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Consumer Protection
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May 30, 2025
Plaintiffs Appeal AI Sales Platform's Win In Identity Misuse Suit
A group claiming to be part of a database maintained by 6Sense, which uses artificial intelligence to help businesses with sales and marketing, are appealing to the Ninth Circuit the dismissal of their proposed class action accusing the company of unlawfully using their identities to promote its products and services.
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May 30, 2025
Pharma Co. Hid Cancer Study Method Problems, Investor Claims
Biotechnology company UroGen Pharma Ltd. and three current and former executives are facing a proposed investor class action in New Jersey federal court alleging the company failed to disclose methodology flaws affecting a study of its lead drug candidate that ultimately doomed its bid for U.S. Food and Drug Administration approval.
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May 30, 2025
Broadband Rate Regs Hurt Competition, Report Says
Capping broadband rates for low-income families is a bad idea, according to a new study backed by cable trade group ACA Connects, which found that such caps negatively impacts competition.
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May 30, 2025
Rocket Mortgage Class Asks Justices To Scope Decertification
Rocket Mortgage borrowers who saw their class action against the lender decertified have told the U.S. Supreme Court that another pending case before it will resolve the question that undid their own class standing, and their litigation should be put on hold until that case is resolved.
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May 30, 2025
$5.2M Generic Drug Price-Fixing MDL Deal Gets Final OK
Apotex Corp. will be paying $5.2 million to settle claims from a class of indirect purchasers alleging the drugmaker was working with other pharmaceutical companies to hike up the price of certain generic medications.
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May 30, 2025
SEC's Staking Guidance Ignores Court Rulings, Crenshaw Says
The U.S. Securities and Exchange Commission's dismissal of its lawsuit against crypto exchange Binance paved the way for its staff's same-day statement that many "staking" services are no longer subject to agency jurisdiction, according to the SEC's sole Democrat, who criticized the move as conflicting with a pair of court decisions the agency won.
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May 30, 2025
'Humongous' Apple Must Face Boosted 186M Antitrust Class
A California federal judge on Friday granted App Store users' request to amend their class definition in a yearslong antitrust fight against Apple, rejecting Apple's argument that the changes unfairly add millions of new members and noting that the 185.9 million-member class stems from the fact Apple is "humongous."
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May 30, 2025
Wheeling & Appealing: The Latest Must-Know Appellate Action
Saying that June's circuit court calendars include important arguments in all practice areas would be hyperbolic — but just slightly. That's because significant showdowns are imminent involving appellate procedure principles, "click-to-cancel" rules, government procurement protests, judiciary employment protections and litigation risk insurance — as well as President Donald Trump's felony convictions and extraordinary deportation measures.
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May 30, 2025
Meta Looks To Nix FTC's Lead Econ Expert After Antitrust Trial
Meta Platforms asked a D.C. federal judge Friday to strike testimony the Federal Trade Commission's lead economics expert gave during a bench trial in the antitrust case over Meta's purchase of Instagram and WhatsApp, saying the "biased witness" — a New York University School of Law professor — "advocated" for the case.
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May 30, 2025
NSO Wants New WhatsApp Hack Trial After Meta's $168M Win
Israeli spyware developer NSO Group has asked a California federal judge for a new trial to determine damages for installing spyware on 1,400 phones using Meta-owned WhatsApp, saying the punitive damages portion of a roughly $168 million award was egregious and revealed the jury's "general hostility" toward the company.
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May 30, 2025
Tornado Cash Judge Won't Order Review Of Feds' Evidence
A New York federal judge said Friday that she won't direct federal prosecutors to conduct a review for additional evidence in their case against Tornado Cash founder Roman Storm despite the defense's claims that a recent disclosure in a separate crypto mixer prosecution could impact Storm's defense.
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May 30, 2025
Shopper Wants Class Cert. In Mistranslated Cookie Label Suit
A shopper has urged a California federal court to certify three classes of consumers accusing a Japanese convenience store chain of selling snacks with dangerously mistranslated English labels that failed to disclose nut allergens, arguing common legal issues predominate because the company used "uniformly mistranslated" labeling across thousands of products.
