7th Circ. Forces Mercedes 3G Obsolescence Suit Into Arb.

By Jonathan Capriel

Mercedes-Benz drivers who sued the automaker after its subscription-based roadside assistance and other features became obsolete will have to take their claims to arbitration, the Seventh Circuit ruled on Friday, saying the customers agreed to deal with disputes outside court.

Opinion attached | Read full article » | Save to favorites »

FTC Mulls Merger Rule Appeal, Blasts 'Left-Wing' Chamber

By Bryan Koenig

After a Texas federal judge struck down a major overhaul of premerger reporting requirements, the Federal Trade Commission said Friday it would keep its options open for continuing the legal fight while also assailing the U.S. Chamber of Commerce, the plaintiff in the case, as a "left-wing" organization.

Read full article » | Save to favorites »

Analysis

Novel Calif. Data Deletion Tool Off To Hot Start, Director Says

By Allison Grande

Despite a relatively quiet rollout, more than 170,000 California residents have signed up for a first-of-its-kind system that allows them to ask all registered data brokers to delete their personal information in a single request, positioning the tool as a strong model for other states similarly looking to boost consumer protections, the executive director of the state's privacy regulator told Law360.  

Read full article » | Save to favorites »

Stanford Prof Tells Jury Studies Confirm Social Media Addiction

By Craig Clough

A Stanford University professor of psychiatry and addiction returned to the witness stand Friday in a California bellwether trial over claims that social media companies harm young people's mental health, saying studies have concluded that addiction to platforms such as YouTube and Instagram is real and can hurt mental health.

Read full article » | Save to favorites »

'Conjecture' Frees Duke Energy From Climate Change Suit

By Abigail Harrison

Duke Energy Corporation was freed from a North Carolina town's novel lawsuit seeking to hold the utility accountable for climate change-related damages after a North Carolina Business Court judge ruled it presented questions that would force a jury into "utter conjecture."

Opinion attached | Read full article » | Save to favorites »

States' Generic Drugs Antitrust Case Headed Toward Trial

By Hailey Konnath

A Connecticut federal judge has mostly refused to side with pharmaceutical companies facing states' generic drug price-fixing litigation against them, ruling that there are genuine disputes of material fact as to drug distribution chains and the states' antitrust standing and teeing up the case for trial.

Order attached | Read full article » | Save to favorites »

Olympus Slips Whistleblower Suit Over Testing Practices

By P.J. D'Annunzio

A Pennsylvania federal judge has dismissed a whistleblower lawsuit brought by the former head of product development for Olympus Corp. of the Americas, ruling that the ex-executive failed to show he was fired in retaliation for speaking out about what he alleged were company violations of the National Defense Authorization Act.

Opinion attached | Read full article » | Save to favorites »

'Acqui-Hires' In AI Drawing Antitrust Scrutiny, Tech Attys Say

By Bonnie Eslinger

Attorneys with Nvidia, Google and Uber took the stage at a conference hosted by Baker McKenzie to discuss emerging trends in antitrust enforcement, including how booming AI investment has produced new regulatory scrutiny of "acqui-hires," in which large companies acquire startups primarily to hire their teams.

Read full article » | Save to favorites »

State AGs Back Senate's Version Of Kids Online Safety Act

By Joyce Hanson

Forty state attorneys general have joined in urging Congress to support the U.S. Senate's version of the bipartisan Kids Online Safety Act, a measure that would require online platforms to default to their most protective settings for children.

Letter attached | Read full article » | Save to favorites »

Senate Leaders Agree To Bipartisan Satellite License Plan

By Nadia Dreid

Senate commerce committee Republicans and Democrats have come together to make some changes to a bill that would speed up the review of satellite applications, allowing it to advance out of the committee and head to the Senate floor.

