Consumer Protection

  • July 26, 2021

    5th Circ. Says United Can't Fly Away From $3.8M Jury Award

    The Fifth Circuit on Monday upheld a judgment against United Airlines for harming a disabled woman after contract employees dropped her when moving her from her wheelchair to a seat on the airplane, ruling that the woman produced sufficient evidence to support the verdict awarding her relief.

  • July 26, 2021

    SEC Fines Firms For Allegedly Blowing Investor Info Deadline

    The U.S. Securities and Exchange Commission on Monday announced settlements and fines with 27 entities accused of failing to supply their retail investor clients with required disclosures summarizing their offerings.

  • July 26, 2021

    McKinsey Sued For Opioid Effect On W. Virginia Addicts' Kids

    Consulting giant McKinsey & Co. was hit Friday with a proposed class action in West Virginia federal court over the effect of the opioid epidemic on children of addicts born with narcotics in their system, arguing that the company's illicit marketing of the drugs to their parents caused the children's ongoing medical and socioeconomic challenges.

  • July 26, 2021

    Pa. Convenience Store Must Fork Over Data Breach Report

    A Pennsylvania magistrate judge has directed a chain of gas stations and convenience stores to turn over a cybersecurity firm's forensic analysis of a 2018 data breach to consumers suing over the incident, finding that the report was commissioned to determine the scope of the attack rather than to prepare for litigation.

  • July 26, 2021

    Wyndham Timeshare Buyers Sent Packing In Sales Tactic Suit

    A Delaware federal judge on Monday dismissed a proposed class action accusing Wyndham Vacation Resorts of fraudulently inducing customers to buy into pricey timeshare properties that they could book more cheaply elsewhere, siding with the timeshare giant that the consumers' fraud and negligent representation claims are time-barred.

  • July 26, 2021

    Hotel Chains, Guests End Advertising Antitrust Dispute

    Hotel giants including Hyatt, Hilton and Marriott said Monday they have reached a deal with three guests to end their lawsuit accusing them of colluding in an anti-competitive agreement to not advertise against one another via Google and other search engines.

  • July 26, 2021

    Where Have All The Associates Gone?

    Nonpartner attorney headcounts declined slightly across the Law360 400 last year amid the pandemic, leaving many law firms scrambling for associate talent that seems to be evaporating even as many firms see an uptick in work.

  • July 26, 2021

    The Law360 400: Tracking The Largest US Law Firms

    As much of the U.S. emerges from the worst of the coronavirus pandemic that upended the world last year, law firms are taking stock of how much their business and their bench strength were affected by the unprecedented pressures of a global health crisis.

  • July 23, 2021

    FTC Given Extra Time To File Amended Facebook Complaint

    A D.C. federal court granted the Federal Trade Commission three additional weeks to file its amended monopoly complaint against Facebook Inc., following an FTC extension bid that was not opposed by the social media giant.

  • July 23, 2021

    ​​​​​​​7th Circ. Vacates $59M CFPB Penalty Against Mortgage Firms

    The Seventh Circuit on Friday ruled that while the Consumer Financial Protection Bureau was correct to find that two now-defunct mortgage relief law firms and their principals accused of scamming struggling homeowners weren't practicing law, further proceedings are needed to recalculate the approximately $59 million judgment awarded to the bureau.

  • July 23, 2021

    Juul Execs, Altria Trim — But Can't Nix — 18 Bellwether Suits

    A California federal judge Thursday trimmed but did not dismiss 18 bellwether suits against a group of current and former Juul Labs Inc. executives, along with the e-cigarette maker's largest investor, Altria Group Inc., in multidistrict litigation claiming Juul intentionally marketed its harmful tobacco products to young people.

  • July 23, 2021

    Grocer Hy-Vee's Class Deal OK'd With Reduced Lawyer Fees

    An Illinois federal judge approved a settlement between supermarket chain Hy-Vee and its customers for a 2019 data breach after the class's counsel agreed to reduce their fees following concerns by the judge that the attorneys would score a bigger reward than the class members.

  • July 23, 2021

    CFPB Seeks To Lift Stay On Payday Rule's Compliance Date

    The Consumer Financial Protection Bureau has urged a Texas federal judge to lift a stay imposed on its payday lending regulations after a 2018 challenge, arguing that a recent U.S. Supreme Court ruling invalidated any lingering reasons to keep the provision on ice.