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May 30, 2025
CFPB Punts On Fed Funding Issue In MoneyLion Case
The Consumer Financial Protection Bureau has told a New York federal judge that fintech lender MoneyLion can't again seek dismissal from its enforcement lawsuit by challenging the agency's finances, calling a procedural foul — while sidestepping the deeper funding issue.
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May 30, 2025
Feds, AGs Scoff At Landlords' Bid To Toss Antitrust Case
Landlords embroiled in an antitrust suit misconstrued the law and agreements at the heart of the case, the federal government and state enforcers said on Thursday as they urged a North Carolina federal court to reject the landlords' bid to dismiss.
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May 30, 2025
FCC Moves To Revoke Radio Licenses For Unpaid Fees
The Federal Communications Commission is revoking two Texas radio stations' licenses and threatening the same for another in Tennessee over unpaid regulatory fees, the agency said in two orders issued this week.
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May 30, 2025
Banks, Class Action Admins Ran Kickback Scheme, Suit Says
A group of class action settlement administrators and banks conspired to rip off settlement class members by offering lower bank interest rates in exchange for kickbacks, according to three identical lawsuits filed in three states.
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May 30, 2025
Missouri Judge Rejects Berkshire Unit's Transfer Appeal Cert. Bid
A Missouri federal judge on Friday denied a Berkshire Hathaway unit's motion to certify the company's denied transfer bid for a consolidated antitrust broker fees class action.
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May 30, 2025
TopCo Settles Suit Over Cough Syrup Billed As 'Non-Drowsy'
The parties in a lawsuit alleging Tussin cough syrup's "non-drowsy" label is deceptive because the syrup makes users sleepy told an Illinois federal judge that they've reached a binding settlement that would end the case.
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May 30, 2025
Google Must Turn Over Docs About Potential Ad Tech Breakup
A Virginia federal court granted a request from government agencies on Friday for internal Google LLC reports analyzing a potential breakup of its ad tech business, as the sides ready for a September trial to determine what remedies to impose on Google for monopolizing key ad tech markets.
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May 30, 2025
Calif. Fire Chiefs Favor Earth-Based GPS Backup Plan
A group of California fire chiefs told the Federal Communications Commission that a tech firm's proposal to deploy an Earth-based navigation and broadband network would be the best way to backstop the Global Positioning System.
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May 30, 2025
Wash. Judge Doubts Valve's Suit Alleging Arbitration Scheme
A Washington state appellate judge pushed back Friday against Valve Corp.'s stance that it could sue an attorney over an alleged scheme to manipulate arbitration pacts between the gaming giant and its customers, suggesting the company opened the door for such conduct by previously forcing gamers to arbitrate antitrust claims individually.
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May 30, 2025
Recruiter Let Client Data Fall Into Hackers' Hands, Suit Says
A Georgia-based professional recruiting firm has been hit with a proposed class action from a man who says the company's lax cybersecurity standards led to a February data breach that compromised the personal information of thousands of current and former clients.
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May 30, 2025
Nationstar Sued After Data Exposure Of Loan Applicants
Nationstar Mortgage, doing business as Mr. Cooper, has been hit with a proposed class action in California federal court over its "widespread practice of disclosing" customers' private information to Meta, Google, Microsoft and other third parties without approval.
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May 30, 2025
Peet's Coffee, AddShoppers Beat Cert. Bid In Privacy Suit
A California federal judge refused to certify a proposed class action alleging AddShoppers and Peet's Coffee illegally tracked visitors' browsing activities to send targeted advertising emails, ruling Thursday that the named plaintiffs' claims are not typical of the groups they want to represent, since they did not receive emails about any products.
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May 30, 2025
Woman's $56M Slow Cooker Burn Verdict Reduced To $8.8M
A Colorado federal judge has reduced a nearly $56 million verdict in favor of a woman who suffered burns after her slow cooker exploded while in use, awarding her $8.8 million after applying the state's statutory caps on noneconomic and exemplary damages.
