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Consumer Protection
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April 14, 2025
Musk Supports Deleting IP Law, Attorneys Say Let's Not
Elon Musk's endorsement of a terse social media post from tech executive Jack Dorsey saying "delete all IP law" drew scorn from the intellectual property community and was followed by posts from U.S. Patent and Trademark Office acting Director Coke Morgan Stewart extolling the virtues of trademark, patent and copyright protections.
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April 14, 2025
Linking Friends No Longer Meta's Focus, Zuckerberg Says
Meta Platforms CEO Mark Zuckerberg testified Monday that the social media giant is no longer solely focused on connecting friends and family, arguing on the first day of the Federal Trade Commission's monopolization trial that the company has broader focus and faces more competition than the FTC claims.
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April 14, 2025
Insurers Not Liable For Counterfeit Drug Suit, 6th Circ. Says
Insurers do not have to cover a Michigan pharmacy accused of selling counterfeit HIV medication, the Sixth Circuit affirmed Monday, finding that policy exclusions prevented the coverage.
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April 14, 2025
Chervon Moves Explosive Battery Suit To Ill. Federal Court
Tool company Chervon North America Inc. and retailer Lowe's Home Centers LLC were hit with a proposed class action accusing them of selling lithium-ion batteries that overheated and, in some cases, caught fire, according to a complaint removed to Illinois federal court on Friday.
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April 14, 2025
Juul Seeks Ax of Noncompliant Plaintiffs In E-Cig Suits
Juul on Monday asked a California federal judge to toss claims brought by plaintiffs who failed to comply with court orders, about two years after Juul reached a $255 million global settlement in the litigation.
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April 14, 2025
Monsanto's 11th Trial Kicks Off In Seattle Over School PCBs
Nearly two dozen people told a Washington state jury Monday that they were slowly sickened by Monsanto-made toxins, becoming the largest group yet to try their PCB personal injury claims together in a series of PCB personal injury suits connected to a Washington school.
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April 14, 2025
Apple Wants Renewed Cloud Storage Monopoly Suit Tossed
Apple has urged a California federal court to toss the latest version of a proposed class action alleging it gives its iCloud service an advantage over third-party cloud storage providers, saying it limits certain remote-backup features for security and privacy.
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April 14, 2025
Crypto Firm DCG Can't Dodge NY AG Suit Over Genesis Woes
Crypto venture capital firm Digital Currency Group must face the bulk of the New York attorney general's claims it defrauded investors by hiding the dire financial condition of its bankrupt lending subsidiary Genesis Global, a New York state judge has ruled.
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April 14, 2025
Ozempic Pretender On Sale In Conn., Novo Nordisk Says
A Connecticut company is selling compounded drugs that purport to contain semaglutide, the active ingredient in Novo Nordisk medications including Ozempic, and improperly implying that the products are approved by the U.S. Food and Drug Administration, according to a lawsuit that alleges violations of state and federal law.
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April 14, 2025
NY AG Accuses MoneyLion, DailyPay Of Predatory Lending
New York Attorney General Letitia James on Monday sued MoneyLion Inc. and DailyPay Inc. for fraud and usury, alleging that their so-called earned wage access services are actually payday loans in disguise that target vulnerable New Yorkers with predatory interest rates.
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April 14, 2025
Verizon Says Unlocking Rules Are Boon To Crime Rings
Verizon is asking the Federal Communications Commission to allow carriers to wait longer before unlocking customers' devices, telling the agency that device locking is one of the only effective tools for combating phone trafficking crime rings.
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April 14, 2025
Auto Insurers Can't Shake Feds' Forced Coverage Claims
A group of insurers will have to face the federal government's claims that they forced auto-loan customers to pay for unnecessary "collateral protection insurance" by setting an unreasonably high bar for proving the borrowers held other auto insurance policies, a Pennsylvania federal judge ruled Monday, concluding that the United States had satisfied pleading standards.
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April 14, 2025
FCC Inundated With Ideas On Where To Cut Regulatory Fat
From prison phone service providers to trade groups, everybody has something to say about what rules and requirements the Federal Communications Commission should be cutting as part of President Donald Trump's directive to shed as many regulations as possible.
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April 14, 2025
Avocado Oil Co. Says Purity Test Doesn't Support Label Suit
Food company Sovena USA Inc. is looking to end a proposed class action accusing it of falsely labeling as "100% pure" its avocado oil that it allegedly diluted with "cheaper" seed oils, telling a California federal judge the suit lacks evidence and is part of a "baseless" litigation campaign meant to undermine the industry.
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April 14, 2025
Greystar Faces Consolidation Of Colo. Tenant 'Junk Fee' Suits
A Colorado multidistrict litigation panel on Monday recommended consolidating four tenant class actions against the property management company Greystar before a single state court, following a hearing where tenants argued that allowing the "junk fee" cases to proceed separately could draw conflicting court decisions.
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April 14, 2025
Industry Seeks Tougher Laws To Fight Cable Theft, Vandalism
State and local officials should enact more effective laws to fight the growing theft and vandalism of cable infrastructure, according to a new industry report.
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April 14, 2025
Conn. PE Firm Wants $12M Joy Dish Soap Suit Washed Away
A private equity firm that bought the Joy dish soap brand has asked a Connecticut trial court judge to nix a manufacturer's claim that the firm should be held liable for a holding company's alleged failure to pay after asking the manufacturer to ramp up production.
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April 14, 2025
Basketball Player Faces NCAA Over Transfer Rules Decree
Attorneys for a basketball player claiming that the NCAA is blocking him from transferring to another school, despite a federal consent decree allowing it, told a West Virginia federal judge Monday that his right to play next season is being "shortchanged by the NCAA's illegal conduct.''
