Consumer Protection

  • October 19, 2020

    High Court Urged To Block Robocall Barrage In Facebook Suit

    A man suing Facebook over allegedly unsolicited text messages is pushing the U.S. Supreme Court to declare that the Telephone Consumer Protection Act broadly encompasses any device that can automatically dial numbers, arguing that adopting a narrower reading would "unleash the torrent of robocalls" that the law is intended to stop.

  • October 19, 2020

    Trump Tells DC Circ. TikTok Ruling Undermines His Authority

    The Trump administration has told the D.C. Circuit that a trial judge's order temporarily blocking the government from banning new downloads of video-sharing app TikTok from U.S. app stores erroneously second-guessed President Donald Trump's "sensitive national security judgments" and his assessment that personal data of Americans was being collected by the Chinese government.

  • October 19, 2020

    Trust's $2M Suit Over Alleged Scam Tossed Out

    A trust company hasn't lobbed allegations particular enough to advance civil racketeering claims against a businessman who allegedly defrauded it out of $2 million, thousands of dollars of which was earmarked for digital currency trading, an Illinois federal judge said Monday.

  • October 19, 2020

    Preparing The Next Generation Of Female Trial Lawyers

    To build the ranks of female trial attorneys, law firms must integrate them into every aspect of a case — from witness preparation to courtroom arguments — instead of relegating them to small roles, says Kalpana Srinivasan, co-managing partner at Susman Godfrey.

  • October 19, 2020

    Mentorship Is Key To Fixing Drop-Off Of Women In Law

    It falls to senior male attorneys to recognize the crisis female attorneys face as the pandemic amplifies an already unequal system and to offer their knowledge, experience and counsel to build a better future for women in law, says James Meadows at Culhane Meadows.

  • October 19, 2020

    What BigLaw Can Do To Actually Retain Female Attorneys

    Even as BigLaw firms are recruiting women into their ranks in larger numbers, their presence in leadership and equity partnerships remains stubbornly low. Here’s a look at why this is happening — and what firms can do.

  • October 19, 2020

    Female Attorneys Gain Ground In Battle For Clerkships​

    More female attorneys are landing highly sought-after U.S. Supreme Court clerkships, and the experience can turbocharge their careers.

  • October 19, 2020

    These Firms Have The Most Women In Equity Partnerships

    At most U.S. law firms, equity partnerships are still overwhelmingly male, but women at some firms are starting to shake up that reality and smash the glass ceiling that has prevented them from advancing to the uppermost ranks. Here are this year’s Ceiling Smashers — the firms that are outpacing their peers as the legal industry works toward closing the gender gap in its top ranks.

  • October 19, 2020

    Wearing Natural Hair In BigLaw

    In this video, four Black women share their thoughts about wearing natural hair as BigLaw attorneys. In order of appearance, the attorneys are: Rukayatu Tijani, founder of Firm for the Culture and a former BigLaw associate; Delilah Clay, legislative & regulatory advisor at Manatt Phelps & Phillips LLP; Rachel Boyce, associate at Cooley LLP; and Crystal Nwaneri, associate at Fenwick & West LLP.

  • October 19, 2020

    Apple, Epic Warned Against Atty 'Nastiness' In Antitrust Fight

    A California federal judge repeatedly warned Apple and Epic Games Inc.'s counsel Monday that she'll sanction attorneys for any "nastiness" as their antitrust fight heads toward a May bench trial, and also aired concerns the public has maxed out the court's Zoom license and posted bootlegged videos of some hearings online.

  • October 19, 2020

    Justices Warned Of 'Upheaval' In FHFA Constitutionality Case

    The outside attorney tasked with defending the Federal Housing Finance Agency's constitutionality has warned the U.S. Supreme Court of the potential for "dramatic upheaval" if the justices invalidate the housing regulator's single-director independent structure, arguing that such a ruling could expose the Federal Reserve and other parts of the federal government to legal challenge.

  • October 19, 2020

    11th Circ. Judge Rips Firm's Letter In Debt Collection Case

    A debt collection letter from Scott & Associates PC seemed to be "riddled with inconsistencies," an Eleventh Circuit judge said Monday during oral arguments about whether the letter's recipient should be able to pursue a proposed class action against the firm.

  • October 19, 2020

    Fla. Schools Rebut COVID-19 Suits Based On 'Disappointment'

    Two Florida universities have shot back at proposed class actions over their decisions not to issue partial tuition and fee refunds after classes were moved online due to the COVID-19 pandemic, saying the suits are rooted in students' subjective disappointment that does not hold up in court.