Expert Analysis
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Examining Trump Meme Coin And SEC's Crypto Changes
While the previous U.S. Securities and Exchange Commission tended to view most crypto-assets as securities, the tide is rapidly changing, and hopefully the long-needed reevaluation of this regulatory framework is not tarnished by an arguable conflict of interest due to President Donald Trump's affiliation with the $Trump meme coin, say attorneys at Thompson Coburn.
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A Look At The Student Loan Case Pending At Supreme Court
The Trump administration is likely to drop the U.S. Supreme Court case of U.S. Department of Education v. Career Colleges and Schools of Texas after its review of the 2022 borrower defense to repayment rule, but any outcome will be significant for institutions participating in programs covered by Title IV of the Higher Education Act, say attorneys at Duane Morris.
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Recent Cases Suggest ESG Means 'Ever-Shifting Guidelines'
U.S. courts have recently handed down a number of contradictory decisions on important environmental, social and governance issues, adding to an already complex mix of conflicting political priorities, new laws and changing regulatory guidance — but there are steps that companies can take to minimize risk, say attorneys at Paul Hastings.
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New HSR Rules Augur A Deeper Antitrust Review By Agencies
After some initial uncertainty, the new Hart-Scott-Rodino Act rules did go into effect last month, and though their increased information requirements create greater initial burdens for merging parties, the rules should lead to greater certainty and predictability through a more efficient and effective review process, says Craig Malam at Edgeworth Economics.
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New Fla. Financial Abuse Law May See Limited Buy-In
Florida's newly effective financial protection law comes with compliance burdens and uncertainties that could discourage financial institutions from participating, even though the law aims to shield them from liability for delaying transactions when they suspect exploitation of elderly and vulnerable account holders, say attorneys at Shutts & Bowen.
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What To Know About Insurance Coverage For Greenwashing
As the number of public and private lawsuits relating to greenwashing dramatically grows, risk managers of companies making environmental claims should look to several types of insurance for coverage in the event of a suit, say attorneys at Hunton.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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Considering The Future Of AI Regulation On Health Sector
As Texas looks to become the next state to pass a comprehensive law regulating artificial intelligence, the healthcare industry should consider how AI regulation will continue to evolve in the U.S. and how industry members can keep up with compliance considerations, say attorneys at Kirkland & Ellis.
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30 Years Later: How PSLRA Has Improved Securities Litigation
In the 30 years since the Private Securities Litigation Reform Act's passage, the statute has achieved its purpose of shifting securities class actions to investors most capable of monitoring the litigation, selecting competent counsel at competitive rates and maximizing recoveries for the investor classes they represent, say attorneys at Bernstein Litowitz.
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Managing Anti-Corporate Juror Views Revealed By CEO Killing
After the shooting of UnitedHealthcare CEO Brian Thompson laid bare deep-seated anti-corporate sentiments among the public, companies in numerous industries will have to navigate the influence of related juror biases on litigation dynamics, say Jorge Monroy and Keith Pounds at IMS Legal Strategies.
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How Banks Can Prepare For NYDFS Overdraft Overhaul
The New York State Department of Financial Services' recent proposal to amend overdraft rules for financial institutions underscores states' potential to create consumer protection mechanisms in the absence of meaningful federal action, say attorneys at Steptoe.
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Terraform Case May Be Bellwether For Crypto Enforcement
The prosecution of crypto company Terraform Labs and its CEO, Do Kwon, offers a unique test of the line between lawful and unlawful conduct in digital transactions, and the Trump administration’s posture toward the case will provide clues about its cryptocurrency enforcement agenda in the years to come, say attorneys at Brooks Pierce.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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What's At Stake In High Court's Class Member Standing Case
The U.S. Supreme Court’s eventual decision in Labcorp v. Davis could significantly alter how parties prosecute and defend class actions in federal court, particularly if the court determines some proof of member standing is required before a class may be certified, say attorneys at Reed Smith.