Consumer Protection

  • June 01, 2020

    Wishbone App Maker Sued Over Breach Affecting 40M Users

    The company behind the social media app Wishbone was sued Monday over a massive data breach in which the personal information of more than 40 million users, most of them teenagers, was purportedly marketed on the dark web and later leaked for free, according to a proposed class action filed in California federal court.

  • June 01, 2020

    DOJ Tries Again To Nix Ruling On $360M Sabre-Farelogix Deal

    The U.S. Department of Justice is continuing to press the Third Circuit to undo a lower court rejection of its challenge to Sabre's planned $360 million Farelogix purchase, blasting the airline booking firms' contention that it improperly coordinated with U.K. antitrust enforcers to stop the deal.

  • June 01, 2020

    NY Judge Says Ill. Plaintiff Can't Control Clearview BIPA Suits

    An Illinois plaintiff alleging Clearview AI's searchable face database violates the state's biometric privacy law has "no right to control the litigation and disposition of any claim other than his own" and can't intervene in similar cases pending in the Southern District of New York, a New York federal judge ruled Friday.

  • June 01, 2020

    King & Spalding Fights DQ Bid In WhatsApp Hacking Suit

    King & Spalding LLP fired back at WhatsApp's "drastic" bid to disqualify the law firm from representing an Israeli spyware company that the messaging app has accused of hacking its users' phones, arguing that FBI Director Christopher Wray and two others who previously advised WhatsApp departed the firm "long before" the suit was filed last year.

  • June 01, 2020

    Walmart Can't Stick A Fork In Shopper's Overcharge Beef

    A Florida federal judge denied in full Walmart Inc.'s bid to dismiss a putative class action alleging that the retail behemoth has for years used sales prices to overcharge customers for its packaged meat products, ruling that Walmart's assertions are unpersuasive and that all claims against it survive.

  • June 01, 2020

    JPMorgan Seeks To Halt MDL Push Over Virus Relief Loans

    JPMorgan Chase Bank NA has urged a federal judicial panel not to create multidistrict litigation for an array of lawsuits it's facing over its participation in a federal coronavirus relief loan program for small businesses, arguing that the cases are "a jigsaw puzzle of unmatched pieces."  

  • June 01, 2020

    PetSmart Facing Class Action Over Pet CBD Products

    A proposed class of customers is accusing PetSmart of selling a CBD oil for animals that has not been approved by the U.S. Food and Drug Administration, and that the company intended to mislead consumers about the product's legality.

  • June 01, 2020

    Consumers Say Co. Touts More CBD Than It Delivers

    CBD company Just Brands USA Inc. was hit with a proposed class action on Friday in California federal court alleging that the company inflates the amount of CBD on the labeling for its edible products and tinctures, with some containing no CBD at all.

  • June 01, 2020

    FCC Eases Rules For Providing Subsidized Tribal Broadband

    The Federal Communications Commission in an order Monday made it easier for low-income consumers living on rural tribal lands to obtain discounts on broadband internet and phone services during the coronavirus pandemic.

  • June 01, 2020

    Coronavirus Q&A: Cohen Milstein's Tort Litigation Chair

    In this edition of Coronavirus Q&A, a Cohen Milstein Sellers & Toll PLLC partner representing people who have suffered catastrophic injuries, who also serves as an advocate for trial attorneys, discusses how the COVID-19 pandemic has affected client intake and lobbying efforts.

  • June 01, 2020

    Bulk Of FTC's False Ad Suit Against LendingClub Kept Alive

    A California federal judge gave both the Federal Trade Commission and LendingClub partial quick wins Monday in the regulator's false advertising suit against the loan servicer, but allowed the bulk of the suit to move forward after finding that several questions of fact and law remained.

  • June 01, 2020

    Fla. Judge Sends $35M Crypto Ponzi Case To State Court

    A Florida federal judge remanded an alleged $35 million cryptocurrency Ponzi scheme case to state court Monday, saying the lower court where the lawsuit originated has jurisdiction to hear the claims against the perpetrators of the "uncovered securities" enterprise.

  • June 01, 2020

    Western Digital Sued Over 'Completely Worthless' Hard Drives

    Western Digital Corp. has been hit with a proposed class action in California federal court accusing the data storage giant of surreptitiously changing the design of a popular hard drive product in a way that made the devices "completely worthless."

  • June 01, 2020

    'Smart Sock' Baby Monitor Maker Beats Defect Suit, For Now

    A Utah federal judge on Monday dismissed claims by parents that Owlet Baby Care Inc.'s "Smart Sock" baby monitors are defective, saying the parents' pleadings were vague and inconsistent and failed to demonstrate how the company misled them on the product's effectiveness.

  • June 01, 2020

    2nd Circ. Side-Eyes Vehicle Emissions Penalty Rollback

    A Second Circuit panel appeared skeptical Monday about whether the Trump administration was within its rights to implement a nearly 61% rollback of penalties for violations of motor vehicle average fuel economy standards.

  • June 01, 2020

    Comcast Tells 9th Circ. Privacy Suit Belongs In Arbitration

    Comcast told the Ninth Circuit on Monday that a subscriber's proposed class action accusing it of violating privacy laws by collecting personal information for advertising purposes belongs in arbitration, arguing that the California Supreme Court's McGill decision barring class waivers doesn't apply.

  • June 01, 2020

    Pa. Judge Says Fax For Free Webinar Doesn't Violate TCPA

    An unsolicited fax to a doctor's office offering a free webinar was not an "advertisement" in violation of the Telephone Consumer Protection Act since there was nothing being sold, a Pennsylvania federal judge has ruled.

  • June 01, 2020

    Calif. Dispensary Latest Pot Company To Face TCPA Suit

    A medical pot dispensary in California was the latest in a slew of cannabis companies to face a proposed class action over Telephone Consumer Protection Act violations for allegedly sending unwanted spam marketing texts.

