Consumer Protection

Expert Analysis

• FTC Authority To Obtain Monetary Relief May Be Under Threat

  

  Although justices asked difficult questions of both sides at the recent U.S. Supreme Court oral arguments in AMG v. Federal Trade Commission, they expressed significant skepticism of the FTC's implicit authority to seek restitution and disgorgement of the proceeds of fraud and other misconduct, say attorneys at Sullivan & Cromwell.

• Lessons From Economic Testimony In 2020 Merger Litigation

  

  A look back at 2020 antitrust cases shows why economic evidence is likely to remain a key element in merger-enforcement litigation, despite the occasional anomaly, says Julie Elmer at Freshfields.

• CFPB's Busy 2020 May Foretell Regulatory Uptick Ahead

  

  The last year stood out for its marked resurgence in Consumer Financial Protection Bureau activity, suggesting 2021 will usher in even more vigorous enforcement, enhanced fair lending regulation, and renewed assaults on consumer arbitration and payday lending, says Richard Gottlieb at Manatt.

• 4 Legal Industry Trends Litigation Financiers Are Watching

  

  Some recent litigation developments demonstrate efforts by law firms and their clients to search for opportunities in the COVID-19 economic fallout, while others — such as the rise of contingency fee arrangements — reflect acceleration of tendencies that were already underway, says William Weisman at Therium Capital.

• A Lawyer's Guide To Setting Well-Being Goals In 2021

  

  In the face of rising client demands due to the pandemic and the changing regulatory environment, and with remote work continuing for the foreseeable future, lawyers should invest in their well-being by establishing inspiring yet realistic goals for 2021 — one month at a time, says Krista Larson at Morgan Lewis.

• 4 Rulings That Will Shape Clickwrap Litigation In 2021

  

  Clickwrap litigation is expected to increase this year, following several 2020 judgments that show the courts' growing sophistication on assessing online user agreements and a continued surge in user growth fueled by COVID-19, says Brian Powers of PactSafe.

• Keyword Searches To Improve Your Privilege Doc Review

  

  "Confidential" and other search terms commonly used to locate privileged documents during e-discovery are pretty ineffective, so practitioners should consider including specific types of keywords that are demonstrably better at targeting privilege, say Robert Keeling at Sidley and Rishi Chhatwal at AT&T.

• 6 Advertising Law Trends To Watch In 2021

  

  For the world of advertising, 2021 will bring new challenges and considerations shaped not only by the ongoing pandemic, but also by new legal developments regarding social media, cannabis and consumer privacy, say Jason Gordon and Casey Perrino at Reed Smith.

• State AGs' 2020 Actions Offer Hints At 2021 Priorities

  

  A review of state attorney general actions in 2020 addressing consumer concerns including data privacy, product safety and marketplace competition can help companies prepare for the expected regulatory enforcement wave in 2021, say attorneys at Troutman Pepper.

• Opinion

  A Law Of The Digital Sea Could Expand Data Rights, Oversight

  

  Democracies should implement a law of the digital sea that can balance innovation with individual rights and national security by mandating personal ownership of data, rigorously enforcing antitrust law, and empowering agencies like the Consumer Financial Protection Bureau to grade cyberhygiene, says Luke Schleusener at QOMPLX.

• Confusing Damages Issues In Florida 'Improper Fee' Case

  

  The Eleventh Circuit's recent decision in Fox v. Ritz-Carlton highlights the open question of what damages are available in "improper fee" cases under the Florida Deceptive and Unfair Trade Practices Act, says Aaron Weiss of Carlton Fields.

• Food And Beverage Policy Trends To Monitor This Year

  

  Companies can expect numerous changes to food and beverage regulation in 2021 — including new leadership at the U.S. Food and Drug Administration and the U.S. Department of Agriculture, more stringent enforcement efforts by the agencies, further use of virtual inspections, and progress in regulatory approvals for hemp and CBD products, say Robert Hibbert and Ryan Fournier at Wiley.

• ABA Approves Remote Practice, But Questions Remain

  

  Lawyers working remotely during the pandemic while physically outside the jurisdictions in which they are licensed will find some comfort in a recent American Bar Association opinion sanctioning such practice, but there is ambiguity regarding the contours of what's allowed, say attorneys at Harris Wiltshire.

• 2 Calif. Rulings Offer Lessons As Foreclosure Crisis Looms

  

  A pair of recent California state court decisions tied to homeowner protection laws foreshadow the kinds of litigation the mortgage industry may face if the pandemic leads to a wave of foreclosures, say Yakov Wiegmann and Matthew Lee at Riley Safer.

• DOT Unfair Practices Rule Adds Clarity To Airline Regulation

  

  The U.S. Department of Transportation's new rule clarifying how it decides that particular airline business practices are unfair or deceptive should bring much-needed clarity and objectivity to the department's enforcement proceedings, says David Heffernan at Cozen O'Connor.