Consumer Protection

  • August 12, 2022

    'Related Claims' Issue Central To Zoom's $90M Coverage Row

    Zoom's battle with two groups of excess insurers over $90 million in legal costs in actions over allegations of data security problems may hinge on whether an initial government probe and follow-on civil lawsuits constitute one or multiple claims — a recurring issue in errors and omissions insurance disputes.

  • August 12, 2022

    Avis And Customers Reach $45M Deal In E-Toll Fees Suit

    Rental car giant Avis Budget Group Inc. will reimburse members of a customer class accusing it of secretly charging extra fees on its electronic toll-payment service, according to a $45 million settlement agreement submitted for approval in a New Jersey federal court.

  • August 12, 2022

    FCC Permanently Allows Amtrak To Deploy Safety Controls

    The Federal Communications Commission moved Thursday to allow Amtrak to permanently deploy congressionally required safety technology on a railway connecting Poughkeepsie to Schenectady, New York.

  • August 12, 2022

    Ga. Judge Won't Let Attys Exit $200M Boat Accident Case

    A Georgia state judge has denied a request by Carlton Fields attorneys to withdraw their representation of a defunct boat maker facing $48 million in damages as part of a $200 million verdict awarded to the parents of a young boy who died in a boating accident on a Georgia lake.

  • August 12, 2022

    Monster Shouldn't Get $6M Fee Award For IP Win, Judge Says

    A Florida magistrate judge recommended Thursday that a federal judge reject Monster Energy's request for $6 million attorney fees for beating Vital Pharmaceuticals' trade dress fight over its Bang energy drinks, finding that although Vital's case was ultimately found to be "weak," some claims were colorable and fees are not warranted.

  • August 12, 2022

    IPhone Class Attys Seek $6.6M Fee After Apple Deal

    Class attorneys representing iPhone users who won a $20 million settlement from Apple over updates that allegedly caused devices to crash are requesting a $6.6 million chunk of the payout for their services in the suit that lasted over six years.

  • August 12, 2022

    Amazon, GE Say Online Retailers Sold Fake Water Filters

    Amazon and GE have teamed up in a federal suit accusing 16 online retailers of using the e-commerce site to sell fake General Electric water filters, breaking U.S. trademark and false advertising laws.

  • August 12, 2022

    Feds Aim For More Insight On Hacks With Maze Of Policies

    As U.S. federal agencies push for more visibility into cyberattacks with a fast-developing patchwork of reporting rules, industry observers are keeping a close eye on how broadly the new laws will define covered entities and how quickly companies will be required to notify officials.

  • August 11, 2022

    Calif.'s Broad Nuisance Law Key To Walgreens Opioid Liability

    A California federal judge's decision Wednesday holding Walgreens liable for substantially contributing to the opioid crisis in San Francisco was bolstered by the Golden State's broad public nuisance law, but whether other states similarly apply the legal doctrine remains to be seen, lawyers told Law360.

  • August 11, 2022

    Robinhood Can't Yet Ditch 'Meme Stock' Manipulation Claims

    A Florida federal judge on Wednesday refused to throw out investors' claims that Robinhood manipulated the stock market when it restricted trading on "meme stocks" during last year's market volatility, finding that they've plausibly alleged that Robinhood acted willfully to lower the prices of the affected stocks.

  • August 11, 2022

    Biden's 10th Circ. Pick Seen As Humble Yet Savvy Prosecutor

    President Joe Biden has tapped for the Tenth Circuit Court of Appeals a longtime federal prosecutor who's respected across party lines for his humility and compassion — and, if confirmed, would be the first person of color from Kansas to serve as a judge in that court.

  • August 11, 2022

    Attys Nab $500K Award After Macy's $1.5M TCPA Deal

    A Florida federal judge on Thursday awarded attorneys representing a class of consumers $500,000 in fees following the final approval of a $1.5 million settlement deal resolving claims against retail chain Macy's over unwanted debt collection calls using an automated dialing machine.

  • August 11, 2022

    Surgical Robot Co.'s Antitrust Fight Heads To Dec. Trial

    A Florida federal judge on Wednesday refused to hand Intuitive Surgical a win on antitrust claims alleging the surgical robot maker forces hospitals to buy new equipment by forbidding third-party repairs, sending the dispute — and Intuitive's false-advertising counterclaims against the repair company plaintiff — to a December jury trial.

