Consumer Protection

  • October 15, 2021

    Ex-FTC Chair To Aid Maryland AG With Privacy, Antitrust Work

    A former head of the Federal Trade Commission is joining the Maryland attorney general's office to help boost the enforcer's growing efforts to manage emerging data privacy, technology and antitrust issues, the office said Thursday.

  • October 15, 2021

    Appeal Sought Over Chancery's Facebook Class Counsel Pick

    Block & Leviton LLP and Heyman Enerio Gattuso & Hirzel LLP sought a mid-case appeal Friday over a ruling granting class counsel leadership for Delaware stockholder litigation over Facebook security lapses, arguing that the Chancery's choice was both faulty and potentially overbroad.

  • October 15, 2021

    HP Must Face Most Claims In Suit Over Ink Cartridges

    A California federal judge ruled Friday that HP Inc. cannot ditch the bulk of a proposed class action alleging a ploy to force customers to buy HP ink and toner by sending firmware updates so its printers could only use HP cartridges.

  • October 15, 2021

    5th Circ. Says CFPB Payday Loan Regs Must Wait For Appeal

    The Fifth Circuit has stepped in to extend a stay on Consumer Financial Protection Bureau payday lending regulations that are being challenged by two industry trade groups, giving small-dollar lenders a reprieve from an expected June compliance deadline.

  • October 15, 2021

    Most Cancer Claims Survive In Suit Over Weight Loss Drug

    A Missouri federal judge has dismissed design defect claims against Arena Pharmaceuticals over its weight loss medication Belviq, but the drugmaker couldn't shake allegations that its negligence and inadequate warnings caused a woman's breast cancer.

  • October 15, 2021

    Theranos' Test Demo Hid Failures From Investors, Jury Told

    A former Theranos senior project manager testified in ex-Theranos CEO Elizabeth Holmes' criminal fraud trial Friday that he gave potential investors tours of the startup's headquarters and helped set up demonstrations using Theranos' blood-testing devices, which were, on at least one occasion, programmed to shield protocol failures.

  • October 15, 2021

    Skin Care Co. Ordered To Pay $2.3M For Copied Packaging

    A Florida federal judge has ordered a skin care company to pay a rival $2.3 million after a jury found the business ripped off copyrighted text and design elements for its anti-aging cream packaging.

  • October 15, 2021

    Google Users Push For Class Cert. In Chrome Privacy Suit

    Chrome browser users who are accusing Google of collecting personal data from them without permission are pressing U.S. District Judge Lucy Koh to allow them to proceed as a certified class, arguing that the tech giant made nearly identical privacy promises to all proposed class members.

  • October 15, 2021

    DOJ Lands 1st Indictment Of Many Expected In 737 Max Probe

    The criminal indictment of The Boeing Co.'s former chief technical pilot for allegedly duping federal safety regulators during their review of the 737 Max is the first of what's likely to be many, as the U.S. Department of Justice vows to vigorously prosecute individuals undermining public safety.

  • October 15, 2021

    Rosen Law Firm To Lead Class In Robinhood MDL

    A Florida federal judge appointed the Rosen Law Firm PA on Friday to lead multidistrict litigation that alleges stock-trading app Robinhood caused more than $10 billion in market capitalization losses after its customers were hit in January with trading restrictions on certain stocks.

  • October 15, 2021

    FTC Reaches Deal In Suit Over Alleged Inmate Call Plan Scam

    A California federal judge on Thursday approved the stipulated settlement agreement between the Federal Trade Commission and a man it accused of running a $1.2 million scam advertising fake unlimited inmate calling plans.

  • October 15, 2021

    Treasury Issues Sanctions Compliance Guide Aimed At Crypto

    The Office of Foreign Assets Control on Friday published a compliance guide for digital asset companies as part of its ongoing efforts to crack down on ransomware attacks and the use of cryptocurrencies to avoid sanctions.

  • October 15, 2021

    NJ Panel Undoes Cable Regulator's Prorated Bill Mandate

    A New Jersey state appeals court on Friday invalidated the state cable regulator's order that Altice must prorate customers' final bills, backing a federal judge's determination that the mandate encroaches upon federal law.

