Consumer Protection

  • January 20, 2017

    Jimmy Choo To Pay $2.5M To Settle Receipt Data Privacy Row

    Luxury shoe brand Jimmy Choo has agreed to fork over $2.5 million to settle a proposed class action accusing it of putting consumers at risk of identity theft by printing sensitive data on credit card receipts, according to documents filed in Florida federal court Friday.

  • January 20, 2017

    JPMorgan Finalizes $53M Deal With Feds Over Mortgage Bias

    A JPMorgan Chase & Co. unit agreed to pay $53 million to settle the government’s claims it charged black and Hispanic customers more for their mortgages for three years after the housing crisis, according to a finalized deal filed in New York federal court Friday.

  • January 20, 2017

    FCRA Violation Props Up Horizon Breach Row, 3rd Circ. Says

    The Third Circuit on Friday revived a putative class action over a data breach at Horizon Healthcare, ruling in a published opinion that plaintiffs did not have to allege that their information had been misused but instead could rely on purported violations of the Fair Credit Reporting Act to establish standing. 

  • January 20, 2017

    Tribal Lenders Must Respond To CFPB Probe, 9th Circ. Says

    A Ninth Circuit panel on Friday affirmed a district court decision compelling three tribal lending entities to comply with civil investigative demands issued by the Consumer Financial Protection Bureau, holding that Congress didn’t expressly exclude from the bureau’s enforcement authority the tribes that told the entities not to respond to the demands.

  • January 20, 2017

    Home Depot Escapes Whirlpool Energy Star Label Row

    A New York federal judge on Thursday freed Home Depot from a lawsuit attempting to hold the company liable, as Whirlpool's agent, for selling washing machines that Whirlpool allegedly falsely labeled as energy-efficient, ultimately ruling any breach of warranty claims are not Home Depot’s fight.

  • January 20, 2017

    7th Circ. Nixes Time Warner Class' Appeal, Citing Spokeo

    The Seventh Circuit on Friday affirmed the dismissal of a Time Warner Cable Inc. subscriber’s proposed class action against the company for storing former customers’ personal information, saying the man had neither alleged nor offered any evidence of concrete harm, citing Spokeo.

  • January 20, 2017

    FCC’s Wheeler Signs Off With ‘Competition’ Mantra

    Departing Federal Communications Commission Chairman Tom Wheeler cast a final spotlight on the “competition, competition, competition” mantra that has been his theme in departing office Friday, stepping down from the agency to make way for Ajit Pai to be elevated to chairman.

  • January 20, 2017

    Face Scan Storage Not Actual Injury, Video Game Maker Says

    The maker of an NBA video game asked a New York federal judge on Friday to toss a putative class action claiming the company collected and retained facial scans of gamers because the players didn’t suffer any actual harm.

  • January 20, 2017

    Fiat Chrysler Investors Sue Over Emissions, Recall Missteps

    Fiat Chrysler investors on Thursday launched a proposed class action lawsuit in New York federal court accusing the automaker of inflating its stock price by making false statements related to the use of emissions software and failing to implement recalls and mandated safety compliance protocols.

  • January 20, 2017

    Amazon Demands Stay In FTC’s Unauthorized App Buy Suit

    Amazon.com Inc. on Thursday urged a Washington federal court to stay an order that the company notify any customers that may have been charged for unauthorized app purchases by their children, saying a recent appeal of the order from the Federal Trade Commission has thrown a the process off course.

  • January 20, 2017

    Debt Collector AllianceOne Can’t Duck Deception Claims

    A Pennsylvania federal judge rejected arguments Thursday that purportedly misleading claims in a debt collection letter sent by AllianceOne had not caused a concrete and particularized enough injury to support class claims leveled under the Fair Debt Collection Practices Act.

  • January 20, 2017

    Coin.mx Trial Date Slips After 'Disappointing' Gov't Tactic

    Prosecutors’ move to file new charges against New Jersey pastor Trevon Gross and Coin.mx operator Yuri Lebedev just over six weeks before their trial date was “disappointing” and “problematic,” a New York federal judge said Friday, but the defendants suspected of facilitating a bitcoin-fueled fraud won little relief as a result.

  • January 20, 2017

    FCC’s Pai To Be Named New Permanent Chairman Of Agency

    Republican Commissioner Ajit Pai of the Federal Communications Commission will be named its new permanent chairman, a former FCC official familiar with the matter confirmed Friday to Law360, elevating an Open Internet Order critic and launching a new era in telecom policymaking.

  • January 19, 2017

    Kushner Faces Opposition In Skipping Consumer Fraud Trial

    Nearly three dozen condominium owners called on a New Jersey state court Thursday to require President-elect Donald Trump's son-in-law, Jared Kushner, to testify at an upcoming trial over claims that his family's real estate firm and others deceived them into buying into a waterfront community that wasn't developed as proposed.

