Consumer Protection

Expert Analysis

• A Gov't Contractor's Road Map To Biden Cybersecurity Order

  

  Following President Joe Biden's recent executive order to improve U.S. cybersecurity, Justin Chiarodo and Sharon Klein at Blank Rome highlight how four key elements will particularly affect government contractors and their suppliers, and what contractors should expect as they prepare to operate in a new compliance environment.

• A Biz Strategy Model To Improve Lateral Atty Hiring Diversity

  

  Quantitative comparison tools commonly used by companies in evaluating merger targets will allow law firms to assess lateral hire candidates in a demographically neutral manner, help remove bias from the hiring process and bring real diversity to the legal profession, says Thomas Latino at Florida State University.

• 5 Steps To Successful Mass Tort Management

  

  When handling mass tort litigation, making strategic preparations before you're swimming in an ocean of data can maximize efficiency and increase the chances of delivering wins for your client, say Ryan Cobbs and Ashley Drumm at Carlton Fields.

• How Curbs On Russia And Belarus Trade Will Affect Tech Cos.

  

  Attorneys at Kirkland examine how the Biden administration's newly authorized Russian sanctions, restrictions on dealings with companies in Belarus and other likely measures will affect the technology sector and how companies should respond to the changes.

• Obstacles To Defining Injury, Class In Cyberattack Suits

  

  As cyberattacks and data privacy litigation evolve, quantifying and identifying uninjured class members becomes increasingly complex and further complicates economic models of injury, as shown by the lawsuit filed last month in a Georgia federal court after the Colonial Pipeline hack, says Michael Kheyfets at Edgeworth Economics.

• Smaller Firms Need Employee Wellness Programs, Too

  

  As we emerge from the pandemic, small and midsize firms — which offer an ideal setting for companywide connection — should follow in the footsteps of larger organizations and heed the American Bar Association’s recommendations by adopting well-being initiatives and appointing a chief wellness officer, says Janine Pollack at Calcaterra Pollack.

• FTC's Chances Of Fixing A Broken Repairs Market Look Slim

  

  The pandemic has highlighted the harm consumer product manufacturers' restrictions on aftermarket repairs have on consumers, but limits on the Federal Trade Commission's authority to clamp down on these potentially anti-competitive practices may make patchwork federal remedies the most likely solution for now, says Katie Funk at Baker Donelson.

• Ill. BIPA Ruling Marks Critical Win For Silent Cyber Coverage

  

  The Illinois Supreme Court's recent decision in West Bend Mutual v. Krishna Schaumburg Tan, confirming that commercial general liability policies do not have to include specific language to cover claims under the Biometric Information Privacy Act, represents a critical victory for policyholders, but leaves unresolved issues in the battle over BIPA coverage, says Tae Andrews at Miller Friel.

• Opinion

  Calif. Survival Damages Bill Would Cost Cos., Consumers

  

  California lawmakers should reject a pending bill that would add pain and suffering, emotional distress, and other damages to punitive and economic loss awards in survival lawsuits, because it would dramatically increase costs for businesses and local governments, say Mark Behrens and Mayela Montenegro-Urch at Shook Hardy.

• Compliance Considerations For Pharma Co. Testing Programs

  

  Diagnostic tests sponsored by pharmaceutical companies can provide real benefits to patients, but should be carefully structured to mitigate compliance risks related to possible fraud and patient privacy, say Eve Brunts and Alison Fethke at Ropes & Gray.

• How Ad Disputes Between Cos. Fuel Consumer Class Actions

  

  Whether companies are bringing or defending claims of false advertising against competitors, they should recognize and anticipate the additional legal risk that may accrue from follow-on consumer actions, says Ross Weiner at Risk Settlements.

• Stop Networking, Start Relationship Marketing

  

  USA 500 Clubs' Joe Chatham offers four tips for lawyers to get started with relationship marketing — an approach to business development that prioritizes authentic connections — and explains why it may be more helpful than traditional networking post-pandemic.

• Mortgage Servicers Should Prepare To Be In CFPB Crosshairs

  

  In light of recent indications that the Consumer Financial Protection Bureau will make housing security a top priority, residential mortgage servicers should prepare for increased enforcement scrutiny as foreclosures and evictions rise post-pandemic, say attorneys at Manatt.

• 7th Circ. Decision Highlights Difficulties Of 'No Harm' Cases

  

  The Seventh Circuit's recent decision in Markakos v. Medicredit showcases the judiciary's struggle with whether it is usurping Congress' authority by questioning statutory penalties for "no harm" consumer protection violations, and highlights the need to resolve a growing circuit split on this issue, says Jason Stiehl at Loeb & Loeb.

• What Attorneys Should Know About Fee Deferral

  

  Milestone Consulting’s John Bair explores contingency-fee structuring considerations for attorneys, laying out the advantages — such as tax benefits and income control — as well as caveats and investment options.