Consumer Protection

  • February 20, 2024

    Apple Asks For Discovery Pause During Class Cert. Appeal

    Apple is urging a California federal judge to halt discovery in a sweeping App Store antitrust suit while the company appeals the class certification granted earlier this month.

  • February 20, 2024

    DirecTV Slams Studies Showing No 12 GHz Interference

    DirecTV is defending its supremacy in the 12 gigahertz band, pushing back against analysis showing that terrestrial 5G use of the band wouldn't lead to interference in a new filing with the Federal Communications Commission.

  • February 20, 2024

    Judge Says He'll Mull $10M Fine For Racist Robocaller

    An Idaho white supremacist has been found liable by a Montana federal court for sending out thousands of racist robocalls in an attempt to sway public opinion against Black and Jewish political candidates, with a fine that could top $10 million to follow.

  • February 20, 2024

    FCC Urged To Revisit Caps On Duplicate FM Broadcasts

    Musicians and small radio stations are pressuring the Federal Communications Commission to reinstate limits scrapped three years ago on FM stations airing duplicate content, but face pushback from the broadcast lobby.

  • February 20, 2024

    How Future Litigators Are Training In A 'Flight Simulator'

    Law students who would traditionally experience only a few courtroom scenarios over a semester have begun working with programs that can provide an entire array of courtroom curveballs, thanks to large language model artificial intelligence technology.

  • February 20, 2024

    Skipped Hearing Sinks Conn. Pot Store Fight, Court Told  

    A lawsuit seeking to revoke the approval of a cannabis retail permit in Stamford, Connecticut, cannot proceed because a coalition of anti-pot taxpayers followed the wrong process by skipping a public hearing and suing instead, the city's counsel told a state judge during an oral argument on Tuesday.

  • February 20, 2024

    Ill. Judge Scolds Defense Attys On Discovery: 'This Is Insanity'

    A Cook County judge trimmed a lawsuit Tuesday brought by investors alleging financial mismanagement of the firm behind celebrated Chicago restaurant Maple & Ash, but lambasted defense counsel for dragging out discovery, saying she was "flabbergasted" that they left out information in discovery responses that she ordered them to include late last year.

  • February 20, 2024

    DOJ Could See The Bright Side Of $35.3B Capital One Deal

    Despite the sticker shock of Capital One's $35.3 billion deal to acquire Discover Financial Services, experts believe it will ultimately be approved by the U.S. Department of Justice, which for years has placed its antitrust microscope over the larger players in the credit card space. 

  • February 20, 2024

    Trivest Can Seek 6th Circ. Review Of RICO Jurisdiction Ruling

    A Michigan federal judge will allow a Florida-based private equity firm to appeal a decision denying its bid to escape a Racketeer Influenced and Corrupt Organizations Act lawsuit scrutinizing its funding of a solar company accused of scamming customers.

  • February 20, 2024

    Binance, Prosecutors Urge Court To Affirm $4.3B Penalty

    Binance Holdings Ltd. and federal prosecutors have called on a Washington federal court to confirm a historic $4.3 billion penalty, including a $1.8 billion criminal fine and a $2.5 billion forfeiture, that the crypto exchange agreed to pay last fall when admitting to a series of banking and sanctions violations.  

  • February 20, 2024

    Policyholder Attys Say Firm's Mailer Row Merits Coverage

    The North Carolina Supreme Court will hear arguments Wednesday over whether a law firm accused of violating the Driver's Privacy Protection Act by using personal information to market legal services to crash victims is entitled to coverage under an excess policy, as policyholder attorneys anticipate a win for the firm. Here, Law360 breaks down the case in advance of the hearing.

  • February 20, 2024

    Fox Rothschild AI Chief Talks 'Terrifying' Deepfakes, Biased AI

    Mark McCreary, the chief artificial intelligence and information security officer at Fox Rothschild, leads his firm's internal AI strategy and provides counsel to other law firms trying to bushwhack their path through the often murky AI legal landscape, rife with hallucinated case law citations and disturbingly real deepfakes.

  • February 20, 2024

    Epic Calls Apple's $73M Fees Bid An Overreach

    Epic Games blasted Apple on Friday for seeking $73.4 million in legal fees following the pair's California federal court antitrust battle over App Store payment fees, arguing that antitrust claims like Epic's are immune from legal fees and that Apple cannot wrap its demands in successful contract breach counterclaims.