  • January 19, 2017

    Rolling Back Regulation In The Age Of Trump

    The incoming president’s plans to rein in the power of federal agencies will lead to uncertainty for lawyers and their clients as pending investigations and rulemaking are stopped in their tracks.

  • January 19, 2017

    Most Influential Judges On Trump’s Supreme Court Short List

    A new look at the potential U.S. Supreme Court nominees’ rulings reveals a ranking of judicial influence with some surprises at the top — and at the bottom.

  • January 19, 2017

    The Lawyer Who Will Shape Trump’s Presidency

    Jones Day’s Donald McGahn is stepping into the role of White House counsel, a powerful but little-understood position that has a strong history of impacting the president’s authority.

  • January 19, 2017

    In The Polarized Era Of Trump, BigLaw Searches For Balance

    The alignment of law firms with or against the new administration in legal battles to come could open rifts among attorneys and clients. But the publicity earned for taking on a potentially unpopular case could ultimately be worth any public fallout.

  • January 19, 2017

    Monsanto Can't Keep Ex-Atty Out Of Syngenta MDL

    A Kansas federal magistrate judge shot down Monsanto’s “implied request” to exclude its former longtime in-house attorney from serving as a witness in multidistrict litigation over Syngenta’s allegedly false promotion of genetically modified corn, holding Thursday that the deposition will go forward, but the company’s counsel can attend to object or advise the ex-employee.

  • January 19, 2017

    Microsoft, Gov't Tee Up For Hearing Over User Data Requests

    A Washington federal judge on Thursday told Microsoft and the U.S. government to be prepared to defend their positions on whether companies can assert Fourth Amendment claims on behalf of their customers, in a dispute over gag orders preventing service providers from informing customers of warrants for user data.

Expert Analysis

  • ConAgra Opinion May Repair Ascertainability Circuit Split

    Fred Taylor Isquith

    In its systematic, careful and Rule 23-specific opinion in Briseno v. ConAgra, the Ninth Circuit found a way to eviscerate the Third Circuit’s views on “ascertainability.” This important opinion may not end the debate, but it may engender new thinking from the Third and Fourth Circuits, says Fred Taylor Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • Decoding New FDA Nutrition And Supplement Facts Guidance

    Carolina M. Wirth

    In issuing new draft guidance concerning its nutrition and supplement facts labeling regulations, the U.S. Food and Drug Administration continues to fulfill its promise to provide food and dietary supplement companies with additional compliance guidance. The new document addresses questions on compliance dates, added sugars, and vitamin and mineral declarations, says Carolina Wirth of Kilpatrick Townsend & Stockton LLP.

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.

  • What Attorneys Need To Know About Calif. Elder Abuse Act

    Steven D. Wasserman

    As California's population continues to age and the elderly become a larger proportion of the population, ensuring their financial health will become an increasingly significant issue. California's Elder Abuse and Dependent Adult Civil Protection Act addresses those who neglect or intentionally take advantage of the elderly, but it also poses issues, risks and challenges for lawyers, says Steven Wasserman of Sedgwick LLP.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • Hip Implant Plaintiff Shows Early Bird May Not Get The Worm

    Rachel Weil

    A plaintiff in the Northern District of Ohio's hip implant multidistrict litigation opted out of the global settlement and fired his lawyers. When he later accepted the settlement, the court ordered him to pay the hefty attorneys' fee it specified. But as the appeals court held, the fee was not necessarily justified, says Rachel Weil of Reed Smith LLP.

  • 2017 Food And Beverage Industry Outlook: Part 2

    R. Trent Taylor

    The food and beverage industry is expected to see regulatory and legislative changes on multiple fronts in 2017. But industry observers also anticipate an active year in U.S. courts and in the boardrooms of domestic and international food and beverage companies, say attorneys at McGuireWoods LLP.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • Death Knell For The Telephone Consumer Protection Act

    Lewis S. Wiener

    The Telephone Consumer Protection Act is generally considered a popular, pro-consumer statute, but the law may be dramatically altered following power shifts in Congress and the Federal Communications Commission. It is increasingly likely that the TCPA will transform to address existing criticism and to reflect changes in technology since the law's passage in 1991, say attorneys from Sutherland Asbill & Brennan LLP.

  • FDA Adverse Event Data Release May Mean More Lawsuits

    Joanne Hawana

    The U.S. Food and Drug Administration recently announced the public release of data on adverse events related to cosmetics and foods. The data include reported negative reactions or complaints related to products, and do not indicate a determination of fault by the FDA. But the release could still lead to an increase in litigation, say Joanne Hawana and Daniel Herling of Mintz Levin Cohn Ferris Glovsky and Popeo PC.