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Consumer Protection

  • August 17, 2018

    Ford Accused Of Hiding Focus, Fiesta Transmission Defect

    A putative class action accusing Ford Motor Corp. of hiding an alleged transmission defect in its Focus and Fiesta vehicles was removed to California federal court Thursday, while Ford urged the judge to send the case to multidistrict litigation pending in Los Angeles.

  • August 17, 2018

    NJ Appeals Court Won’t Revive Grocery Sales Tax Challenge

    The Appellate Division of the New Jersey Superior Court largely upheld a trial court decision Friday rejecting a class action that accused two grocery stores of illegally charging higher sales tax than permitted under state law.

  • August 17, 2018

    PG&E Fire Liability Has Calif. Considering Ch. 11 Alternative

    As wildfires again ravage swaths of California forests in what has become a deadly summer ritual, the threat of a Pacific Gas and Electric Co. bankruptcy looms over state lawmakers who are hastily debating how to apportion liability for billions of dollars' worth of damage stemming from last year's infernos.

  • August 17, 2018

    Impax Says Opana Deal Didn't Delay Competition

    Impax Laboratories Inc. has hit back at efforts to revive a pay-for-delay case over the opioid medication Opana ER, telling the Federal Trade Commission in a brief that the agreement it reached with Endo Pharmaceuticals Inc. that is being challenged is the only reason the drug is on the market.

  • August 17, 2018

    Scottrade To Face Mass. Securities Watchdog In State Court

    A Massachusetts federal judge said Thursday that the state securities division’s administrative complaint alleging Scottrade Inc. flouted its own internal impartial standard conduct should not have been removed to federal court, remanding the action to a state administrative court.

  • August 17, 2018

    6th Circ. Revives Compressor Co.'s TCPA Class Action

    The Sixth Circuit revived a Telephone Consumer Protection Act class action brought over spam faxes sent to a car compressor company by a finance company that targeted manufacturers, ruling that a reasonable juror could find that the ads were sent "on behalf of" the financial firm.

  • August 17, 2018

    600 Lb Gorillas Gets $725K Of $3.9M Sought In Dessert Spat

    Novelty dessert company 600 lb Gorillas was awarded a fraction of the $3.9 million it sought in a breach of contract suit over allegedly subpar ice cream, getting only $725,000 from a Massachusetts federal jury on Friday, while its supplier Mister Cookie Face was handed the full $270,000 it wanted for a counterclaim over being stuck with unused ice cream sandwiches.

  • August 16, 2018

    Atty Suing Google Sees No Conflict With Law Firm

    A lawyer seeking to represent thousands of online advertisers in a suit against Google urged a California federal judge Thursday to certify a class and reject the tech giant's objections that the named plaintiff — himself an attorney —is now a partner at a law firm that once worked on the case.

  • August 16, 2018

    Legal Funder Wants Fraud Suit Stayed After CFPB Ruling

    RD Legal Funding, the litigation funder accused of gouging NFL players and 9/11 responders who were loan customers, asked a Manhattan federal judge Wednesday to press pause on the suit as the Consumer Financial Protection Bureau appeals its surprise ejection — or to greenlight a broader appeal.

  • August 16, 2018

    Will Law Schools Start Counting ‘Generation ADA’?

    No one is tracking law students with disabilities to see where the education system may be failing them, but some advocates are working to change this dynamic and build a better pipeline.

  • August 16, 2018

    Ancestry.com Says 23andMe DNA Patent Invalid Under Alice

    Ancestry.com sought to nix allegations it infringed 23andMe Inc.’s technique for determining whether two customers are related by comparing DNA samples, telling a California federal judge Thursday that the patent is invalid under the U.S. Supreme Court’s Alice standard because it’s not inventive and relies on natural phenomenon.

  • August 16, 2018

    DirecTV Ducks Most Of FTC’s $4B False Ad Case

    A California federal judge culled most of the Federal Trade Commission's $4 billion false advertising suit against DirecTV on Thursday, ruling that the agency didn't have evidence strong enough to meet the "extraordinary ambition" of showing that over 40,000 ads deceived consumers.

  • August 16, 2018

    Miss. High Court Won't Let Google Slip Student Privacy Suit

    Mississippi's highest court has refused to entertain Google's challenge to a ruling that kept alive a suit lodged by the state's attorney general over the tech giant's allegedly unlawful collection and use of public school students’ personal information, a conclusion that was met with opposition by the court's chief justice. 

