Consumer Protection

  • May 29, 2020

    Pierce Bainbridge Calls Interim Class Lead Bid Premature

    Pierce Bainbridge's remaining lawyers have urged a Texas federal judge not to appoint a new firm formed by their ex-colleagues as interim lead counsel in a proposed class action against Southwest Airlines and Boeing, saying the move would be "premature."

  • May 29, 2020

    Rejected College Applicants Can't Sue Over 'Varsity Blues'

    A California federal judge tossed two putative class actions against the mastermind of the "Varsity Blues" admissions cheating scandal and universities tied to the headline-grabbing case, ruling Friday that the rejected college applicant plaintiffs weren't particularly impacted by the scheme.

  • May 29, 2020

    GM Gets Claims Trimmed In Takata Airbag MDL

    A Florida federal judge on Friday trimmed claims against General Motors in multidistrict litigation alleging the automaker sold vehicles with defective Takata Corp. air bags, tossing nationwide federal warranty claims but coming down on both sides on claims brought under various state laws.

  • May 29, 2020

    Sens. Join Call For FTC To Probe How TikTok Uses Kids' Data

    A bipartisan group of U.S. senators on Friday stepped up pressure on the Federal Trade Commission to investigate whether popular video-sharing app TikTok is "blatantly flouting" a deal with the commission that required it to significantly strengthen its children's privacy protections, a push that came just a day after more than a dozen U.S. House Democrats issued a similar call. 

  • May 29, 2020

    Race Co. Can't Escape Suit Over 'Worthless' Insurance

    A Florida federal court struck back at Spartan Race Inc.'s calling it "ill-equipped" to hear a proposed class action accusing it of overcharging racers for "worthless" insurance, rejecting its bid to move or dismiss the suit and finding the company failed to show the fee was not a deceptive or unfair act.

  • May 29, 2020

    OCC Rule Aims To Settle Interest Rate Transfer Controversy

    The Office of the Comptroller of the Currency issued a final rule Friday stating that interest rates established on bank-originated debt remain valid even after the debt is transferred to a nonbank partner, an action aimed at clearing up a yearslong controversy that called the longstanding "valid when made" doctrine into question.

  • May 29, 2020

    PPP By The Numbers: Visualizing Pandemic Biz Relief Funds

    The COVID-19 pandemic has caused widespread economic hardship for businesses of all sizes, with stay-at-home orders just now starting to be lifted after months in effect. Among the bipartisan actions taken by the federal government to support the business community was a concerted effort to provide forgivable loans to small businesses.

  • May 29, 2020

    SEC Says Volkswagen, Ex-CEO Can't Escape Emissions Suit

    U.S. securities regulators told a California federal judge that Volkswagen knowingly misled bond investors by failing to disclose its "clean diesel" emissions cheating scheme, so it's still on the hook for securities fraud even after reaching settlements with other agencies.

  • May 29, 2020

    Dems Upbeat On Prospects For Stalled Broadband Bills

    House and Senate Democrats have high hopes for passing a bevy of broadband expansion bills, whether or not they're officially rolled into the next coronavirus rescue package, two Hill staffers told Law360 during a virtual panel event on Friday.

  • May 29, 2020

    Maine Pay-Per-Channel Law Is Illegal, Comcast Tells 1st Circ.

    Comcast and a coalition of big-name networks called on the First Circuit to shield them from a recent Maine law mandating they let consumers buy individual channels instead of package deals, arguing Friday the mandate undermines their editorial discretion and cuts into their free speech.

  • May 29, 2020

    Godiva Can't Slip Suit Over Using 'Belgium 1926' On Labels

    A New York federal judge ruled Friday that Godiva Chocolatier Inc. must face some claims in a potential class action over its use of "Belgium 1926" on its U.S. packaging, saying it creates a "plausible inference" that the chocolates are of European origin when they are produced in Pennsylvania.

  • May 29, 2020

    Ky. Man Pilfered $10M In Futures Trade Scheme, CFTC Says

    The Commodity Futures Trading Commission asked a Kentucky federal judge Thursday to halt an operation by a man it says took $10 million from investors for a "Ponzi-like scheme."

