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Consumer Protection

  • September 14, 2018

    Relators Slam Teva's Quick Win Bid In Overpaid Speaker Suit

    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 have urged a New York federal court to deny the drugmaker a quick win in their suit.

  • September 14, 2018

    ‘Sport’ Headphones Can’t Go The Distance, Suit Says

    A Santa Cruz-based electronics company has been sued in California federal court by a customer claiming the company’s headphones are not waterproof as advertised and have defective batteries prone to failure in less than a year.

  • September 13, 2018

    Google, Ad Cos. Accused Of Flouting EU Privacy Law

    Private web browser Brave is leading a push for the U.K. and Irish data protection commissioners to probe the practices of Google and other digital advertisers, alleging that the industry's broadcasting of personal data tied to targeted ads violates the European Union's General Data Protection Regulation.

  • September 13, 2018

    Firm Behind $289M Win Stays In Roundup MDL Despite Snafu

    The firm that recently won a $289 million state court verdict for a man who said Monsanto’s Roundup caused his cancer can participate in multidistrict litigation over the weedkiller, a California federal judge said Thursday, reversing his prior decision that the firm couldn’t participate at trial after an attorney allegedly posted sealed documents online.

  • September 13, 2018

    European Court Says UK Surveillance Violated Privacy Laws

    The United Kingdom's former regime for the bulk interception and collection of internet communications violated basic human rights by failing to ensure oversight of surveillance requests, the European Court of Human Rights said Thursday, a decision advocates hope will boost efforts to rein in other government spying tools. 

  • September 13, 2018

    FTC, LendingClub Should Settle False Ad Row, Judge Says

    A California federal judge Thursday seemed unconvinced by LendingClub’s bid to dismiss a Federal Trade Commission suit alleging it falsely promised consumers their loans come with “no hidden fees,” but when she learned the online lender had stopped making that promise, she encouraged the parties to settle and avoid “an enormous waste of court resources.”

  • September 13, 2018

    Let Receiver Probe Fake Google Agents' Devices, Judge Says

    A Florida federal judge entered a report Thursday recommending that a court-appointed receiver be granted access to personal laptops and cellphones belonging to two owners of a company the Federal Trade Commission claims tricked small businesses into paying fees to purportedly avoid being removed from Google listings.

  • September 13, 2018

    2nd Circ. Says No Harm, No Case In HSBC Late-Payment Row

    The Second Circuit agreed Thursday with a New York federal court ruling labeling a man’s argument to revive his proposed class action “flat-out wrong,” finding that the suit accusing HSBC Bank of failing to warn customers about late-payment penalties didn’t have standing.

  • September 13, 2018

    FTC Kicks Off Hearings On Evolving Technology, Markets

    The Federal Trade Commission kicked off its series of hearings Thursday aimed at assessing current enforcement policies in light of evolving technology and market conditions, with Chairman Joseph Simons saying the conversation has been brought about by concerns over corporate consolidation and calls for expanding the issues addressed by antitrust law.

  • September 13, 2018

    Centene Seeks To Avoid Class Action Over Provider Network

    Centene Management Company LLC has urged a federal court to toss a proposed class action alleging it misrepresented the size of a provider network, saying the amended suit is trying to second-guess Washington state regulators’ work.

  • September 13, 2018

    FDA Never Saw Birth-Defect Tests On GSK Drug, Families Say

    Families suing GlaxoSmithKline who claim the anti-nausea medication Zofran led to birth defects argued Thursday in Massachusetts federal court that crucial tests were not shown to the U.S. Food and Drug Administration when it rejected a correlation between the drug and defects as the families tried to beat the company's motion for summary judgment.

  • September 13, 2018

    CFPB's 1st Suit Under Mulvaney Targets Pension Advance Co.

    The Consumer Financial Protection Bureau filed its first new lawsuit under acting Director Mick Mulvaney on Thursday, targeting a California pension advance company that a number of state regulators and consumers have accused of making predatory loans disguised as asset sales.

  • September 13, 2018

    Pa. Appeals Court Won't Narrow Consumer Protection Law

    The Pennsylvania Superior Court upheld the “catchall” provision of the state’s consumer protection law, issuing a ruling Wednesday that a company can be sued for deceptive practices without the plaintiff having to show negligence or fraud.

  • September 13, 2018

    Attys May Face Sanctions After 'Egregious' Omission

    An Illinois federal judge threw out a Fair Debt Collection Practices Act suit and ordered the attorneys who filed it to explain why they should not be sanctioned for failing to mention a Seventh Circuit ruling that directly contravened the claims, calling the omission “egregious.”

  • September 13, 2018

    VW Says Investors Can’t Piggyback On German Probe

    Volkswagen AG on Tuesday told a New York federal judge that investors are relying on unproven accusations in a German antitrust probe to make their claims that the automaker inflated its stock price, and the automaker urged the court to strike the suit.

  • September 12, 2018

    NY Judge Nixes Rest Of Legal Funder Suit After Booting CFPB

    A Manhattan federal judge concluded Wednesday that her decision earlier this year that the Consumer Financial Protection Bureau is unconstitutionally structured and must exit a lawsuit accusing RD Legal Funding of scamming injured NFL players and 9/11 responders means that New York’s attorney general can’t proceed with the rest of the case, after all.

