Consumer Protection

  • July 19, 2019

    Cannabis Candy Maker Sued Over 'Stoney Patch' Gummies

    The maker of Sour Patch candies, Mondelez Canada Inc., lodged a lawsuit on Friday in California federal court alleging a company that sells cannabis-infused gummies under the name “Stoney Patch” is infringing its intellectual property.

  • July 19, 2019

    Kids' Data Again In Spotlight As FTC Revisits Privacy Rule

    The Federal Trade Commission has called for what could be a multiyear review of its child privacy rules, a process that could upend compliance plans for website operators and app developers and bring a wider range of service providers and personal information under the law, attorneys say. 

  • July 19, 2019

    Judge Won't Let HSBC Hong Kong Kill Discovery In Ponzi Suit

    A New York federal judge on Friday said he would not reconsider his decision to order jurisdictional discovery for claims that HSBC's Hong Kong affiliate aided a Ponzi scheme that pulled $37 million from investors' pockets.

  • July 19, 2019

    Endo Pharma To Pay $2.3M To 18 States In Lidoderm Deal

    Endo Pharmaceuticals Inc. has agreed to pay $2.3 million to 18 states in a deal reached Friday, the same day the states hit the pharmaceutical company with a suit alleging it entered into a reverse-payment agreement to obstruct generic competition to Lidoderm, a pain relief patch.

  • July 19, 2019

    Couple Tries To Save $2B Roundup Win After Judge Slashes It

    A couple urged a California judge Friday to keep intact a $2.055 billion jury verdict against Monsanto in a trial over claims its Roundup contributed to their cancer, after the judge tentatively ruled that the award should be cut significantly.

  • July 19, 2019

    Audit Identifies Basic Cybersecurity Flaws At The IRS

    The Internal Revenue Service has put millions of taxpayer records at risk by failing to address dozens of cybersecurity flaws, including its failure to take basic steps to authenticate users, according to a congressional watchdog.

  • July 19, 2019

    SC Utility Customers Tell 2nd Circ. To Revive Nuke Plant Suit

    Two South Carolina utility customers on Friday asked the Second Circuit to revive a suit against Westinghouse Electric Co. to recover payments made for an abandoned nuclear project, saying their claims arise from Westinghouse’s post-Chapter 11 acts.

  • July 19, 2019

    FCC Mulling Customer Opt-Outs For Wireless Carriers' Texts

    The Federal Communications Commission is considering whether to allow cell service customers to opt out of all texts from their providers after an AT&T customer complained the carrier wouldn’t stop sending frequent, unwanted messages about his data usage and bills.

  • July 19, 2019

    FDCPA Time Limit Is Year From Incident, Feds Tell Justices

    The federal government has urged the U.S. Supreme Court to affirm the Third Circuit’s determination that the one-year time limit for launching Fair Debt Collection Practices Act lawsuits starts when the alleged wrongdoing occurs, not when it is discovered.

  • July 19, 2019

    US, China Butt Heads Over Beef Trade Restrictions

    The U.S. government on Friday leaned on China to peel back its restrictions on American beef, accusing Beijing of being overly wary of mad cow disease even though the U.S. has been deemed a "negligible risk" for that affliction.

  • July 19, 2019

    Crypto 'IEOs' Grow Globally Despite US Legal Obstacles

    Initial exchange offerings, a fast-rising global phenomenon where cryptocurrency exchanges administer token sales on behalf of blockchain startups, stand little chance of taking off in the U.S. because of legal risks tied to this novel form of capital raising, lawyers say.

  • July 18, 2019

    State AGs Urge FDA To Keep Exploring Cannabis Regulation

    Dozens of state attorneys general have told the U.S. Food and Drug Administration they support the agency’s recent push to regulate cannabis-derived products like cannabidiol, while asking it to ensure that the states maintain their roles as regulators as the market emerges.

  • July 18, 2019

    Schumer Wants FaceApp's Data Usage, Russian Ties Probed

    Senate Minority Leader Chuck Schumer, D-N.Y., is asking the FBI and Federal Trade Commission to look into privacy and national security concerns posed by the rapid rise of the photo-altering FaceApp app, which is run by a Russian tech company and has scooped up personal data from millions of Americans.  

  • July 18, 2019

    NJ Atty Must Face New Trial In Fraud Suit Over Estate Plan

    A New Jersey state appeals court on Thursday ordered a new jury trial over claims against a former Rabil Kingett attorney and others purportedly involved in changing the estate plan of a woman with Alzheimer's disease and dementia, saying a lower court had improperly tossed a breach of fiduciary claim against the lawyer.