  • May 29, 2020

    Pot Marketing Co. Wants TCPA Suit Paused For High Court

    A cannabis marketing company has asked a California federal court for a timeout in a proposed class action over unwanted texts, saying the fate of the law that consumers are suing under hangs in the balance before the U.S. Supreme Court.

  • May 29, 2020

    Borrowers Denied Cert. In Green Home Loans Suit

    A federal judge in California on Thursday denied a bid for class certification in a suit accusing a green home upgrades financing company of misrepresenting the terms of its loans, telling the borrowers they didn't show they had actually viewed various versions of the company's alleged misrepresentations.

  • May 29, 2020

    EasyJet Hit With £18B Class Action Testing Value Of Privacy

    More than 6,000 EasyJet customers are gearing up to test European Union data rules in a group lawsuit seeking damages from the airline after a cyberattack left their personal details exposed to hackers, lawyers representing the claimants said.  

  • May 28, 2020

    Ex-Cafe Worker Must Fix $3.2M Deal In Biometric Data Case

    An Illinois federal judge on Thursday rejected a former cafe employee's proposed $3.2 million settlement she'd hoped would end her proposed class action alleging Corner Bakery Cafe misused its employees' biometric data, ruling that it wrongly limits class members' ability to object to the deal or appeal.

  • May 28, 2020

    Prison Phone Co. To Pay Up To $25M To End Inmate Call Suit

    A prison technology company has agreed to a deal worth up to $25 million in cash and phone credits to end allegations it overcharged for inmate calling services, the class said Thursday in asking a New Jersey federal court for preliminary approval of the settlement.

  • May 28, 2020

    Seattle Fed. Courts May Not Hold Trials Until 2021, Judge Says

    A Seattle federal judge made an educated guess this week that civil and criminal jury trials in the Western District of Washington will likely not resume until at least 2021 due to the spread of the deadly coronavirus.

  • May 28, 2020

    NSA Warns On Russian Military Launching New Cyberattacks

    The same Russian military unit that U.S. officials say hacked Democratic National Committee servers to interfere with the 2016 presidential election is actively attacking vulnerable email servers across the globe, the U.S. National Security Agency warned Thursday in a rare public alert.

  • May 28, 2020

    House Dems Ask FTC To Probe TikTok Over Kids' Privacy Deal

    More than a dozen U.S. House Democrats are pushing the Federal Trade Commission to look into allegations that TikTok blatantly disregarded a deal with the agency that required it to bolster its privacy protections for children, joining a chorus of advocacy groups and other lawmakers who have raised questions about the popular video-sharing app's collection and use of personal data. 

  • May 28, 2020

    Feds Say Virus No Basis For Ex-Bumble Bee CEO To Skip Jail

    Prosecutors who secured the price-fixing conviction of former Bumble Bee CEO Chris Lischewski have panned the 59-year-old's assertion that jail time presents a threat to his life during the coronavirus pandemic, arguing he's not in a high-risk category and deserves no special treatment. 

  • May 28, 2020

    CPUC Approves PG&E's $58B Ch. 11 Plan Despite Criticism

    The California Public Utilities Commission on Thursday voted unanimously in favor of Pacific Gas and Electric Co.'s $58 billion bankruptcy reorganization plan after hearing more than 100 public comments from customers against it and three comments in support of it.

  • May 28, 2020

    Pediatric Home Care Giant Aveanna Hit With Data Breach Suit

    Aveanna Healthcare LLC was hit with a proposed class action in Georgia federal court Thursday alleging the Atlanta-based pediatric home care provider got hacked as a result of its lax digital security practices, then failed to help individuals whose sensitive data may have been stolen.

  • May 28, 2020

    Remanding Mass. Exxon Climate Case Clear Call, Judge Says

    A Massachusetts federal judge said Thursday the state attorney general's suit claiming ExxonMobil Corp. lied to investors and the public about climate change-associated risks relies on "mundane theories of fraud" that can be litigated in state court.

