Consumer Protection

  • January 27, 2022

    Evenflo Escapes Deceptive Marketing Booster Seat MDL

    A Massachusetts federal judge on Thursday freed Evenflo Co. from a multidistrict deceptive marketing suit over its Big Kid booster seats, finding that the consumers had not put forth a plausible theory for how they were harmed economically by purchasing the seats.

  • January 27, 2022

    FTC Says Social Media Is A 'Gold Mine' For Crypto Scammers

    Facebook, Instagram and other social media platforms are a "gold mine" for scammers, according to a new consumer protection data report from the U.S. Federal Trade Commission, which said last year saw a sharp spike in online fraud schemes, particularly bogus cryptocurrency ventures.

  • January 27, 2022

    Breyer's Departure Opens Door For More Reliable Privacy Vote

    Retiring U.S. Supreme Court Justice Stephen Breyer has had a mixed record on defending individuals from warrantless government searches and unwanted robocalls, presenting an opportunity for the "wild card" to be replaced with a jurist who's more solidly on the side of protecting privacy and civil liberties. 

  • January 27, 2022

    The Term: Breyer's Legacy And The Nomination To Come

    Justice Stephen Breyer on Thursday formally announced he would be retiring at the end of the Supreme Court term. Here, The Term breaks down the legacy he will leave behind and takes a look at what lies ahead for his potential successor with two special guests.

  • January 27, 2022

    Attys Seek $150K Fee Award In Cannabis Cos.' TCPA Deal

    A class of Washington state residents who received unsolicited commercial text messages from two cannabis companies has moved to secure $150,000 in attorney fees after striking a deal to settle their Telephone Consumer Protection Act claims for $618,000 in store vouchers.

  • January 27, 2022

    Breyer Retiring As Supreme Court Lurches Right

    Justice Stephen Breyer is retiring from the U.S. Supreme Court at a time when his conservative colleagues on the bench seem intent on dismantling landmark precedents on abortion, affirmative action and the administrative state, to name a few. Can his successor preserve his liberal legacy?

  • January 27, 2022

    Breyer Leaving A Moderate's Mark On Antitrust Law

    A reliable member of the high court’s liberal wing on many issues, Justice Stephen Breyer has struck a more moderate approach when it comes to antitrust law, penning opinions and dissents supporting more enforcement in some cases and pro-defense views in others. Here, Law360 looks at the mark Justice Breyer will leave on antitrust matters when he retires at the end of the term.

  • January 27, 2022

    Chicken Of The Sea Buyers Win OK Of $40M Price-Fix Deals

    A California federal judge has signed off on three deals totaling $39.5 million resolving buyers' claims that Chicken of the Sea International schemed with other seafood producers to jack up the price of canned tuna, bringing an end to years of antitrust litigation against the tuna giant.

  • January 27, 2022

    FCC Kicks Off Study For Broadband 'Nutrition Labels'

    The Federal Communications Commission voted unanimously Thursday to begin considering new rules that would require broadband providers to display easy-to-understand labels to allow consumers to comparison shop for broadband services, similar to nutrition labels on foods.

  • January 27, 2022

    Customer Drops Claims Uber Eats Overcharged Sales Tax

    A New York Uber Eats customer dropped a proposed class action Thursday that claimed the delivery service overcharged customers because of how it calculates sales taxes with its promotions.

  • January 27, 2022

    Bessemer Trust Favors Proprietary Funds, Class Action Says

    Bessemer Trust Company has been hit with a proposed class action in New Jersey federal court over claims that it has engaged since 2016 in unlawful self-dealing and shown favoritism to its proprietary Old Westbury Funds, causing investors to experience increased fees and meager returns.

  • January 27, 2022

    Fed. Court Should've Dropped NJ Cable Fight, 3rd Circ. Told

    The New Jersey Board of Public Utilities told the Third Circuit on Thursday that a federal court should have stepped away from the regulator's battle with cable company Altice USA Inc. over customer billing, but stayed in the fight after misapplying the test for determining when abstention is appropriate.