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April 14, 2025
FTC Joins DOJ In Targeting Anticompetitive Regulations
The Federal Trade Commission launched a public inquiry Monday to look into reducing regulations that are hindering competition, following a similar move by the U.S. Department of Justice last month.
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April 14, 2025
FCC Could Nix Engineer Certification Reg, Cable Biz Says
A cable industry lobbying group said Monday the Federal Communications Commission could soon withdraw a little-known but contentious rule requiring professional engineers to certify providers' broadband mapping data.
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April 14, 2025
CFPB To Vacate Credit Card Late Fee Rule In Deal With Banks
The Consumer Financial Protection Bureau said Monday it has agreed to vacate as unlawful its $8 credit card late fee rule as part of a deal with the U.S. Chamber of Commerce and other trade groups to settle their litigation over the agency's Biden-era rule.
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April 14, 2025
Meta Accused Of Hiding $4B In Facebook Ad Overcharges
South Carolina-based fitness company Iron Tribe has hit Meta Platforms Inc. with a proposed class action in California federal court, alleging the social media giant secretly overcharged Facebook advertisers $4 billion by using a flawed "blended price" auction system that it hid from advertisers and took years to correct.
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April 14, 2025
Suit Claims Fume Vapes Mislead With 5% Nicotine Labels
A New York woman is suing Florida-based QR Joy Inc. in federal court, alleging that it misleads consumers by labeling its Fume vaping products as 5% nicotine, tricking them into thinking that is a low amount when it is more than the amount in a combustible cigarette.
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April 14, 2025
Estonians Flag 'Disturbing' Deportation Threat In Fraud Case
Two Estonian men who pled guilty in a case alleging they ran a $577 million cryptocurrency fraud scheme told a Washington federal judge they each received emails from the U.S. Department of Homeland Security telling them to leave the country despite being under court order to remain in the U.S.
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April 14, 2025
CFPB's Vought Looks To Roll Back 'Weaponized' Guidance
Acting Consumer Financial Protection Bureau Director Russell Vought has called for a crackdown on so-called regulation through guidance at the agency, launching a sweeping review that could cull bulletins, circulars and other advisory materials dating back years.
Expert Analysis
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Understanding Risks Of Celebrities 'Hawking' Crypto Tokens
Prominent social media personality Haliey Welch was recently sued over the promotion and sale of the Hawk Tuah cryptocurrency memecoin, underscoring the importance of public figures conducting due diligence to verify they aren't endorsing a token that is in fact a security, say attorneys at Sheppard Mullin.
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State AG Enforcement Is Poised For Another Pivot In 2025
Backed by a Republican-controlled U.S. House of Representatives and Senate, the Trump administration intends to make substantial policy changes, and attorneys general of both parties around the country are preparing their response playbooks, say attorneys at WilmerHale.
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The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.
The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.
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Del. Dispatch: Lessons From Failed Albertsons-Kroger Merger
The allegations in Albertsons' lawsuit against Kroger following the grocery stores' blocked merger demonstrate how a target company can best ensure that a buyer timely and effectively complies with its obligations to pursue the necessary regulatory approvals for a deal, say attorneys at Fried Frank.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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How Views On Healthcare Price Transparency Are Changing
Regulators' attitudes toward price transparency regulation have shifted over the past several years in ways that may seem contradictory, and research into detailed rate information published by hospitals and health plans has yielded mixed results, says Matthew List at Charles River Associates.
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How Cos. Can Respond To CFPB Digital Asset Safeguard Plan
Though the Consumer Financial Protection Bureau’s proposal to regulate online payment platforms via existing federal laws would create new challenges, digital payment companies that engage with the rulemaking process could help shape a win-win regulatory framework that protects consumer data and ensures the sector’s growth, says Allison Raley at Arnall Golden.
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High Court Could Further Limit Deference With TCPA Fax Case
The Supreme Court's decision to hear McLaughlin Chiropractic Associates v. McKesson, a case involving alleged junk faxes that centers whether district courts are bound by Federal Communications Commission rules, offers the court a chance to possibly further limit the judicial deference afforded to federal agency interpretations of statutes, says Samantha Duke at Rumberger Kirk.
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Future Of Crypto-Asset Classification Is In 2nd Circ.'s Hands
A definitive ruling from the Second Circuit in a rare interlocutory appeal in the U.S. Securities and Exchange Commission's ongoing court battle with Coinbase could finally establish clear guidelines on the classification of digital assets, influencing how they are regulated and traded in the U.S., say attorneys at Manatt.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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More Environmental Claims, More Greenwashing Challenges
As companies prepare for the 2025 greenwashing landscape, they should take heed of a D.C. appellate decision that shows that environmental claims are increasingly subject to attack and provides plaintiffs with a playbook for challenging corporate claims of sustainability, say attorneys at Sidley.
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Overseas Investment Rule Calls For Compliance Caution
Investors should be leery of who and what they are investing in now that the federal outbound investment regime, effective Jan. 2, has extended the governement's regulatory reach to businesses and parties not previously subject to trade restrictions, says Thaddeus McBride at Bass Berry.
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Assessing Gary Gensler's Legacy At The SEC
Gary Gensler's tenure as U.S. Securities and Exchange Commission chair is defined by a record of commonsense regulation in some areas and social activism in others, and by increasing judicial skepticism about the SEC's authority to fulfill its regulatory, enforcement, administrative law and adjudicatory functions, say attorneys at Arnold & Porter.
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What Public View Of CEO's Killing Means For Corporate Trials
Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.
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A Defendant's Guide To 4 Common CFPB Discovery Tactics
With the Consumer Financial Protection Bureau's recent flurry of new lawsuits showing no signs of stopping, defendants should know the bureau's most relied-upon discovery strategies — and be prepared to resist them, say attorneys at Goodwin.