  • October 19, 2020

    American Told Internet Archive Not Evidence In Refund Suit

    A Texas federal judge has asked American Airlines Inc. for more evidence that it can compel arbitration under a third-party travel agency's terms of use with passengers seeking refunds for flights canceled due to COVID-19, saying search results pulled from an internet archive website won't suffice.

  • October 19, 2020

    House Dems Say Pai's Section 230 Rulemaking Is Political

    House Democrats on Monday criticized FCC Chairman Ajit Pai's move to "clarify" interpretations of a rule that governs when websites' efforts to moderate user-posted content leaves them exposed to potential legal liability, characterizing the chairman's move as an attempt to aid the president before the election.

  • October 16, 2020

    In Their Own Words: Being A Woman In BigLaw

    Firms are recruiting more women than previously to their ranks, but still have trouble retaining them at the same rate as men. Law360 asked three female attorneys who left BigLaw about how firms could better serve the women who work there. Here's what they have to say.

  • October 16, 2020

    Law360's Glass Ceiling Report: What You Need To Know

    While law firms continue to tout efforts to close the gender gap in their ranks, parity is still a distant goal, our annual survey shows.

  • October 16, 2020

    Glass Ceiling Report: How Does Your Firm Measure Up?

    Law firms have long struggled to clear the barriers women face in the legal industry, particularly when it comes to accessing the top ranks. Law360's 2020 Glass Ceiling Report looks to shed light on the progress firms have made and where they aim to be.

  • October 16, 2020

    Energy Drink Rivals' Design Trial Closes On Colorful Note

    Counsel for the maker of Bang energy drink sang and strummed his guitar for a Florida federal judge Friday, putting a final note on a trial over alleged trade dress infringement by rival Monster Energy Co. almost as colorful as the vibrant can designs at issue.

  • October 16, 2020

    Consumers Seek Class Cert. In $150M Insurance Scam Suit

    A group of consumers is seeking class certification in a suit alleging a Florida health carrier engaged in a $150 million scam to get them to buy shoddy insurance policies, telling a Florida federal court that the carrier engaged in a uniform selling scheme to all consumers.

  • October 16, 2020

    Experian Escapes Breach Of Contract Data Suit For Now

    A California federal judge has trimmed a breach of contract suit against consumer credit reporting company Experian Americas, finding that Experian must continue to face some claims that it improperly used a former business partner's data.

  • October 16, 2020

    9th Circ. Won't Hear Sutter Health's Appeal Of Class Cert.

    The Ninth Circuit summarily refused on Friday to let Sutter Health appeal certification of a damages class of health insurance plan purchasers seeking $489 million on claims they overpaid because the hospital chain violated antitrust laws.

  • October 16, 2020

    1st NY 'Tech Sprint' To Target Crypto Co. Regulatory Reporting

    New York's financial services regulator wants to speed up the data collection needed for monitoring the condition of financial firms it oversees and is laying plans for its first-ever "tech sprint" toward that goal, adopting a strategy increasingly favored by agencies for experimenting with technology-led regulatory innovation.

  • October 16, 2020

    Myriad Section 230 Bills Show Agreement Still Out Of Reach

    Lawmakers in both parties have recently shown interest in narrowing a federal internet liability shield now protecting social media platforms from lawsuits over user-posted content, but experts say they are still far from a clear-cut compromise.

  • October 16, 2020

    No Overhaul Likely After House Antitrust Tech Report

    A House panel released its findings earlier this month from a yearlong investigation into Amazon, Apple, Facebook and Google with a report from Democrats calling for sweeping legislative changes aimed at loosening the grip they found dominant tech platforms wield over the economy. But reactions to the report suggest more subtle shifts might have a better chance of moving ahead.

Expert Analysis

  • Calculating FCA Damages From PPP Fraud May Be Tricky

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    The Paycheck Protection Program will undoubtedly give rise to False Claims Act enforcement, but the intangible nature of some contract benefits and differences in contract valuation between the circuits raise uncertainty about damages calculations, say Ellen London at Alto Litigation and Derek Adams at Potomac Law.

  • Petland Ruling Continues Scrutiny Of RICO Enterprise Claims

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    Michael Soyfer at Quinn Emanuel discusses how the Eleventh Circuit's recent decision in Cisneros v. Petland follows the appellate court trend of limiting what qualifies as an enterprise for Racketeer Influenced and Corrupt Organizations Act claims, despite the U.S. Supreme Court's efforts to limit constrictions on the definition.

