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Consumer Protection

  • October 16, 2018

    Facebook Users Say Consent Wasn't Informed In Privacy Row

    A proposed class of Facebook users urged the Ninth Circuit on Tuesday to revive their suit alleging the social media giant illegally scraped information about their visits to medical websites, saying their consent to the company’s terms was meaningless because they’d relied on its promise that “privacy is important to us.”

  • October 16, 2018

    Ex-Equifax Engineer Gets House Arrest For Insider Trading

    A former Equifax Inc. software development manager who pled guilty over the summer to making a nearly $76,000 profit on inside knowledge of the credit reporting giant's headline-grabbing data breach was sentenced in Georgia federal court on Tuesday to eight months of home confinement.

  • October 16, 2018

    Viacom Can't Arbitrate Kids' Data Privacy Row, Judge Says

    A California federal judge has shot down Viacom's bid to send to arbitration a proposed class action accusing it of unlawfully collecting and selling personal information belonging to children who used one of its mobile apps, ruling that there was no evidence that the users had ever seen or agreed to the arbitration requirement.

  • October 16, 2018

    Navy Federal To Shell Out $24.5M To End Overdraft Action

    Navy Federal Credit Union has agreed to pay more than $24.5 million to end claims by a proposed class that the organization unfairly charges "Optional Overdraft Protection Fees," according to a motion for preliminary approval filed in California federal court.

  • October 16, 2018

    Dental Suppliers Told Reps Not To Sell To Buying Co-Ops: FTC

    Federal Trade Commission staffers told an agency administrative law judge Tuesday that the country’s three dominant dental supply companies colluded by explicitly instructing their sales representatives not to offer discounts to buying groups.

  • October 16, 2018

    Sens. Urge FTC To Take Harder Line On 'Made In USA' Labels

    Three Senate Democrats have sent a letter to the Federal Trade Commission urging it to fully enforce its “Made in the USA” labeling standards in the wake of recent agency decisions to settle with companies that allegedly marketed foreign-made goods as domestically produced.

  • October 16, 2018

    Google To Charge Phone Makers For Apps After EU Fine

    Google Inc. said Tuesday that it would begin to charge device manufacturers for some of its apps as the company fights a €4.34 billion ($5.04 billion) fine over licensing practices for its Android operating system that the European Union's competition enforcer has deemed abusive. 

  • October 16, 2018

    Immigration Center Pays $2M To Settle Gov't Imposter Claim

    Forms Direct Inc., an immigration forms supplier, agreed to pay the Federal Trade Commission $2.2 million Monday to settle claims that the company falsely implied it was connected with U.S. Citizenship and Immigration Services.

  • October 16, 2018

    Seattle Mariners Stadium Accused Of Excluding Disabled Fans

    The Seattle Mariners and Washington's state stadium authority are facing a federal suit from four fans who use wheelchairs, who claim the wheelchair seating in the team’s stadium is subpar and the public areas don’t meet accessibility standards.

  • October 16, 2018

    Attys Get $4.3M In Fees In $17M HIV Disclosure Settlement

    A Pennsylvania federal judge has granted final approval to Aetna Inc.’s $17 million deal to settle claims the managed health care giant wrongly disclosed patients’ HIV-related information and also awarded more than $4.3 million in fees and cost reimbursements for the patients’ attorneys.

  • October 16, 2018

    Race-Blind Admissions Harm Students, Harvard Dean Testifies

    Harvard's longtime dean of admissions testified that a study by the university's own expert shows eliminating race from the student application process would result in more Asian-American students being admitted — but would lessen the quality of their education — as testimony continued Tuesday in the closely watched Boston bench trial.

  • October 16, 2018

    Class Aims For Cert. In Wyndham Hidden Resort Fees Suit

    A consumer suing two Wyndham companies for allegedly sneaking hidden “resort fees” into the cost of hotel rooms asked a Pennsylvania federal court for class certification, arguing that the class faces common questions of law and certification is the best way to move the suit forward. 

  • October 16, 2018

    The Path To Becoming A Supreme Court Advocate

    A look at the careers of attorneys who have dominated oral advocacy at the U.S. Supreme Court over the last decade shows a similar path for men and women, with a few key differences. Here’s how the top 10 male and female advocates stack up. (This article is part of a series examining the gender gap among high court advocates.)

  • October 16, 2018

    Debt Collector's Attys Warned Over Bid To Ditch FDCPA Suit

    A Florida federal judge on Monday denied Simm Associates' bid to dismiss a proposed class action claiming Fair Debt Collection Practices Act violations for charging excessive fees and warned the debt collector's counsel over a lack of candor in the cases they cited.