  • August 11, 2022

    Vizio Plans To Appeal Axed $17M Privacy Coverage Suit

    Vizio notified a California federal judge that it will appeal his decision to toss a lawsuit that sought to force the TV maker's excess insurer to contribute coverage to a $17 million settlement in a multidistrict litigation that accused the company of selling data without consumers' consent.

  • August 11, 2022

    Ex-Wells Fargo Risk Exec Joins Texas Capital Bank

    An ex-risk management executive with big investment banks including Wells Fargo and JPMorgan Chase & Co. has joined Texas Capital Bank as its chief compliance officer, according to an announcement Thursday.

  • August 11, 2022

    Schools, Libraries Seek More Time On FCC Subsidy Deadline

    A coalition of "anchor" institutions including schools and libraries urged the Federal Communications Commission to push back a key deadline to provide certain telecom services that receive federal support due to severe supply chain issues.

  • August 11, 2022

    Gorton's May Sink Frozen Fish Labeling Suit, Judge Hints

    Gorton's Inc. may be able to avoid a suit claiming it misleadingly labeled its tilapia as "sustainably sourced" if its customers cannot show that it uses fish from substandard Chinese fish farms, a federal judge hinted Thursday.

  • August 11, 2022

    CFPB Says Firms With Lax Data Security Could Face Its Wrath

    The Consumer Financial Protection Bureau said Thursday that financial companies with weak information security protocols may be violating its ban on unfair practices and can be held liable accordingly.

  • August 11, 2022

    Spirit Denied Quick 2nd Circ. Appeal Of Bag-Fee Class Cert.

    The Second Circuit on Thursday rejected Spirit Airlines' bid to immediately challenge a district court's order certifying a class alleging the airline blindsided customers with hidden carry-on bag fees, as the parties prepare for a trial in the long-running contract dispute over Spirit's pricing terms.

  • August 11, 2022

    Amazon Must Face Discovery In Student Privacy Suit

    A Washington federal judge has rejected Amazon Web Services Inc.'s efforts to pause discovery in a proposed class action alleging that the cloud-computing giant violated an Illinois privacy law when it allowed online learning platform ProctorU to use Amazon's Rekognition facial recognition technology to verify students' identities.

  • August 11, 2022

    Plaintiffs Can't Add More Retailers To Clearview BIPA Suit

    An Illinois federal judge Wednesday refused to allow plaintiffs pursuing multidistrict biometric privacy litigation against Clearview AI to add AT&T, Kohl's, Best Buy, Albertsons, Walmart and Home Depot as defendants in a second amended complaint, saying they waited too long to bring those Clearview clients into the case.

  • August 11, 2022

    FTC Begins Privacy, Security Rulemaking Over GOP Rebuke

    The Federal Trade Commission on Thursday kicked off the process of crafting new rules to set limits on companies' use and sharing of vast troves of consumer data and to crack down on lax data security practices, a move opposed by its two Republican commissioners. 

  • August 11, 2022

    Debevoise Should Get Win In Phishing Bait Suit, Judge Says

    Debevoise & Plimpton LLP deserves an early win in a trademark suit against two website domains using its name to create phishing emails to try to steal people's sensitive personal information, a Virginia federal judge recommended Wednesday.

  • August 11, 2022

    Judge OKs $135K Atty Fees In Hemp Co. Data Settlement

    A North Carolina federal judge has given a thumbs-up to a $300,000 settlement in a class action over data breaches at hemp product company cbdMD Inc., as well as $135,000 for counsel fees.

  • August 11, 2022

    Calif. Court Says Legal Docs Co. Must Arbitrate Yelp Suit

    A California appeals court has upheld a trial court decision requiring the owner of a legal services company to arbitrate a defamation suit against Yelp over a negative review he received, rejecting arguments that a marketing contract he signed contained an "unconscionable" arbitration provision that he was never informed of.

Expert Analysis

  • A Law Firm's Guide To Avoiding Client Conflicts

    Author Photo

    With the pace of law firm mergers accelerating, Mark Hinderks at Stinson reviews the conflict of interest rules that may derail a deal or cause a firm to lose a new or existing client, and how courts have filled in perceived gaps in the rules.

  • Opinion

    The Defense Bar Must Push Back On Social Inflation

    Author Photo

    Social and litigation trends such as the rise of opioid and #MeToo cases have led to greater risks of nuclear verdicts for the defense bar and insurers, making efforts for tort reform, regulation of litigation funding and coordinated defense strategies essential, say Christopher Carroll and Joshua Wirtshafter at Kennedys and Rachel Kim at Sompo International.

