Consumer Protection

  • May 13, 2021

    BofA To Pay $75M To Settle Customers' Overdraft Fees Suit

    Bank of America has agreed to pay $75 million to end claims that it improperly charged overdraft and other fees to customers whose accounts were empty, the customers told a federal judge in North Carolina this week.

  • May 13, 2021

    EPA Watchdog Says Enforcement Decline Increases Risks

    The decline in U.S. Environmental Protection Agency enforcement actions may expose the public and the environment to unchecked and harmful pollution, the EPA's internal watchdog said in a report Thursday.

  • May 13, 2021

    LG Exploding Battery Suits Find Likely Path Forward In Ga.

    The U.S. Supreme Court's recent rejection of strict limits on where Ford can be sued in product defect cases and rulings from Georgia state and federal judges appear to be channeling litigation over an LG unit's allegedly exploding lithium-ion batteries into Georgia state courts.

  • May 13, 2021

    DraftKings Reneged On NHL Game Payout, Mich. Bettor Says

    A Michigan sports gambler hit DraftKings Inc. with a putative class action Wednesday claiming it wrongly refused to pay out his winnings after a National Hockey League favorite was incorrectly listed as an underdog.

  • May 12, 2021

    House Dems Urge Facebook To Ax WhatsApp Privacy Update

    A group of U.S. House Democrats on Tuesday became the latest to put heat on Facebook to scrap plans to require WhatsApp users to consent to policy changes that would expand the sharing of data between the companies, arguing that the move violates Facebook's past privacy promises and would be particularly detrimental to the messaging service's large population of Hispanic users. 

  • May 12, 2021

    UNC Prof. Testifies That Stem Cell Clinic's Treatment Is Safe

    A University of North Carolina biology professor, speaking as an expert witness on behalf of a clinic and two doctors being sued by the government over experimental stem cell treatments, told a California federal judge on Wednesday that the treatment is so safe she received it herself.

  • May 12, 2021

    Bitcoin 'Inventor' Sues For Access To $5.6B In Cryptocurrency

    Self-styled Bitcoin inventor Craig Wright on Wednesday formally launched legal claims in the U.K. against 16 Bitcoin developers, saying they should help him recover access to roughly £4 billion ($5.6 billion) in cryptocurrency.

  • May 12, 2021

    Epic Antitrust Judge Doubts Apple Expert's Amex Comparison

    A California federal judge presiding over Epic's high-stakes antitrust trial appeared skeptical Wednesday of a professor's testimony that Apple's anti-steering provisions are akin to restrictions upheld by the high court in Ohio v. American Express, noting that brick-and-mortar stores advertise various payment methods, while the virtual App Store does not.

  • May 12, 2021

    Senate Panel Greenlights TikTok Ban For Federal Devices

    The Senate Homeland Security and Governmental Affairs Committee unanimously passed a bill that aims to prevent federal employees from downloading the controversial app TikTok onto government devices, according to a Wednesday statement from Sen. Josh Hawley, R-Mo., a sponsor of the bill.

  • May 12, 2021

    Sens. Seek To Tighten Online Privacy Protections For Kids

    A new bipartisan bill aims to update privacy protections for children by expanding existing law to include some teenagers and further restrict companies' collection of minors' personal information.

  • May 12, 2021

    Wawa Gets Employee Pay Claims Trimmed In Data Breach Suit

    Convenience store chain Wawa Inc. can't duck employees' claims that their payment and personal information were stolen in a data breach, but claims the company also shorted them on overtime and made them work off-the-clock were tossed by a Pennsylvania federal judge Wednesday.

  • May 12, 2021

    Texas Panel Revives TitleMax's Payday Loan Rules Challenge

    A Texas appellate court has revived TitleMax of Texas Inc.'s lawsuit against the city of Austin challenging ordinances that place restrictions on payday loans and repayment plans, pointing to a recent Texas Supreme Court decision it said cleared the way for the suit to proceed.

  • May 12, 2021

    AT&T 3G Shutdown Will Hobble Alarm Systems, FCC Told

    Millions of home alarm systems may not be able to operate properly if AT&T follows through with its plans to start sunsetting its 3G network next year, the alarm industry is warning the Federal Communications Commission.

  • May 12, 2021

    Biden Orders IT Gov't Contractors To Report Data Breaches

    President Joe Biden created a new national review board for major cyberattacks and ordered IT sector government contractors to report data breaches as part of an executive order issued Wednesday after hacks on a major U.S. pipeline company and federal agencies.

