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Consumer Protection
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June 06, 2024
Senate Panel To Weigh Proposal For FCC Spectrum Auctions
A key Senate committee plans next week to take up Democratic legislation to renew the Federal Communications Commission's authority to auction the airwaves and use future revenues to pay for agency-related national priorities, the committee's chair announced Thursday.
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June 06, 2024
Pharma Co. Misled Investors On Seizure Drug Trial, Suit Says
Marinus Pharmaceuticals has been hit with a proposed shareholder class action alleging that the company understated the risks of an epilepsy drug trial and did not warn investors that trial enrollment would be suspended when it failed to meet certain criteria.
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June 06, 2024
GOP Sens. Attack FCC Plan For AI Political Ad Disclosure
Four Republican senators on Thursday lambasted the Federal Communications Commission chair's recent proposal to consider if the agency needs new rules to disclose the use of artificial intelligence in radio and TV political advertising, saying such rules are out of the commission's authority and would confuse voters.
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June 06, 2024
Investors Say Fund Preyed On Alums For RICO Scheme
A group of Chinese and American investors alleged this week that they were ripped off to the tune of millions of dollars by a group of fraudsters who, through a series of fraudulent bank loans, bogus tax filings and false advertising, induced them into putting their money into a Los Angeles real estate project.
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June 06, 2024
$25 Million Flint Water Class Deal Gets Early OK
A Michigan federal judge on Thursday gave initial approval for a $25 million settlement between a class of Flint adults and businesses and a water engineering company accused of prolonging the town's water crisis, calling the deal fair and an opportunity to avoid years of "exhausting" litigation.
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June 06, 2024
Split FCC Kicks Off Cybersecurity Fund For Schools, Libraries
Democrats on the Federal Communications Commission created a $200 million pilot program Thursday to build up cybersecurity in schools and libraries.
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June 06, 2024
FCC Could Change Credit Rules To Qualify For Broadband Aid
The Federal Communications Commission is considering easing some letter of credit requirements for Universal Service Fund recipients, saying the current mandates may have become too onerous and could be slowing broadband deployment.
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June 06, 2024
FTC And DOJ Divvy Up Probes Of OpenAI, Microsoft, Nvidia
The Federal Trade Commission will investigate OpenAI and its investor Microsoft for potential competition issues, while the U.S. Department of Justice will look at chipmaker Nvidia's role in the quickly emerging artificial intelligence space, a source confirmed to Law360 on Thursday.
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June 06, 2024
6th Circuit Selected For Start Of Net Neutrality Fight
The Sixth Circuit was chosen by random drawing Thursday to consolidate, at least for now, more than half a dozen challenges to the Federal Communications Commission's net neutrality rules.
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June 06, 2024
High Bar For Booking.com Price Limits, EU High Court Told
A European Court of Justice advocate general recommended a high bar Thursday for Booking.com assertions that price parity clauses imposed on contracts with hotels are "ancillary" to, and thus protected as, legitimate business arrangements.
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June 06, 2024
Alaska Air Passengers Refile Suit Over Boeing Blowout
A group of passengers who were on an Alaska Airlines Inc. flight when a door plug blew out during a Jan. 5 flight have refiled their claims against the airline, Boeing Co. and Spirit AeroSystems Inc. in federal court — days after voluntarily dismissing their state court suit.
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June 06, 2024
Transport Monopoly Indictment Is Deficient, Accused Says
One of 12 individuals who U.S. federal prosecutors claim conspired to monopolize cross-border sales of used vehicles and other goods from the U.S. to Central America using violence has moved to dismiss antitrust charges, saying prosecutors omitted elements of an indictable offense.
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June 06, 2024
FCC Floats New Rules On ISPs To Protect Internet Security
The Federal Communications Commission on Thursday proposed to impose new rules on internet service providers to ensure security of the internet's crucial routing technology, the Border Gateway Protocol.
