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Consumer Protection
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May 21, 2024
Full 5th Circ. Urged To Rethink Blocking Student Loan Rule
The U.S. Department of Education has asked the full Fifth Circuit to reconsider a recent preliminary injunction a three-judge panel ordered blocking changes to a program providing student loan forgiveness to borrowers defrauded by higher education institutions. It said the panel wrongly held that the department doesn't have the authority to determine whether a borrower has a valid defense to repayment.
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May 21, 2024
Banks Urged To Vote Out Exxon Leaders Who Sued Investors
A group of state and city financial officials sent letters to some of the biggest banks and asset managers Tuesday urging them to vote against Exxon Mobil Corp.'s CEO and lead independent director at an upcoming annual meeting because of the company's lawsuit against a pair of environmentally minded activist investors.
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May 21, 2024
Molson Coors' Mimosas More Water Than Wine, Suit Says
Two consumers hit Molson Coors Beverage Co. with a proposed class action Monday in Missouri federal court, alleging that the company's mimosa drinks are misbranded because they are not made with sparkling wine but rather made with sparkling water and sugar and contain only small amounts of orange juice.
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May 21, 2024
NTIA Explores Gov't Support For 6G Development
The U.S. Department of Commerce is looking for input on how the government can aid in the development of 6G technology.
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May 21, 2024
Conn. Bank Hit With Suit Over 'Crippling' Overdraft Fees
Connecticut-based Ion Bank is the latest financial institution to face a putative class action alleging it violated its agreements with customers by imposing overdraft fees on certain transactions.
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May 21, 2024
SEC Fines KeyBank Broker-Dealer Over Reg BI Failures
The U.S. Securities and Exchange Commission on Tuesday ordered Key Investment Services LLC to pay more than $200,000 for allegedly failing to address conflicts of interest with Regulation Best Interest.
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May 21, 2024
X Corp., Hate Speech Watchdog Settle Atty Fees Bid
A California federal judge Tuesday signed off on an agreement that X Corp. and the Center for Countering Digital Hate reached to resolve the nonprofit organization's bid for $300,000 in attorney fees following a successful defense against the Elon Musk-led social media platform's claims that the center used improper tactics to write one of its articles.
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May 21, 2024
Apple Tees Up Bid To Toss DOJ IPhone Monopoly Suit
Apple argued that it has the right to choose how it does business in a preview Tuesday of its upcoming explanations for why a New Jersey federal judge should dismiss the Justice Department lawsuit accusing the iPhone maker of restricting third-party app access to monopolize the smartphone market.
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May 21, 2024
Uniswap Warns SEC There's 'More To Lose' In Potential Suit
The company behind decentralized finance platform Uniswap on Tuesday warned the U.S. Securities and Exchange Commission that the regulator "has more to lose than gain" from bringing an enforcement action against it since its proposed case implicates pending rulemaking and its authority to regulate transactions on crypto platforms.
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May 21, 2024
Counties Not 'Persons' In Texas Opioid MDL Appeal
A Texas appeals panel found Tuesday that counties are not considered "persons" under the state's common law and therefore are not subject to the Texas Medical Liability Act's requirement that they serve expert reports to pharmacy defendants in the state's opioid multidistrict litigation.
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May 21, 2024
FTC Chair Khan Says Corporate Concentration Creates Fear
Federal Trade Commission Chair Lina Khan said Tuesday that corporate concentration creates fear for many Americans, including small businesses that rely on digital gatekeepers like Google and Amazon.
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May 21, 2024
Circuit Split Could Still Derail FCC Subsidies, High Court Told
Free market groups urged the U.S. Supreme Court on Tuesday to review their challenge to the Federal Communications Commission's subsidy programs, saying the Fifth Circuit could create a circuit split "at any time" by rejecting the fee-based system.
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May 21, 2024
Drinking Water Systems At Risk Of Cyberattack, EPA Says
More than 70% of the nation's drinking water systems are not in compliance with federal law requiring them to assess the risks of and develop plans for cybersecurity attacks, which could leave them vulnerable to foreign interference, the U.S. Environmental Protection Agency said Monday.
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May 21, 2024
Make Emergency Missing-Adult Codes Voluntary, FCC Urged
A new missing-adult code that the Federal Communications Commission wants to integrate into the Emergency Alert System should be kept voluntary for existing alert systems, cable providers told the FCC.
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May 21, 2024
Tuna Buyers Seeking $1B In July Price-Fixing Trial
Tuna buyers who are taking StarKist, its parent company and a private investment firm that put money into Bumble Bee Foods to trial on allegations of conspiring to hike the price of the tinned fish will be asking for over $1 billion in damages once all is said and done.
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May 21, 2024
3rd Suit Alleges Panera's 'Charged' Drink Caused Heart Attack
An 18-year-old man sued Panera Bread Co. in Pennsylvania federal court Monday alleging its highly caffeinated "Charged Lemonade" drink caused him to suffer a heart attack, at least the third such suit filed against the franchise over the now-discontinued beverage.
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May 21, 2024
4th Circ. Told Justices' Ruling Dooms Bid To Delay $811M Fine
The Consumer Financial Protection Bureau has pointed to the U.S. Supreme Court's recent decision finding the agency's funding structure constitutional to head off a bid by immigrant bond companies accused of abusive bonding practices to delay an $811 million judgment.
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May 21, 2024
9th Circ. Rejects Quick Section 230 Appeal In Casino App MDL
The Ninth Circuit refused to weigh in Tuesday on whether the Communications Decency Act's Section 230 shields Google, Apple and Meta from consolidated multidistrict litigation over allegedly illicit "social casino" game apps on their platforms, finding that deciding the issue on an interlocutory appeal would be a premature, advisory opinion.
