Consumer Protection

  • September 24, 2021

    Theranos Execs Put PR Over Patients, Ex-Lab Chief Testifies

    A former Theranos laboratory director testified in ex-CEO Elizabeth Holmes' criminal trial Friday that he resigned after company executives insisted on rolling out blood-testing devices riddled with technical problems that caused serious inaccuracies, saying management "believed more about PR and funding than about patient care."

  • September 24, 2021

    DirecTV Arbitration Clause 'Pro-Consumer,' 4th Circ. Told

    DirecTV has urged the Fourth Circuit to overturn a lower court's decision to keep a proposed class action over robocalls out of arbiters' hands, saying its arbitration agreement has "pro-consumer" benefits and customers are well aware of what they are signing.

  • September 24, 2021

    Kentucky Joins Clampdown On Celsius' Crypto Accounts

    Kentucky has ordered digital asset company Celsius to stop offering interest-bearing cryptocurrency accounts, becoming the latest state to flag the product as a security amid wider scrutiny of cryptocurrency lending products.

  • September 24, 2021

    FanDuel Fine Print For Users Dooms Ill. Man's Suit

    An Illinois resident suing FanDuel for allegedly feeding bettors false information did not help his case by citing terms of service specifically disclaiming liability for inaccurate intel, an Illinois federal judge said Thursday as she tossed the man's proposed class action.

  • September 24, 2021

    CFPB Nabs $20M Penalty Against Mortgage Lender Exec

    A California federal judge has ordered an executive of mortgage lender Monster Loans to pay a $20 million civil penalty to the Consumer Financial Protection Bureau, which accused him of illegally accessing credit reports for allegedly predatory student debt refinancing companies.

  • September 24, 2021

    Crypto Exchange Blacklisting To Test US Sanctions' Teeth

    The U.S. Department of the Treasury's unprecedented blacklisting of a cryptocurrency platform accused of helping cybercriminals convert funds into real-world currency will test its ability to sway ransomware actors' behavior, as officials sharpen their pitch for victims to report attacks.

  • September 24, 2021

    Class Slams Cricket's Bid For Arbitration In False 4G Ad Suit

    Cricket Wireless can't attract customers with promises of contract-free service, then turn around and claim they're contracted to arbitrate their claims when sued by those same customers, a California federal court was told.

  • September 24, 2021

    Walgreens Escapes 'Pink Tax' Suit Over Hair Loss Meds

    A California federal court has tossed a proposed class action against Walgreens by a shopper accusing the company of charging a "pink tax" on women's hair loss products, finding that the pharmacy chain can't deviate on the labeling approved by the U.S. Food and Drug Administration.

  • September 24, 2021

    9th Circ. Gives Go-Ahead To CRT Settlement

    The Ninth Circuit said that it will not reconsider settlements between makers and certain purchasers of cathode ray tubes and denied efforts to intervene by members of the purchasing class who were not part of the settlements.

  • September 24, 2021

    SEC Says $100M Auto-Loan Securitization Was Fraudulent

    The U.S. Securities and Exchange Commission has filed suit against two former executives of an Illinois-based automobile finance company for allegedly misleading investors about the subprime automobile loans that backed a $100 million offering by the company.

  • September 24, 2021

    Sen. Presses FCC To Step Up Action Against Spam Texts

    Amid proliferating spam texts, Sen. Richard Blumenthal on Friday urged the Federal Communications Commission to crack down on unwanted messages as regulators try to beat back the deluge of unsolicited phone traffic plaguing consumers.

  • September 24, 2021

    Cruise Co. Sails To Victory In Ship Breakdown Class Action

    Passengers who sued a tour company after a broken-down ship halted their European river cruise lost the remaining claim in their class action Friday, with a Boston federal judge dinging the vacationers for failing to give clear notice of their claims prior to filing suit.

  • September 23, 2021

    BofA Defeats Maryland Escrow Interest Suit

    A Baltimore federal judge freed Bank of America from a proposed consumer class action that sought to hold it liable for millions of dollars in escrow interest allegedly owed to Maryland mortgage borrowers, handing the bank a notable win in a case that's paralleled national litigation.

  • September 23, 2021

    UC San Diego Health Sued Over Patient Data Breach

    The University of California San Diego's health system was hit with at least two putative class actions in California federal court this week over a data breach that purportedly compromised hundreds of thousands of patients' medical records and other personal identifiable information.

