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Consumer Protection

  • January 11, 2019

    Judge Sours In Yogurt Co. Fight, Calls Attys 'Children'

    The back-and-forth between Chobani and Dannon in a dispute over the sugar content of the companies' yogurt drinks left a bad taste in the mouth of a New York federal judge, who chided the attorneys for "behaving like small children" Friday in a terse response to a motion.

  • January 11, 2019

    9th Circ. OKs Dismissal of Southwest Refund Policy Spat

    A Ninth Circuit panel issued an unpublished opinion on Thursday affirming the dismissal of a putative class action alleging Southwest Airlines Co.'s travel-credit policy for refunds on canceled flights has hidden exceptions that obscure when the credit expires, finding that the passengers were given clear notice of the expiration date.

  • January 11, 2019

    Ballard Spahr Nabs First Amendment Litigator In Minneapolis

    Ballard Spahr LLP has scored a First Amendment attorney from Faegre Baker Daniels LLP who has a track record of representing news organizations and others against defamation and libel claims, the firm announced.

  • January 11, 2019

    AT&T Ran The Show, Vendor Says In TCPA Suit Arbitration Bid

    A company accused of making unsolicited phone calls for AT&T is again urging an Illinois federal judge to send a putative class action lodged under the Telephone Consumer Protection Act to arbitration, arguing that the discovery process has proven it was indeed acting as an agent for the telecom giant.

  • January 11, 2019

    Most LegalForce Claims Against Rival UpCounsel OK'd

    A California federal judge has allowed most claims of false advertising and unfair competition brought by an intellectual property firm against online legal company UpCounsel Inc. to continue.

  • January 11, 2019

    NJ Justices Won't Hear Challenge To $5.4M Junk Fax Ruling

    The New Jersey Supreme Court has declined to review an appeals court ruling that an insurer must pay damages only to the representative of a class action, not the whole class, over a media company’s unsolicited faxes, according to an order released Friday.

  • January 11, 2019

    Consumers In All 50 States Sue Marriott Over Data Breach

    A total of 176 plaintiffs from all 50 U.S. states have filed suit against Marriott International Inc. in Maryland federal court following its recent announcement that attackers in a 2016 data breach swiped about 5.25 million passport numbers left unencrypted by the Starwood Hotels unit's guest reservation system.

  • January 11, 2019

    Coinbase Can’t Nix Bitcoin Cash Rollout Suit, Buyers Say

    A proposed class of cryptocurrency buyers suing Coinbase Inc. over its rollout of bitcoin cash urged a California federal judge Thursday to block the company and a pair of executives from escaping their claims, saying the allegations of negligence and fraud in its complaint are clearly spelled out.

  • January 11, 2019

    $29M Yahoo Breach Deal In Calif. Ends Chancery Suit In Del.

    Parties to a Delaware derivative action over data breaches at Yahoo filed a stipulation of dismissal Friday in the state’s chancery court, saying a settlement in a similar California suit resolved the claims here.

  • January 11, 2019

    Del. Judge Refuses Mass. AG's Bid To Kill Starion Ch. 11

    A Delaware bankruptcy judge denied a bid to dismiss the Chapter 11 case of utility provider Starion Energy Inc. on Friday, saying the company filed in good faith and was facing imminent financial distress when it submitted its petitions in November.

  • January 11, 2019

    Las Vegas Show Co. Customers Win Partial Cert. In TCPA Suit

    A Nevada federal court granted partial certification Thursday to a group of customers who received automated text message advertisements after buying tickets from a Las Vegas-based production company, ruling that messages sent aren't weighed the same as those received.

  • January 11, 2019

    NJ Insurer Can't Duck $100K Fine For Deceptive Mailers

    A New Jersey appeals court on Friday affirmed a $100,000 fine regulators imposed on First Jersey Insurance Agency over its advertisements announcing impending Medicare gap coverage hikes, ruling that the mailings violated state insurance laws.