  • July 18, 2019

    2.2M Clinical Pathology Patients Added To AMCA Data Breach

    A Texas-based medical testing company has added itself to the list of companies swept up in debt billing collector American Medical Collection Agency's massive data breach, an incident that has already affected Quest Diagnostics Inc. and LabCorp.

  • July 18, 2019

    EU Banking Watchdog Urges Care With Fintech Regs

    National regulatory authorities in the European Union are employing inconsistent frameworks with respect to the authorization and monitoring of financial technology companies, and more in-depth study is needed to determine an appropriate course of action, Europe's banking watchdog said Thursday.

  • July 18, 2019

    CVS Says It's 'Impossible' To Tell Who's In Price-Gouging Suit

    CVS urged a Rhode Island federal judge not to certify classes of insured health plans claiming the company conspired with pharmacy benefits managers to overcharge them for generic drugs while secretly offering discounts to cash-paying customers, saying the fraud classes are undefinable.

  • July 18, 2019

    NJ AG Wins Bid To Pursue Superstorm Sandy Fraud Suit

    The New Jersey Attorney General's Office can pursue a consumer fraud action against a contractor over Superstorm Sandy repairs, a state appellate panel said Thursday, upending a trial court ruling that paused the suit pending the resolution of potential criminal charges against the man.

  • July 18, 2019

    NJ AG Says Online Rental Co., CEO Sold Unregistered Tokens

    New Jersey's attorney general slapped an online rental marketplace and its president with a state court suit Wednesday accusing them of selling more than $400,000 worth of unregistered securities to more than 200 investors in a so-called initial token offering.

  • July 18, 2019

    Hertz Escapes Class Allegations In Robocall Suit

    An Illinois federal judge on Thursday struck class allegations against The Hertz Corp. from consumers who accused the car rental company of repeatedly making unwanted robocalls, finding that the circumstances in the named plaintiff's case are too specific to represent the proposed class.

  • July 18, 2019

    Drugmakers Tell 7th Circ. Insurer's Testosterone Suit Flawed

    A group of pharmaceutical companies is urging the Seventh Circuit not to revive a suit by Medical Mutual of Ohio that accused them of running a conspiracy to hide the harmful effects of testosterone supplements, saying the insurer never showed how it relied on their alleged misrepresentations.

  • July 17, 2019

    'May I Just Ask': Era Of Civility Passes With Justice Stevens

    Former clerks and attorneys remember Justice John Paul Stevens, who died Tuesday night at the age of 99, for his trenchant mind and his unending civility. Does his passing mark an end to an era of collegiality on the bench?

  • July 17, 2019

    Justice Stevens' Chevron Legacy Under Attack

    Justice John Paul Stevens' landmark decision in Chevron USA Inc. v. NRDC shaped the course of administrative law, and his legacy, for decades. But a recent wave of criticism shared by members of the current court threatens to erase a doctrine that has long bolstered federal regulators' sway over corporate America.

  • July 17, 2019

    3 Times Justice Stevens Boosted Privacy Rights

    When it came to privacy rights, the late U.S. Supreme Court Justice John Paul Stevens repeatedly sided with individuals over governments during his 34 years on the high court. Here, Law360 revisits three of his most notable privacy rulings, including his finding that people have a constitutional right to share political opinions anonymously. 

  • July 17, 2019

    Block & Leviton Snag Lead Counsel In Care.com Investor Suit

    A Massachusetts federal judge on Wednesday appointed Block & Leviton LLP as lead counsel for a proposed class of Care.com investors alleging the website and its top executives violated securities laws by failing to disclose they didn't vet the caregivers and day care providers who advertise on the site.

Expert Analysis

  • Corporate Compliance Through The Lens Of Calif. Privacy Law

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    While businesses are preparing for the California Consumer Privacy Act they can pull from the U.S. Department of Justice's recent guidance on compliance programs to establish controls that not only protect consumer information, but also enhance overarching corporate compliance, say Robb Adkins and Shawn Obi at Winston & Strawn and Stephanie Douglas at Guidepost Solutions.

  • Remembering Justice Stevens As A Law Firm Leader

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    Rothschild Barry's John Coffey, who joined Justice John Paul Stevens' law firm in 1965, shares what it was like to watch Justice Stevens practice law, mentor younger lawyers and land a malfunctioning plane.