Bill attached | Read full article » | Save to favorites »

Lifeline's $9.25 Only Makes Dent In Broadband Cost, FCC Told

By Christopher Cole

Advocates for the Lifeline subsidy program hope to convince the Federal Communications Commission that a $9.25 benefit for monthly telecom service does little to offset the cost of broadband since low-income consumers no longer receive any other federal aid for communications services.

Letter attached | Read full article » | Save to favorites »

Banking, Fintech Groups Clash Over OCC Trust Rule Update

By Aislinn Keely

Banking groups have warned the Office of the Comptroller of the Currency that it's overstepping its authority with a proposal to update the scope of national trust company operations, while fintech groups that the rule change would ostensibly benefit have applauded the measure.

8 documents attached | Read full article » | Save to favorites »

Brief

FDA Removes Boxed Warnings From HRT Products

By Jonathan Capriel

Six menopause hormone therapies will no longer have warnings on their label about heart disease, breast cancer and dementia, after the U.S. Food and Drug Administration said it removed them so that women can make decisions "free from exaggeration or fear."

Read full article » | Save to favorites »

Brief

House Committee OKs Closer Look At Broadband 'Barriers'

By Nadia Dreid

A bill that would direct agencies to take a closer look at the administrative barriers that stand in the way of broadband deployment has sailed through the House Committee on Natural Resources and now heads to the full House for consideration.

Bill attached | Read full article » | Save to favorites »

FCC Pulls Equipment Lab Status From 4 Chinese Cos.

By Christopher Cole

The Federal Communications Commission said Friday it will no longer certify equipment labs run by four Chinese technology companies and opened formal action against a fifth to eventually revoke its accredited status.

6 documents attached | Read full article » | Save to favorites »

EU Approves Universal Music's $775M Deal For Downtown

By Matthew Perlman

European enforcers have greenlighted Universal Music Group's $775 million purchase of Downtown Music Holdings, after the companies agreed to unload a royalty accounting platform that has access to sensitive information from rival music labels.

Read full article » | Save to favorites »

Ex-Miami City Atty Seeks To Halt Real Estate Fraud Suit

By David Minsky

A former Miami city attorney has asked a Florida state court to pause a lawsuit alleging she and her husband engaged in a real estate fraud conspiracy, arguing she's entitled to a stay while challenging an order denying her immunity because the complaint was filed when she was a public official.

3 documents attached | Read full article » | Save to favorites »

CFPB Calls State AGs' Suit Moot Now That It Has Funding

By Katryna Perera

The Consumer Financial Protection Bureau has told an Oregon federal judge that a suit brought by several state attorneys general over acting Director Russell Vought's alleged refusal to replenish the agency's funding from the Federal Reserve is now moot since the CFPB "has requested and received funding for this quarter."

Brief attached | Read full article » | Save to favorites »

FullBeauty Can't Nix Wash. Anti-Spam Suit As Unconstitutional

By Ben Adlin

A Seattle federal judge rejected an apparel retailer's arguments that a Washington state anti-spam law is unconstitutional and preempted by federal law, ruling that a consumer's proposed class action against FullBeauty Brands can move forward.

Order attached | Read full article » | Save to favorites »

CareDx Seeks High Court Review Of $45M False Ad Case

By Ivan Moreno

Transplant diagnostics company CareDx has asked the U.S. Supreme Court to review a Third Circuit decision that erased a nearly $45 million jury award against rival Natera in a false advertising case, arguing the appeals court is the only one that forbids juries from inferring consumer deception when determining damages.

Petition attached | Read full article » | Save to favorites »

Atty Fee Fight Brewing After Google's Chatbot Injury Settlement

By Y. Peter Kang

An Orlando, Florida, law firm has urged a federal court to grant it contingency fees from a pending settlement in a suit accusing Google LLC and a chatbot company of causing the suicide of a teen, saying the firm was left in the dark about the deal.

