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Consumer Protection
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April 09, 2024
Real Brokerage $9.2M Settlement Is Latest In Agent Fee Suit
The Real Brokerage Inc. will pay $9.2 million in a settlement to exit a class action in Missouri federal court over broker fees that prompted other big brokerages to change how they charge agent fees.
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April 09, 2024
Wash. High Court Leaves Gun Magazine Ban In Place
The Washington state Supreme Court has paused a judge's ruling that the state's law banning the sale of large-capacity magazines for firearms is unconstitutional.
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April 09, 2024
FTC Pressures Global Partners, Gulf Oil Into Reducing Deal
The Federal Trade Commission took credit Tuesday for raising antitrust concerns spurring the late-February reduction of Global Partners LP's purchase of Northeast U.S. gas terminals from Gulf Oil, cut from five terminals with a $273 million price tag to four terminals and a $212.3 million payment.
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April 09, 2024
FCC Considers Opening 5 GHz Band To Drones
The Federal Communications Commission thinks it's time to start letting drones operate in the 5 gigahertz band, envisioning a future when they are used in emergency situations such as wildfires and disaster recovery.
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April 09, 2024
FCC Decision On Subsidy Fund Likely Tough To Unravel
Public advocates are scrambling to reverse a Federal Communications Commission decision sparing broadband providers from helping pay for telecommunications subsidies even after the commission resurrects net neutrality rules that classify them as telecom providers.
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April 09, 2024
$350M Google Privacy Settlement Receives Initial Approval
A California federal judge on Tuesday gave the first green light to a $350 million settlement between Google's parent company, Alphabet, and investors over claims the company deceived them about a March 2018 software glitch that allegedly gave third-party app developers the ability to access the private profile data of 500,000 users of the Google Plus social media site.
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April 09, 2024
Spirit Flies Away From Wiretap Suit Over Site User Tracking
Spirit Airlines has beaten, for now, a consolidated proposed class action alleging that it flouted privacy and wiretapping laws by gathering its website users' communications after a Pennsylvania federal judge said the plaintiffs haven't responded to Spirit's argument that its software doesn't gather personal information and accordingly suffered no injury and lack standing.
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April 09, 2024
Ex-Fox News Anchor Continues Fighting Forced Arbitration
Gretchen Carlson, a former Fox News anchor and a leading advocate for ending forced arbitration after suing Fox News' former chair and CEO over sexual harassment allegations, told senators on Tuesday that more is needed to protect workers, particularly older ones, despite important legislation enacted two years ago.
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April 09, 2024
Smith & Wesson Can't Keep Mass Shooting Case In Fed. Court
The Seventh Circuit ruled Monday that Smith & Wesson must litigate in state court lawsuits brought by survivors and the families of victims who were killed or wounded in the July 4, 2022, Highland Park, Illinois, parade shooting, rejecting the gunmaker's argument that its compliance with federal regulators mandated federal jurisdiction.
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April 09, 2024
TD Bank Wants 'Absurd' First Horizon Merger Suit Tossed
TD Bank has urged a New Jersey federal judge to dismiss a proposed class action from investors over the bank's failed merger with First Horizon, saying the investors can't sue because the deal never closed and the suit's asserted scienter claim "defies commonsense."
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April 09, 2024
Maryland Legislature Sends Kratom Bill To Governor
Maryland will become the 13th state to pass a Kratom consumer protection act into law, if Gov. Wes Moore signs the bill that the state Legislature sent to his desk.
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April 09, 2024
Nonprofit Seeks Over $300K Atty Fees Over X Defamation Win
A nonprofit organization focused on challenging hate speech asked a California federal judge to approve more than $300,000 in attorney fees following a successful defense against Elon Musk and social platform X Corp.'s claims over an allegedly defamatory article.
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April 09, 2024
Printer Buyers Defend HP Ink Cartridge Antitrust Claims
HP printer buyers told an Illinois federal court they've done enough to show that HP monopolized the market for replacement ink cartridges by alleging the company used firmware updates to lock them into purchasing HP ink cartridges.
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April 09, 2024
Tribal Co. Says Calif. DA Shouldn't Escape Greenhouse Fight
A Native American-owned corporation is asking a California federal court not to throw out its suit aiming to block the San Bernardino District Attorney's Office from destroying its greenhouses, saying federal abstention isn't proper because the state proceeding the DA references is against a different party.
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April 08, 2024
BitMEX Co-Founder Can't Escape Investors' Manipulation Suit
A case against a co-founder of cryptocurrency trading platform BitMEX will move forward after a Manhattan federal judge found investors showed the executive was "central" to an alleged manipulation scheme that benefited the firm at the expense of its customers.
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April 08, 2024
Gamers Can't Block Microsoft From 'Dismantling' Activison
A California federal judge on Monday refused to block Microsoft from further integrating Activision Blizzard into its business after it acquired the gaming titan last year, saying the gamers who are still challenging the union between the companies have a similar motion pending before the Ninth Circuit.
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April 08, 2024
Republicans Mobilize Against CFPB's Card Late-Fee Rule
The top Republican on the U.S. Senate Banking Committee introduced a legislative measure Monday to repeal the Consumer Financial Protection Bureau's $8 late-fee standard for credit cards, the latest in a heated campaign to take down the industry-opposed rule.
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April 08, 2024
Oppenheimer Beats FINRA Arbitration Bid By Ponzi Victims
Financial services company Oppenheimer & Co. Inc. has blocked a bid by investors seeking to arbitrate claims before the Financial Industry Regulatory Authority that attempted to keep the company on the hook for a Ponzi scheme orchestrated by a former Oppenheimer-registered broker.
