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Consumer Protection

  • November 8, 2018

    Pyrex Buyers Say Defect Suit More Durable Than The Glass

    A proposed class action of Pyrex owners alleging the dishes are prone to exploding challenged the glassware company’s move to reject their defect suit, telling an Illinois federal court on Wednesday that the company is trying to hide behind its package warnings and limited warranty.

  • November 8, 2018

    Credit Union Must Face Suit Over Misleading Overdraft Policy

    The largest credit union in New England must face a proposed class action by customers who say its overdraft policies are unclear, a Massachusetts federal judge ruled Thursday, upholding breach of contract claims while tossing other claims for equitable relief.

  • November 8, 2018

    Forex Counsel Awarded $300M In Fees For $2.3B Deal

    A New York federal judge on Thursday awarded more than $300 million in attorneys' fees to the firms representing an investor class in securing $2.3 billion in settlements over claims that 15 banks colluded to rig benchmark exchange rates in the foreign exchange markets.

  • November 7, 2018

    Lyft's $4M Text Deal Follows Suit's Wash. High Court Detour

    A proposed consumer class urged a Washington federal court on Tuesday to preliminarily approve Lyft Inc.’s $3.99 million deal over commercial text messages, reached after the Washington Supreme Court found such unwanted solicitations violate the Washington Consumer Protection Act.

  • November 7, 2018

    House Flip To Boost Privacy Policy Push, Interference Probes

    Efforts to enact federal privacy legislation and to clamp down on foreign cyberattacks and influence campaigns are likely to receive even greater attention after Tuesday's midterm elections, which put Democrats with significant appetites for digging deeper into these issues in charge of key oversight committees in the U.S. House, experts say.

  • November 7, 2018

    Borrowers Ask 10th Circ. To Uphold $25M RICO Verdict

    A class of borrowers who were charged millions in advance fees for never-funded loans by a Toronto-based family led by a man with a long criminal record urged the Tenth Circuit on Wednesday to preserve a $25 million verdict in their favor.

  • November 7, 2018

    Justices To Scrutinize Google Users' Standing In Privacy Row

    Less than a week after hearing oral arguments, the U.S. Supreme Court wants to take a closer look at whether the 129 million Google users behind a disputed privacy class action deal have standing to have brought the case in the first place.

  • November 7, 2018

    Trump's Acting AG Linked To Patent Scam Shuttered By FTC

    Matthew G. Whitaker, whom President Donald Trump appointed acting attorney general Wednesday after firing Jeff Sessions, served as a board member at a so-called invention promotion company that the Federal Trade Commission shut down last year on allegations that it “bilked millions from consumers.”

  • November 7, 2018

    LabMD Appeals Dismissal Of Frivolous-Lawsuit Claims

    Just a day after a Pittsburgh federal judge tossed his frivolous-lawsuit claims against Tiversa Holding Corp., Reed Smith LLP and Clark Hill PLC, the head of LabMD Inc. filed a notice of appeal to the Third Circuit Wednesday.

  • November 7, 2018

    Gun Owners Seek Cert. In Suit Over Allegedly Faulty AK-47s

    Dueling firearms experts faced off in a Miami courtroom Wednesday as gun owners argued for class certification in a suit alleging Century International Arms Corp.'s AK-style assault rifles are defective, while the company pushed back and said the accidental discharges at issue were due to user error or modification.

  • November 7, 2018

    CFPB's Payday Rule Compliance Date Stayed By Texas Judge

    A Texas federal judge has paused implementation of the Consumer Financial Protection Bureau’s payday lending rule, indefinitely staying the August 2019 compliance date after the agency announced plans to start revisiting key portions early next year.

  • November 7, 2018

    Local Gov'ts Rally To Oppose In-Kind Cable Fee Cap

    Several local governments sent letters Wednesday to the Federal Communications Commission opposing a new proposal to limit in-kind contributions to local franchising authorities, saying that the plan would harm local public, educational and government programming efforts.

  • November 7, 2018

    Designer Can’t Dodge $820K Bill Over Botched House Project

    The Tenth Circuit on Tuesday refused to vacate a nearly $820,000 arbitration award a pair of homeowners won against a designer over a home renovation project that finished a year and a half late and hundreds of thousands of dollars over budget.

  • November 7, 2018

    Ponzi Investors Seek Final OK For $4.6M Deal With JPMorgan

    A proposed class of investors asked a Massachusetts federal judge on Tuesday to grant final approval of a $4.6 million settlement with JPMorgan Chase Bank, resolving claims that the bank aided and abetted the $150 million Millennium Bank Ponzi scheme.

  • November 7, 2018

    Drexel Debt Collection Fight Isn’t Barred, Alum Tells 3rd Circ.

    A former Drexel University student urged the Third Circuit on Wednesday to revive his lawsuit alleging the school and a Pennsylvania law firm used deceptive means to serve a complaint seeking to collect on outstanding tuition, arguing a lower court wrongly found the issue had already been litigated.