  • May 28, 2020

    Pharma Cos. Slam Cert. Bid In Diabetes Drug Price-Fixing Suit

    A group of pharmaceutical companies, including Bausch Health Co., has urged a California federal judge not to certify a class of buyers claiming the companies violated federal antitrust law by blocking a generic version of the diabetes drug Glumetza from entering the market.

Expert Analysis

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • Strategies For Managing Calif. Litigation As Courts Reopen

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    As state and federal courts in California begin to reopen, strategic decisions need to be made about where cases should be filed, public and private perception of litigation conduct, alternative plans for discovery, and more, says attorney Steven Brower.

  • Assessing The Novel Antitrust Claims In Humira Case

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    Indirect purchasers are accusing AbbVie of anti-competitive conduct through the use of so-called patent thickets to allegedly delay biosimilar versions of Humira — a theory that would potentially hold a pharmaceutical company liable for the acquisition and enforcement of its patents, raising important legal and economic questions, say analysts at Charles River Associates.

  • When Unclear Retail Rent-To-Own Terms Draw FTC Ire

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    The Federal Trade Commission's recent settlement with Progressive Leasing over its failure to clearly disclose rent-to-own prices illustrates the FTC's propensity to seek equitable monetary relief from national advertisers, as well as policy differences between Republicans and Democrats, say John Feldman and Gerry Stegmaier at Reed Smith.

  • 7 Considerations For BIPA Class Action Defense

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    Jad Sheikali at Honigman outlines the ever-growing list of issues facing companies defending class actions under the Illinois Biometric Information Privacy Act and how jurisdictional pitfalls and recent developments in preemption may affect defense strategies.

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • Calif. Justices' Ruling Marks Turning Point For Jury Trial Right

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    The California Supreme Court’s holding that unfair competition and false advertising claims don’t need to be tried by a jury in Nationwide Biweekly v. Superior Court creates a framework for analyzing causes of action under other state laws that could steer courts to similar conclusions, says Patrick Hammon at McManis Faulkner.

  • The Legal Risks Of Bias In Artificial Intelligence

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    Bias in artificial intelligence algorithms is inevitable, so companies that use AI should take proactive steps to avoid disparate impact on legally protected classes and minimize the risk of lawsuits, say Brig. Gen. Patrick Huston at the Army JAG Corps and Lourdes Fuentes-Slater at Karta Legal.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

  • Opinion

    Justices Should Construe Computer Fraud Law Narrowly

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    In U.S. v. Van Buren, the U.S. Supreme Court should follow burglary and trespass cases to limit the Computer Fraud and Abuse Act’s scope to accessing or misusing employer data and avoid the absurd result of criminalizing an employee's unauthorized Facebook visit, say Anthony Volini and Karen Heart at DePaul University.

  • FTC Continues To Zero In On Problematic M&A Noncompetes

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    Although noncompete clauses often play a vital role in mergers and acquisitions, they are not immune from antitrust scrutiny — exemplified by three recent Federal Trade Commission challenges, say Joel Grosberg and Lisa Rumin at McDermott.

  • A Guide To Evaluating And Advertising COVID-19 Products

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    As businesses evaluate products claiming to make workplaces safer during the pandemic, or look at marketing such products themselves, they should be aware of the highly regulated world of disease prevention claims if they wish to avoid enforcement and private litigation, say attorneys at Crowell & Moring.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • New Risk Of Whistleblower, Retaliation Claims In Health Care

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    Pandemic circumstances put health care facilities in a bind — they must continue to treat their patients, protect patient privacy, and ensure they have sufficient staff who are ready and willing to work, while also protecting themselves from the heightened threat of whistleblower and retaliation lawsuits, say attorneys at Pepper Hamilton.

  • Traps For The Unwary In Class Actions Targeting PPP Lenders

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    Recent class actions challenging how lenders prioritized Paycheck Protection Program applications or alleging failure to pay agent fees to those facilitating loan applications may be based on the flimsiest of legal theories, however risks still exist, as we saw earlier this month in a Michigan federal court decision, say Richard Gottlieb and Brett Natarelli at Manatt.

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