  • September 23, 2021

    Schwab Clients Urge Cert. Over Trades Routed Through UBS

    Charles Schwab clients urged a California federal judge Thursday to grant them class status in their securities lawsuit accusing the financial services giant of violating its duty to get them the "best execution" on trade orders by intentionally concealing an agreement routing trade orders through UBS Securities LLC.

  • September 23, 2021

    DOJ's American-JetBlue Suit An Aggressive Antitrust Flex

    President Joe Biden's pro-competition agenda is boldly targeting American Airlines, the world's largest carrier, and JetBlue over a Trump administration-approved alliance that regulators now liken to a 19th-century trust, but experts say questions remain as to whether the airlines' promises of increased consumer choice are actually being realized.

  • September 23, 2021

    CashCall Still Owes $200M After Landmark Liu, 9th Circ. Told

    The Consumer Financial Protection Bureau told the Ninth Circuit during oral arguments Thursday that a recent U.S. Supreme Court decision that held disgorgement awards can't exceed a defendant's net profits doesn't affect whether CashCall Inc. should pay over $200 million in restitution for deceptively collecting on illegal payday loans.

  • September 23, 2021

    Edelson Nabs Interim Lead In Tech Giant Gambling App MDL

    A California federal judge on Thursday appointed Edelson PC interim class counsel in multidistrict litigation accusing Apple, Google and Facebook of illegally peddling slot machines and other Las Vegas-style gambling games on their platforms while raking in billions in revenue from commissions off every wager made in these so-called "social casinos."

  • September 23, 2021

    Monsanto PCBs Contaminated Del. Waterways, AG Suit Says

    Monsanto Co. knew in the 1930s that its PCBs were toxic, yet it continued to produce them for decades, ultimately contaminating Delaware's many waterways, the state and its attorney general said in a state court complaint Thursday.

  • September 23, 2021

    Senators Advance Bill Shielding AGs' Antitrust Venue Choices

    A Senate panel advanced legislation Thursday to prevent companies from moving states' antitrust lawsuits to more favorable venues, as part of a congressional response to Google's effort this year to move the Texas attorney general's suit against the tech giant to California.

  • September 23, 2021

    Attys Want $23M In Fees For Wells Fargo Auto Loan Fees Suit

    Attorneys representing a class of Wells Fargo customers that sued over certain fees tied to auto loans asked a California federal judge Wednesday for $23.1 million in fees and $260,000 in litigation reimbursements for their role in securing a nearly $500 million settlement for the consumers.

  • September 23, 2021

    Big Oil Aims To Pause Remand In Hoboken's Climate Suit

    Big Oil companies and the American Petroleum Institute want a New Jersey federal court to pump the brakes on its order remanding the city of Hoboken's suit seeking climate change costs to state court to allow for a Third Circuit appeal.

  • September 23, 2021

    Biden Picks Ex-Davis Polk Atty, Law Prof For OCC Chief

    President Joe Biden has tapped a former Davis Polk & Wardwell LLP lawyer turned academic to head up the Office of the Comptroller of the Currency in a move that could position the national bank regulator for a continued shift toward crypto-skepticism.

  • September 23, 2021

    No 9th Circ. Rehearing In VW Bondholders' Emissions Suit

    The Ninth Circuit on Thursday said it will not grant a rehearing of a suit alleging Volkswagen AG misled bondholders into buying overpriced bonds by hiding the existence of devices intended to cheat emissions tests.

  • September 23, 2021

    Shipbuilding Cos. Escape Faulty Navy Ship Pipes Suit

    A Florida judge closed the book on a couple who attempted to blow the whistle on U.S. Navy contractors who installed defective pipe fittings on nuclear submarines, saying that despite years of trying, they still lacked sufficient evidence.

Expert Analysis

  • 3 Attorney Ethics Considerations For Litigation Funding

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    The growth of the litigation finance industry has generated questions on the obligations of counsel when their clients are seeking outside capital to fund litigation, which litigators must understand when providing information to a third-party funder and discussing legal strategy with a client, says Matthew Oxman at LexShares.

  • The Difficult Art Of Advertising Carbon Reductions

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    Advertising carbon emission reductions allows businesses to show their commitment to addressing climate change, but such claims can open companies to legal risk — so it is crucial to accurately quantify the emissions, and verify carbon offsets before purchasing them, say Linda Goldstein and Randal Shaheen at BakerHostetler.

