Consumer Protection

Expert Analysis

• What Cos. Must Know About New Sesame Allergen Labeling

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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.

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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.