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Consumer Protection

  • June 18, 2018

    The Hurdles Facing BigLaw’s Minority Women

    We asked BigLaw for data on female minority lawyers for the first time this year, and the results show an industry that is failing to attract and retain them. Here’s a look at the challenges facing these attorneys — and how a few firms are defying the norm.

  • June 18, 2018

    The Best Firms For Minority Equity Partners

    The legal industry is making sluggish gains when it comes to attracting and retaining attorneys of color, but this select group of firms is taking broader strides to diversify at the top.

  • June 18, 2018

    LabCorp Shakes HIPAA Suit Over Data Intake Station Setup

    A D.C. federal judge axed a suit that accused Laboratory Corporation of America of violating the Health Insurance Portability and Accountability Act by failing to adequately shield its computer intake stations from public view, finding that the plaintiff could not mount an action based solely on the federal health privacy law. 

  • June 18, 2018

    Kohl's Customer Can't Get Refund In Discount Suit: 9th Circ.

    The Ninth Circuit ruled Monday that Kohl’s doesn’t have to pay a customer restitution for placing allegedly false markdowns on its price tags, in an unpublished decision that had the appeals court weighing in on an issue that has divided California federal courts.

  • June 18, 2018

    CFPB Nominee Could Open Door To Lengthier Mulvaney Stay

    President Donald Trump's decision to tap Kathleen Kraninger, an official at the Office of Management and Budget, to become the next director of the Consumer Financial Protection Bureau could clear the way for the agency's current acting Director Mick Mulvaney to remain in charge into next year and possibly longer, experts said.

  • June 18, 2018

    Justices Won't Review Lumber Liquidators Shoppers' Suit

    Lumber Liquidators Inc. shoppers will not get another chance to revive their putative class action against the business over claims its invoices ran afoul of state consumer protection laws after the New Jersey Supreme Court declined to second-guess a lower court ruling upholding the suit’s dismissal.

  • June 18, 2018

    Lyft Says TCPA Suit Can't Tie It To Unwanted Texts

    Lyft Inc. sought Friday to drop off a proposed class action alleging it sent unwanted text messages in violation of the Telephone Consumer Protection Act, arguing in California federal court that the consumers hadn't even shown how Lyft itself was responsible for sending the messages.

  • June 18, 2018

    Ex-Calif. Restaurateur Gets Law Firms’ Retaliation Claim Axed

    A California federal judge has granted a former Fresno restaurant owner's bid to toss counterclaims that two law firms brought in her suit alleging they ran a racketeering scheme by filing bogus Americans with Disabilities Act lawsuits, ruling that she cannot be sued for retaliation under the ADA.

  • June 18, 2018

    Amazon Urged Not To Sell Face-Recognition Tool To Gov't

    Some Amazon Inc. investors joined privacy advocates Monday in pressing the tech giant to stop selling its real-time facial recognition tools to law enforcement, citing human rights concerns that could hurt the company's stock price and spawn lawsuits.

  • June 18, 2018

    Dr. Oz Reaches $5M Settlement Over 'Miracle' Diet Pills

    Television personality Dr. Mehmet Oz agreed to pay $5.25 million in California federal court Friday to settle a proposed class action alleging he misrepresented the effectiveness of weight-loss supplements.

  • June 18, 2018

    In Their Own Words: Minority Partners On Reaching The Top

    Despite decades of industrywide initiatives, movement up the ladder has stagnated for minority lawyers. Here, five industry success stories tell Law360 about the paths they took and what needs to change in BigLaw.

  • June 18, 2018

    Ally Financial Settles Contract Fee Fight For $20M

    Ally Financial Inc. will pay $19.7 million to end a putative class action alleging the bank holding company subjected vehicle buyers to extra fees not listed on their lease-to-own agreements, according to a settlement agreement filed Friday in Florida federal court.

  • June 18, 2018

    Fiat Investors Win Cert. In Emissions-Fraud Losses Suit

    A New York federal judge certified a class of Fiat Chrysler investors in a stock-drop suit alleging the automaker lied about using emissions-cheating devices in vehicles in an effort to inflate the company's stock price.

  • June 18, 2018

    Samsung Washer Cases Paused As Panel Mulls Entry To MDL

    A New Jersey federal judge has placed on hold two class actions over Samsung Electronics America Inc.’s allegedly defective washing machines while a judicial panel determines if they should be folded into multidistrict litigation over the same issue.

  • June 18, 2018

    Google, Huawei Slam Discovery Bid In Phone Defect Suit

    Google LLC and Huawei Device USA Inc. urged a California federal judge on Monday to reject efforts to jump-start discovery in a suit accusing the tech giants of manufacturing defective Google Nexus 6P smartphones, calling the proposed class' new complaint "overreaching and unwieldy."

  • June 18, 2018

    High Court Rejects AT&T Data-Usage Arbitration Dispute

    The U.S. Supreme Court said Monday that it will not review a Ninth Circuit decision refusing to release a proposed class of AT&T wireless customers from arbitration of their claims that the company lied about its unlimited mobile data plan.

