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Consumer Protection

  • August 14, 2018

    Gerber Can't Dodge Consumer Class Action Over Formula

    An Illinois federal judge on Tuesday refused to toss claims Nestle and Gerber Products Co. falsely advertised that their infant formula prevents babies from developing allergies, finding the proposed class action cited specific misrepresentations by the companies.

  • August 14, 2018

    Consumer Reporting Biz Violated FCRA, Fired Workers Say

    Consumer reporting agency Global HR Research removed a putative class action to Florida federal court Monday that alleges it violated the Fair Credit Reporting Act by providing clients access to consumer reports for employment purposes without obtaining certification they would comply with the law.

  • August 14, 2018

    How One Firm Moved The Needle On Disability Inclusion

    This global law firm has recently focused on creating opportunities for people with disabilities across its ranks, and its efforts are already showing results. This article is part of our special report on disability inclusion in the legal industry.

  • August 14, 2018

    Calif. Privacy Law Isn't End Of The World, Lawmakers Told

    A coalition of consumer advocacy groups shot back at the business community's initial efforts to scale back a recently enacted California privacy law, arguing that "the sky is not falling, as industry suggests" and urging state lawmakers to focus on "strictly technical cleanup" work for now. 

  • August 14, 2018

    LL Bean Customer’s Warranty Suit ‘Makes No Sense’: Judge

    A California federal judge on Tuesday tossed with leave to amend a proposed class action that claims new limits on L.L. Bean Inc.’s century-old lifetime warranty violate consumer protection statutes, saying during a hearing the allegations are “hugely hypothetical” and the suit “makes no sense.”

  • August 14, 2018

    AT&T Customers Win Cert. In Roaming Fees Class Action

    A California federal judge certified a class of AT&T customers who accused the company of misleading them about overseas roaming fees, finding in the long-running suit that, though the customers had gotten information from different sources, their claims could be heard as a group.

  • August 14, 2018

    Bosch, GM Want RICO Suit Over Diesel Emissions Tossed

    Robert Bosch and General Motors asked a Michigan federal judge Monday to ax Racketeer Influenced and Corrupt Organizations Act claims in a putative class action accusing the technology supplier and automaker of installing emissions test-cheating devices on Chevrolet Cruze diesel cars, arguing the whole suit should be tossed.

  • August 14, 2018

    Insurers Needn't Cover Nutiva's False Ad Suit Defense

    A California federal judge on Tuesday ruled that a trio of insurers have no duty to defend or indemnify Nutiva Inc. in a putative class action claiming the company misbrands its coconut oil as healthy, finding that the terms of Nutiva’s insurance policies are not met because the underlying suit does not allege the company engaged in accidental conduct.

  • August 14, 2018

    Speaker Program Payments Weren't Kickbacks, Teva Says

    A pair of False Claims Act whistleblowers accusing Teva Pharmaceuticals USA Inc. of using speaker events to bribe doctors to prescribe two of its drugs haven't actually shown that Teva's programs involved any illegal activity, the drug company has told a New York federal court.

  • August 14, 2018

    Fiat Chrysler Must Face 'Dirty' Engine RICO Suit, Court Told

    Dodge RAM truck owners on Monday defended their amended proposed class action alleging Fiat Chrysler lied about the vehicles’ emissions performance, insisting that they’ve done extensive testing and have established standing to sue the auto giant and its engine manufacturer under the Racketeer Influenced and Corrupt Organizations Act.

  • August 14, 2018

    Legal Funder Can't Exit Fraud Suit After CFPB Ruling: NY AG

    The New York attorney general fired back on Monday against litigation funder RD Legal Funding LLC’s efforts to shut down a suit alleging it scammed injured NFL players and ailing 9/11 first responders, saying the suit should continue despite an earlier ruling that found the Consumer Financial Protection Bureau unconstitutional.

  • August 14, 2018

    CVS Escapes Class Action Over Flu Shot Text Messages

    A New Jersey federal judge Tuesday nixed a putative class action against CVS Pharmacy Inc. for allegedly violating the Telephone Consumer Protection Act by notifying customers about the availability of flu shots via text messages, finding that the messages fell under the so-called “health care exemption.”

  • August 14, 2018

    Top 3 Groups Lobbying The FCC

    During July, telecom lobbyists laid out agendas at the Federal Communications Commission to better organize infrastructure work, collect more granular broadband data and support voice services in areas that are expensive to serve.

  • August 14, 2018

    Uber Taps Ex-NSA GC To Run Security After Breach Fallout

    Uber said Tuesday that it has tapped Matt Olsen, the former director of the National Counterterrorism Center and general counsel at the National Security Agency, to lead its security team as the company tries to rebuild its reputation after its botched handling of a data breach.