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June 06, 2024
Prof Can Test NC State Building For Carcinogens
A split state appeals court has granted a former North Carolina State University employee stricken by cancer access to gather evidence in a campus building that studies showed contained cancer-causing materials.
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June 06, 2024
Meta Can't Get Section 230 Shield Over Scam Ads At 9th Circ.
The Ninth Circuit has ruled that Section 230 is "not limitless" and doesn't shield Meta from contract claims in a proposed consumer class action over Chinese vendors' scam ads on Facebook and Instagram, with one judge calling on the Ninth Circuit to rethink precedent that broadly interprets Section 230's scope.
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June 06, 2024
Co. Won't Face Defect Claims In Suit Over Lost Fingers
A worker who lost her fingers after her right hand was pulled into an industrial laminating machine won't get the chance to add design defect claims to her lawsuit against the manufacturer, a Texas federal judge has ruled, saying she squandered her opportunity to investigate those claims.
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June 06, 2024
EPA To Reevaluate Widely Used Toxic Chemical Under TSCA
The U.S. Environmental Protection Agency has proposed a rule to limit the use of a chemical found in hundreds of products from paint to cleaning products that has been linked to miscarriages, reduced male fertility and other health issues.
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June 06, 2024
Abbott Labs Must Face Bulk Of Glucerna False Ad Suit
A California federal judge won't free Abbott Laboratories from a proposed class action over its Glucerna shakes, saying the complaint plausibly alleges that the labeling would mislead consumers about the health aspects of the drinks.
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June 06, 2024
ZoomInfo To Pay Nearly $30M To End Privacy Suit
ZoomInfo has agreed to come up with close to $30 million to resolve potential class claims that it nonconsensually used people's names and identities to advertise paid access to its full database, allowing monetary recovery for just more than a million class members in four states, class counsel told an Illinois federal judge Thursday.
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June 06, 2024
'Brussels Effect' Of EU's AI Act Is Uncertain, Legal Pros Say
BigLaw attorneys advising international clients on the European Union's AI Act tell Law360 there are significant uncertainties over vague terms in the 458-page statute, how its steep eight-figure fines will be enforced, and whether it will set a new standard globally as part of the "Brussels effect."
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June 05, 2024
Texas AG Sets Up New Team To Enforce Data Privacy Laws
Texas Attorney General Ken Paxton is "doubling down" on efforts to curb companies' misuse of residents' personal information by establishing a new team dedicated to enforcing the state's data protections, including a comprehensive consumer data privacy law that's set to take effect next month.
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June 05, 2024
Amazon Beats BIPA Suit Targeting Thermal Camera Use
An Illinois federal judge handed Amazon a pretrial win over accusations that it violated workers' biometric privacy rights by using thermal cameras to screen for fevers during the pandemic, saying the company is immune from such claims under the Public Readiness and Emergency Preparedness Act.
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June 05, 2024
Fubo Loses Bid To Toss Consumer's Privacy Suit
Streaming service Fubo cannot escape a proposed class action alleging it unlawfully shared subscribers' personally identifiable information, or PII, with third-party advertisers, an Illinois federal judge ruled Tuesday.
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June 05, 2024
PwC Asks Calif. Justices To Revive $2.5M Sanction Against LA
PwC urged the California Supreme Court on Wednesday to revive a $2.5 million sanction against the city of Los Angeles for yearslong discovery misconduct in an underlying utility billing dispute, arguing the trial court's inherent authority to pose such penalties isn't limited to nonmonetary sanctions.
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June 05, 2024
Catholic Broadcasters Angry Over FCC 'Gender Ideology' Rule
The Catholic Radio Association is up in arms over the Federal Communications Commission's new workforce diversity reporting mandates that will require broadcasters to report how many nonbinary people they employ, telling the agency they're being forced to record something that "does not comport to reality."
Expert Analysis
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How New Rule Would Change CFIUS Enforcement Powers
Before the May 15 comment deadline, companies may want to weigh in on proposed regulatory changes to enforcement and mitigation tools at the disposal of the Committee on Foreign Investment in the United States, including broadened subpoena powers, difficult new mitigation timelines and higher maximum penalties, say attorneys at Venable.
