • January 01, 2025

    What Banking Attorneys Are Watching In The Courts In 2025

    Lawsuits pushing back on novel state-level consumer protection laws and a host of Biden-era Consumer Financial Protection Bureau regulatory actions are top of mind for financial services attorneys heading into the new year. Here, Law360 previews what's on tap. 

  • January 01, 2025

    'Profound Shift' Forecast For Crypto Enforcement In 2025

    The crypto industry is heading into 2025 with hopes that new leadership at federal agencies under President-elect Donald Trump will ease off an enforcement agenda that has pressed issues of where regulatory authority lies and return to a focus on fraud, while federal appeals courts have a chance to establish keystone rulings for the sector.

  • January 01, 2025

    Crypto Heads Into 2025 Hoping Regulatory Clouds Will Clear

    The digital asset industry may be on the verge of a political and regulatory landscape it has long sought as a crypto-friendly executive branch and Congress take their seats in the new year and potentially work to create favorable guardrails for crypto markets and stablecoins.

  • January 01, 2025

    The Top Telecom Developments To Watch In 2025

    As Donald Trump prepares for his second stint in the White House and a new Republican chair prepares to take over the Federal Communications Commission, telecom policy could change dramatically and quickly. Rules passed during the Biden administration face stiff court challenges and even the venerable Universal Service Fund's future remains in doubt.

  • January 01, 2025

    5 Banking Regulation Issues To Watch In 2025

    The year ahead is poised to be an inflection point for banking regulation as the arrival of the second Trump administration sets the stage for further easing of plans for new capital rules, greater receptiveness to mergers, new fair access debates and more.

  • January 01, 2025

    2025 Michigan Cases To Watch

    Attorneys predict the new five-justice Democratic majority on the Michigan Supreme Court this year could put teeth into a once-strong consumer protection statute, continue to tweak the state's premises liability law and could take on a federally posed question of the constitutionality of medical malpractice caps.

  • January 01, 2025

    Native American Cases To Watch In 2025

    2024 brought lawsuits and rulings in state, federal district and appellate courts that will play out into 2025 with some uncertainties for Native American tribes on voting rights, protections for historical worship sites and land trust decisions.

Expert Analysis

  • Recent Securities Cases Highlight Risks In AI Disclosures

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    Increasing public disclosure about the use and risks of artificial intelligence, and related litigation asserting that such disclosures are false or misleading, suggest that issuers need to exercise great care with respect to how they describe the benefits of AI, say Richard Zelichov and Danny Tobey at DLA Piper.

  • Harris Unlikely To Shelve Biden Admin's Food Antitrust Stance

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    A look at Vice President Kamala Harris' past record, including her actions as California attorney general, shows why practitioners should prepare for continued aggressive antitrust enforcement, particularly in the food and grocery industries, if Harris wins the presidential election, says Steve Vieux at Bartko.

  • Opinion

    This Election, We Need To Talk About Court Process

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    In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.

  • Series

    Playing Diplomacy Makes Us Better Lawyers

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    Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.

  • Proposed Mortgage Assistance Rule: Tips For Servicers

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    The Consumer Financial Protection Bureau's recent proposal to alter Regulation X mortgage servicing procedures to broadly construe requests for assistance, and stay foreclosure proceedings during loss mitigation review, will, if finalized, require mortgage servicers to make notable procedural changes to comply, says Louis Manetti at Locke Lord.

  • A Look At 5 States' New Data Privacy Laws

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    With new data privacy laws in Utah, Florida, Texas, Oregon and Montana recently in effect or coming into force this year, state-level enforcement of data privacy creates significant challenges and risks for how businesses interact with employees and consumers, and for companies that provide and use technologies in multiple jurisdictions, say attorneys at Jenner & Block.

  • Antitrust In Retail: Why FTC Is Studying 'Surveillance Pricing'

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    The Federal Trade Commission's decision to study targeted "surveillance pricing" should provide greater clarity into the nature of the data aggregation industry, but also raises several issues, including whether these practices are in fact illegal under any established interpretations of U.S. antitrust law, say attorneys at Holland & Knight.

  • Conn. Court Split May Lead To Vertical Forum Shopping

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    As shown by a recent ruling in State v. Exxon Mobil, Connecticut state and federal courts are split on personal jurisdiction, and until the Connecticut Supreme Court steps in, parties may be incentivized to forum shop, causing foreign entities to endure costly litigation and uncertain liability, says Matthew Gibbons at Shipman & Goodwin.

  • Mental Health First Aid: A Brief Primer For Attorneys

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    Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.

  • Series

    Calif. Banking Brief: All The Notable Legal Updates In Q3

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    In the third quarter of the year, California continued to be at the forefront of banking regulation as it enacted legislation on unfair banking practices and junk fees, and the state Department of Financial Protection and Innovation notably initiated enforcement actions focused on crypto-assets and student loan debt relief, say Stuart Richter and Eric Hail at Katten.

  • Opinion

    FTC's Report Criticizing Drug Middlemen Is Flawed

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    The Federal Trade Commission's July report, which claims that pharmacy benefit managers are inflating drug costs, does not offer a credible analysis of PBMs, and its methodology lacks rigor, says Jay Ezrielev at Elevecon.

  • 2 High Court Securities Cases Could Clarify Pleading Rules

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    In granting certiorari in a pair of securities fraud cases against Facebook and Nvidia, respectively, the U.S. Supreme Court has signaled its intention to align interpretations of the heightened pleading standard under the Private Securities Litigation Reform Act amid its uneven application among the circuit courts, say attorneys at V&E.

  • What 2 Key Rulings Mean For Solicitation Under TCPA

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    Two recent rulings from federal district courts in New York and California — each of which came to a different conclusion — bring to light courts' continued focus on and analysis of when an alleged communication constitutes a solicitation under the Telephone Consumer Protection Act, say Felix Shipkevich and Jessica Livingston at Shipkevich.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q3

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    In a relatively light few months for banking legal updates in New York, the state Department of Financial Services previewed its views on banking sector artificial intelligence use via insurer guidance, and an anti-money laundering enforcement action underscored the importance of international monitoring processes, say Eric McLaughlin and Dana Bayersdorfer at Davis Polk.

  • Series

    Collecting Art Makes Me A Better Lawyer

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    The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.

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