  • June 01, 2020

    Research Firm Says Survey Pitches Don't Break TCPA Ad Ban

    A market research firm and its former parent asked the Third Circuit for en banc rehearing of a divided panel decision that said unwanted faxes seeking individuals' participation in market surveys violate the Telephone Consumer Protection Act.

  • June 01, 2020

    Justices Won't Take AT&T, Comcast Arbitration Fight

    The U.S. Supreme Court won't take up AT&T and Comcast's efforts to force two separate consumer disputes into arbitration, according to orders released Monday.

  • June 01, 2020

    Lieff Cabraser Snags $40M Fees From Sandoz, Momenta Deal

    Lieff Cabraser Heimann & Bernstein LLP and a former firm associate have won $40 million in fees from a $120 million deal they helped hospitals, health insurers and uninsured consumers ink with Sandoz and Momenta over the price of generic blood thinners.

  • June 01, 2020

    ACLU, Others Back Maine Web Privacy Law Against Challenge

    The American Civil Liberties Union and other groups filed an amicus brief Friday in defense of Maine's new online privacy law, as several telecom trade groups contend the law violates the First Amendment and seek to strike it down.

  • May 29, 2020

    Pierce Bainbridge Calls Interim Class Lead Bid Premature

    Pierce Bainbridge's remaining lawyers have urged a Texas federal judge not to appoint a new firm formed by their ex-colleagues as interim lead counsel in a proposed class action against Southwest Airlines and Boeing, saying the move would be "premature."

  • May 29, 2020

    Rejected College Applicants Can't Sue Over 'Varsity Blues'

    A California federal judge tossed two putative class actions against the mastermind of the "Varsity Blues" admissions cheating scandal and universities tied to the headline-grabbing case, ruling Friday that the rejected college applicant plaintiffs weren't particularly impacted by the scheme.

  • May 29, 2020

    GM Gets Claims Trimmed In Takata Airbag MDL

    A Florida federal judge on Friday trimmed claims against General Motors in multidistrict litigation alleging the automaker sold vehicles with defective Takata Corp. air bags, tossing nationwide federal warranty claims but coming down on both sides on claims brought under various state laws.

Expert Analysis

  • How Lawyers Can Network Better, Virtually And In Person

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    The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.

  • Practical Tips For Presenting Your Case To Litigation Funders

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    One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.

  • Online Ad Lessons From FTC Lending Marketplace Settlement

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    The Federal Trade Commission’s recent settlement with LendEDU over deceptive marketing practices demonstrates why online ads should always be clearly labeled as paid and how financial institutions and other companies should adjust their digital marketing compliance, says Nathan Viebrock at Troutman Sanders.

  • Perspectives

    Illinois Must Do More To Protect Consumers In Debt

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    A recent Illinois Supreme Court order limiting debt collectors' ability to freeze personal bank accounts during the pandemic is progress, but it does not solve the underlying issue that debt courts are rigged against low-income people, says Ashlee Highland at CARPLS Legal Aid.

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • Strategies For Managing Calif. Litigation As Courts Reopen

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    As state and federal courts in California begin to reopen, strategic decisions need to be made about where cases should be filed, public and private perception of litigation conduct, alternative plans for discovery, and more, says attorney Steven Brower.

  • Assessing The Novel Antitrust Claims In Humira Case

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    Indirect purchasers are accusing AbbVie of anti-competitive conduct through the use of so-called patent thickets to allegedly delay biosimilar versions of Humira — a theory that would potentially hold a pharmaceutical company liable for the acquisition and enforcement of its patents, raising important legal and economic questions, say analysts at Charles River Associates.

  • When Unclear Retail Rent-To-Own Terms Draw FTC Ire

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    The Federal Trade Commission's recent settlement with Progressive Leasing over its failure to clearly disclose rent-to-own prices illustrates the FTC's propensity to seek equitable monetary relief from national advertisers, as well as policy differences between Republicans and Democrats, say John Feldman and Gerry Stegmaier at Reed Smith.

  • 7 Considerations For BIPA Class Action Defense

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    Jad Sheikali at Honigman outlines the ever-growing list of issues facing companies defending class actions under the Illinois Biometric Information Privacy Act and how jurisdictional pitfalls and recent developments in preemption may affect defense strategies.

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • Calif. Justices' Ruling Marks Turning Point For Jury Trial Right

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    The California Supreme Court’s holding that unfair competition and false advertising claims don’t need to be tried by a jury in Nationwide Biweekly v. Superior Court creates a framework for analyzing causes of action under other state laws that could steer courts to similar conclusions, says Patrick Hammon at McManis Faulkner.

  • The Legal Risks Of Bias In Artificial Intelligence

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    Bias in artificial intelligence algorithms is inevitable, so companies that use AI should take proactive steps to avoid disparate impact on legally protected classes and minimize the risk of lawsuits, say Brig. Gen. Patrick Huston at the Army JAG Corps and Lourdes Fuentes-Slater at Karta Legal.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

  • Opinion

    Justices Should Construe Computer Fraud Law Narrowly

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    In U.S. v. Van Buren, the U.S. Supreme Court should follow burglary and trespass cases to limit the Computer Fraud and Abuse Act’s scope to accessing or misusing employer data and avoid the absurd result of criminalizing an employee's unauthorized Facebook visit, say Anthony Volini and Karen Heart at DePaul University.

  • FTC Continues To Zero In On Problematic M&A Noncompetes

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    Although noncompete clauses often play a vital role in mergers and acquisitions, they are not immune from antitrust scrutiny — exemplified by three recent Federal Trade Commission challenges, say Joel Grosberg and Lisa Rumin at McDermott.

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