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April 08, 2024
Dallas Says Strip Clubs Are Trying To Bypass 5th Circ. Ruling
The city of Dallas told a Texas federal court Friday that a lawsuit by XTC Cabaret Inc. and other strip clubs is nothing but an attempt to circumvent a recent Fifth Circuit decision that upheld the city's ordinance barring "sexually oriented businesses" from operating between 2 a.m. and 6 a.m.
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April 08, 2024
Target's Acne Treatments Contain Benzene, Customer Says
A Target customer in Illinois has launched consumer protection claims in federal court targeting acne treatments the retail giant allegedly manufactures and markets without disclosing benzene among their active ingredients.
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April 08, 2024
FCC Seeks To Stop Abusers From Tracking Connected Cars
The Federal Communications Commission is seeking input on how to prevent connected-car technologies from being used to stalk and harass targets of domestic abuse.
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April 08, 2024
Fiat Chrysler Beats Faulty Rearview Camera Class Action
A New York federal judge on Monday dismissed a proposed class action alleging that Fiat Chrysler knowingly sold certain Dodge Ram trucks with defective rearview camera systems, saying the driver bringing the suit can't prove any economic injuries following a federal recall.
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April 08, 2024
Credit Reporters Falling Short On Trafficking Rule, CFPB Says
The Consumer Financial Protection Bureau said Monday that its examiners have been seeing problems in the credit reporting industry with the accuracy and integrity of information that companies are relaying about consumers, including violations of certain recent protections for human trafficking survivors.
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April 08, 2024
FTC's Slaughter Defends International Cooperation
Several federal agency leaders said Monday they are working across the government to help boost competition, as Federal Trade Commissioner Rebecca Kelly Slaughter touted the importance of cooperation on competition issues at home and abroad.
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April 08, 2024
Consumers Fight Amazon's E-Book Appeal Ask
Amazon shouldn't get to go to the Second Circuit after a federal judge refused to toss a proposed class action accusing the e-commerce giant of monopolizing the e-book market, according to consumers who have urged that judge not to seek another opinion on whether they lack standing.
Expert Analysis
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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The State Of CFPB Focus On Credit Reporting Of Medical Debt
An increase in credit reporting complaints and the Consumer Financial Protection Bureau's recent annual report on the Fair Debt Collection Practices Act — which focuses on medical debt in credit reporting — are both evidence of the fact that the bureau will continue to prioritize oversight of credit reporting of medical debt, says Kristen Watson at Burr & Forman.
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FDA's Recent Litigation Records Are Strong, But Imperfect
The U.S. Food and Drug Administration has notched its share of litigation wins in recent years thanks to a number of key advantages, but the FDA has been less successful in certain highly visible arenas, Jonathan Berman and Colleen Heisey at Jones Day.
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3 FinCEN Fraud Alerts To Remember In 2024
With financial fraud now the largest source of illicit proceeds in the U.S., banks should review this year's key Financial Crimes Enforcement Network alerts to ensure their employees know the warning signs of three types of rising scams and understand how to effectively report suspicious activity, says Memrie Fortenberry at Jones Walker.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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What Banks Should Know About TCPA Exam Policy Updates
As banking organizations consider revisions to their automated communications policies in light of the Office of the Comptroller of the Currency's recent updates to its Telephone Consumer Protection Act examination procedures, they should also consider conducting a full review of their TCPA compliance practices, say attorneys at Debevoise.
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EU GDPR Ruling Reiterates Relative Nature Of 'Personal Data'
The Court of Justice of the European Union recently confirmed in Gesamtverband v. Scania that vehicle identification number data can be processed under the General Data Protection Regulation, illustrating that the same dataset may be considered "personal data" for one party, but not another, which suggests a less expansive definition of the term, say lawyers at Van Bael.
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When Patients Have Standing For Hospital Antitrust Suits
Brown v. Hartford Healthcare Corp., recently decided by a Connecticut state court, provides a useful examination of how antitrust standing issues may be analyzed when patients directly sue a healthcare system for anti-competitive conduct, says Charles Honart at Stevens & Lee.
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Energy Sector Takeaways From Biden's AI Executive Order
While the U.S. Department of Energy begins to establish rules in accordance with President Joe Biden's recent executive order on artificial intelligence, in-house counsel can work with business lines and executive teams to consider implementing their own AI governance process, say Joel Meister and James De Vellis at Foley & Lardner.
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8 Ways To Negotiate Improved Disgorgement Outcomes
The U.S. Securities and Exchange Commission's nearly $3.4 billion collected in disgorgements in 2023 shows that substantial disgorgement claims from regulators and law enforcement are the new norm, but corporations may be able to dramatically reduce what they owe by using eight strategies to argue for reduced net profit calculations, say experts at AlixPartners.
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How The NY AG Leads Investigations In Civil Securities Fraud
Although investigating white collar fraud can put significant strain on state and local resources, the New York Attorney General's Office has continued to use its expansive statutory authority to take a leading role in bringing civil enforcement actions in highly complex financial matters, say Carrie Cohen and Nathan Reilly at MoFo.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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What Banks Should Know About FDIC Assessment Rule
Max Bonici at Venable answers questions banking organizations may have about the Federal Deposit Insurance Corp.'s recent approval of a rule implementing a special assessment on banks to recoup costs associated with protecting uninsured depositors after the bank failures earlier this year, and highlights other considerations for uninsured deposits.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Aviation Watch: Pilots Face Mental Health Catch-22
The recent case of an Alaska Airlines pilot who attempted to crash an airliner in flight highlights the dilemma facing federally licensed cockpit personnel who need psychological help, yet could lose their jobs if they seek it — but a long-running program may provide a solution, says Alan Hoffman, a retired attorney and aviation expert.