  • July 23, 2021

    Full 9th Circ. Won't Rethink Google Securities Suit's Revival

    The Ninth Circuit shot down Alphabet Inc. and Google LLC's bid for an en banc rehearing on Friday, after a panel partially revived a proposed securities class action alleging Google duped investors about a 2018 software bug that exposed half a million users' data.

  • July 23, 2021

    Amazon Axes Mandate That Customers Arbitrate Disputes

    Amazon is likely to face an influx of class actions over issues including the company's allegedly unlawful recording of Alexa device users after taking the rare step of bucking a popular requirement for consumers to arbitrate such claims, highlighting the utility of a growing push to flood companies with arbitration.  

  • July 23, 2021

    Amazon Seller Pleads Guilty To DVD Price-Fixing

    The U.S. Department of Justice said Friday that a Tennessee man has pled guilty to criminal charges for agreeing with others to fix the prices of DVDs and Blu-ray Discs sold through Amazon's third-party marketplace.

  • July 23, 2021

    NY AG Preps Fight To Save Low-Cost Broadband Cap

    The New York Attorney General's Office is laying the groundwork to challenge the broadband industry's offensive against a currently stayed state law that would cap internet plans at $15 for qualifying low-income households.

  • July 22, 2021

    Bills Giving FCC, NTIA Bigger Cyber Roles Advance In House

    The Federal Communications Commission and the National Telecommunications and Information Administration could soon take on more cybersecurity responsibilities, thanks to a slate of eight bills now pending in the U.S. House of Representatives.

  • July 22, 2021

    TikTok Faces Dutch Sanction For Alleged Privacy Failings

    The Netherlands' data protection regulator has hit TikTok with a €750,000 ($833,000) fine for allegedly failing to clearly disclose how it collects and uses young children's personal data, the agency said Thursday, while adding that the company may also face scrutiny from Ireland's privacy enforcer.

  • July 22, 2021

    Debt Collector Sued Over Disclosing NJ Consumers' Info

    A debt collection business has unlawfully disclosed information about Garden State consumers without their permission by using outside vendors to send collection letters, according to a proposed class action the company dragged into federal court on Thursday.

  • July 22, 2021

    Trump's Ex-CFPB Chief Signs With Crypto-Monitoring Firm

    The Consumer Financial Protection Bureau's former director Kathleen Kraninger is stepping into a top regulatory strategy role at cryptocurrency risk-monitoring and market surveillance provider Solidus Labs, becoming the latest high-profile ex-regulator to land in the burgeoning digital asset industry.

  • July 22, 2021

    Penny Stock Investor Accused Of $9.1M Deceptive Ad Scheme

    A California penny stock investor was arrested Thursday and hit with parallel claims from the U.S. Securities and Exchange Commission and Brooklyn federal prosecutors alleging he illegally scored $9.1 million by manipulating share prices with deceptive advertisements.

  • July 22, 2021

    CR Bard Nets 2 Wins, 1 Loss In Faulty IVC Filter Suits

    C.R. Bard Inc. notched two victories this week in suits by women alleging its inferior vena cava filters broke after implantation and injured them — with a Florida jury and a Michigan federal judge granting wins — but in a third case, a Texas jury found the company liable for $386,250 in damages. 

  • July 22, 2021

    3rd Circ. Won't Revive FTC's Suit Over Insulation Marketing

    The Third Circuit on Thursday refused to revive the Federal Trade Commission's lawsuit accusing a company of deceptively marketing building insulation, reasoning that the agency failed to show that the advertising claims weren't backed up by scientific testing.

  • July 22, 2021

    11th Circ. Says It'll Likely Overturn $85M Asset Seizure

    A panel of Eleventh Circuit judges said Thursday that it is likely to overturn the Federal Trade Commission's seizure of more than $85 million in assets from companies accused of fraudulently promising help with government services, in light of a U.S. Supreme Court ruling gutting the agency's power to collect restitution.

Expert Analysis

  • Series

    Embracing ESG: Exelon GC Talks Diversity Initiatives

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    Executing a commitment to diversity, equity and inclusion programming, through recruitment, inclusive legal pipelines and community empowerment via pro bono efforts, can ensure a strong environmental, social and governance proposition, says Gayle Littleton at Exelon.