  • February 20, 2024

    Girardi Keese Trustee Recovers $1.8M In Fees For Exide Case

    A U.S. bankruptcy judge on Tuesday approved an agreement between the Girardi Keese bankruptcy trustee, a former attorney for the firm and the Mandell Law Firm to end an adversary proceeding connected to $1.8 million in attorney fees from a lawsuit over the toxic Exide battery plant in Vernon, California.

  • February 20, 2024

    Justices Give Feds Time In Texas, Fla. Social Media Law Fights

    The U.S. Supreme Court has set aside time for the federal government to weigh in on looming oral arguments in cases to determine the constitutionality of controversial Texas and Florida laws that restrict social media companies' ability to curb users' speech.

  • February 20, 2024

    FCC Panel To Focus On AI's Consumer Impact

    The Federal Communications Commission set a consumer advisory panel back into motion Tuesday, with the impact of artificial intelligence on the telecom industry as a top priority.

  • February 20, 2024

    Fiji Water Microplastics Suit Heads To Illinois Federal Court

    The Wonderful Company LLC has removed to Illinois federal court a proposed false advertising class action accusing it of misleading consumers by labeling its Fiji Water as "natural artisan water" while knowing it contained microplastics.

  • February 16, 2024

    Old Rules Face New Risks As Justices Hear Truck Stop's Case

    A North Dakota truck stop's long-haul quest to save on bank card fees reaches the U.S. Supreme Court on Tuesday in a case that could hand businesses a double-edged sword with which to hack away at even decades-old regulations.

  • February 16, 2024

    Bid To Ax Calif. Kids' Digital Safety Law Gets Diverse Backing

    The U.S. Chamber of Commerce, the American Civil Liberties Union, more than a dozen media organizations and a slew of other business and consumer advocacy groups are urging the Ninth Circuit to preserve a ruling temporarily halting a new California law that requires social media platforms to bolster their privacy protections for children.

  • February 16, 2024

    Unshackled Calif. Privacy Agency To Bring Enforcement Heat

    California's privacy regulator is expected to not waste any time responding to a recent ruling that cleared the way for the fledgling agency to begin immediately enforcing the rules it's crafted under the state's data protection law, making it vital for businesses and employers to adjust their compliance efforts to meet the accelerated timeline. 

  • February 16, 2024

    State Farm 'Bad Deal' Can't Save Policyholders' Suit

    The Tenth Circuit on Friday refused to revive a proposed class action accusing State Farm of illegally denying full uninsured motorist coverage for policyholders, relatives and passengers, saying that the insurer may have sold them a "bad deal" but that they agreed to it.

  • February 16, 2024

    FCC Needs Enforcement Ombudsman, Ex-Agency Atty Says

    The Federal Communications Commission should consider a wide range of enforcement-related reforms, including creating an ombudsman's office to help companies navigate disputes that crop up during FCC investigations, a former agency general counsel has argued in a new industry-backed paper.

  • February 16, 2024

    Mayer Brown Denies Knowing Of 'Disturbing' Flint PR Effort

    A Mayer Brown LLP partner representing Veolia North America, the water engineering firm facing negligence claims from children exposed to lead in Flint, Michigan, told a Michigan federal judge Friday that his team didn't know about Veolia's public relations campaign disparaging the children's counsel, a campaign the judge labeled a "disturbing development."

  • February 16, 2024

    Samsung Ordered To Arbitrate Hundreds Of BIPA Claims

    An Illinois federal judge has ordered Samsung Electronics to arbitrate 806 customers' biometric-privacy claims and to pay the American Arbitration Association for fees it owes in the slew of disputes, ruling that the company can't refuse to arbitrate under its own binding agreements.

  • February 16, 2024

    Judge Seeks Briefing On New Expert Proposed In Tylenol MDL

    U.S. District Judge Denise Cote signaled Friday that she's willing to consider a new expert witness proposed in the multidistrict litigation alleging prenatal exposure to acetaminophen causes ADHD, directing the parties to propose a briefing schedule on whether the expert's opinion is admissible.