  • May 12, 2021

    Big Tech Critic Lina Khan Clears Senate Panel For FTC Seat

    A U.S. Senate panel on Wednesday approved the nomination of progressive academic and Big Tech adversary Lina Khan to the Federal Trade Commission, bringing the agency one step closer to a Democratic majority.

  • May 12, 2021

    BMW Germany Can't Duck Emissions Suit, But Bosch Can

    A New Jersey federal judge has kept alive claims against BMW's German parent company in a proposed class action alleging BMW collaborated with car parts maker Bosch to rig certain vehicles with emissions-cheating software but allowed Bosch's German parent company to escape the litigation.

  • May 12, 2021

    Watchdog Says EPA Issues Jeopardize Pollution Enforcement

    The U.S. Environmental Protection Agency continues to struggle with staffing and safety concerns that threaten the agency's ability to keep the nation's air and water clean by holding criminal polluters accountable, a new inspector general report released Wednesday said.

  • May 12, 2021

    DC Judge Sanctions Paul Weiss, Alex Oh In Exxon Case

    A D.C. federal judge opted Wednesday to admonish Paul Weiss Rifkind Wharton & Garrison LLP and former firm partner Alex Oh in connection with the Exxon human rights case that appears to have led Oh to resign prematurely from her new post as enforcement head of the U.S. Securities and Exchange Commission.

  • May 12, 2021

    Biden Pick For EPA Water Chief Sounds Collaborative Tone

    President Joe Biden's pick to lead the U.S. Environmental Protection Agency's water office on Wednesday promised lawmakers her goal is to create an "enduring" method of determining the Clean Water Act's jurisdiction.

  • May 12, 2021

    J&J Faults Doctor's Affidavits In Ga. Suits Over Cancer Deaths

    Johnson & Johnson urged a Georgia appeals court Wednesday to dismiss two nearly identical suits alleging its talcum powder products caused women's fatal ovarian cancer, saying a doctor failed in his affidavits to rule out other causes.

  • May 12, 2021

    Judge Tosses False Ad Suit Over Topco's Infant Pain Reliever

    An Illinois federal judge on Tuesday dismissed a suit alleging retailer Topco Associates LLC misled consumers by charging substantially higher prices for its infants' pain reliever than the children's version when they contain equal acetaminophen, saying it's preempted by the Food, Drug, and Cosmetic Act.

  • May 12, 2021

    Toyota Can't Duck Claims Soy-Coated Wiring Attracted Rats

    A California federal judge won't let Toyota Motor Sales USA Inc. escape for a second time a proposed class action alleging that its switch to a soy-based covering for wires in its vehicles attracted rats, saying the court is bound by the Ninth Circuit's findings in the case.

  • May 11, 2021

    German Regulator Bars Facebook From Using WhatsApp Data

    A German data protection regulator blocked Facebook from using personal information obtained from its WhatsApp subsidiary Tuesday, just days before a deadline for WhatsApp users to agree to privacy policy changes that the regulator claims will unlawfully expand the sharing of data between the companies. 

  • May 11, 2021

    6th Circ. Affirms Toss Of Burger King Credit Card Receipt Suit

    While a Burger King operator did technically violate the Fair and Accurate Credit Transactions Act by including 10 credit card digits on a customer's receipt, the customer did not properly allege that she was harmed, the Sixth Circuit ruled Tuesday, upholding a lower court's dismissal of her putative class action.

  • May 11, 2021

    Apple Wanted App Users 'Hooked,' Exec's 2013 Email Reveals

    A top Apple executive told company CEO Tim Cook in 2013 that getting customers to use Apple virtual stores like iTunes is "one of the best things we can do to get people hooked to the ecosystem," according to an email revealed Tuesday during Epic Games Inc.'s high-stakes antitrust bench trial.

Expert Analysis

  • What Cos. Must Know About New Sesame Allergen Labeling

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    To ensure compliance with the FASTER Act, a new federal law designating sesame as a major food allergen, companies should assess food product labeling and food manufacturing practices, and keep comprehensive documentation of their sesame-related controls and procedures, say attorneys at Covington & Burling.

  • Challenging Class Cert. When Plaintiffs Missed 'False' Ad

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    False advertising class action plaintiffs often target language from a defendant's marketing materials or product label — but a defendant may be able to challenge class certification with evidence that many class members did not see the statement in question, say Michael Schwartz and Maren Messing at Patterson Belknap.

