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Consumer Protection

  • January 15, 2019

    Google, Amazon Urged To Keep Face ID Tech From Feds

    Dozens of advocacy groups joined together Tuesday to push Microsoft, Google and Amazon to refrain from selling face surveillance technology to the federal government, arguing that such a move would undermine public trust in their businesses and hand the government sweeping new power to target immigrants and minorities.

  • January 15, 2019

    NJ Panel Says Property Can't Be Levied For Ark. TCPA Suit

    A New Jersey state appeals court on Tuesday upended a ruling permitting the sale of property owned by the head of a piping company based on a $12.5 million class action judgment in Arkansas over alleged Telephone Consumer Protection Act violations, saying a trial court did not properly consider jurisdictional issues underlying the matter.

  • January 15, 2019

    Timeshare Owners Seek Fees Over Marriott's Withheld Docs

    Attorneys for timeshare owners locked in a lawsuit against Marriott Vacations over an alleged drop in the value of their properties asked for more than $200,000 in fees and expenses Monday after a Colorado federal magistrate judge sanctioned Marriott for a delay in turning over critical documents.

  • January 15, 2019

    Ameriprise Rips 'Quadruple Damages' In Life Insurance Fight

    A state judge in Pittsburgh awarded “quadruple damages” against Ameriprise Financial Inc. based on an erroneous reading of Pennsylvania law and wrongly handed out attorneys’ fees that had ballooned during appeal, the company told a state Superior Court panel Tuesday in a life insurance overpayment dispute.

  • January 14, 2019

    Skip Md.'s Bid To Revive Price-Gouging Law, Justices Urged

    The generic-drug industry on Monday urged the U.S. Supreme Court to turn down Maryland's attempt to revive a state law targeting price gouging, arguing that Maryland is attempting to skirt a "bedrock principle of federalism" by regulating what happens in other states.

  • January 14, 2019

    Trump Looks To Kill Racketeering Fraud Suit Against Kids, Co.

    President Donald Trump and three of his adult children asked a New York federal court Monday to toss a proposed class action alleging they orchestrated a criminal scheme to defraud consumers by providing spurious endorsements for a multilevel marketing company.

  • January 14, 2019

    Twitter, Google Look To Toss NM's Suit Over Kids' Data

    Twitter, Google and advertising services used in Tiny Lab's apps moved Friday to shake the New Mexico attorney general's claims that they surreptitiously collected kids' location data and personal information, arguing they had no actual knowledge the apps were directed toward children and have no concrete ties to the state.

  • January 14, 2019

    Robitussin Buyer Seeks Cert. In Label Suit Against Pfizer

    A consumer who claims Pfizer Inc. was deceitful about the "maximum strength" of its cough medicine Robitussin has asked an Illinois federal judge to certify a nationwide class of buyers who allegedly paid more for a weaker product.

  • January 14, 2019

    Chobani Defends Sugar Claim, Yet Made Changes To End Suit

    A Chobani executive told a Manhattan federal judge Monday that the company fast-tracked changes to the recipe and packaging of its new drinkable yogurt to try to stop a lawsuit by competitor Dannon, but insisted it didn't mislead shoppers with a label that sparked the suit.

  • January 14, 2019

    Allergan's Attack On Drug Compounding Falls Flat

    A California federal judge has rejected Allergan Inc.’s high-stakes effort to make many drug compounding activities unlawful, saying he will defer to the U.S. Food and Drug Administration’s decision to allow the activities.

  • January 14, 2019

    Biologist Found J&J Talc In Dying Woman's Tissue, Jury Hears

    A cell biologist took the stand Monday in a California jury trial over allegations that Johnson & Johnson talcum-made baby powder contained asbestos that caused a dying woman’s cancer, testifying that the woman's lung tissue contains talc, which he believes came from J&J's products.

  • January 14, 2019

    Businesses Want To Utilize User Data To Fight Cyber Threats

    A group of U.S. technology companies pushed Monday for the National Institute for Standards in Technology to embrace the collection and sharing of user data to fend off cyber threats as the agency continues to develop what is expected to be an influential set of privacy guidelines.

  • January 14, 2019

    House Oversight Launches Probe Over Top-Dollar Drugs

    The chairman of the U.S. House Committee on Oversight and Government Reform on Monday launched an investigation into drug pricing by sending letters to a dozen big-name drugmakers questioning how they price some of the world's best-selling drugs.