  • June 18, 2018

    Lumber Liquidators MDLs Get Initial OK For $36M Settlement

    A Virginia federal judge overseeing multidistrict litigation involving Lumber Liquidators’ alleged false statements that its laminate wood flooring complied with California Air Resource Board’s formaldehyde emissions limits preliminarily approved a $36 million agreement to end the litigation.

  • June 18, 2018

    High Court To Hear Apple's Appeal In Monopoly Case

    The U.S. Supreme Court on Monday took up Apple Inc.’s bid to quash a proposed consumer class action claiming the technology giant illegally monopolized the iPhone app market, a little more than a month after the Trump administration threw its weight behind the tech giant's request.

  • June 15, 2018

    Minority Lawyers On Why They Left BigLaw

    Despite the proliferation of diversity committees and inclusion initiatives, corporate law firms remain overwhelmingly white and male, especially at leadership levels. Here, minority attorneys discuss their reasons for leaving a large firm.

  • June 15, 2018

    Taking On The ‘Petri Dish’ Of BigLaw Bias

    The often-informal processes for deciding matters like compensation at law firms can create, as one expert put it, a “petri dish” for the effects of unconscious bias. Here’s how some firms are looking to shake up the system.

Expert Analysis

  • A Look At 2 GDPR-Inspired Privacy Bills In Senate

    Carroll_Katherine_Mooney_HRC.jpg

    The very public and high-profile allegations against Facebook have led to more discussion about data privacy than ever before within the U.S. Two pieces of proposed legislation have the potential to considerably change the U.S. data privacy regime, but it is not clear that either has a realistic chance of passing, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 2

    Craig Levinson

    I agree with the legal pundits speculating that NewLaw’s present and future disruptors will radically change the legal services industry, but that change may not come quite as rapidly as predicted. Regardless, now is the time for both the incumbents and the challengers to best position themselves for the eventual shakeup, says Craig Levinson, founder of Levity Partners.

  • Legal Risks For Consumer Products Cos. In 2018: Part 2

    Erin Bosman

    A recent survey of companies in the consumer products space reveals caseloads and issues of concern, the growing influence of the Federal Trade Commission, and trends in corporate legal departments’ budgeting, say Erin Bosman and Julie Park of Morrison & Foerster LLP.

  • Limited Comfort For Corporate Defendants Post-LabMD Ruling

    Stuart Gerson

    On the face of it, the Eleventh Circuit’s recent opinion in Federal Trade Commission v. LabMD might appear to be a major defeat for the agency and a significant victory for the company. But there is a problem: The panel undertook a cursory and questionable analysis of the scope of the FTC’s jurisdiction and ignored what should be a more fundamental question, says Stuart Gerson of Epstein Becker Green.

  • Legal Risks For Consumer Products Cos. In 2018: Part 1

    Erin Bosman

    Running a successful consumer products company has never been easy. Rapidly evolving technologies, an uncertain economy and changing government regulations appear primed to complicate the already challenging task of navigating legal issues, say Erin Bosman and Julie Park of Morrison & Foerster LLP.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 1

    Craig Levinson

    Legal pundits continue to make predictions that newer entrants into the industry — NewLaw firms, the Big Four and alternative legal service providers — will progressively seize greater amounts of market share from traditional law firms. But the BigLaw response has been underwhelming at best, and a glimpse at the market forces puts its lack of urgency into perspective, says Craig Levinson, founder of Levity Partners.

  • Digital Toy Data Breach Highlights Cybersecurity Concerns

    Erin Bosman

    In April, an Illinois federal judge powered down a proposed class action against VTech Electronics following a 2015 data breach of its internet-connected digital learning toys. But the breach also triggered a Federal Trade Commission enforcement action, resulting in a $650,000 settlement. Both developments illustrate the increasing exposure that the internet of things brings for consumer product manufacturers, say attorneys with Morrison & Foerster LLP.

  • A Better Method For Achieving Broader Class Action Reform

    Kahn Scolnick

    In recent months, the U.S. Department of Justice and many state attorneys general have addressed class action reform by objecting to proposed class action settlements. While we are sympathetic to concerns about class litigation abuse, what's needed is careful oversight at the earliest stages of litigation, say Kahn Scolnick and Bradley Hamburger of Gibson Dunn & Crutcher LLP.

  • Clarifying Standing In False Ad Cases At 9th Circ.

    Erik Swanholt

    Recent decisions by and within the Ninth Circuit elucidate the contours of Article III standing when plaintiffs seek injunctive relief in false advertising cases despite already having awareness of the claimed false advertising of the product, offering insights for companies defending against these types of claims, say Erik Swanholt and Kendall Waters of Foley & Lardner LLP.

  • 'Injury In Fact' Standing After Cambridge Analytica

    Michael Ruttinger

    If personally identifiable information has value — the lesson of the Cambridge Analytica scandal — courts may find themselves revisiting the long-marginalized theory that the lost opportunity to profit from your own private data is itself sufficient to show you have been injured, says Michael Ruttinger of Tucker Ellis LLP.