  • January 27, 2022

    All Pa. Counties Join $26B Opioid Deal Over DAs' Objections

    All 67 Pennsylvania counties have signed on to a $26 billion, multistate settlement with three distributors and one manufacturer of opioid drugs, the state's attorney general's office announced Thursday, despite the district attorneys of its two largest counties opposing the deal.

  • January 27, 2022

    Facebook Data Antitrust Suits Get New Judge

    A string of cases in California federal court accusing Facebook of monopolizing social media markets through its use of consumer data have been reassigned to a new judge thanks to the recent elevation of Judge Lucy H. Koh to the Ninth Circuit.

  • January 27, 2022

    Vision Biz To Pay $3.5M For Selling Non-Prescription Contacts

    The Federal Trade Commission has inked a $3.5 million settlement with Hubble Contacts to end claims that the online company sent out lenses that did not match customers' prescriptions and paid for positive reviews.

  • January 27, 2022

    Privacy Groups Push 'Fourth Amendment Not For Sale' Bill

    Consumer privacy advocates are urging lawmakers to advance a bill to prevent law enforcement and intelligence agencies from buying Americans' private data from telecom providers.

  • January 27, 2022

    Robinhood Defeats Investors' 'Meme Stock' Claims

    Robinhood on Thursday defeated claims that it wrongly blocked investors from buying "meme stocks" during last year's market volatility, with a Florida federal court finding the stock-trading platform acted within the scope of its customer agreement.

  • January 27, 2022

    Judge Jackson Back In Spotlight As High Court Contender

    The upcoming vacancy on the U.S. Supreme Court quickly threw the spotlight back on D.C. Circuit Judge Ketanji Brown Jackson, a former clerk for Justice Stephen Breyer whose stature as a likely successor to the retiring justice was suddenly raised Wednesday.

  • January 27, 2022

    Biden At His Side, Justice Breyer Announces Retirement

    Supreme Court Justice Stephen Breyer joined President Joe Biden at the White House Thursday to formally announce his retirement, kicking off a rush among Democrats to confirm a new member of the court to replace the oldest serving justice.

  • January 26, 2022

    Intel Must Face Trimmed Microprocessor Security Flaw Suit

    An Oregon federal judge on Wednesday trimmed but refused to fully throw out a proposed class action accusing Intel Corp. of knowingly peddling defective microprocessors, ruling that consumers have adequately pled that Intel delayed disclosure of the purported defects after they were discovered in 2017.

  • January 26, 2022

    Illinois Man Accuses Online Tribal Lenders of Predatory Loans

    An Illinois debtor has filed a proposed class action against a group of online tribal lending companies for allegedly issuing illegal high-interest loans, adding to a trend of similar complaints across the country that accuse unscrupulous lenders of using tribes as a mere front to gain immunity from prosecution.

  • January 26, 2022

    Democrats Plan Swift Confirmation Of Breyer Successor

    The U.S. Senate's Democratic leaders pledged Wednesday to move swiftly to confirm a successor for U.S. Supreme Court Justice Stephen Breyer, who is expected to formally announce his retirement Thursday.

  • January 26, 2022

    Wash. AG's Antitrust Probe Ends 'Sold By Amazon' Program

    Washington state's attorney general announced Wednesday that an investigation by his office shut down an Amazon program that allegedly violated antitrust laws by setting minimum prices for certain third-party products sold on the retailer's platform.

  • January 26, 2022

    FCC Updates Political Ad Record-Keeping Rules

    The Federal Communications Commission has officially updated its record-keeping and political programming rules for companies that hold broadcast licenses, the first serious tweaks that the agency has made in this area in 30 years.

  • January 26, 2022

    Del. Bankruptcy Ruling Sparks Rethink On Student Loan Debt

    A recent ruling from a Delaware bankruptcy judge that eliminated a debtor's near $100,000 student loan debt has energized consumer bankruptcy attorneys who say it pulls a harshly interpreted standard for "undue hardship" back to its origins and could pave the way for wider student debt relief.

Expert Analysis

  • Ky. BIPA Copycat Bill Could Usher In Class Action Tsunami

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    A new Kentucky bill replicating Illinois' Biometric Information Privacy Act may trigger a wave of class actions, and momentum for similar legislation in other states, but companies can get ahead of it by taking several proactive compliance measures, says David Oberly at Blank Rome.