  • October 15, 2021

    $93.5M Deals In Chicken Price-Fixing Row Get Initial OK

    An Illinois federal judge granted early approval Friday to three settlements totaling $93.5 million that commercial and institutional indirect purchasers reached with Tyson Foods Inc., Pilgrim's Pride Corp. and Mar-Jac Poultry Inc. to settle claims they conspired with competitors to fix the price of broiler chicken.

  • October 15, 2021

    Student Debtors Lose Fla. Fraud Cases — For Now

    A federal judge has dismissed three consolidated cases accusing a student debt relief operation of fraud and racketeering but left the door open for debtors to file an amended complaint, while permanently dismissing malpractice claims against Florida law firm Berger Singerman over its role in the creation of the alleged scam.

  • October 15, 2021

    Kemper Strikes $17.6M Deal To End Data Breach Litigation

    Kemper Corp. and subsidiary Infinity Insurance Co. have entered a settlement valued around $17.6 million to end litigation over claims stemming from two data breaches that gave hackers access to customers' personal information, a proposed customer class said Thursday.

  • October 14, 2021

    Zendesk Wants 9th Circ. To Affirm Ax Of Investors' Breach Suit

    Software company Zendesk is urging the Ninth Circuit to uphold the dismissal of a putative securities class action accusing it of concealing a 2016 data breach, arguing that it never lied to or misled investors about the strength of its data security program. 

  • October 14, 2021

    CFPB, FTC Wade Into 4th Circ. Fight Over Public Records Site

    The Consumer Financial Protection Bureau and Federal Trade Commission told the Fourth Circuit on Thursday that a public records website cannot use so-called Section 230 liability protections for tech platforms to shield itself from a class action accusing it of credit reporting violations.

  • October 14, 2021

    Holmes Prayed As WSJ Reporter Raised Doubts, Jury Told

    A California federal magistrate judge Thursday rejected ex-Theranos CEO Elizabeth Holmes' efforts to exclude ex-Wall Street Journal reporter and "Bad Blood" author John Carreyrou from watching her criminal fraud trial, while the jury viewed text messages showing she was "praying literally nonstop" as Carreyrou's investigation raised doubts about Theranos' technology.

  • October 14, 2021

    Shkreli Wants FTC's Monopolization Trial Pushed Back

    Disgraced former pharmaceutical executive Martin Shkreli wants his mid-December civil trial pushed back to May, telling the New York federal judge overseeing the bench trial that without a delay he will be facing a "Hobson's choice" that could leave him in jail an extra year.

  • October 14, 2021

    Insurer Says Lab Charged Up To $979 Per COVID-19 Test

    Premera Blue Cross is accusing GS Labs of ordering unnecessary COVID-19 tests for patients and charging "exorbitant" prices upwards of $979 per test so that it can inflate the amount it bills insurers, according to the health insurer's lawsuit filed Thursday in Washington federal court.

  • October 14, 2021

    Dental Co. To Pay $63M To End Investors' Price-Fixing Suit

    Patterson Cos. Inc. has agreed to pay $63 million to end investors' class action in Minnesota federal court accusing the dental supply company of working with competitors to fix prices, according to the investors' unopposed bid for preliminary approval of the deal Thursday.

  • October 14, 2021

    Cookware Firm Says Warranties Should Block Defect Suits

    A Pennsylvania-based cookware company pointed repeatedly to its "lifetime warranty" Thursday as reason to dismiss several cases from federal multidistrict litigation over allegedly defective pots and pans.

  • October 14, 2021

    Radio Frequency Suits Force FCC To Address Health Impact

    The Federal Communications Commission is dealing with a pair of lawsuits challenging wireless safety rules put in place before the era of 5G and ubiquitous Wi-Fi, highlighting activists' concerns over the proliferation of invisible radio frequency signals, as well as heightened health consciousness brought about by the coronavirus pandemic and growing interest in personal wellness.

  • October 14, 2021

    Otis Elevator Must Face Suit In NY Over Woman's Injury

    A New York appeals court has revived claims that Otis Elevator Co. is responsible for a faulty elevator that allegedly injured a woman when it suddenly accelerated and then abruptly stopped, finding that the woman's expert report creates a triable issue of fact.

