Consumer Protection

  • January 23, 2020

    In Redo, Altice Wins Ruling Halting NJ Cable Refund Order

    A federal judge on Wednesday issued a preliminary injunction against the New Jersey utility board's demand that Altice USA offer prorated refunds to customers who cancel the cable operator's service, ruling that federal law bars the state board from regulating the provider's service rates.

  • January 23, 2020

    9th Circ. Upholds FCC's Bid To Speed Copper Retirement

    A Ninth Circuit panel on Thursday negated an attempt by public advocacy organizations to challenge a Federal Communications Commission rule that sped the transition from copper to fiber networks, finding the groups weren’t directly connected to the matter.

  • January 23, 2020

    BREAKING: Insys Founder John Kapoor Gets 5 1/2 Years

    Insys Therapeutics Inc. founder John Kapoor was sentenced to more than five years behind bars Thursday as victims decried him as a “mobster” and “murderer” who devastated countless families by bribing doctors to prescribe a powerful opioid spray.

  • January 23, 2020

    CBD Buyer Fights Fla. Retailer's Bid To Toss False Ad Suit

    A consumer urged a Florida federal judge Wednesday to reject a CBD retailer's bid to toss her proposed class action, arguing that her allegations that the retailer overstates the amount of CBD in its gummies and oil are "classic" false advertising claims and have nothing to do with pending CBD federal regulations.

  • January 23, 2020

    Consumer Protection Group Of The Year: Morgan & Morgan

    Morgan & Morgan was the driving legal force behind a massive settlement arising from the unprecedented Yahoo data breach and helped secure the $380.5 million Equifax deal over compromised data, landing it a spot on Law360's 2019 Consumer Protection Groups of the Year.

  • January 23, 2020

    Wells Fargo Ex-CEO Fined $17.5M For Role In Sales Scandal

    The Office of the Comptroller of the Currency said Thursday that it is bringing enforcement actions against five former Wells Fargo executives and has reached settlements with three others over their alleged roles in the bank’s sales practices scandal, including a $17.5 million fine for former CEO John Stumpf.

  • January 23, 2020

    Buyers Claim Coke’s Tea Not Honest About Sugar Content

    A proposed class of tea drinkers sued The Coca-Cola Co. in New York federal court Thursday, alleging it misleads customers into thinking its “Honest” brand of teas are low in sugar by claiming they're “just a tad sweet.”

  • January 23, 2020

    Zantac Users Pile On Cancer Claims Ahead Of JPML Hearing

    Sanofi was hit with another proposed class action by a woman in Chicago who alleges the drugmaker failed to warn consumers that Zantac contained a potent carcinogen, a week before a panel decides whether to rope similar claims into multidistrict litigation.

  • January 23, 2020

    Insys VP Who Dressed As Dancing Opioid Gets 2 Years

    Former Insys Therapeutics Inc. Vice President Alec Burlakoff, infamous for dressing as an anthropomorphic bottle of fentanyl spray and rapping about titration in a sales video, was sentenced Thursday to 26 months in prison for his role in a conspiracy to bribe doctors to prescribe opioids.

  • January 22, 2020

    NHL's Panthers The Latest Target Of Spam Text Claims

    Two Florida residents are suing the Florida Panthers for allegedly violating the Telephone Consumer Protection Act by automatically enrolling them in "aggressive" text messaging marketing campaigns, marking the latest such suit against a major sports franchise in the Sunshine State.

  • January 22, 2020

    VW Can Ask 9th Circ. To Weigh Bondholder Fraud Suit

    Volkswagen AG can ask the Ninth Circuit to consider hearing its appeal of a ruling preserving claims that it tricked investors into buying overpriced bonds by hiding its emissions defeat devices, a California judge ruled Wednesday.

  • January 22, 2020

    21 States Urge OCC To Withdraw Proposed Madden Fix

    Twenty-one state attorneys general told the U.S. Office of the Comptroller of the Currency on Tuesday that its proposed rule addressing the fallout from the Second Circuit's Madden decision would enable predatory lending and goes beyond its statutory authority.

  • January 22, 2020

    Car Dealer Must Face Seinfeld's Fake-Porsche Suit

    A California-based classic car dealer can’t escape allegations that it may have sold a fake 1958 Porsche to Jerry Seinfeld, a New York federal judge ruled Wednesday, rejecting the car dealer’s arguments that the suit should be dismissed and finding that the New York court has personal jurisdiction in the matter.

