The U.S. Department of Justice on Tuesday urged lawmakers to update a law that governs procedures for federal rulemakings, saying that in its current form, it fails to adequately promote accountability, transparency and public participation, and isn't sufficient to deal with modern regulation.
Law360 Consumer Protection CONSUMER PROTECTION

Tuesday, August 11, 2020 Follow Law360






DOJ Says Administrative Procedure Act Is Behind The Times

The U.S. Department of Justice on Tuesday urged lawmakers to update a law that governs procedures for federal rulemakings, saying that in its current form, it fails to adequately promote accountability, transparency and public participation, and isn't sufficient to deal with modern regulation.

Report attached | Read full article »

9th Circ. Reverses FTC Win On Qualcomm Licensing

The Ninth Circuit on Tuesday reversed the Federal Trade Commission's win in its case accusing Qualcomm of violating antitrust law through its licensing practices for standard-essential patents covering cellular technology.

Opinion attached | Read full article »

Energizer Wants False Ad Suit To Keep Going And Going

Energizer Brands LLC is pushing a New York federal court to keep alive its suit alleging that Duracell U.S. Operations Inc. falsely claims its premium batteries perform better than all others, saying Duracell's bid for an early win is a straw man argument that misconstrues Energizer's complaint.

Memorandum attached | Read full article »


Google's Fitbit Bid Faces Varying Levels Of Data Concerns

Google's deal for fitness tracking outfit Fitbit comes amid mounting global pressure to address the dominance of large technology firms. European watchdogs have already raised concerns, but it's not clear U.S. antitrust enforcers will follow suit.

Read full article »

NY AG Says 'Rotten' Egg Supplier Gouged Prices In Pandemic

Hillandale Farms, one of the largest egg suppliers in the United States, was sued Tuesday by the attorney general of New York for allegedly gouging the price of eggs during the COVID-19 pandemic in an illegal scheme to profit off the deadly virus in the state.

Petition attached | Read full article »

Missouri CBD Co. Is The Latest Hit With TCPA Suit Over Texts

A Missouri-based CBD company has been hit with a proposed Telephone Consumer Protection Act class action in Vermont federal court accusing the company of sending unsolicited text messages, the latest in a string of similar suits against cannabis-related companies.

Complaint attached | Read full article »

Fluoride Risk Question Headed Back To EPA After Trial

Following a bench trial over the risks of adding fluoride to drinking water, a California federal judge told the challengers to file a new administrative petition with the U.S. Environmental Protection Agency so it can consider the substance's risks with the benefit of new evidence.

Order attached | Read full article »

REI Pushed Ineffective Hand Sanitizer Amid Virus, Suit Says

Outdoor gear retailer Recreational Equipment Inc. and a Massachusetts hand sanitizer company sought to capitalize on the COVID-19 pandemic by falsely marketing an alcohol-free product as a "proven alternative to alcohol sanitizers," according to a putative class action filed in federal court Tuesday.

Complaint attached | Read full article »

Dual Set Of Claims Dooms CareFirst Data Breach Appeal

The D.C. Circuit tossed an appeal from a CareFirst, Inc. policyholders' proposed class action over a 2014 data breach Tuesday, holding that it has no jurisdiction over the class representatives' claims as they are still pending in the district court.

Opinion attached | Read full article »

Fla. Mobile Home Park's Owners Beat RICO Suit

A federal judge has ruled that mobile home owners cannot pursue a proposed class action accusing the owners of a Florida mobile home park of engaging in a racketeering scheme to dupe individual homeowners and buyers into accepting more expensive land rental terms.

Order attached | Read full article »


Advertiser Insights From NAD's 1st Fast-Track Ruling

The National Advertising Division’s first substantive ruling under its fast-track review program — that a Clif Bar internet ad made an unqualified comparison to Kind bars — shows what types of cases qualify for expedited review, and demonstrates a strict approach toward comparative superiority claims, say Leonard Gordon and Shahin Rothermel at Venable.

Read full article »


FDA Should Follow FTC For Influencer Health Post Rules

As paid partnerships between influencers and pharmaceutical companies and the spread of COVID-19 misinformation increase, the U.S. Food and Drug Administration should modernize its social media guidance to match the Federal Trade Commission's, say Reena Jain and Carly Kessler at Robins Kaplan.

Read full article »

BIPA Suits Against 3rd-Party Vendors Face Numerous Hurdles

Two recent Illinois federal court opinions concerning Illinois’ Biometric Information Privacy Act claims against third-party vendors raise questions about the statute’s jurisdictional reach outside the state and whether disclosing biometric data to a vendor constitutes actual injury, say Karen Borg and Al Fowerbaugh at Porter Wright.

2 documents attached | Read full article »

Ways To Secure Consumers' Electronic Consent For Data Use

Many privacy laws require written consent from consumers to use or disclose their nonpublic personal information, but it is easy for digital businesses to obtain multipurpose electronically signed consents that protect against civil and regulatory actions, says Brian Casey at Locke Lord.