  • Judge's Rebuke Of Mass. AG Has Lessons For All Attorneys

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    A Massachusetts federal judge’s recent rebuke of the state Attorney General’s Office for refusing to respond to discovery requests in Alliance for Automotive Innovation v. Healey highlights six important considerations for attorneys who want to avoid the dreaded benchslap, say Alison Eggers and Dallin Wilson at Seyfarth.  

  • Font Considerations To Give Your Legal Briefs An Edge

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    Following the D.C. Circuit’s recent notice discouraging use of the font Garamond in legal briefs, Jason Steed at Kilpatrick looks at typeface requirements and preferences in appellate courts across the country, and how practitioners can score a few extra brief-writing points with typography.

  • Avoiding Biometric Privacy Class Actions After Md., NY Bills

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    Pending biometric privacy laws in Maryland and New York, if passed, could trigger other jurisdictions to follow suit, so businesses should start implementing compliance practices now to stave off a wave of class actions, says David Oberly at Blank Rome.

  • Make Profitability Management Part Of Your Law Firm Culture

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    As the legal industry continues to change in the post-pandemic world, law firms should adapt to client demands by constantly measuring and managing the profitability of their services, says Joseph Altonji at LawVision.

  • CFPB's First 100 Days Lay Foundation To Maximize Authority

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    Former Consumer Financial Protection Bureau general counsel Quyen Truong, now at Stroock, analyzes how developments in the first 100 days under new CFPB leadership reclaim the agency's activist mission and authority, redirect resources toward forceful action, and open the door to change the regulatory framework.

  • 4 Trends In Discoverability Of Litigation Funding Documents

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    Recent rulings shed light on how courts and international arbitration tribunals decide if litigation funding materials are discoverable and reaffirm best practices that attorneys should follow when communicating with funders, say Justin Maleson at Longford Capital and Michele Slachetka and Christian Plummer at Jenner & Block.

  • High Court's AMG Ruling Could Hinder FDA Enforcement

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    The U.S. Supreme Court's decision in AMG Capital v. Federal Trade Commission, limiting the agency's ability to seek equitable monetary relief under the FTC Act, will likely also restrain the U.S. Food and Drug Administration's authority under the Federal Food, Drug, and Cosmetic Act, due to similarities between the laws, say Joshua Oyster and Jenna McCarthy at Ropes & Gray.

  • W.Va. Consumer Law Changes Offer Help For Finance Cos.

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    New amendments to the West Virginia Consumer Credit and Protection Act will help businesses in the state, particularly in the financial services industry, by better defining the process for presuit notice and opportunity to cure, and by making it easier to recover attorney fees, say Andrew Narod and Jared Searls at Bradley Arant.

  • Opinion

    SEC Should Drop Litigation Over Ripple's XRP Token

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    The U.S. Securities and Exchange Commission should settle or withdraw its allegations that Ripple Labs' XRP is an unregistered security, and focus on creating new rules for securities registration that account for the unique dynamics of digital assets, says J.W. Verret at George Mason University.

  • 7 Lessons For Young Lawyers Starting Their Careers

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    This year's law graduates and other young attorneys must recognize that the practice of law tests and rewards different skills and characteristics than law school, and that what makes a lawyer valuable changes over time, says Vernon Winters, retired partner at Sidley.

  • How Justices' AMG Ruling Affects Privacy And Cybersecurity

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    The U.S. Supreme Court's recent ruling in AMG Capital Management v. Federal Trade Commission removes the regulator's ability to seek monetary damages that discouraged privacy and cybersecurity breaches, and as a result, companies should reassess their exposure in these areas, say attorneys at Orrick.

  • Opinion

    USPTO Refusal To Register Cannabis TMs Hurts Public

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    The recent uncovering of THC-laced, knock-off candies in Florida illustrates why U.S. Patent and Trademark Office registration of cannabis trademarks would protect the public by providing companies with quality and safety incentives and empowering them to pursue counterfeiters, says Frederic Rocafort at Harris Bricken.

  • Navigating NFT Brand Management Risks And Rewards

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    When it comes to popular nonfungible tokens and blockchain technology, brand and business owners should take note of broader opportunities lending potential staying power to the NFT market, along with the corresponding risks, particularly with respect to trademark, licensing, anti-counterfeiting and advertising law, say attorneys at Crowell & Moring.

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