Consumer Protection

Expert Analysis

• Digital Data Privacy One Year After Carpenter

  

  Lower courts have begun to grapple with the implications of the U.S. Supreme Court's 2018 decision in Carpenter v. United States, which concerned the constitutional limits on government acquisitions of digital data. On the anniversary of the decision, Jonathan Cedarbaum, Nina Cahill and Sam McHale of WilmerHale analyze defendants' attempts to extend Carpenter's holding.

• Key Differences In Nev. And Calif. Data Privacy Laws

  

  Nevada’s recently enacted Senate Bill 220 gives state residents a broad right to opt out of the sale of their personal information. Companies currently preparing for the California Consumer Privacy Act cannot assume that CCPA compliance equates to compliance with S.B. 220, say Sadia Mirza and Yanni Lin at Troutman Sanders.

• A Look At China's New Cybersecurity Guidance

  

  Businesses providing services over the internet are likely to face continued challenges to comply with the expanding implementation of China's cybersecurity law, especially with respect to broadening definitions of personal information holders under new guidance, say Xiaoyan Zhang and Vincent James Barbuto of Reed Smith.

• Financial Services Regulation For Fintech Companies: Part 2

  

  In the second part of this series on regulatory challenges faced by fintech innovators, Nathan Greene and Justin Reda of Shearman & Sterling caution entrepreneurs in the financial space to be aware of when their products could be categorized as securities, and of the many regulatory obligations that can arise as a result.

• A New Way To Target Food Co. Supply Chain Practices?

  

  Recognizing California district courts' rejection of “pure omission” theories in cases targeting food companies for failure to disclose child labor in the supply chain, a group of plaintiffs have taken a different approach in the search for a liability hook to make nondisclosure of child labor actionable, says Christian Foote at Carr McClellan.

• 5 Ways Law Firms Can Improve Their Job Interviews

  

  When evaluating potential new hires, law firms should utilize structured interviews in order to create a consistent rating system that accurately and effectively assesses candidates' skills and competencies, says Jennifer Henderson of Major Lindsey.

• Financial Services Regulation For Fintech Companies: Part 1

  

  Firms in the U.S. financial sector are surrounded by a virtual moat of complex regulations, mandatory disclosures and compliance infrastructure. Nathan Greene and Justin Reda of Shearman & Sterling offer an overview of the regulatory context — and some of the crocodiles lurking in that moat — for fintech entrepreneurs entering the sector.

• False Ad Insights From Bud Light 'Corn Syrup' Case

  

  A Wisconsin federal court’s recent decision against Bud Light manufacturer Anheuser for its corn syrup-focused ad campaign targeting MillerCoors serves as an important reminder that even truthful statements may cross the line into misleading territory — and adds to the developing body of law surrounding comparative advertising claims about food ingredients, say attorneys at Finnegan.

• FCC's New Call-Blocking Ruling Necessitates More Oversight

  

  While the Federal Communications Commission's recent ruling authorizing phone carriers to block unwanted calls is a laudable effort, the lack of any industry call-blocking standards or appreciable oversight is a cause of massive concern for many callers who do not know whether their calls will be connecting, says Eric Troutman of Squire Patton.

• State Net

  State Efforts To Rein In Drug Costs Have Mixed Success

  

  Reducing the soaring costs of commonly used prescription drugs has become a political priority in the nation’s statehouses. But thus far, states have done better at increasing transparency around drug pricing than at actually lowering prices, says Lou Cannon of State Net Capitol Journal.

• A Rare Antitrust Deferred Prosecution Agreement From DOJ

  

  The significant question raised by Heritage Pharmaceuticals' deferred prosecution agreement — the U.S. Department of Justice Antitrust Division's first DPA with a company other than a bank — is whether it signals a broader openness to such agreements by the division, say Peter Huston and Alex Bourelly at Baker Botts.

• LightYear Is FTC's Data Security Warning To B2B Companies

  

  The Federal Trade Commission's data security settlement with LightYear Dealer Technologies is notable because the company does not market or sell products directly to consumers, and because the FTC made the eyebrow-raising claim that LightYear is a financial institution under the Gramm-Leach-Bliley Act, say attorneys at ZwillGen.

• How To Streamline Virtual Law Team Mass Tort Defense

  

  A primary benefit of the virtual law team in mass tort litigation is creative collaboration. A "company case" approach is essential to breaking down the silos between team members, say attorneys at FaegreBD and Reed Smith.

• The State Of Article III Standing 3 Years After Spokeo

  

  Three years after the U.S. Supreme Court's landmark consumer privacy decision in Spokeo v. Robins, Mary-Christine Sungaila and Marco Pulido at Haynes and Boone examine how courts have applied the opinion, the role of congressional findings in Article III standing cases, and a developing litigation trend.

• A New Way To Fight ADA Web Accessibility Claims In NY

  

  A New York federal court's recent decision in Diaz v. Kroger provides targets of Americans with Disabilities Act website accessibility cases with an additional tool for combating claims at the motion to dismiss stage, while also promoting the ADA's policy aims, says Adam Michaels of Hand Baldachin.