  • September 12, 2018

    Ed Dept. Stay Of Student Loan Rules Vacated As Arbitrary

    A D.C. federal court on Wednesday held that the U.S. Department of Education's delay of Obama-era student loan protection rules is based on an unlawful construction of the Higher Education Act of 1965.

  • September 12, 2018

    Unmanifested Defects Claims OK'd In GM Ignition Switch MDL

    A New York federal judge Wednesday found plaintiffs in dozens of states in the General Motors ignition switch MDL can recover damages even if the alleged defect never manifested and can recover earnings lost while dealing with the defect.

  • September 12, 2018

    Online Shoppers Seek Final OK On $3.3M TCPA Settlement

    A class of people who say they received unwanted telemarketing calls after they purchased children’s slippers online asked an Illinois federal judge to sign off on a $3.3 million settlement Tuesday, saying the hard-fought case has reached its conclusion.

  • September 12, 2018

    Law Schools Struggle To Find Themselves In Post-Recession Market

    Classes on blockchain and artificial intelligence. Crash courses in business and financial markets. These are a few ways law schools are preparing students for a job market that is struggling in the wake of the recession.

Expert Analysis

  • Cloudy With A Chance Of Price Gouging

    Richard Lawson

    After California Gov. Jerry Brown recently declared a state of emergency in several California counties due to fires in the area, the state attorney general issued a reminder that price gouging during this time is illegal under state law. However, price gouging statutes related to states of emergency are not limited to fires or California, say Richard Lawson and Shoshana Speiser of Manatt Phelps & Phillips LLP.

  • Plaintiffs May Be Hard-Pressed In New Olive Oil Cases

    Claudia Vetesi_

    This month, two lawsuits were filed in a California federal court against Transnational Foods Inc. and J.M. Smucker Co., alleging that certain products were misleadingly labeled as extra virgin olive oil when test results showed that the products were something else. But the complaints do not provide the test results or identify any applicable standards, say attorneys with Morrison & Foerster LLP.

  • 4 Key Components To New Firm Partnership Agreements

    Russell Shinsky

    A well-drafted partnership agreement protects a law firm's founders, establishes a process for new and outgoing partners, and sets forth guidelines for navigating conflict along the way. Startup firms can begin with something less complex, but there are important elements that every agreement should include, says Russell Shinsky of Anchin Block & Anchin LLP.

  • Why Lead Paint Litigation May Go To The Supreme Court

    Catherine Connors

    The U.S. Supreme Court has been asked to review ConAgra Grocery Products Co. and NL Industries v. People of California, a case that concerns whether companies that manufactured lead paint long ago can still be held liable for creating a public nuisance — and there's a decent chance cert will be granted, says Catherine Connors of Pierce Atwood LLP.

  • Opinion

    Open The Federal Courthouses

    David Oscar Markus

    Forget about cameras, reporters in the Manafort trial were not even permitted in the courtroom with their phones, tablets or computers. That meant no live reporting on Twitter and no emails to the newsrooms with updates. In a world focused on information and news as it happens, this is unacceptable, says trial attorney David Oscar Markus.

  • Assessing 'Concreteness' Under Spokeo In Northern Illinois

    Alex Egbert

    The U.S. Supreme Court's Spokeo decision left lower courts to flesh out history's and Congress' “important roles” when developing a workable legal standard for deciding whether an intangible injury is sufficiently “concrete.” Not surprisingly, the Northern District of Illinois “concreteness” determinations relying on Congress’ role tend to be ad hoc, say Alex Egbert and Tony Hopp of Steptoe & Johnson LLP.

  • Avoiding Legal Pitfalls In Podcast Advertising

    Gonzalo Mon

    So far, the rapidly growing podcast world has been largely immune from complaints, regulatory investigations and lawsuits involving advertisements. This has lulled some advertisers into a false sense of security about the risks of using the medium, say Gonzalo Mon and Ariel Collis of Kelley Drye & Warren LLP.

  • China Agritech May Cork Repeat TCPA Class Actions

    Ana Tagvoryan

    In Practice Management Support Services v. Cirque du Soleil, an Illinois federal court recently decertified a putative class action alleging Telephone Consumer Protection Act violations. The ruling is an indicator that, following the U.S. Supreme Court's decision in China Agritech v. Resh, courts are starting to rein in abuses of equitable tolling to plug up such interminable class action exposure, say attorneys with Blank Rome LLP.

  • Brexit: Bracing For A No-Deal Scenario

    Ross Denton

    Once considered the “cliff edge,” the possibility of the United Kingdom exiting from the European Union without agreeing on a trade deal has moved from unthinkable to increasingly likely. Both sides are ramping up preparations for a no-deal scenario, which would have significant implications for businesses in all sectors, say attorneys with Baker McKenzie LLP.

  • Inside Brazil's New Data Protection Law

    Jeremy Feigelson

    This month, Brazil enacted a law inspired by, and similar to, the EU General Data Protection Regulation. Companies both inside and outside Brazil will need to consider, among other things, whether to require their contractual counterparties to comply with this law, say attorneys with Debevoise & Plimpton LLP.