Read full article »

Lesser-Known Litigation Funding Best Practices For Attorneys

Following the American Bar Association's recent publication of third-party litigation funding guidance, Jiamie Chen and Dai Wai Chin Feman at Parabellum Capital outline some additional considerations, including the ethical limitations on single-case funding and the futility of economic prenegotiations between attorneys and their clients.

Read full article »


Dentons To Combine With 100-Attorney Utah Law Firm

Dentons on Tuesday announced plans to combine with Durham Jones & Pinegar, a Salt Lake City-based law firm with nearly 100 lawyers, after the firms worked out a deal amid the global pandemic using virtual tools Dentons' global chairman Joseph Andrew says actually improved the deal-making process.

Read full article »

Thomson Reuters Pans Legal Startup's Bid To Ax IP Suit

Thomson Reuters and West Publishing accused ROSS Intelligence on Monday of ignoring the heart of their federal suit in Delaware alleging ROSS infringed Westlaw copyrights and interfered with a former user's contract in order to hijack protected content.

Read full article »

Ex-Baker Botts, Akin Gump Attys Launch Houston Boutique

A trio of former partners from Baker Botts LLP and Akin Gump Strauss Hauer & Feld LLP have joined forces to launch a new litigation boutique in Houston, focused on commercial disputes, transactions and intellectual property cases.

Read full article »

Coronavirus Regulations: A State-By-State Week In Review

Financial relief from public and private sources poured in over the past week for multiple populations impacted by the COVID-19 pandemic, including Delaware and New Jersey renters, Garden State landlords and small businesses, and California small businesses.

Read full article »

Fears Of Virus And Distracted Jury Won't Stop Asbestos Trial

A California judge declined Tuesday to postpone an impending San Francisco jury trial in an asbestos suit against Honeywell International and others, overruling defense attorneys' concerns that in-person trials amid the COVID-19 pandemic are unsafe and that remote jurors can be inattentive as they juggle home life and jury service.

Read full article »

Calif. Atty Sues State Bar Over Discipline For Gender Remarks

A California attorney who was called out last year for seemingly misogynistic and homophobic remarks sued the state bar on Tuesday in federal court, arguing that disciplinary proceedings related to the incident would violate his constitutional rights.

Read full article »

Search full listings or advertise your job opening
Law360 Rising Stars


Akin Gump

Baker Botts

Brayton Purcell

Cadwalader Wickersham

Cohen & Grigsby

Cravath Swaine

Crowell & Moring


Durham Jones

Eversheds Sutherland

Giatras Law Firm

Gibson Dunn

Goldstein & Russell

Kazerouni Law Group

Keker Van Nest & Peters

Kelley Drye

Kilpatrick Townsend

Kirkland & Ellis

Locke Lord

Lutz Bobo

Manning Gross

McDermott Will

Morgan Lewis

Morris Nichols

Paul LLP

Paul Weiss

Paulson & Nace

Porter Wright

Potter Anderson

Robins Kaplan

Sivyer Barlow

Venable LLP

Waters Kraus

Wilson Elser

Wilson Sonsini


American Bar Association

Apple Inc.


BBB National Programs Inc.

BJ's Wholesale Club, Inc.

British Broadcasting Corp.

CareFirst BlueCross BlueShield

Clif Bar & Co.

Competitive Enterprise Institute

DISH Network Corp.

Daimler AG

Duracell Inc.

Energizer Holdings Inc.

Ericsson Inc.

Facebook Inc.

First Premier Bank

Fitbit Inc.

Gage Cannabis Co.

Goodyear Tire & Rubber Co.

Google Inc.

Honeywell International Inc.

Houston Astros

Instagram Inc.

Intel Corp.

Kind LLC

Kronos Inc.

LexisNexis Group

New York City Bar Association

Ohio State University

Parabellum Capital LLC


Recreational Equipment Inc.

Regents of the University of California

Ritz-Carlton Company LLC

Spokeo Inc.

State Bar of California

Stop & Shop Supermarket Co.

The DIRECTV Group, Inc.

Thomson Reuters Corp.

Walgreens Co.


Congressional Budget Office

Consumer Financial Protection Bureau

European Commission

Federal Communications Commission

Federal Trade Commission

Food and Drug Administration

Illinois Supreme Court

New York Attorney General's Office

Pennsylvania Department of Health

Port Authority of New York & New Jersey

U.S. Copyright Office

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. Department of Defense

U.S. Department of Energy

U.S. Department of Health and Human Services

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. District Court for the Central District of California

U.S. District Court for the Central District of Illinois

U.S. District Court for the District of Delaware

U.S. District Court for the District of Massachusetts

U.S. District Court for the District of Minnesota

U.S. District Court for the Middle District of Florida

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Southern District of New York

U.S. Environmental Protection Agency

U.S. Supreme Court

United States District Court for the District of Vermont

United States District Court for the Northern District of Ohio