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Consumer Protection

  • June 18, 2018

    Wells Fargo Must Face Oakland’s Trimmed Loan Bias Suit

    A California federal judge ruled Friday that Oakland can proceed with trimmed allegations that Wells Fargo steered minorities to pricey subprime loans that increased foreclosure rates, saying the city’s bid to sue over reduced property taxes passes muster under the U.S. Supreme Court’s Bank of America v. Miami decision.

  • June 18, 2018

    GCs Tackle Law Firm Culture In Diversity Push

    Following an American Bar Association pledge, in-house attorneys are taking a harder line in demanding diversity from their outside counsel, and they're seeking to play a larger role in the workings of the law firms they hire.

  • June 18, 2018

    The Hurdles Facing BigLaw’s Minority Women

    We asked BigLaw for data on female minority lawyers for the first time this year, and the results show an industry that is failing to attract and retain them. Here’s a look at the challenges facing these attorneys — and how a few firms are defying the norm.

  • June 18, 2018

    The Best Firms For Minority Equity Partners

    The legal industry is making sluggish gains when it comes to attracting and retaining attorneys of color, but this select group of firms is taking broader strides to diversify at the top.

  • June 18, 2018

    LabCorp Shakes HIPAA Suit Over Data Intake Station Setup

    A D.C. federal judge axed a suit that accused Laboratory Corporation of America of violating the Health Insurance Portability and Accountability Act by failing to adequately shield its computer intake stations from public view, finding that the plaintiff could not mount an action based solely on the federal health privacy law. 

  • June 18, 2018

    Kohl's Customer Can't Get Refund In Discount Suit: 9th Circ.

    The Ninth Circuit ruled Monday that Kohl’s doesn’t have to pay a customer restitution for placing allegedly false markdowns on its price tags, in an unpublished decision that had the appeals court weighing in on an issue that has divided California federal courts.

  • June 18, 2018

    CFPB Nominee Could Open Door To Lengthier Mulvaney Stay

    President Donald Trump's decision to tap Kathleen Kraninger, an official at the Office of Management and Budget, to become the next director of the Consumer Financial Protection Bureau could clear the way for the agency's current acting Director Mick Mulvaney to remain in charge into next year and possibly longer, experts said.

  • June 18, 2018

    Justices Won't Review Lumber Liquidators Shoppers' Suit

    Lumber Liquidators Inc. shoppers will not get another chance to revive their putative class action against the business over claims its invoices ran afoul of state consumer protection laws after the New Jersey Supreme Court declined to second-guess a lower court ruling upholding the suit’s dismissal.

  • June 18, 2018

    Lyft Says TCPA Suit Can't Tie It To Unwanted Texts

    Lyft Inc. sought Friday to drop off a proposed class action alleging it sent unwanted text messages in violation of the Telephone Consumer Protection Act, arguing in California federal court that the consumers hadn't even shown how Lyft itself was responsible for sending the messages.

  • June 18, 2018

    Ex-Calif. Restaurateur Gets Law Firms’ Retaliation Claim Axed

    A California federal judge has granted a former Fresno restaurant owner's bid to toss counterclaims that two law firms brought in her suit alleging they ran a racketeering scheme by filing bogus Americans with Disabilities Act lawsuits, ruling that she cannot be sued for retaliation under the ADA.

  • June 18, 2018

    Amazon Urged Not To Sell Face-Recognition Tool To Gov't

    Some Amazon Inc. investors joined privacy advocates Monday in pressing the tech giant to stop selling its real-time facial recognition tools to law enforcement, citing human rights concerns that could hurt the company's stock price and spawn lawsuits.

  • June 18, 2018

    Dr. Oz Reaches $5M Settlement Over 'Miracle' Diet Pills

    Television personality Dr. Mehmet Oz agreed to pay $5.25 million in California federal court Friday to settle a proposed class action alleging he misrepresented the effectiveness of weight-loss supplements.

  • June 18, 2018

    In Their Own Words: Minority Partners On Reaching The Top

    Despite decades of industrywide initiatives, movement up the ladder has stagnated for minority lawyers. Here, five industry success stories tell Law360 about the paths they took and what needs to change in BigLaw.

  • June 18, 2018

    Ally Financial Settles Contract Fee Fight For $20M

    Ally Financial Inc. will pay $19.7 million to end a putative class action alleging the bank holding company subjected vehicle buyers to extra fees not listed on their lease-to-own agreements, according to a settlement agreement filed Friday in Florida federal court.

  • June 18, 2018

    Fiat Investors Win Cert. In Emissions-Fraud Losses Suit

    A New York federal judge certified a class of Fiat Chrysler investors in a stock-drop suit alleging the automaker lied about using emissions-cheating devices in vehicles in an effort to inflate the company's stock price.