  • January 22, 2020

    Comptroller Balks At Calls For Extra Time On Lending Rules

    The head of the Office of the Comptroller of the Currency said Wednesday that he is not inclined to give more time for the public to weigh in on a proposed overhaul of regulations requiring banks to lend in underserved communities, despite objections from Democratic lawmakers and advocacy groups that the rules changes are being rushed through.

  • January 22, 2020

    9th Circ. Urged To Revive LG, Samsung Anti-Poaching Suit

    LG and Samsung should face class action claims they broke antitrust laws by agreeing not to poach each other's workers, an attorney for two former LG employees told a Ninth Circuit panel at a hearing Wednesday, saying a decision that tossed the suit raised the pleading standard and frustrated congressional intent.

  • January 22, 2020

    BofA Slams Bid To DQ Goodwin Procter In Lending Bias Suit

    Bank of America has pushed back against an effort by Cook County, Illinois, to disqualify Goodwin Procter LLP from a suit accusing the banking giant of engaging in racially discriminatory lending practices, saying the county’s framing of the facts is “misleading.”

  • January 22, 2020

    Fender Hit With £4.5M Antitrust Fine For Blocking Discounts

    The U.K’s competition watchdog has whopped Fender with a £4.5 million ($5.9 million) fine after the guitar maker admitted it had been breaking antitrust law by requiring British retailers not to sell its guitars below a set rate.

  • January 22, 2020

    Michigan, Tesla Cut Deal Ending Direct Sale Suit

    Tesla Inc. and the Michigan Attorney General's Office reached an agreement Wednesday that will end the electric car manufacturer's federal suit attacking a 2014 law that prevented it from selling vehicles directly to consumers in the state.

  • January 22, 2020

    DOT Cracks Downs On Emotional Support Animals On Flights

    Dogs would be the only service animals allowed in airplane cabins under a new proposed rule announced by the U.S. Department of Transportation on Wednesday, putting an end to passengers flying with so-called emotional support animals that in recent years have included birds, pigs and rodents.

  • January 22, 2020

    Consumer Protection Group Of The Year: Mayer Brown

    Mayer Brown LLP helped household names like Facebook, Google and Nestle fend off several major suits brought by consumers over the past year, earning the firm a place for the third year running among Law360's Consumer Protection Groups of the Year.

  • January 22, 2020

    Cooperating Insys CEO Gets 2½ Years In Prison

    Despite being a key witness in the government’s conviction of his onetime boss, former Insys Therapeutics Inc. CEO Michael Babich was sentenced to 2½ years in prison Wednesday for his role in an opioid bribery scheme — longer than two former colleagues who were convicted at trial. 

  • January 22, 2020

    Insys Exec Gets 1 Year As Atty Slams 'Salacious' Prosecution

    A former Insys Therapeutics Inc. sales manager who was recruited from a strip club to work for the troubled company was sentenced to a year and a day in prison on Wednesday for her role in an opioid kickback and fraud scheme as her attorney decried what he called the "salacious details" of the government's prosecution.

  • January 21, 2020

    Theater Owners Fight DOJ's Bid To Nix Longtime Protections

    Trade groups representing theater owners have urged a New York federal court not to let the Justice Department terminate rules that have governed major film studios for 70 years, saying the protections are more important now than ever.

  • January 21, 2020

    4th Roundup Trial Kicks Off On Monsanto’s Home Turf

    Tuesday marked the start of the fourth trial alleging the active ingredient in Monsanto’s weedkiller Roundup causes cancer. Monsanto has lost every verdict so far, but these jurors will be drawn from the company’s backyard. Will Monsanto enjoy a hometown advantage?

  • January 21, 2020

    State AGs Object To Google's $13M Street View Deal

    Arizona and eight other state attorneys general urged a California federal judge to reject a $13 million cy pres settlement resolving allegations that Google illegally gathered Wi-Fi network data with its Street View car fleet, arguing it compensates cy pres recipients and class counsel but doesn’t directly benefit consumers.