Opinion attached | Read full article » | Save to favorites »

4th Circ. Gives Models 2nd Shot At Suit Over Stolen Photos

By Elliot Weld

Several models who said a nightclub used their photos without permission will have another chance at pursuing their trademark infringement claims after the Fourth Circuit on Friday found that the models' failure to respond to the club's motion to dismiss within 14 days was no reason to toss the suit.

Opinion attached | Read full article » | Save to favorites »

Fintech's Home Equity Product Is Predatory Loan, Suit Says

By Emilie Ruscoe

Fintech firm Hometap Equity Partners LLC faces class action claims in New Jersey federal court that its "complex, confusing and high-risk" home equity products are predatory loans in disguise that violate federal and state consumer protection laws and could cost consumers their homes.

Complaint attached | Read full article » | Save to favorites »

Chewy Settles Antitrust Claims Over Elanco Flea & Tick Meds

By Matthew Perlman

Chewy has reached a settlement with consumers in a case accusing Elanco Animal Health Inc. of paying several pet supply retailers not to stock generic versions of its Advantix topical flea and tick prevention drugs.

Notice attached | Read full article » | Save to favorites »

Zillow, Redfin Say FTC Suit Fails To Show Antitrust Harm

By Nate Beck

Zillow Group Inc. and Redfin Corp. backed up their attempt to escape a Virginia federal lawsuit from the Federal Trade Commission by arguing that the agency had overlooked the value to both renters and advertisers in a partnership between the companies not to compete for ads.

Brief attached | Read full article » | Save to favorites »

Pyure Hit With False Ad Suit Over Monk Fruit Sweetener

By Gina Kim

Pyure Brands was hit with a proposed class action in California federal court Thursday alleging it falsely advertises its monk fruit sweeteners as being "free from artificial sweeteners," despite that they're predominantly sweetened with sugar alcohol known as erythritol, which is linked to increased risk of heart attacks and stroke.

Complaint attached | Read full article » | Save to favorites »

Brief

FinCEN Opens Online Portal For Whistleblower Tips

By Sarah Jarvis

An enforcement arm of the U.S. Treasury Department on Friday launched a webpage for confidential whistleblower tips on fraud, money laundering and sanctions violations, touting financial awards for eligible tips.

1 document attached | Read full article » | Save to favorites »

Strategies For Effective Class Action Email Notice Campaigns

Recent cases provide useful guidance on navigating the complexities of sending email notices to potential class action claimants, including drafting notices clearly and effectively, surmounting compliance and timing challenges, and tracking deliverability, says Stephanie Fiereck at Epiq.

Read full article » | Save to favorites »

Ariz. Uber Verdict Has Implications Beyond Ride-Hailing Cos.

When an Arizona federal jury in Jaylyn Dean v. Uber Technologies recently ordered Uber to pay $8.5 million to a woman who said she was sexually assaulted by her driver, their most important finding — that the driver was Uber's agent — could have huge consequences for future litigation involving platform-based businesses, says Michael Epstein at The Epstein Law Firm.

Read full article » | Save to favorites »

How Lenders Can Be Ready For Disparate Impact Variabilities

Amid state attorneys general's and regulators' mixed messaging around disparate impact liability, financial institutions can take several steps to minimize risk, including ensuring compliance management aligns with current law and avoiding decisions that impede growth in business and service, says Elena Babinecz at Baker Donelson.

Read full article » | Save to favorites »

Notable Q4 Updates In Insurance Class Actions

Last quarter featured a novel class action theory about car rental reimbursement coverage, another win for insurers in total loss valuations, a potentially broad-reaching Idaho Supreme Court ruling about illusory underinsured motorist coverage, and homeowners blaming rising premiums on the fossil fuel industry, says Kevin Zimmerman at BakerHostetler.

Read full article » | Save to favorites »

Series

Judges On AI: Practical Use Cases In Chambers

U.S. Magistrate Judge Allison Goddard in the Southern District of California discusses how she uses generative artificial intelligence tools in chambers to make work more efficient and effective — from editing jury instructions for clarity to summarizing key documents.