  • How A Biden Administration Would Shape IP Policy

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    While Democratic presidential nominee Joe Biden's intellectual property agenda would likely strengthen patent rights and international trade secret enforcement, proposals to drastically reduce employee noncompete and no-poach agreements could weaken protections domestically, say Charles Barquist and Maren Laurence at Maschoff Brennan.

  • Guest Feature

    5 Ways Firms Can Avoid Female Atty Exodus During Pandemic

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    The pandemic's disproportionate impact on women presents law firms with a unique opportunity to devise innovative policies that will address the increasing home life demands female lawyers face and help retain them long after COVID-19 is over, say Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks.

  • Ill. Ruling Bolsters Trend Against No-Injury Monitoring Claims

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    The Illinois Supreme Court's recent ruling in Berry v. City of Chicago, rejecting claims for medical monitoring by plaintiffs not suffering present physical injuries, reflects a growing trend and could influence other state courts to rule similarly, say John Ewald and Matthew Bush at King & Spalding.

  • How The State And Local Regulatory Landscape Is Expanding

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    States and localities are employing creative methods to emerge as key players in regulatory enforcement traditionally dominated by the federal government, including False Claims Act investigations, unfair and deceptive acts and practices claims, and pharmaceutical sector regulation, say attorneys at Troutman Pepper.

  • DOJ Guidance, Indictment Suggest Expanding Crypto Focus

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    Read together, the U.S. Department of Justice's recently released cryptocurrency guidance and unsealed BitMEX indictment send a strong message that the government is expanding efforts to combat use of digital assets and blockchain technology for criminal purposes, say Benjamin Klein and Deborah Meshulam at DLA Piper.

  • Opinion

    Lawyers Must Fight Voter Suppression This Election Season

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    Lawyers should use their unique skill sets, knowledge and spheres of influence to fight burdensome ID requirements and other voter suppression tactics that may influence the 2020 elections, and to participate in potential post-election litigation, say CK Hoffler and Allyce Bailey at the National Bar Association.

  • Why Online Mediation May Be Here To Stay

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    Videoconferenced mediation offers several advantages and helps cases settle faster and more cordially, making it hard to imagine going back to logistically difficult in-person dispute resolution after COVID-19 restrictions are gone, says Sidney Kanazawa at ARC.

  • Clients Have The Power To Promote Wellness At Law Firms

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    Law firm clients can play a role in lowering mental distress in the legal profession by seeking lawyer wellness data from firms and factoring those responses into outside counsel hiring decisions, says Jonathan Prokup at Cigna.

  • 9th Circ. Ruling Reinforces FTC Disgorgement Authority

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    The Ninth Circuit's recent decision in Federal Trade Commission v. OMICS — a case involving deceptive practices allegations against an academic conference and journals company — may further embolden the commission to seek the broadest possible measure of disgorgement, even when not supported by its own evidence, says August Horvath at Foley Hoag.

  • Opinion

    Appellate Courts Should Welcome Well-Crafted Amicus Briefs

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    A Seventh Circuit judge's recent order granting leave for three organizations to file amicus curiae briefs in Prairie Rivers Network v. Dynegy Midwest Generation is a reminder that relevant, nonduplicative amicus briefs can provide courts with helpful perspective, important facts and legal arguments, says Lawrence Ebner at Capital Appellate Advocacy.

  • Why ESG Considerations Matter For Energy Executives

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    With the U.S. Securities and Exchange Commission, State Street Global Advisors and others recently placing more emphasis on environmental, social and governance corporate disclosures, energy companies must demonstrate a commitment to addressing climate change and social issues, while reassuring investors of continued value growth, say attorneys at Sidley.

  • 4 Compliance Tips Amid Increased Ransomware Scrutiny

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    In light of two new U.S. Treasury Department advisories signaling increased oversight of ransomware payments, victim companies and their third-party response teams considering making payments should follow certain due diligence and compliance best practices, say attorneys at Squire Patton.

  • CFPB U-Turn On Mortgage Marketing May Repair Industry Ties

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    The Consumer Financial Protection Bureau this week rescinded previous guidance that increased scrutiny on marketing services agreements in the mortgage space, representing a step toward reconciling the often tense relationship between regulators and the industry, says Nate Viebrock at Viebrock & De Nittis.

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