  • November 7, 2018

    Apple Again Ducks False Ad Suit Over Storage Capacity

    A California federal judge has once again dismissed a lawsuit alleging Apple Inc. falsely advertised the storage capacity of its iPhones, iPads and iPods, saying the proposed class of consumers failed to state its case for how it was misled.

  • November 6, 2018

    Kavanaugh Fallout Fuels GOP's Senate Expansion

    A backlash over Justice Brett Kavanaugh's bitter confirmation battle played a key role in Republicans adding to their Senate majority, as so-called “Trump state” Democrats who opposed confirmation fell to GOP challengers in Tuesday’s midterm elections.

  • November 6, 2018

    What Banks Can Expect Now That The US House Has Flipped

    With the U.S. House of Representatives set to return to Democratic control for the first time in nearly a decade, financial services attorneys are bearish on the chances of any major banking legislation passing the next Congress but also don’t expect to see the House Financial Services Committee to sit on its hands.

  • November 6, 2018

    Dems Pump Brakes On Trump Agenda With House Win

    Democrats won back the House on Tuesday night and with it divided the chambers of Congress, putting them in position to step up investigations into President Donald Trump’s presidential campaign and to run interference on his conservative agenda.

  • November 6, 2018

    Kwame Raoul To Take Helm As Ill. Attorney General

    Illinois Democrat Kwame Raoul, a 14-year state senator, declared victory in the Prairie State's attorney general race on Tuesday after his Republican challenger, Meyer Capel PC associate Erika Harold, conceded defeat.

Expert Analysis

  • Roundup Verdict Points To Jury Realities In Product Cases

    Matthew Gatewood

    A California jury was recently asked to determine whether the popular herbicide Roundup causes cancer. The case demonstrates how jurors often must draw conclusions on unresolved scientific issues, and how manufacturers that ignore complaints about product risks will struggle to overcome the image of corporate irresponsibility at trial, say attorneys with Eversheds Sutherland LLP.

  • Ohio Incentivizes Companies To Focus On Cybersecurity

    Sachin Java

    The few states that have adopted cybersecurity laws have implemented punitive approaches toward businesses that fail to comply. However, Ohio's Data Protection Act — which goes into effect on Friday — offers increased protection against litigation to ensure compliance, says Sachin Java of Gallagher Sharp LLP.

  • Olive Oil Class Settlement Is Good News For Defendants

    Sean Commons

    The Ninth Circuit recently affirmed a nationwide, claims-made class action settlement over use of the phrase “Imported from Italy” on bottles of olive oil made with olives from multiple countries. The ruling may herald a shift toward giving class action defendants some level of litigation certainty and finality, says Sean Commons of Sidley Austin LLP.

  • Why Current Laws Won't Protect Property Rights For DNA

    Franklin Zemel

    More than 12 million people have submitted their DNA for analysis to various genealogy companies such as Ancestry.com or 23andMe. But what if they don’t want that DNA shared with third parties? Based on current law, there is little that can be done about it, say Franklin Zemel and Ariel Deray of Saul Ewing Arnstein & Lehr LLP.

  • Protecting Law Firm Talent At Both Ends

    Susan Blakely

    By 2030, it is possible that 75 percent of lawyers practicing in the U.S. will be millennials. A broadened focus on retention and advancement of all young lawyers is therefore a logical step forward but it fails to address another major retention issue that law firms should explore, says Susan Smith Blakely of LegalPerspectives LLC.

  • CFPB Enforcement Actions: Less Volume, Same Substance

    Ori Lev

    The Consumer Financial Protection Bureau recently announced an enforcement action against Cash Express and demonstrated yet again that, notwithstanding Acting Director Mick Mulvaney’s rhetoric, it intends to continue to pursue claims of unfair, deceptive and abusive acts and practices, says Ori Lev of Mayer Brown LLP.

  • Q&A

    Wendy Olson Talks Twin Falls, Tribes, Private Practice

    Wendy Olson

    Former U.S. Attorney for the District of Idaho Wendy Olson discusses her decades of experience prosecuting white collar crimes and civil rights violations, her work and challenges as U.S. attorney, and her move to private practice.

  • Opinion

    Calif. Prop 65 Proposals Are Bad Policy

    Robert Falk

    The California Office of Environmental Health Hazard Assessment’s current Proposition 65 proposals represent significant change to long-standing regulations and continue the agency’s attack on the scientific principles that were relied on to support the existing requirements, say attorneys with Morrison & Foerster LLP.

  • Series

    Judging A Book: Brown Reviews 'Dangerous Leaders'

    Judge Nannette Jolivette Brown

    Anthony Thompson’s "Dangerous Leaders: How and Why Lawyers Must Be Taught to Lead" explores the conflict many lawyers face when charged with the responsibility of leadership. The book is an excellent read for all lawyers, says U.S. District Chief Judge Nannette Jolivette Brown of the Eastern District of Louisiana.

  • Calif.'s Updated Slack-Fill Law: What Cos. Should Know

    Kristi Wolff

    California recently amended its slack-fill packaging law, creating several new exemptions that may provide companies some relief from the slack-fill lawsuits that have proliferated in the state, say attorneys with Kelley Drye & Warren LLP.