  • June 18, 2018

    Samsung Washer Cases Paused As Panel Mulls Entry To MDL

    A New Jersey federal judge has placed on hold two class actions over Samsung Electronics America Inc.’s allegedly defective washing machines while a judicial panel determines if they should be folded into multidistrict litigation over the same issue.

  • June 18, 2018

    Google, Huawei Slam Discovery Bid In Phone Defect Suit

    Google LLC and Huawei Device USA Inc. urged a California federal judge on Monday to reject efforts to jump-start discovery in a suit accusing the tech giants of manufacturing defective Google Nexus 6P smartphones, calling the proposed class' new complaint "overreaching and unwieldy."

  • June 18, 2018

    High Court Rejects AT&T Data-Usage Arbitration Dispute

    The U.S. Supreme Court said Monday that it will not review a Ninth Circuit decision refusing to release a proposed class of AT&T wireless customers from arbitration of their claims that the company lied about its unlimited mobile data plan.

  • June 18, 2018

    Lumber Liquidators MDLs Get Initial OK For $36M Settlement

    A Virginia federal judge overseeing multidistrict litigation involving Lumber Liquidators’ alleged false statements that its laminate wood flooring complied with California Air Resource Board’s formaldehyde emissions limits preliminarily approved a $36 million agreement to end the litigation.

  • June 18, 2018

    High Court To Hear Apple's Appeal In Monopoly Case

    The U.S. Supreme Court on Monday took up Apple Inc.’s bid to quash a proposed consumer class action claiming the technology giant illegally monopolized the iPhone app market, a little more than a month after the Trump administration threw its weight behind the tech giant's request.

Expert Analysis

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.

  • Bristol-Myers Squibb: 1 Year Later

    Adam Pollet

    In the year since the U.S. Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California — limiting where plaintiffs can bring claims and curbing forum-shopping in mass tort litigation — courts have grappled with questions that the ruling did not address, and defendants have pursued jurisdictional defenses in class actions and federal cases that were not previously available, say attorneys with Eversheds Sutherland LLP.

  • FTC In Full Force: What To Expect From New Leadership

    Lucy Morris

    While headlines proliferate about the recent political shake-ups at the nascent Consumer Financial Protection Bureau, the century-old Federal Trade Commission, with less fanfare, finally has a full slate of five commissioners for the first time since 2015, say Lucy Morris and Kavitha Subramanian of Hudson Cook LLP.

  • Insights From State AG Coordinated Opioid Investigation

    Richard Lawson

    Much ink has been and will be spilled over the merits and complexities of the lawsuits brought against opioid manufacturers by 23 state attorneys general. However, for any company engaged in a consumer-facing industry, the progress of the recent multistate investigation offers lessons on what to expect when subject to this type of inquiry, says Richard Lawson of Manatt Phelps & Phillips LLP.

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

  • One Size Doesn't Fit All Product Labeling Class Actions

    Jon Tomlin

    Recent product labeling class actions centering on Starbucks coffee, Tito's Vodka, 5-Hour Energy and other products differ substantially from each other in their claims and the products involved. The fundamental economic differences between these cases mean that cookie-cutter methods are not likely to yield reliable measures of classwide damages, says Jon Tomlin of Navigant Consulting Inc.

  • What To Expect After CFPB's Student Loan Office Reorg

    James Williams

    The Consumer Financial Protection Bureau recently announced plans to fold the Office of Students into the Office of Financial Education. While this move has been described as signaling a major shift in the CFPB’s approach to the student loan market, it may have less of a monumental impact on the regulation of that market than expected, say attorneys with Mayer Brown LLP.

  • Amended Fiduciary Rule: Done, Done, On To The Next One

    Andrew Oringer

    The deadline for appealing the Fifth Circuit's decision on the amended fiduciary rule to the U.S. Supreme Court expired on June 13, and — pending the Fifth Circuit's mandate ordering the U.S. Department of Labor to officially strike it down — the rule is no more. So, what now? Will the clock be turned back to an earlier time? Maybe not completely, say Andrew Oringer and Aryeh Zuber of Dechert LLP.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 2

    John Reed Stark

    The legal industry has already begun to feel the impact of anti-bribery and anti-money laundering requirements. When involved with cryptocurrency trading and remittance, law firms face more than the risk of being perceived as organizations that support money laundering practices, says John Reed Stark of John Reed Stark Consulting LLC.

  • What To Know About New Colo. Data Privacy Law

    Erin Eiselein

    Colorado recently enacted a sweeping new data security law that will impact businesses throughout the country. Although it does not go into effect until Sept. 1, companies should begin preparing for it well before that date, say attorneys with Brownstein Hyatt Farber Schreck LLP​​​​​​​.