  • A Legal Primer On Social Tokens

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    Social tokens, a new class of blockchain-based assets that celebrities and brands can use to connect with fans and consumers, hold great promise — but their value may be volatile, and issuers must understand the advertising, contractual and intellectual property issues that come with them, says Hannah Taylor at Frankfurt Kurnit.

  • 5 Questions On Standing In The Wake Of TransUnion

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    While the U.S. Supreme Court's decision in TransUnion v. Ramirez provided some clarity on the contours of Article III standing, it opens the door to several potential shifts in where and how consumer class actions will be litigated, say attorneys at Troutman Pepper.

  • Revamping Law Firm Marketing Lists — With Partner Buy-In

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    Jackson Lewis’ Paige Bowser shares lessons from the firm's recent overhaul of an outdated email marketing database, including tips for getting partners on board, ensuring compliance with privacy laws and augmenting outreach strategies.

  • A Look At Tribal Involvement In Juul Litigation

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    The vaping epidemic has had a disproportionate impact on Native American tribes, and the ensuing litigation against Juul Labs has many parallels with Big Tobacco suits from the 1990s, but this time around tribes have a seat at the bargaining table, say Geoffrey Strommer and Riley Plumer at Hobbs Straus.

  • Gov't Contractor Input Vital After Biden Cybersecurity Order

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    The Office of Management and Budget's upcoming recommendations for improving U.S. cybersecurity defenses, following President Joe Biden's recent executive order, could create burdensome obligations for government contractors, so it's important for the government to actively engage with the industry during the rulemaking process, say executives at Leidos.

  • TransUnion Ruling Limits Standing But Could Hurt Defendants

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    The U.S. Supreme Court's recent decision in TransUnion v. Ramirez could represent a pyrrhic victory for the defense bar by further shifting class standing from a motion-to-dismiss argument to one that is not ripe until summary judgment, which could present a multibillion-dollar problem for defendants in data privacy litigation, say David Saunders and Peter Scheyer at McDermott.

  • The Murky World Of Legal Rankings Gets Some Clarity In NJ

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    New Jersey's new, stringent approach to legal rankings will make accolade advertising more transparent, benefiting both attorneys and clients and offering legal marketers a new set of best practices amid evolving standards, say Penny Paul at Lowenstein Sandler and Susan Peters at Greybridge.

  • Series

    Embracing ESG: Cigna Counsel Talks Employee Wellness

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    Building employee well-being into corporate environmental, social and governance priorities required our legal team to focus more closely on cross-functional collaboration within the company and increased communication with our board of directors and shareholders, says Julia Brncic at Cigna.

  • Courts' Clashing Standards For Evidence At Class Cert.: Part 2

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    While federal circuits continue to split on whether to approach fact and expert evidence differently at class certification, and there is no sign of a U.S. Supreme Court ruling to resolve the issue, applying an admissibility standard to one and not the other appears illogical, say attorneys at McGuireWoods.

  • Hybrid Work Models Are Key To Gender Parity In Law Firms

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    To curb the historically high rates of attrition among female lawyers, Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks suggest firms must normalize hybrid work schedules, and they recommend best practices to promote engagement among all attorneys, regardless of where they work.

  • Baltimore Bill Is Most Draconian Facial Recognition Ban Yet

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    Because Baltimore's recently passed bill banning use of facial recognition by private entities goes even further than Portland's ban by imposing criminal penalties and may encourage lawmakers in other jurisdictions, companies need to institute flexible, adaptable biometric privacy compliance frameworks, says David Oberly at Blank Rome.

  • Courts' Clashing Standards For Evidence At Class Cert.: Part 1

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    The Sixth Circuit's recent ruling in Lyngaas v. Ag highlights an ongoing circuit split on whether plaintiffs moving to certify a class must use admissible evidence and whether fact and expert evidence should be treated equivalently in this regard, say attorneys at McGuireWoods.

  • 3 Keys To Winning Your Next Oral Argument

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    To leverage the unique opportunity oral arguments provide to talk directly to judges and contribute to their decision making, attorneys must mind the three hallmarks of persuasiveness: projecting credibility, exuding likability and gaining the listener's trust, says Daniel Karon at Karon LLC.

  • Keys To Efficient And Accurate Doc Review For E-Discovery

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    Attorneys involved in e-discovery can review information accurately and cost-effectively by understanding the data in a document collection and identifying its key pitfalls, drafting comprehensive review guidelines, and preparing ahead, says John Wertelet at Eckert Seamans.

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