  • January 14, 2019

    High Court Passes On CFPB Constitutionality Case

    The U.S. Supreme Court said Monday that it won't take up a lawsuit challenging the constitutionality of the Consumer Financial Protection Bureau’s structure, a case that Trump administration lawyers had called a “poor vehicle” for the justices to consider this high-stakes issue.

  • January 14, 2019

    Exhibit List Ordered Trimmed After Insys Execs Blast Gov’t

    A group of former Insys Therapeutics Inc. executives charged with bribing doctors to prescribe the company’s opioid spray lit into government lawyers Monday after prosecutors allegedly missed multiple disclosure deadlines, and a Massachusetts federal judge gave the government until midnight to trim its witness and exhibit list.

  • January 11, 2019

    The Firms That Dominated In 2018

    Law360's top four Firms of the Year notched a combined 32 Practice Group of the Year awards after successfully securing wins in bet-the-company matters and closing high-profile, big-ticket deals for clients throughout 2018.

  • January 11, 2019

    Law360 Names Practice Groups Of The Year

    Law360 congratulates the winners of its 2018 Practice Group of the Year awards, which honor the law firms behind the litigation wins and major deals that resonated throughout the legal industry in the past year.

  • January 11, 2019

    Tough Mudder Runners Seek To Stop Gym Biz Spinoff

    A proposed class of disgruntled Tough Mudder participants on Friday asked a Massachusetts federal court to halt the proposed spinoff of Tough Mudder's successful studio fitness business, alleging the company is trying to avoid liability from their lawsuit over an event that was relocated from Massachusetts to Maine.

  • January 11, 2019

    Judge Sours In Yogurt Co. Fight, Calls Attys 'Children'

    The back-and-forth between Chobani and Dannon in a dispute over the sugar content of the companies' yogurt drinks left a bad taste in the mouth of a New York federal judge, who chided the attorneys for "behaving like small children" Friday in a terse response to a motion.

  • January 11, 2019

    9th Circ. OKs Dismissal of Southwest Refund Policy Spat

    A Ninth Circuit panel issued an unpublished opinion on Thursday affirming the dismissal of a putative class action alleging Southwest Airlines Co.'s travel-credit policy for refunds on canceled flights has hidden exceptions that obscure when the credit expires, finding that the passengers were given clear notice of the expiration date.

Expert Analysis

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • 5 Lessons From State AGs' HIPAA Data Breach Suit

    Hanley Chew

    The allegations in State of Indiana v. Medical Informatics Engineering — the first federal lawsuit filed by multiple state attorneys general over a data breach based upon alleged Health Insurance Portability and Accountability Act violations — provide some guidance on adequate network security, say Hanley Chew and Tyler Newby of Fenwick & West LLP.

  • The Trump Administration's Latest Drug Pricing Initiatives

    Tom Bulleit

    In 2018, the Trump administration took few concrete steps that will significantly impact drug prices in the near future. The most consequential ideas lack political support, while the more feasible ideas are unlikely to change much, say attorneys at Ropes & Gray LLP.

  • Series

    Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

    Judge David Barron

    Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

  • Why Apple Customers Lost A Suit Over Storage Capacity

    Jeffrey Edelstein

    A California federal court recently dismissed a lawsuit filed by Apple customers over the advertised storage capacity of iPhones and iPads. The case illustrates the importance of accurate advertising about the technical specifications of products, but also the need for plaintiffs to draft their complaints with care, says Jeffrey Edelstein of Manatt Phelps & Phillips LLP.

  • How Calif. Privacy Act Could Prompt Private Plaintiff Suits

    Joshua Jessen

    Even absent a private right of action, businesses subject to the California Consumer Privacy Act should still be concerned about the possibility of private lawsuits — including class actions — arising from the law, says Joshua Jessen of Gibson Dunn & Crutcher LLP.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 2

    Peter Jarvis

    Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • Shutdown's Messy Impact On Consumer Protection Activities

    Alan Wingfield

    As it appears the federal government shutdown could continue for some time, attorneys with Troutman Sanders LLP discuss its effect on the regulatory and litigation docket for consumer-facing companies.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 1

    Peter Jarvis

    Contrary to what the New York City Bar Association concluded in an ethics opinion last year, lawyer-directed nonrecourse commercial litigation funding does not violate New York rules on sharing fees with nonlawyers, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • Early Steps Toward Rule-Making For Calif. Privacy Act

    Grant Davis-Denny

    At the California Department of Justice's first informal public forum on the Consumer Privacy Act, we began to see where consumer advocates and the regulated community may focus their efforts during the CCPA rule-making process, says Grant Davis-Denny of Munger Tolles & Olson LLP.