Consumer Protection

Expert Analysis

• What Is A 'Reasonably Useful Form' For Production Of ESI?

  

  While federal rules require production of electronically stored information in its native format or a "reasonably useful form," recent court rulings offer guidance on avoiding production of ESI in its native format when it would be unduly burdensome, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.

• Bank Regulators' Proposals Won't Erase Madden Uncertainty

  

  While recently proposed rules from the Federal Deposit Insurance Corp. and Office of the Comptroller of the Currency aim to clarify that a bank loan's interest rate doesn't change when it is sold or securitized, they're unlikely to fully resolve the ambiguity introduced by the Second Circuit’s controversial Madden decision, say attorneys at White & Case.

• And Now A Word From The Panel: It's Nothing Personal

  

  A recent ruling on personal jurisdiction from the Judicial Panel on Multidistrict Litigation makes clear that parties should not be able to utilize the MDL process as an end-run around well-established due process considerations, says Alan Rothman of Arnold & Porter.

• Patent Decision Highlights Cross-Appeal Considerations

  

  The Federal Circuit's recent decision in IPR Licensing overruled precedent to hold that the cross-appeal rule is not jurisdictional, demonstrating the complexity of this seemingly simple rule and its various applications within the circuit courts, says Michael Soyfer at Quinn Emanuel.

• What NY And Mass. Exxon Climate Suits Mean For Other Cos.

  

  New York state's securities fraud case against Exxon Mobil over its public stance on climate change has some weaknesses, but Massachusetts' climate-related suit against the company on consumer protection grounds should lead other companies to consider their exposure to such claims, says Alana Rusin of Goulston & Storrs.

• Financial Cos. Face A New Normal Under State Privacy Laws

  

  The California Consumer Privacy Act may presage a new regulatory reality for financial institutions, whereby the federal Gramm-Leach-Bliley Act no longer shields them completely from a plethora of coming state consumer privacy laws inspired by the CCPA, say Kristen Mathews and Adam Fleisher of MoFo.

• Mitigating The Impact Of A Data Investigation

  

  As the volume and complexity of company data increases, and as regulators more frequently turn to that data in their investigations, financial companies should pay closer attention to data oversight, access, communication, relationships and processes, say managing directors at FTI Consulting.

• Opinion

  Consumer Privacy Protection Deserves 5G Policy Attention

  

  The 5G strategy currently being developed by the U.S. is destined to be incomplete until it articulates consumer privacy — as distinct from cybersecurity — protection as an important variable to consider in the 5G equation, says Stuart Brotman of the Woodrow Wilson International Center.

• Trends And Opportunities In Distressed M&A Investing

  

  As recent S&P data shows an increase in distressed assets, investors may find it preferable to undertake certain M&A transactions by working within, rather than running from, the unique opportunities afforded by the Chapter 11 process, say Aaron Rigby and Charles Persons of Sidley.

• Perspectives

  Book Review: Who's To Blame For The Broken Legal System?

  

  The provocative new book by Alec Karakatsanis, "Usual Cruelty: The Complicity of Lawyers in the Criminal Injustice System," shines a searing light on the anachronism that is the American criminal justice system, says Sixth Circuit Judge Bernice Donald.

• 7th Circ. Ruling Forms Split On CAFA Jurisdictional Discovery

  

  The Seventh Circuit’s recent decision in Dancel v. Groupon, which is at odds with Eleventh Circuit precedent, evens the playing field by giving defendants the opportunity to use discovery to demonstrate diversity jurisdiction in Class Action Fairness Act cases, say Bruce Braun and Stephen Spector at Sidley.

• 7 Questions As We Await HHS Health Info-Blocking Rule

  

  In an upcoming final rule that would dramatically change the landscape of health information disclosures in the U.S. by reversing the typical privacy-governing framework, the U.S. Department of Health and Human Services may address several questions that have been raised during the public comment period, says Alex Dworkowitz at Manatt.

• Opinion

  Justices Should Use Florist Case To Settle Free Speech Issues

  

  The U.S. Supreme Court should review Arlene’s Flowers v. Washington to answer questions about creative professionals’ First Amendment rights, which the Kentucky Supreme Court did not address in its recent Lexington-Fayette Urban County Human Rights Commission v. Hands On Original decision, says Kristen Waggoner of the Alliance Defending Freedom.

• How To Hire Lateral Partners More Effectively

  

  Although lateral partner hiring is the preferred method of inorganic growth among law firms, the traditional approach to vetting does not employ sufficient due diligence by the hiring firm, says Michael Ellenhorn at executive search firm Decipher Competitive Intelligence.

• Litigation And Arbitration Are Creating A Public Cyberlaw

  

  Although criminal and civil liberties implications are at the forefront of cybercrime and data privacy cases currently before the U.S. Supreme Court, a little-noticed, but potentially important, issue is the development of public cyberlaw at the operational level by commercial lawyers in private business disputes, says Joseph DeMarco of DeVore & DeMarco.