  • Guarding Consumer Financial Data As Federal Scrutiny Grows

    Author Photo

    On the heels of a recent U.S. Senate request that the Financial Stability Oversight Council look into financial institutions' collection and sale of consumer data, the industry should take steps to ensure they handle this information in a manner that mitigates risk for all parties, say attorneys at Debevoise.

  • Understanding DC Circ.'s Agency Rule Withdrawal Debate

    Author Photo

    The D.C. Circuit's recent ruling that an agency must provide notice and an opportunity for comment when withdrawing a rule that has been filed for public inspection but not yet published in the Federal Register features a vigorous debate on the "point of no return" issue that has significant practical consequences whenever there is a change in administration, says Steven Gordon at Holland & Knight.

  • Considerations For Associates As Lateral Hiring Cools Down

    Author Photo

    Law firms are offering fewer signing bonuses and moving back to slower, more deliberate interview processes — a cue for associates to follow suit and consider the long-term advantages of a move instead of short-term financial gain, says Leeron Molloy at VOYlegal.

  • Justices' EPA Ruling Didn't Move Needle On Chevron Doctrine

    Author Photo

    Though some suggest the U.S. Supreme Court’s recent decision in West Virginia v. U.S. Environmental Protection Agency marked the end of a doctrine requiring judicial deference to federal regulators, the ruling merely articulated well-developed precedent on the limits of agency authority, say Dan Wolff and Eryn Howington at Crowell & Moring.

  • How Courts Are Applying TransUnion Ruling To Privacy Suits

    Author Photo

    One year after the U.S. Supreme Court’s landmark ruling in TransUnion v. Ramirez, recent cases show the decision’s impact on privacy class actions, and how applying TransUnion's close-relationship test to these suits has proved significantly more challenging, says Daniel Rockey at BCLP.

  • Ethics Lessons From The Alex Jones Discovery Debacle

    Author Photo

    The botched production of a cache of texts and emails prior to Alex Jones' defamation trial, and a failure to take corrective actions, should remind attorneys of the potential pitfalls of discovery, their professional responsibilities throughout the process, and the possibility of severe sanctions, say attorneys at Harris Wiltshire.

  • Why Gig Platforms Should Be On Alert

    Author Photo

    The Federal Trade Commission and state attorneys general have set their sights on the gig economy and practices they view as deceptive and unfair, which will open gig platforms to more scrutiny — and past cases against gig-economy giants including Uber and Instacart are cautionary tales to keep in mind, say attorneys at Venable.

  • Opinion

    Market Drops Show Tech Antitrust Reform Isn't Needed

    Author Photo

    Recent equity market declines — and technology history — cast doubt on the staying power of the tech platform lock-in effects used to justify proposed antitrust regulatory and legislative interventions, says Jonathan Barnett at the University of Southern California.

  • Series

    In-House At A Cannabis Company: The Advertising Issues

    Author Photo

    Cannabis advertising regulations are necessary to ensure public health and safety, but when a state overshoots these baseline concerns, the restrictions meant to protect the public can hinder the creation of a safe and legal cannabis market, says Monique Saysana at Leafly.

  • FinCEN's No-Action Letter Plan May Have Limited Impact

    Author Photo

    The Financial Crimes Enforcement Network's recently proposed no-action letter process for anti-money laundering compliance could provide clarity to financial services companies and promote their growth, but may also be limited by FinCEN's resources, approach and the lack of cross-regulator input, say Marc-Alain Galeazzi and Malka Levitin at MoFo.

  • Combating Implicit Bias In Alternative Dispute Resolution

    Author Photo

    Alternative dispute resolution requires a high degree of trust and belief that proceedings will be fair, so confronting implicit associations among neutrals through systemic and personal efforts is even more important in the ADR world, say arbitrators and mediators at JAMS.

  • How The Metaverse Will Affect Business And Legal Processes

    Author Photo

    It is time to start thinking about virtual reality's effects on cybersecurity, business dealings, case strategy and more, as the metaverse takes shape and organizations open banks, host law firm offices and create retail strategies digitally, says Samantha Green at Epiq. 

  • Opinion

    9th Circ. Must Block Cos.' Unfair Rules For Mass Arbitration

    Author Photo

    The Ninth Circuit should uphold a California federal court's decision in MacClelland v. Cellco Partnership, and make it clear that businesses cannot both force claims into individual arbitrations and make mass arbitration infeasible or impractical, say Raphael Janove and Sidney Cobb at Pollock Cohen.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!