Consumer Protection

Expert Analysis

• A Privacy Law Question Facing Health Data Researchers

  

  The Health Insurance Portability and Accountability Act and California Consumer Privacy Act take divergent approaches to deidentified health data, but they could be harmonized to enhance consumer privacy while affording researchers access to data for improving health care and reducing costs, says privacy consultant Joy Pritts.

• Surefire Marketing Methods To Build Your Legal Practice

  

  Attorneys who take the time and the risk to showcase their talents through speaking, writing and teaching will find that opportunities will begin building upon themselves, says Daniel Karon of Karon LLC.

• 6 CFPB Areas To Watch In 2020

  

  The Consumer Financial Protection Bureau faces a handful of important rulemakings and decisions ahead as the agency approaches its 10th year in existence, and as Director Kathy Kraninger forges a distinct path from those of her predecessors, say Richard Gottlieb and Charles Washburn at Manatt.

• Top 10 Insurance Laws And Regulations Of The Decade

  

  During the last decade, the insurance industry experienced significant and varied forms of new legislation and rules, ranging from the reimagining of health care coverage in the U.S. to regulation of industries that scarcely existed 10 years ago, say attorneys at Locke Lord.

• Setting Boundaries: An Essential Skill For Lawyers

  

  While lawyers may often view boundaries as a restraint on their potential or a sign of weakness, failing to establish good boundaries can have negative consequences for their health, behaviors, relationships and careers, says Jennifer Gibbs at Zelle.

• Opinion

  Facebook Is Not An Illegal Monopoly

  

  A close look at Facebook’s evolving privacy policies reveals no evidence of exclusionary conduct — a requirement under U.S. antitrust laws for culpability — contrary to a recently published law review article's argument, says Kristen Limarzi of Gibson Dunn.

• ABA Rules For Departing Attys Set Unprecedented Limits

  

  Groundbreaking rules from the American Bar Association impose new standards on how law firms can govern departing lawyers’ contact with clients, placing major restrictions on this ubiquitous practice, say Amy Richardson and Hilary Gerzhoy at Harris Wiltshire.

• Legal Lessons From Esports Sponsorship Deals

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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.