Expert Analysis

  • Legal Lessons From Esports Sponsorship Deals

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    Riot Games’ recent global partnerships with Louis Vuitton, OPPO and Red Bull may provide a potential template for other companies, leagues and players seeking to form similar agreements, and they should serve as a reminder of how carefully constructed such deals will need to be, say James Chang at Pillsbury and Sean Gilbert and Neil Thakur at Teknos Associates.

  • Nissan Ex-CEO Illustrates Do's And Don'ts Of Image Repair

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    Lawyers can draw a number of useful lessons about reputation management from the efforts of former Nissan executive Carlos Ghosn — who recently escaped house arrest in Tokyo — to restore his sullied reputation, says Elizabeth Ortega at ECO Strategic Communications.

  • 3 Concerns If Your Witness Becomes Flippant At Deposition

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    In light of a recent Delaware Supreme Court case in which a litigator was rebuked for failing to control his evasive witness during a deposition, attorneys should consider when they may be held responsible for client misconduct and what to do if a client crosses the line, says Philip Sechler of Robbins Russell.

  • HIPAA Compliance Lessons From 2019 Enforcement Trends

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    Although 2019 was a comparatively quiet year for Health Insurance Portability and Accountability Act enforcement, the U.S. Department of Health and Human Services' Office for Civil Rights is still prioritizing the HIPAA security rule and right of access claims, and is not afraid to impose civil money penalties or take action against smaller providers, says Dena Castricone of DNC Law.

  • 4 Cases That Will Shape Clickwrap Litigation In 2020

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    Four recent cases involving companies' online user agreements will have major impacts on the ways courts assess evidence in such cases, the types of evidence that companies must bring in order to enforce their terms, and the types of arguments that both defendants and plaintiffs will make, says Brian Powers of PactSafe.

  • 5 Key Issues Raised In Most CBD Product Class Actions

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    By becoming familiar with the most common problems raised in class actions against CBD products, cannabis suppliers and manufacturers can reduce risks associated with marketing, labeling and promoting their products, say Mark Goodman and Barry Thompson of Baker McKenzie.

  • How Associate Life Has Evolved Over The Past Decade

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    During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

  • The New Class Action Frontier Under Illinois Privacy Law

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    One year after a pivotal Illinois Supreme Court ruling broadened liability under the Biometric Information Privacy Act, companies in a wide variety of industries need to be vigilant of a rise in potentially financially ruinous class action filings, and there are several steps they can take to protect themselves from BIPA liability, say attorneys at Ropes & Gray.

  • Fed's Real-Time Payments Idea Presents Risks, Challenges

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    The Federal Reserve's development of a real-time payment and settlement service raises important questions related to consumer protection, litigation risk, and fraud and overdraft liability, say Ling Ling Ang at NERA Economic Consulting and Judy Mok at Ballard Spahr.

  • Where The Fight Over FTC's Enforcement Authority Stands

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    A flurry of year-end activity, including three petitions before the U.S. Supreme Court and a spate of proposed legislation, requires a recap on the current status of the debate over the Federal Trade Commission's Section 13(b) authority to obtain permanent injunctions and restitution, say John Villafranco and Khoury DiPrima of Kelley Drye.

  • What To Expect If The CFPB Changes Course In 2021

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    Financial institutions should consider the implications of potential changes at the Consumer Financial Protection Bureau next year contingent on the U.S. Supreme Court’s pending Seila Law decision and the 2020 presidential election, say Eric Mogilnicki and David Stein at Covington.

  • Drug Pricing: What Happened In 2019, What To Watch In 2020

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    Last year saw a dizzying array of drug pricing actions and proposals from the White House, Congress and state governments, and this year the drug industry may face even greater pressure from groundbreaking changes to federal policy, among other developments, say Tom Bulleit and Scott Falin of Ropes & Gray.

  • Breaking Down Brazil's 1st Data Protection Law

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    Brazil's General Law on Data Protection, which comes into effect later this year, is largely modeled on the European Union's General Data Protection Regulation but has some key differences that companies doing business in Brazil should keep in mind when formulating compliance plans, say Felipe Saraiva and Dean Forbes of Sidley.

  • Series

    Judging A Book: Dyk Reviews 'Democracy And Equality'

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    In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.

  • 7 Insider Tips For Working With In-House Counsel

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    For outside firms wondering how to best support busy in-house lawyers, several practices can help navigate critical legal issues and novel business challenges while strengthening the working relationship, says Virginia Hudson, associate general counsel at Capital One.