Consumer Protection

Expert Analysis

• Rebuttal

  Jury Trials, Though In Decline, Are Well Worth Preserving

  

  In a recent Law360 guest article, the author applauded the disappearance of jury trials as an inefficient, costly mechanism, but in doing so he overlooked the greater value of jury trials for our justice system, says Stephen Susman, executive director of the Civil Jury Project at NYU School of Law.

• A Broader View Of The US Supreme Court Bar

  

  During the past 15 years, three widely read articles bolstered by starstruck media have promulgated the incorrect perception — sorely in need of revision — that the U.S. Supreme Court bar is limited to a handful of elite lawyers, says Lawrence Ebner of Capital Appellate Advocacy.

• Calif. Chemical Reg Changes Could Affect Many Products

  

  Following the introduction of a bill that would significantly expand California's decade-old framework for regulating chemicals in consumer products, businesses should assess their product inventory for chemicals that may soon be regulated, and monitor the state's regulatory process, say attorneys at Arnold & Porter.

• ADA May Not Require Compliance Management Policies

  

  As demonstrated by a Pennsylvania federal court's recent decision in Mielo v. Steak 'n Shake, it soon may no longer be possible to bring Americans with Disabilities Act claims against a company for failure to enact a policy that requires finding and removing potential physical barriers, say attorneys at Squire Patton Boggs.

• In Virtual Teams For Mass Torts, The 'Law Team' Is Critical

  

  A critical component of any virtual law team assembled for mass tort litigation is a dedicated "law team," which tackles the legal strategy and drafts the many necessary pleadings, motions and other submissions, say attorneys at Pepper Hamilton and Faegre.

• What We Heard At The FTC Hearings: Days 20 And 21

  

  The 12th hearing in the Federal Trade Commission’s series on competition in the 21st century reflected substantial evolution in the policy debate over consumer privacy regulation, say attorneys with Perkins Coie.

• CFPB’s Proposed Payday Rule Rescission Reshapes UDAAPs

  

  Though the Consumer Financial Protection Bureau's proposal to rescind portions of a 2017 payday lending rule covers much ground, three aspects focusing on unfair, deceptive, or abusive acts or practices have potential application outside of payday lending, say Jason Tompkins and Jonathan Hoffmann of Balch & Bingham.

• Opinion

  Jury Trials Are In Decline For Good Reason

  

  A recent Law360 article reported on federal judges bemoaning jury trials' nationwide decline, but these laments are unfounded as jury trials have been replaced by better alternatives, says J.B. Heaton of J.B. Heaton Research.

• TCPA Questions Loom As 11th Circ. Considers 3 Cases

  

  As Florida district courts grapple with how to interpret certain aspects of the Telephone Consumer Protection Act, three upcoming TCPA decisions from the Eleventh Circuit could offer guidance on how dialing systems and consent issues will be analyzed, say Ian Ross and Adam Foslid of Stumphauzer Foslid.

• Genetic Testing Is On FTC's Radar

  

  Recent Federal Trade Commission blog posts suggest potentially increased interest in the genetic testing arena, and the vague recommendations they offer may give the FTC broad latitude from an enforcement perspective, say attorneys at Moses & Singer.