Consumer Protection

  • February 28, 2024

    BASF Says Insurers Owe Coverage For PFAS Suits

    Major chemical manufacturer BASF Corp. told a South Carolina court Wednesday that 23 insurers should cover thousands of lawsuits that alleged a chemical the company produced for firefighting foam caused pollution and injuries.

  • February 28, 2024

    Novant In-House Attys Want Access To Confidential FTC Info

    Novant Health has asked to tweak a protective order in the Federal Trade Commission's merger challenge regarding its $320 million plan to buy two hospitals in North Carolina, saying the current order designates nearly the entire investigative file confidential and is "unworkable."

  • February 28, 2024

    Biden Moves To Halt Flow Of American Data To China, Others

    The White House moved Wednesday to block data brokers and other companies from providing China, Russia and other foreign adversaries with troves of sensitive personal data about Americans that can be used to carry out nefarious activities such as surveillance and blackmail. 

  • February 27, 2024

    Bankman-Fried Urges No More Than 6.5 Years For FTX Fraud

    FTX founder Sam Bankman-Fried asked a Manhattan federal judge late Tuesday for a sentence that releases him "promptly" after his conviction for stealing billions from customers of the now-collapsed crypto exchange, arguing that federal sentencing guidelines recommend no more than six-and-a-half years in prison.

  • February 27, 2024

    Justices Skeptical Of Workability In BofA Preemption Fight

    The U.S. Supreme Court appeared hesitant Tuesday to side with consumers who say that Bank of America and other national banks can't claim exemption from state laws in court without first proving "significant" interference from them, signaling practical concerns about what reversing a contrary Second Circuit decision could entail.

  • February 27, 2024

    TaxAct Filers Ink $23M Deal Over Meta, Google Info Sharing

    TaxAct Inc. customers have asked a California federal judge to greenlight a settlement they say is worth more than $23 million and would resolve class claims accusing the tax preparation company of secretly sharing confidential taxpayer information with Meta Platforms Inc. and Google.

  • February 27, 2024

    Ohio, Google Trade Barbs Over 'Common Carrier' Designation

    Google and the state of Ohio have taken aim at each other's dueling motions for summary judgment in a case seeking to have the tech titan's search engine declared a common carrier under state law for the purposes of antitrust regulation.

  • February 27, 2024

    Energy Dept. Awards $45M For Tech That Stops Cyberattacks

    The U.S. Department of Energy said it is awarding $45 million to industry stakeholders and academic projects that look to reduce cybersecurity threats and help protect systems within the nation's power grid against cyberattacks.

  • February 27, 2024

    J&J's CMO Says He Would've Pulled Talc If It Caused Cancer

    The chief medical officer at Johnson & Johnson told jurors Tuesday that his department's review of the scientific literature showed no link between baby powder use and ovarian cancer, saying he would have pulled the product from shelves if they'd found a link.

  • February 27, 2024

    Hot Spot Co., Investors Ask Court To Reconsider $2.4M Deal

    Wireless equipment maker Franklin Wireless Corp. and its investors have again asked a California federal judge to approve their $2.4 million deal to end a lawsuit accusing the company of concealing defects in lithium-ion batteries, saying their revised deal would pay investors $350,000 more than the version the judge rejected last month.

  • February 27, 2024

    Defense Dept. Looks To Shake Firefighting Foam MDL Claims

    The U.S. Department of Defense on Monday asked a South Carolina federal judge to free it from claims in sprawling multidistrict litigation that its use of forever chemical-containing firefighting foam contaminated drinking water near its facilities.

  • February 27, 2024

    Employers Must Battle AI Bias, Fisher Phillips' AI Chief Says

    Employers embracing artificial intelligence and machine learning tools to automate time-consuming tasks, such as screening resumes and conducting interviews, must ensure those tools don't engage in "algorithm drift" that results in improper bias, which could put a company on the hook legally and ruin its brand reputation, says David Walton, chair of Fisher Phillips' artificial intelligence team.

  • February 27, 2024

    $11M Meat Co. Deals Get Early OK In Colo. Wage Fixing Suit

    A Colorado federal judge Tuesday gave initial approval to class settlements with two meat producers and a consulting company, requiring $11.25 million in payments to resolve claims that they participated in a nationwide scheme to fix and depress wages for meat plant workers.