Expert Analysis

  • Compliance Tips For Marketing Health Benefits In Alcohol

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    When it comes to marketing alcohol products around health benefits, such as vitamin-fortified hard seltzer, accurately understanding product classification, along with regulators' stance on individual beverage claims, will make it easier to avoid regulatory risk, say attorneys at DLA Piper.

  • Extension Of The HSR Waiting Period Increases Acquirer Risk

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    Attorneys at K&L Gates look at the Federal Trade Commission's recent extension of the merger-review waiting period under the Hart-Scott-Rodino Act, and its effect on pending transactions, broader public policy and the Biden-era M&A market.

  • Girardi Scandal Provides Important Ethics Lessons

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    The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

  • How Social Media, Mass Torts Affect Adverse Event Reports

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    Increases in mass tort litigation e-discovery and social media use are driving a surge in the amount of adverse event information received by manufacturers from the public about their drugs and medical devices, so companies must proactively consider how they will handle this data while remaining compliant with their reporting obligations, says Adam Pierson at DLA Piper.

  • Takeaways From CFPB's Fair Debt Collection Rule Changes

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    James Sandy at McGlinchey Stafford examines the Consumer Financial Protection Bureau's upcoming amendments to the Fair Debt Collection Practices Act, and offers compliance considerations for debt collectors with respect to new communications methods and safe harbor provisions.

  • Series

    Embracing ESG: Jabil GC Talks Compliance Preparation

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    Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

  • 3 Ways CLOs Can Drive ESG Efforts

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    Chief legal officers are specially trained to see the legal industry's flaws, and they can leverage that perspective to push their companies toward effective environmental, social and governance engagement, says Mark Chandler at Stanford Law School.

  • ComEd Ruling Invites Plaintiffs To Bypass Filed Rate Doctrine

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    An Illinois federal court's recent ruling on a putative class action claim against Commonwealth Edison could encourage future plaintiffs to avoid dismissal by failing to mention in their complaints that they paid the rates listed in a public utility's filed tariff, says Tyson Covey at Duane Morris.

  • How To Navigate California's New Intrastate CBD Route

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    Businesses and consumers should prepare for rigorous compliance checks on manufacture, distribution and retail sale of consumer products made with CBD and other hemp-derived cannabinoids. following California's new law opening the potentially enormous market for these items, says Christian Foote at Clark Hill.

  • How Law Firms Can Rethink Offices In A Post-Pandemic World

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    Based on their own firm's experiences, Kami Quinn and Adam Farra at Gilbert discuss strategies and unique legal industry considerations for law firms planning hybrid models of remote and in-office work in a post-COVID marketplace.

  • Opinion

    Next Fed Supervision Vice Chair Must Restore Bank Oversight

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    President Joe Biden's upcoming pick for vice chair of supervision at the Federal Reserve must undo deregulation of the banking industry carried out since 2017, and address emerging threats with an eye toward racial economic inequality, climate-related risks, fintech, liquidity requirements and more, says Phillip Basil at Better Markets.

  • Opinion

    Time To Restore Arbitration's Promise Of Efficiency For All

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    As companies like Amazon.com turn away from mandatory arbitration clauses, it may seem that the popularity of this litigation alternative is waning, but there are effective ways for parties to fine-tune their arbitration agreements to ensure the process remains quick and inexpensive, says Janice Sperow at Sperow ADR.

  • Takeaways From The Latest Proposed Competition Legislation

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    Maggie Crosswy and William MacLeod at Kelley Drye examine over 30 bills before the House and Senate that would alter the U.S. competition and consumer protection landscape, explaining what they propose, where they stand and why they matter.

  • Manufacturers Face Evolving COVID-19 Legal Challenges

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    Product manufacturers must adopt new strategies to defend against pandemic-related legal challenges, including discovery delays in health care litigation, novel consumer protection claims, aggressive government enforcement actions and supply chain disputes, says Stephanie Laws at Maslon.

  • Series

    Embracing ESG: Baker Hughes CLO Talks Sustainability Team

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    For businesses focused on addressing environmental, social and governance considerations, a legal team that can coordinate sustainability efforts across the company can help to manage risk and compliance issues, anticipate and prepare for change, and identify new opportunities, says Regina Jones at Baker Hughes.

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