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May 21, 2024
Binance User Must Arbitrate Facial Scan BIPA Fight
An Illinois federal judge has sent to arbitration a proposed class action alleging Binance.US' trading platform violated Illinois' Biometric Information Privacy Act by scanning and storing users' unique facial geometry as part of its identity-verification process, finding the lead plaintiff hasn't shown she never agreed to arbitration.
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May 21, 2024
F1's Andretti Denial Stokes Collusion Fears On Capitol Hill
Formula One's reluctance to add an American racing team to its championship drew a sideways glance from Capitol Hill on Tuesday, as a group of U.S. senators urged the Biden administration to probe F1's governance board for potential antitrust violations.
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May 21, 2024
BASF Agrees To $316.5M Settlement In PFAS Foam MDL
Attorneys representing public water systems in a South Carolina multidistrict litigation over so-called forever chemicals in drinking water announced Tuesday that they've reached an agreement in principle with defendant BASF Corp., which will pay $316.5 million to resolve the claims.
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May 21, 2024
$93M Lipitor Antitrust Deal Sparks Dispute Over Fee Division
Attorneys representing a class of buyers in antitrust litigation against Pfizer over the cholesterol medication Lipitor are squabbling over how to divide up to $31 million in attorney fees before a New Jersey federal judge even approves the total, according to court documents.
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May 21, 2024
Attys Accused Of Botching NC Suit By Missing Filing Deadline
The parents of two children who died in a car fire are suing their former attorneys in North Carolina federal court for malpractice, alleging they dropped the ball on filing the pair's wrongful death claims against a seat belt manufacturer before the deadline passed.
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May 21, 2024
NJ AG Starts Antitrust Section To Protect 'Fair Competition'
New Jersey will establish an Antitrust Litigation and Competition Enforcement Section, a new, permanent, stand-alone section within the Division of Law, to solidify the state's ability to enforce antitrust laws and ensure fair competition, the state announced Tuesday.
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May 21, 2024
DOJ, VW Ask 9th Circ. To Void Jones Day Docs Release Order
The U.S. Department of Justice and Volkswagen have told the Ninth Circuit that forcing them to release confidential Volkswagen documents that were part of a Jones Day investigation into the automaker's 2015 emissions-cheating scandal would have far-reaching, chilling implications for federal criminal prosecutions.
Expert Analysis
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2 Emerging Defenses For Website Tracking Class Actions
Putative class actions premised on state wiretapping statutes that bar website activity tracking continue to be on the rise, but they are increasingly being dismissed on two procedural grounds, says Sheri Pan at ZwillGen.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Communication Is Key As CFPB Updates Appeals Process
Though a recently updated Consumer Financial Protection Bureau rule expands financial institutions' abilities to appeal supervisory decisions, creating strong relationships and open communication channels with CFPB examiners may help resolve disputes faster than the more cumbersome formal process, says Jason McElroy at Saul Ewing.
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Considerations For Disclosing AI Use In SEC Filings
Recent remarks from U.S. Securities and Exchange Commission Chair Gary Gensler should be heard as a clarion call for public companies to disclose artificial intelligence use, with four takeaways on what companies should disclose, says Richard Hong at Morrison Cohen.
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Args In APA Case Amplify Justices' Focus On Agency Power
In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.
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Setting The Stage For High Court BofA Escrow Interest Case
Dori Bailey and Curtis Johnson at Bond Schoeneck examine relevant legislation and case law dating back 200 years ahead of oral arguments at the U.S. Supreme Court on Tuesday in Cantero v. Bank of America, the outcome of which will determine whether state laws governing mortgage escrow accounts can be enforced against national banks.
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What To Know About OCC Proposals For Bank Merger Review
The Office of the Comptroller of the Currency's proposed changes to the agency's bank merger review process could exacerbate industry concerns with long and unpredictable processing periods because the proposal is ambiguous with respect to how the OCC will view certain transactions, say attorneys at Simpson Thacher.
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Using Arbitration And Class Waivers As Privacy Suit Tools
Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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5 Lessons For SaaS Companies After Blackbaud Data Breach
Looking at the enforcement actions that software-as-a-service provider Blackbaud resolved with state attorneys general, the U.S. Securities and Exchange Commission and the Federal Trade Commission in the past year can help SaaS companies manage these increasingly common forms of data breaches, say attorneys at Orrick.
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Class Actions At The Circuit Courts: February Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Predicting DeFi Regulations At Home And Abroad In 2024
Though decentralized finance has advocates on both sides of the Atlantic in figures like U.S. SEC Commissioner Hester Peirce and U.K. Prime Minister Rishi Sunak, DeFi in 2024 seems likely to be folded into existing regulatory frameworks in the U.K. and EU, while anti-crypto scrutiny may discourage DeFi’s growth in the U.S., say Daniel Csefalvay and Eric Martin at BCLP.
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Retailers Must Be Mindful Of Sale Ads As Class Actions Rise
A recent uptick in class actions filed against retailers over a breadth of allegedly deceptive pricing practices — including misleading reference prices for sales and discounts offered on a perpetual basis — show no sign of slowing down, indicating that class counsel are laser-focused on challenging advertising strategies, say Louis DiLorenzo and Paavana Kumar at Davis+Gilbert.
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NY's Revamped Card Surcharge Ban Is Unique Among States
Newly revised New York legislation bolsters the state's ban on credit card surcharges, potentially reinvigorating similar laws across the country despite the fact that many of them have been ruled unconstitutional, say Tom Witherspoon and Audrey Carroll at Stinson.