  • February 27, 2024

    FTC Puts Labor Focus In Merger Basket For 1st Time

    Higher consumer prices and reduced choice are no longer the only reasons the Federal Trade Commission will challenge mergers after the agency contested Kroger's planned $24.6 billion purchase of Albertsons based in part, for the first time ever, on allegations the deal will reduce competition for employees.

  • February 27, 2024

    GM Calls Auto Parts Co.'s Raid Conspiracy Claim 'Delusional'

    General Motors argued Monday that a Michigan federal judge should toss "delusional" counterclaims from an aftermarket auto parts company in a suit that claims the company is selling replica parts with no license, saying accusations the auto giant lied to spark a government raid are "facially implausible."

  • February 27, 2024

    Consumers Ask 9th Circ. To Revive Qualcomm Antitrust Case

    Cellphone buyers are hoping to revive their beleaguered antitrust case accusing Qualcomm of illegal tying schemes to inflate the price of their chips, telling the Ninth Circuit in their new opening brief to reverse the district court's ruling from September or, at a minimum, toss it to the California Supreme Court to decide whether their state law claims are viable.

  • February 27, 2024

    Passenger Rips United's Bid To Dump Sustainable Fuels Suit

    United Airlines can't hide behind federal statute to escape state fraud claims that it deceptively marketed its use of sustainable aviation fuels and its plans to be green and carbon-neutral, a customer suing the company told a Maryland federal judge Monday.

  • February 27, 2024

    NJ Investment Adviser Indicted In $5M Financing Fee Scheme

    A New Jersey investment adviser has been charged with fraudulently collecting millions of dollars in fees from people seeking funding for commercial projects and misappropriating at least $800,000 for his own personal benefit, the U.S. Attorney's Office for the District of New Jersey said in an indictment filed on Tuesday.

  • February 27, 2024

    Fintech Co. Chime Fined $2.5M Over Customer Service Gripes

    Fintech company Chime will pay $2.5 million to resolve claims that it handled customer complaints in an untimely and unfair manner over three months in 2021 and will ensure customer service support 24 hours a day, seven days a week, the California Department of Financial Protection and Innovation announced Tuesday.

  • February 27, 2024

    FCC OKs T-Mobile's 2.5 GHz Licenses Over AT&T Objection

    The Federal Communications Commission on Tuesday signed off, over an objection from AT&T, on a raft of new T-Mobile licenses in the 2.5 gigahertz spectrum band with the condition that T-Mobile divest some spectrum holdings in Hawaii.

  • February 27, 2024

    10th Circ. Backs FDA E-Cigarettes Marketing Denial

    The Tenth Circuit on Tuesday upheld the U.S. Food and Drug Administration's denials of two companies' applications to market flavored e-cigarettes, rejecting their argument that the agency secretly planned to reject any applications without long-term studies.

  • February 27, 2024

    Conn. Mortgage Biz Rips 'Maximalist' CFPB Licensing Stance

    Shuttered East Hartford mortgage company 1st Alliance Lending LLC and its co-owners have argued a Connecticut federal court should throw out the U.S. Consumer Financial Protection Bureau's claims that they deceived borrowers by letting unlicensed consultants create and manage their loans, asserting that the agency's "maximalist position" goes beyond the law.

  • February 27, 2024

    Make Sure Net Neutrality Covers Wholesale Service, FCC Told

    The Federal Communications Commission needs to ensure wholesale broadband access services are covered by net neutrality rules the commission is expected to adopt soon, a trade group for competitive networks told the agency Monday.

  • February 27, 2024

    Anesthesia Group Settles Colo. AG's Monopoly Claims

    U.S. Anesthesia Partners has said it would cede control of deals with several Colorado hospitals and pay $200,000 in legal fees to settle the state attorney general's allegations that the practice group had anti-competitive control of the market. 

  • February 27, 2024

    Altice Unit Can't Force Bill Padding Claims To Arbitration Yet

    A West Virginia federal judge is keeping a proposed class action accusing Altice subsidiary Optimum of illegal bill-padding in his courtroom for now, denying the company's motion to compel arbitration after the customers amended their complaint and voided all but one named plaintiff.

Expert Analysis

  • Understanding SEC's Focus Amid Lack Of Final AI Rules

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    Although the U.S. Securities and Exchange Commission's proposed rules to govern artificial intelligence are likely far from being finalized, understanding existing regulatory provisions that could address AI risks with respect to development, disclosure, compliance and data protection could help firms anticipate and avoid pitfalls, say attorneys at Skadden.