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Is The Digital Accessibility Storm Almost Over?
Though private businesses have faced a decadelong deluge of digital accessibility complaints in the absence of clear regulations or uniformity among the courts, attorneys at Epstein Becker address how recent federal courts’ pushback against serial Americans with Disabilities Act plaintiffs and the U.S. Department of Justice’s proposed government accessibility standards may presage a break in the downpour.
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PE In The Crosshairs Of Public And Private Antitrust Enforcers
A series of decisions from a California federal court in the recently settled Packaged Seafood Products Antitrust Litigation, as well as heightened scrutiny from federal agencies, serve as a reminder that private equity firms may be exposed to liability for alleged anti-competitive conduct by their portfolio companies, say attorneys at Axinn.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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Key Priorities In FDIC Report On Resolving Big Bank Failures
The Federal Deposit Insurance Corp.'s report last month on the resolvability of large financial institutions contains little new information, but it does reiterate key policy priorities, including the agency's desire to enhance loss-absorbing capacity through long-term debt requirements and preference for single-point-of-entry resolution strategies, say attorneys at Freshfields.
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Microplastics At The Crossroads Of Regulation And Litigation
Though there are currently not many federal regulations specifically addressing microplastics as pollutants, regulatory scrutiny and lawsuits asserting consumer protection claims are both on the rise, and manufacturers should take proactive steps to implement preventive measures accordingly, say Aliza Karetnick and Franco Corrado at Morgan Lewis.
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New Federal Bill Would Drastically Alter Privacy Landscape
While the recently introduced American Privacy Rights Act would eliminate the burdensome patchwork of state regulations, the proposed federal privacy law would also significantly expand compliance obligations and liability exposure for companies, especially those that rely on artificial intelligence or biometric technologies, says David Oberly at Baker Donelson.
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Opinion
CFPB Could, And Should, Revise Open Banking Rulemaking
In light of continued global developments in open banking, the Consumer Financial Protection Bureau should evaluate whether it actually should use its proposed rule on Section 1033 of the Dodd-Frank Act to amplify personal financial data rights in the U.S., says Brian Fritzsche at the Consumer Bankers Association.
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FDIC Bank Disclosure Rules Raise Important Questions
The Federal Deposit Insurance Corp.'s new rules mandating disclosures for nonbanks offering deposit products leave traditional financial institutions in a no-man's land between fintech-oriented requirements and the reality of personal service demanded by customers, say Paul Clark and Casey Jennings at Seward & Kissel.
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Setting Goals For Kicking Corruption Off FIFA World Cup Field
The unprecedented tri-country nature of the 2026 men's World Cup will add to the complexity of an already complicated event, but best practices can help businesses stay on the right side of anti-corruption rules during this historic competition, say Sandra Moser and Emily Ahdieh at Morgan Lewis.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Takeaways From FDIC's Spring Supervisory Highlights
The Federal Deposit Insurance Corp.'s spring 2024 consumer compliance supervisory report found that relatively few institutions had significant consumer compliance issues last year, but the common thread among those that did were inadequacies or failures in disclosures to consumers, says Matthew Hanaghan at Nutter.
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Online Portal Helps Fortify Feds' Unfair Health Practices Fight
The Federal Trade Commission, U.S. Justice Department and the U.S. Department of Health and Human Services recently launched an online portal where the public can report potentially unfair healthcare practices, effectively maximizing enforcers' abilities to police anti-competitive actions that can drive up healthcare costs and chill innovation, say attorneys at Seyfarth.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Key Issues Raised By Colorado's Brain Data Privacy Bill
Colorado recently became the first state to provide consumer privacy protections for data generated from a person's brain waves, and despite the bill’s ambiguity and open questions introduced, the new law has helped turn the spotlight on neurodata, says Sara Pullen Guercio at Alston & Bird.