  • August 14, 2018

    Insurer Seeks Win In Dispute Over Dish TCPA Judgment

    Insurer National Union wants a Denver federal court to order that it need not cover policyholder Dish Network LLC after Dish was hit with a $280 million verdict for placing millions of robocalls, saying Monday its situation echoes that of a primary insurer recently let off the hook.

  • August 14, 2018

    Minn. TV Anchor, Spouse Ask 8th Circ. To Revive Privacy Suit

    A Minnesota news anchor and her husband urged the Eighth Circuit to breathe new life into claims that a slew of local municipalities, agencies and officials illegally accessed their personal information from state motor vehicle records, saying a lower court shouldn’t have found many of the allegations time-barred.

  • August 14, 2018

    Most Of Southwest Passenger's Civil Rights Suit Survives

    A federal judge on Tuesday declined to toss all but one claim from a California man’s lawsuit alleging he was removed from a Southwest Airlines Co. plane solely for speaking in Arabic, finding that the complaint adequately alleged discrimination by the airline and one of its employees.

  • August 14, 2018

    Ga. Court Convicts Cybercriminal On $6M ID Theft Charges

    A Nigerian citizen was found guilty of aggravated identity theft charges by a jury in a Georgia federal court after stealing more than $6 million from American universities with his partner, the U.S. Department of Justice announced Monday.

  • August 13, 2018

    David Boies On How Dyslexia Shaped His Practice

    One of the country’s highest-profile litigators, the Boies Schiller Flexner LLP chairman was diagnosed with dyslexia when he was in his 30s. In an interview with Law360, he talks about practicing law with the learning disability. This article is part of our special report on disability inclusion in the legal industry.

  • August 13, 2018

    BigLaw’s Mental Health Stigma Shows Signs Of Fading

    Sometimes viewed as an “invisible” disability, mental illness has long been forced under wraps because of the risk attorneys could face bias and stigma. Here’s how lawyers, law firms and other groups are starting to take on the status quo. This article is part of our special report on disability inclusion in the legal industry.

Expert Analysis

  • Why A Hoverboard Suit Against Amazon Went Up In Flames

    Jed Winer

    Should an e-commerce firm be held liable for the defects of every item it sells on its global internet marketplace? The plaintiffs in Fox v. Amazon.com argued exactly that, and the district court answered with a resounding “no.” Online marketplaces are simply not in a position to supervise every product sold on their platforms, says Jed Winer of Weil Gotshal & Manges LLP.

  • San Francisco Follows Chicago With Privacy Plan

    Xiaoyan Zhang

    San Francisco is the second major city to take expansive action to protect residents from the misuse and misappropriation of their personal data by corporations for profit. However, this proposed policy initiative differs from Chicago's proposed ordinance in at least three major ways, say Xiaoyan Zhang and Ariana Goodell of Reed Smith LLP.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • What If The Auto Loan Securitization Market Crashes?

    Albert Fowerbaugh

    With memories of the Great Recession still fresh, fears that the auto loan securitization market is headed for a crash similar to the ill-fated residential mortgage backed securities market are on the rise. Albert Fowerbaugh and Julie Rodriguez Aldort of Butler Rubin Saltarelli & Boyd LLP consider the types of claims that various participants might assert if the market veers off course.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Opinion

    A Right To Carry Everywhere, On A Road To Nowhere

    Robert W. Ludwig

    On July 24, a Ninth Circuit panel applied textualist reasoning in Young v. Hawaii to secure a right for individuals to carry firearms in public. To end the gun epidemic — demonstrated in Chicago recently with 74 people shot in one weekend — it’s past time to turn a spotlight on the root cause: legal carelessness and oversights of text, says Robert W. Ludwig of the American Enlightenment Project.

  • 2nd Circ. Adds To Authority On Securities Law Preclusion

    Anthony Antonelli

    With its recent decision in Rayner v. E-Trade Financial — which unanimously affirmed the dismissal of a putative class action asserting state law best execution violations — the Second Circuit made a significant contribution to a collection of circuit court opinions on the Securities Litigation Uniform Standards Act, say attorneys with Paul Hastings LLP.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • NY Cyber Rules: Preparing For The September Deadline

    Richard Naylor

    If you began complying with the New York Department of Financial Services requirements last year, your cybersecurity program is already in place, which should streamline compliance for the next deadline. The controls required to be in place by Sept. 1, 2018, cover five areas, says Richard Naylor of Murphy & McGonigle PC.

  • ERISA Class Actions After Epic Systems

    James Baker

    U.S. Supreme Court Justice Neil Gorsuch's opinion in Epic Systems v. Lewis employed the same analytics used by Justice Antonin Scalia in three previous decisions. They strongly suggest the court would allow a mandatory arbitration clause with a class action waiver in the Employee Retirement Income Security Act context, says James Baker of Baker McKenzie.