  • Legislative And Litigation Trends In Environmental Advertising

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    Companies that tout their products' environmental benefits can significantly reduce the risk that they will face allegations of greenwashing by staying up to date on related Federal Trade Commission guidance, state requirements and litigation trends, say Raqiyyah Pippins and Kelsie Sicinski at Arnold & Porter.

  • What's On The Horizon In Attorney General Enforcement

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    A look at recent attorney general actions, especially in the areas of antitrust and artificial intelligence, can help inform businesses on what they should expect in terms of enforcement trends as 10 attorney general races play out in 2024, say attorneys at Cozen O'Connor.

  • Considering The Logical Extremes Of Your Legal Argument

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    Recent oral arguments in the federal election interference case against former President Donald Trump highlighted the age-old technique of extending an argument to its logical limit — a principle that is still important for attorneys to consider in preparing their cases, says Reuben Guttman at Guttman Buschner.

  • Reducing The Risk Of PFAS False Advertising Class Actions

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    A wave of class actions continues to pummel products that allegedly contain per- or polyfluoroalkyl substances, with plaintiffs challenging advertising that they say misleads consumers by implying an absence of PFAS — but there are steps companies can take to minimize risk, say attorneys at Keller and Heckman.

  • CFPB Overdraft Rule Could Mean Big Shift In Banking Biz

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    The Consumer Financial Protection Bureau has proposed "to close a longstanding loophole" in the Truth in Lending Act by changing how it regulates overdraft fees, but underneath the headline-grabbing proposal is a foundational shift in how the bureau views overdraft services, say attorneys at Katten.

  • Storytelling Strategies To Defuse Courtroom Conspiracies

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    Misinformation continues to proliferate in all sectors of society, including in the courtroom, as jurors try to fill in the gaps of incomplete trial narratives — underscoring the need for attorneys to tell a complete, consistent and credible story before and during trial, says David Metz at IMS Legal Strategies.

  • Navigating The FCC's Rules On AI-Generated Robocall Voices

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    The Federal Communications Commission's declaratory ruling issued last week extends the agency's regulatory reach under the Telephone Consumer Protection Act to calls that use artificial intelligence technology to generate voices, laying out a compliance roadmap, but not making AI-cloned voices in robocalls illegal per se, say attorneys at Wiley Rein.

  • Aviation Watch: 737 Max Blowout Raises Major Safety Issues

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    The sudden in-flight loss of a side panel on an Alaska Air 737-9 Max last month, leaving a gaping hole in the side of the plane's cabin, highlighted ongoing quality issues at Boeing, the jet's manufacturer — but the failure also arose from decisions made by the airline, says Alan Hoffman, a retired attorney and aviation expert.

  • Mass Arb. Rule Changes May Be A Hindrance For Consumers

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    The American Arbitration Association's recent changes to its mass arbitration supplementary rules and fee schedule, including a shift from filing fees to initiation and per-case fees, may reduce consumers' ability to counteract businesses' mandatory arbitration agreements, say Eduard Korsinsky and Alexander Krot at Levi & Korsinsky.

  • 3 Principles For Minimizing The Risk Of A Nuclear Verdict

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    In one of the latest examples of so-called nuclear verdicts, a single plaintiff was awarded $2.25 billion in a jury trial against Monsanto — revealing the need for defense attorneys to prioritize trust, connection and simplicity when communicating with modern juries, say Jenny Hergenrother and Mia Falzarano at Alston & Bird.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • Freight Forwarders And Common Carriers: Know Your Cargo

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    Freight forwarders and other nonprincipal parties involved in global cargo movement should follow the guidance in the multi-agency know-your-cargo compliance note to avoid enforcement actions should they fail to spot evasive tactics used in supply chains to circumvent U.S. sanctions and export controls, say attorneys at Venable.

  • Debt Collector Compliance Takeaways From An FDCPA Appeal

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    A Consumer Financial Protection Bureau amicus brief last month in an ongoing First Circuit appeal focusing on an interpretation of the Fair Debt Collection Practices Act can serve as a reminder for debt collectors to understand how their technologies, like bankruptcy scrubs and letter logic, can prevent litigation, says Justin Bradley at Womble Bond.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

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