Read full article » | Save to favorites »

Talc MDL Law Firm Accuses Litigation Funders Of Case Piracy

By Ryan Boysen

A leading plaintiffs law firm in the multibillion-dollar litigation over Johnson & Johnson's tainted talcum powder has alleged in Mississippi federal court three investment firms loaned it "tens of millions" of dollars under false pretenses in a "loan-to-own" scheme.

2 documents attached | Read full article » | Save to favorites »

Bogus Citations Show 'Lack Of Respect' For Legal Profession

By Lynn LaRowe

In recommending $10,000 in sanctions for a lawyer who submitted multiple briefs with nonexistent or misrepresented citations, a federal judge in Indiana lamented that the blunders show a "lack of respect for the profession."

Order attached | Read full article » | Save to favorites »

Analysis

How Attorneys Are Handling A Patent Review 'Sea Change'

By Ryan Davis

Major changes to the America Invents Act patent review system over the past year have put limits on challenges, requiring patent challengers and owners to rethink their strategies. Here's how attorneys on both sides are calibrating their arguments to have the best chance of success in the new landscape.

Read full article » | Save to favorites »

6th Circ. Says Ch. 13 Motion Came 84 Minutes Too Late

By Vince Sullivan

A 2-1 split panel of the Sixth Circuit affirmed two lower court rulings from Michigan federal judges denying a Chapter 13 debtor's motion to dismiss his bankruptcy case because the request came 84 minutes after a bankruptcy court converted the case to a Chapter 7.

Opinion attached | Read full article » | Save to favorites »

RFK Jr. Taps Ex-Jones Day Atty For FDA Senior Counselor

By Hailey Konnath

U.S. Department of Health and Human Services Secretary Robert F. Kennedy Jr. has named a former Jones Day partner as one of the U.S. Food and Drug Administration's senior counselors, according to an announcement.

Read full article » | Save to favorites »

Louisiana Atty Takes Responsibility For AI Usage Snafu

By Christine DeRosa

After facing the threat of sanctions alongside three of his co-counsel, a Louisiana attorney told a federal judge that he was solely responsible for an error-riddled brief written with the assistance of artificial intelligence. 

3 documents attached | Read full article » | Save to favorites »

Brief

Indiana AG Declines To Intervene In Posner Wage Suit

By Emily Sawicki

Indiana's attorney general has declined to intervene in a pro se plaintiff's suit seeking to revive $170,000 in wage claims against retired Seventh Circuit Judge Richard A. Posner, finding the case did not pose a "substantial" constitutional challenge to a state statute mandating that delayed contracts must be written and signed to be enforced.

2 documents attached | Read full article » | Save to favorites »

Roundup

UK Litigation Roundup: Here's What You Missed In London

By Laura Stewart Liberty

This past week in London has seen a former U.S. defense contractor convicted of tax evasion face legal action, French football club Olympique Lyonnais sued following a $97 million ruling against its owner John Textor, consulting giant Kroll targeted by a South African airline, and H&M hit with a claim alleging it copied protected sunglasses designs. Here, Law360 looks at these and other new claims in the U.K.

Read full article » | Save to favorites »

GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

Taking heat from Republican senators over not notifying members of Congress about subpoenas for their phone records, Verizon's general counsel has pledged that in the future, the company will fight gag orders requiring it to keep silent. And taking heat from shareholders and colleagues over her ties to Jeffrey Epstein, Goldman Sachs' chief legal officer has agreed to leave the firm in June.

Read full article » | Save to favorites »

Law360's Legal Lions Of The Week

By Kevin Penton

WilmerHale and Gillam & Smith LLP lead this week's edition of Law360 Legal Lions, after a Texas federal jury cleared Apple of infringement claims over patents covering 4G wireless technology, in a case that previously led to jury verdicts of $506 million and $300 million.

Read full article » | Save to favorites »

In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

Read full article » | Save to favorites »