  • October 16, 2018

    VW Can't Duck Court Rules In Robocall Suit, Class Says

    A certified class of Volkswagen owners suing over robocalls has urged a California federal court not to bend its rule restricting parties to only one summary judgment motion, saying the German automaker already wasted its only chance.

  • October 16, 2018

    Audi Fined $925M In Germany Over Diesel Emissions

    German authorities on Tuesday hit Volkswagen’s luxury division, Audi AG, with a $925 million fine for selling cars rigged to pass emissions tests despite their emissions being higher than allowable standards.

  • October 15, 2018

    Anthem To Settle Health Care Data Breach For Record $16M

    Anthem Inc. will pay U.S. health officials a record $16 million to settle alleged privacy violations stemming from the largest health care cyberattack in U.S. history, which exposed the personal information of some 79 million people, the U.S. Department of Health and Human Services said Monday. 

  • October 15, 2018

    Gender Disparity At The High Court: How Top Law Firms Measure Up

    For the women at elite law firms, an enduring gender gap among advocates can create a high hurdle for their high court ambitions. Here, Law360 looks at the law firms where women score Supreme Court arguments, and where they don’t. (This article is part of a series examining the gender gap among high court advocates.)

  • October 15, 2018

    Google Sued For Not Telling Investors About March Data Leak

    Google's failure to disclose in at least two federal securities filings a March data leak that came to light last week deceived the investing public and caused the tech giant's shares to be traded at artificially inflated prices for months, according to a proposed shareholder class action filed in California federal court. 

  • October 15, 2018

    Payday Lenders Seek Quick Win In 'Choke Point' Suit

    Payday lenders suing the Federal Deposit Insurance Corp. and Office of the Comptroller of the Currency over their purported roles in a program called Operation Choke Point have urged a D.C. federal judge to rule that their due process rights have been violated and put an end to the agencies’ alleged efforts to cut off their access to the banking system.

Expert Analysis

  • A Holistic Approach To Client Retention

    Dan Tacone

    In an era when law firms are fighting for business and clients can dictate the terms of the relationship, "value" has become a moving target. Firms that take a proactive approach by using strategies designed to articulate value over time will gain the competitive advantage, says Dan Tacone at Intapp Inc.

  • Q&A

    A Chat With Allens Pricing Chief Pier D'Angelo

    Pier D'Angelo

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Pier D'Angelo, chief pricing and practice officer at Allens.

  • Data Privacy Vs. Cybersecurity At Your Company

    Scott Warren

    ​Which is more important — data privacy or cybersecurity? ​M​ost in-house counsel know the answer depends on which receives the limited available compliance budget.​ But companies should think about the issue from a broader trade secret perspective, says Scott Warren of Squire Patton Boggs LLP.

  • Class Arbitrability Questions After 11th Circ. JPay Ruling

    Gilbert Samberg

    One may ask whether the Eleventh Circuit’s recent decision in JPay v. Kobel correctly addressed the issue of “clear and unmistakable” consent when it comes to the delegation of class arbitrability. However, with respect to many class arbitration-related matters, a second issue looms, says Gilbert Samberg of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • What Financial Cos. Can Expect If Democrats Win House

    Aaron Cutler

    It is widely expected that Democrats will take control of the House in the midterm elections, and a Democratic House Financial Services Committee will likely launch a broad range of investigations, particularly relating to consumer-facing issues, say attorneys with Hogan Lovells.

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

  • Why Tofurky Has A Beef With Missouri's Meat Labeling Law

    James Lawrence

    Missouri recently became the first state in the union to enact a ban on labeling products as “meat” unless they are “derived from harvested product livestock or poultry.” But the company that makes Tofurky has already filed suit in federal court to challenge the new law's constitutionality, says James Lawrence of Michael Best & Friedrich LLP.

  • Opinion

    The Supreme Court Should Become Boring

    Alexander Klein

    In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.

  • Is CFPB Curtailing Its Own Supervisory Authority?

    Keith Bradley

    The Consumer Financial Protection Bureau recently announced plans to stop conducting supervisory examinations for violations of the Military Lending Act. The broader implications of this decision could lead to company push back on a wide range of supervisory activity by the CPFB, says Keith Bradley of Squire Patton Boggs LLP.

  • Q&A

    Back To School: BC's Kent Greenfield Talks Corporate Law

    Kent Greenfield

    In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.