  • August 16, 2018

    11th Circ. Puts AAA Arbitrator On Spirit Airlines Fare Case

    Spirit Airlines Inc. lost its appeal in the Eleventh Circuit Wednesday when the court affirmed a ruling that an arbitrator, and not the court, must determine whether the agreement between the airline and members of its $9 Fare Club allows for a class arbitration.

  • August 16, 2018

    Auto Software Maker Seeks Temporary Ban On Rival's Sales

    A car software company urged a Washington federal court Thursday to temporarily bar a rival from selling competing products that allegedly were made with hacked trade secrets, asserting that an anonymous informant supplied it with images and communications that back up its contentions.

  • August 16, 2018

    $115M Anthem Data Breach Deal Gets Final Nod

    A California federal judge on Thursday gave final approval to a $115 million deal that ends claims Anthem Inc. put 79 million consumers’ personal information at risk in a 2015 data breach, casting aside calls for the settlement to go even further to punish the nation’s second-largest health insurer.

  • August 16, 2018

    Groups Urge FTC To Fine Facebook Amid EU Data Row

    EPIC and a coalition of like-minded internet consumer groups urged the Federal Trade Commission on Thursday to slap Facebook with a hefty fine and conclude the agency's investigation into the Cambridge Analytica scandal by September or potentially see the legal basis for transferring data across the Atlantic grind to a halt.

  • August 16, 2018

    BofA Customers Win Final OK For $1.8M FCRA Settlement

    A class of Bank of America NA customers won final approval Thursday for their $1.8 million Fair Credit Reporting Act settlement over allegedly unauthorized soft credit report inquiries, with a California federal judge saying that though it offered a small $4 payout per class member, the deal was fair.

  • August 16, 2018

    Pa. Suit Says AARP Acted As Unlicensed Insurance Agent

    AARP Inc. has been illegally collecting millions of dollars in commissions on insurance sales and acting as an unlicensed insurance agent in Pennsylvania, according to a proposed class action lawsuit filed in Philadelphia federal court Wednesday.

  • August 16, 2018

    Monsanto's $289M Roundup Loss Ripples Across Industries

    A California jury’s decision last week to award a retired groundskeeper $289 million against Monsanto in a Roundup cancer trial is certain to unleash a torrent of new litigation against the agri-giant, experts tell Law360, and the massive award for a product with “potential risks” could spur failure-to-warn litigation more broadly.

Expert Analysis

  • 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.

  • Testing Mandate Is Straining California Cannabis Cos.

    Oren Bitan

    California’s Proposition 64 legalized recreational cannabis, but set a deadline of July 1, 2018, for cannabis products to be tested for a range of toxic substances. Since then, one in every five pot samples have failed required testing, posing big challenges for the industry, says Oren Bitan of Buchalter PC.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • AI In Lending: Key Challenges And Practical Considerations

    David Stein

    A recent report from the U.S. Treasury Department discussed the use of artificial intelligence in financial services and identified related legal challenges. There is little risk of financial regulators taking proactive steps to restrict the use of AI, but existing laws and regulations adopted long before its advent remain in effect, says David Stein of Covington & Burling LLP.

  • Why Bristol-Myers Applies To Absent Class Members: Part 3

    Brian Troyer

    Since the U.S. Supreme Court's Bristol-Myers Squibb decision, some courts have acknowledged that class certification is a form of joinder like traditional joinder, even while arguing that they do not need independent jurisdiction over class members’ claims. The irrational results speak for themselves, says Brian Troyer of Thompson Hine LLP.

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.

  • 4 Tips For Addressing Electronic Health Record Claims

    David Brown

    According to recent data from Diederich Healthcare, medical malpractice verdicts and settlements — including claims related specifically to the electronic health record — have been on the rise since 2013. Lawyers representing medical providers must be up to date on the ins and outs of the EHR and its implications in a litigation setting, say David Brown Jr. and Emily Slay Walters of Watkins & Eager PLLC.

  • Carpenter Ruling May Be Turning Point In Digital Data Privacy

    Kim Peretti

    While the U.S. Supreme Court proclaimed its Carpenter holding was narrow, its unprecedented recognition of an individual’s privacy interest in data held by third parties could signal significant changes in privacy more generally, say attorneys with Alston & Bird LLP.