Expert Analysis

  • What To Know About FCA Cybersecurity Enforcement

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    Now is a good time for practitioners, government contractors and potential relators to review recent developments in cybersecurity-related False Claims Act enforcement, and consider best practices for navigating this space in the new year, say Ellen London at London & Stout, and Li Yu and Molly Knobler at DiCello Levitt.

  • 8 Privacy Law Predictions For 2024

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    As the new year begins, looking back to several of last year's privacy law developments may help companies forecast what to focus on when updating their privacy programs, including children's privacy, so-called dark patterns and the collection of data by connected cars, say attorneys at Sheppard Mullin.

  • What One Litigator Learned Serving On A Jury

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    Kilpatrick attorney April Isaacson shares insights for trial lawyers from her recent experience serving on a jury for the first time, including lessons about the impact of frequent sidebars, considerations for using demonstratives, the importance of clear jury instructions, and the unconscious habits that can drive jurors mad.

  • Calif. Banking Brief: All The Notable Legal Updates In Q4

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    As 2023 came to an end, we continued to see developments in California that are certain to have an impact on the financial services industry in 2024, including the California Department of Financial Protection and Innovation's request for comments on the state's new digital asset law and the state's continued enforcement actions against debt collectors, say Jennifer Olivestone and Juan Azel at Winston & Strawn.

  • 4 Legal Ethics Considerations For The New Year

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    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

  • FTC Rite Aid Order Holds Biometrics And AI Compliance Tips

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    The Federal Trade Commission's recent enforcement action against Rite Aid over its use of facial biometric technology on customers provides lessons that can be leveraged to reduce and manage the risk of regulatory scrutiny of biometrics and artificial intelligence, says David Oberly at Baker Donelson.

  • What Brands Need To Know About Consumer Reviews In 2024

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    Testimonials, endorsements and consumer reviews have been on the Federal Trade Commission's radar for years — and since this evolving area will continue to be an enforcement priority in 2024, now is the time to ensure your house is in order, say attorneys at Crowell & Moring.

  • Series

    In The CFPB Playbook: Rulemaking Rush Before Election Year

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    In this quarterly Consumer Financial Protection Bureau activity recap by former bureau personnel, attorneys at McGuireWoods explain the regulator's recent push to finalize new rules about data aggregators, digital payment apps and more before the election-year Congressional Review Act window opens.

  • Ill. BIPA Ruling May Spark Violation-Of-Law Exclusion Fight

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    An Illinois appeals court's recent holding in National Fire Insurance v. Visual Pak that a violation-of-law exclusion didn't preclude coverage for an underlying Biometric Information Privacy Act suit contradicts an earlier Seventh Circuit decision that aligns with long-standing insurance law principles — which may lead the state's high court to weigh in, says Tae Andrews at Pasich.

  • Securities Question Stands After Contradicting Crypto Rulings

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    The debate about the regulation of crypto-assets came to a head in 2023 when two New York federal judges came to opposite conclusions about whether crypto-assets were securities by using the Howey test, highlighting the uncertainty facing the crypto industry as it seeks to resolve definitional questions, say attorneys at Ballard Spahr.

  • 5 Privacy And Cybersecurity Resolutions For 2024

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    In 2023, companies grappled with an unprecedented array of data privacy and cybersecurity challenges that are likely to continue in 2024, meaning businesses will be well-served to incorporate strategies, such as data governance and website configuration, into their compliance programs, say Steven Stransky at Thompson Hine and Violet Sullivan at Crum & Forster.

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • Compliance Risk After SEC Warning Against 'AI Washing'

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    The U.S. Securities and Exchange Commission has begun looking into the way public companies disclose how they use artificial intelligence to investors and it is likely to become an enforcement priority, meaning companies and their compliance programs should take steps now to avoid regulatory sanctions and shareholder lawsuits, say attorneys at Bracewell.

  • Shopify Ruling May Support Personal-Jurisdiction Defenses

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    Litigators, cybersecurity practitioners and web-based entities should all take note of the Ninth Circuit’s recent ruling in Briskin v. Shopify, as it could lend significant support to personal-jurisdiction defenses, but such entities should still consider how their operations might tie them to certain states, say John Gray and Patrick McCormick at Lewis Roca.

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