  • How AI Can Transform Crisis Management In Litigation

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    Attorneys should understand how to use rapidly advancing artificial intelligence technology to help clients prepare for potential catastrophic events and the inevitable litigation arising from them, from predicting crises before they occur to testing legal theories once they arise, say Stratton Horres at Wilson Elser and David Steiger.

  • Supervisor Relationships Are Key To Beating Atty Burnout

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    In order to combat record attorney turnover and high levels of burnout, law firm partners and leaders must build engaging relationships with supervisees, fostering autonomy and control, enabling expression of values, and building a sense of community and belonging, says Anne Brafford at the Institute for Well-Being in Law.

  • Online Subscriptions Face New Calif. Arbitration Standard

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    After a California state appeals court's recent ruling in Sellers v. JustAnswer against a website's so-called sign-in-wrap agreement that bound consumers to individual arbitration, companies offering recurring subscriptions to California consumers should reevaluate their enrollment processes, says Joseph Addiego at Davis Wright.

  • The Rising Demand For Commercial Litigators In 2022

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    Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.

  • When Fair Notice Precludes Punitive Damages

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    The ongoing pandemic has done little to slow the continued proliferation of novel theories of tort liability, but even when courts approve, the U.S. Constitution's requirement of fair notice may prohibit punitive damages, says Mitchell Morris at Butler Snow.

  • Opinion

    FTC Should Rethink Market Issues In Facebook Case

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    The Federal Trade Commission's antitrust prosecution of Meta Platforms, formerly Facebook, may have survived the initial litigation stage this week, but the case still does not embrace the markets it purports to fix, says David Reichenberg at Cozen O'Connor.

  • 5 Advertising Law Trends To Watch

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    For the world of advertising, 2022 will bring new compliance challenges and considerations shaped by legal developments in everything from nonfungible-token commerce in the metaverse to the ever-growing impact of social media on young users, say Jason Gordon and Deborah Bessner at Reed Smith.

  • How In-House Counsel Can Make The Case For Settling Early

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    Following the recent settlement in McDonald's v. Easterbrook, in-house counsel should consider decision-tree analyses and values-driven communications plans to secure effective, early resolutions in litigation, saving time and money and moving the company mission forward, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at The Torrenzano Group.

  • To Retain Talent, GCs Should Prioritize Mission Statements

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    With greater legal demands and an increasing number of workers resigning during the pandemic, general counsel should take steps to articulate their teams' values in departmental mission statements, which will help them better prioritize corporate values and attract and retain talent, says Catherine Kemnitz at Axiom.

  • Retailers Must Start Preparing For New Business Privacy Laws

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    Miriam Farhi and Kelsey McIntosh at Perkins Coie describe the key features of new comprehensive privacy laws in California, Virginia and Colorado that take effect in 2023, with a particular focus on how they affect businesses in the retail industry.

  • 5 Privacy Law Predictions For 2022

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    To prepare for increased state, federal and international privacy regulation and enforcement this year, companies should focus on sufficient data security measures, fair and transparent use of artificial intelligence and biometrics, and integration of new contractual clauses into cross-border data transfer agreements, says Liisa Thomas at Sheppard Mullin.

  • Key 2021 Cases On Standing In Product Defect Class Actions

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    Class actions claiming product defects often turn on questions about who has standing — and key decisions over the past year by the U.S. Supreme Court and other federal courts have helped to clarify who is entitled to bring such claims in federal court, say attorneys at Crowell & Moring.

  • Recent Bias Suits Against Law Firms And Lessons For 2022

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    2021 employment discrimination case filings and developments show that law firms big and small are not immune from claims, and should serve as a reminder that the start of a new year is a good time to review and update salary, promotion and leave policies to mitigate litigation risks, says Hope Comisky at Griesing Law.

  • Minn. Big Oil Climate Suit Follows Big Tobacco Blueprint

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    The theory behind Minnesota's litigation against major oil companies is that the petroleum industry has known for decades that use of fossil fuels causes climate change — and the parallels with the state's successful 1990s litigation against the tobacco industry are instructive, say Dennis Anderson and Jason Reeves at Zelle.

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