  • Opinion

    NY Credit Card Securitization Class Action Misuses Madden

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    In Cohen v. Capital One Funding in New York federal court, the plaintiffs' argument — that special purpose trusts charged and collected interest rates in excess of New York's usury limits — relies on a flawed understanding of the Second Circuit's decision in Madden v. Midland Funding, which was itself erroneous and harmful to credit markets, says Walter Zalenski of Buckley.

  • Calif. Privacy Law's 3 Limited Exemptions For Health Cos.

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    So that health and life sciences companies can better determine whether the information they collect is subject to the California Consumer Privacy Act, Jason Linder and Libby Jelinek of Irell & Manella address the scope of certain CCPA exemptions and identify the main areas of ambiguity.

  • 5 Takeaways From DOJ Focus On Chinese Trade Secret Theft

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    Since its official announcement of the China Initiative eight months ago, the U.S. Department of Justice has publicized the initiation of six new cases that include references to both trade secrets and China. These shed some light on DOJ and U.S. business priorities, says Sara O’Connell at Pillsbury.

  • Managing Compliance Risks For Income Share Agreements

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    Certain steps can help mitigate consumer compliance risks associated with educational income share agreements, which have drawn significant attention and scrutiny following the U.S. Department of Education's recent announcement that it will experiment with federal support for ISAs, say Austin Brown and Darren Welch of Skadden.

  • What High Court's Kisor Ruling Means For FDA Decisions

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    The U.S. Supreme Court's decision in Kisor v. Wilkie, weakening Auer deference, gives courts more authority to challenge agency decisions — even those concerning very technical regulations, as many of the U.S. Food and Drug Administration's do, say attorneys at Axinn.

  • Answers To Key Legal Finance Ethics Questions

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    While there is discussion in some quarters about new regulations on commercial legal finance, the hands-off approach taken by the majority of courts and legislatures is an implicit recognition that it is already sufficiently regulated, says Danielle Cutrona of Burford Capital.

  • Tips For Avoiding Multistate HIPAA Data Breach Lawsuits

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    A recent settlement between Medical Informatics Engineering and 16 states appears to be the first state mass action based on purported Health Insurance Portability and Accountability Act violations. It signals increased state-level exposure for HIPAA data breaches and offers a useful compliance checklist for HIPAA-covered entities, say Saad Gul and Michael Slipsky of Poyner Spruill.

  • Federal Agencies Need A Uniform Record-Keeping Process

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    The administrative record is very important to federal agency litigation — as showcased in last month's U.S. Supreme Court decision concerning the addition of a citizenship question to the 2020 census — yet there is no set of consistent principles to guide agencies in compiling these official records, say attorneys at WilmerHale.

  • The Role Of Dictionaries In Last Term's High Court Decisions

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    Since 32 of the 67 decisions issued by the U.S. Supreme Court during its October term cite dictionaries, it’s worth reviewing the opinions to learn which dictionaries the justices consulted and how they used them, say Bruce Wessel and Brian Weissenberg of Irell & Manella.

  • How To Evaluate The Rise In Legal Employment

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    Although the rate of employment for law school graduates — which had been falling steadily — saw a small increase over the last year, other factors, such as fewer graduates overall and potential future job growth stagnation, temper the good news for those pursuing law degrees, say Tiffane Cochran and Tyler Grimm of AccessLex Institute.

  • NY Privacy Bill Would Expand Data Security Requirements

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    If enacted, New York's recently passed SHIELD Act would broaden existing data breach law. Arguably its most significant provision will be the section imposing new requirements on persons and businesses collecting private information associated with a New York resident, say Erik Dullea and Ephraim Hintz of Husch Blackwell.

  • Opinion

    The Business Case For Championing Diverse Legal Teams

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    Leveraging the collective strengths of a diverse workforce is not only the right thing to do, it’s a strategic imperative for any successful firm or business, says Louise Pentland, executive vice president and chief business affairs and legal officer of PayPal.

  • FDIC Action Suggests New Focus On Bank TCPA Violations

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    Recently, the Federal Deposit Insurance Corporation announced its first public enforcement decision and order against a bank for alleged violations of the Telephone Consumer Protection Act, signaling that primary banking regulators are joining the Federal Communications Commission and Federal Trade Commission in ramping up TCPA enforcement, say attorneys at Hunton.