  • How ABA Opinion Shifts Alternative Biz Structure Landscape

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    A recent American Bar Association opinion approving lawyers' passive investment in nonlawyer-owned firms eliminates a hurdle for law firms wishing to scale their practice through alternative business structures, but aspiring investors should follow a few best practices, say Hilary Gerzhoy and Deepika Ravi at Harris Wiltshire.

  • UK Focus On Int'l Data Transfers Shows Appetite For Reform

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    Recent U.K. public consultations on international transfers of personal data and structural amendments to the country's General Data Protection Regulation illustrate the post-Brexit appetite for reform and signal changes to the international data transfers regime, say Kate Brimsted and Tom Evans at BCLP.

  • Vaccine Passport Efforts Need To Stay Mindful Of ADA Title III

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    As questions about vaccine passports' viability under Title III of the Americans With Disabilities Act prevail, companies should carefully explore whether requiring them of customers and patrons creates legitimate impediments to the full and equal access of public accommodations, say Charles Thompson and Anthony Guzman at Greenberg Traurig.

  • What Telehealth Regulation May Look Like After COVID-19

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    The majority of regulatory flexibilities around telehealth authorized due to COVID-19 may disappear with the end of the public health emergency, but several bills pending in Congress could bring permanent change, especially when it comes to mental health and audio-only services, says Suzanne Joy at Holland & Knight.

  • Series

    Embracing ESG: HPE Counsel Talk Effective Board Oversight

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    Governance teams can more effectively shape board oversight of environmental, social and governance issues by ensuring organizationwide agreement on the most relevant issues, building a materiality framework that reflects stakeholder input, and monitoring the integration of ESG into operations, say Rishi Varma and Derek Windham at Hewlett Packard Enterprise.

  • Opinion

    Justice Gap Demands Look At New Legal Service Models

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    Current restrictions on how lawyers structure their businesses stand in the way of meaningful access to justice for many Americans, so states should follow the lead of Utah and Florida and test out innovative law firm business models through regulatory sandboxes, says Zachariah DeMeola at the Institute for the Advancement of the American Legal System.

  • Privacy Now Looms Large In Antitrust Enforcement

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    Recent moves by the Biden administration as well as court decisions indicate that privacy is likely to play an increasingly important role in antitrust litigation, both as a justification used to defend against allegations of anti-competitive conduct, and as an element of product quality that can be restricted or diminished as a result of anti-competitive conduct, say attorneys at Sheppard Mullin.

  • FCC's Reassigned Numbers Data Won't Help TCPA Class Cert.

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    The Federal Communications Commission's reassigned numbers database, which goes live Nov. 1, is poorly suited to overcome the challenges of class certification endemic to wrong-number cases because it was not designed to assist in identifying wrong-number calls or call recipients after the fact, says Debra Aron at Charles River Associates.

  • 9th Circ. Ruling Signals Scrutiny Of Class Settlement Fees

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    The Ninth Circuit's recent decision in Briseño v. Henderson, holding that federal courts must carefully review class action settlements for potential collusion on attorney fee arrangements, suggests that high class counsel fee awards will meet more resistance, say attorneys at Skadden.

  • Series

    Embracing ESG: Leidos GC Talks Social Responsibility

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    Recent criticisms of corporate commitments to stakeholders such as employees and communities — implicitly opposing environmental, social and governance initiatives — are fundamentally flawed and display a serious misunderstanding of contemporary investor priorities and dynamics, says Jerald Howe at Leidos.

  • Pharma Cos. Should Prepare For New Drug-Rebate Scrutiny

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    President Joe Biden's recent executive order on competition and new Federal Trade Commission leadership mean pharmaceutical companies should anticipate a stricter focus on drug pricing and rebating practices, and plan to defend against potential price strategy challenges from government enforcers and private plaintiffs, say attorneys at Gibson Dunn.

  • Learning From The Latest SEC Cybersecurity Enforcement

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    Three new U.S. Securities and Exchange Commission enforcement actions, charging eight separate financial firms with violations of Regulation S-P, indicate a seismic shift in SEC focus and provide a slew of critical takeaways for any SEC-registered entity, says cybersecurity consultant John Reed Stark.

  • Lessons In Crisis Lawyering 20 Years After 9/11

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    Dianne Phillips at Holland & Knight recounts her experiences as in-house counsel at a liquefied natural gas company in the tumultuous aftermath of Sept. 11, 2001, and details the lessons she learned about lawyering in a crisis, including the importance of careful forethought and having trusted advisers on speed dial.

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