  • January 11, 2019

    E-Signing Bound Kaplan Student To Arbitration, 3rd Circ. Says

    A Kaplan University student consented to an arbitration agreement when she signed up for online classes, even if she electronically signed the enrollment packet and did not notice the arbitration clause within it, a Third Circuit panel ruled Thursday.

  • January 11, 2019

    Canada Dry Ginger Ale Label Settlement Gets Preliminary OK

    A California federal judge has granted preliminary approval to a potentially multimillion-dollar settlement of a class action claiming the maker of Canada Dry ginger ale misleadingly labeled its product as made with “real ginger.”

  • January 11, 2019

    US Blasts WTO Legal System Even After Tuna Label Victory

    The Trump administration's persistent criticism of the World Trade Organization's legal wing continued in earnest Friday, even as the WTO cemented a U.S. victory in a long-running dispute over its "dolphin-safe" tuna labels brought by Mexico.

  • January 10, 2019

    Definition Of Contract Elusive In Airline 'Exit Fees' Suit

    The question of what constitutes the ticket contract for passengers pursuing a putative class action over "exit fees" they claim a Venezuelan airline imposed by surprise before allowing them to depart Miami proved elusive as the airline argued Thursday for the case to be dismissed a second time.

  • January 10, 2019

    EU 'Right To Be Forgotten' Shouldn't Be Global, Adviser Says

    An adviser to the European Union's highest court recommended Thursday that the "right to be forgotten" — which requires search engines such as Google to delete content that users find irrelevant or embarrassing — should be limited to the EU and not be applied globally, as France's data protection authority had argued. 

  • January 10, 2019

    Investors Sue Google Parent Execs Over Privacy, Harassment

    A proposed class of shareholders accused Google parent Alphabet's board of directors in California state court Wednesday of concealing data privacy issues and issues of sexual harassment and discrimination, ultimately propping up the stock price until the truth about these issues emerged.

  • January 10, 2019

    9th Circ. Tosses Suit Over 'Useless' Vitamin E Supplements

    A Ninth Circuit panel on Thursday threw out a putative consumer class action claiming that the labels on Nature’s Bounty Inc. vitamin E supplements falsely advertise health benefits, finding that there was not enough evidence the supplements are “actually harmful, as opposed to simply useless” at promoting immune health.

  • January 10, 2019

    What All Attorneys Need To Know About The Shutdown

    As the government shutdown drags on, Law360 is compiling answers to some of the most pressing questions on attorneys' minds.

Expert Analysis

  • 5 Food Labeling Litigation Trends To Watch In 2019

    Trent Taylor

    As 2019 shapes up to be another eventful year for food labeling litigation, companies should keep a close eye on several developments, including the evolution of "natural" claims and the re-emergence of the reasonable consumer standard, say attorneys with McGuireWoods LLP.

  • What To Expect From Technology-Assisted Review In 2019

    Thomas Gricks

    2018 will be remembered as a transition year for technology-assisted review, and 2019 will likely see a continued focus on how we use TAR, with refinement and expansion across the board, says Thomas Gricks of Catalyst Repository Systems LLC.

  • 5 Hidden Lessons In Mayweather, Khaled ICO Actions: Part 2

    John Reed Stark

    If you're looking for new guidance from the U.S. Securities and Exchange Commission on crypto-financing and initial coin offerings, look no further than the recently settled DJ Khaled and Floyd Mayweather administrative enforcement actions. But you may need to read between the lines, says John Reed Stark of John Reed Stark Consulting LLC.

  • New Enforcement Actions For COPPA's 20th Anniversary

    Sheila Millar

    The recent $4.95 million Children’s Online Privacy Protection Act penalty paid by Oath Inc. is the largest since the law was enacted in 1998, and signals that protecting children’s privacy is likely to remain high on the agenda for both the Federal Trade Commission and state attorneys general, say Sheila Millar and Tracy Marshall of Keller and Heckman LLP.

  • 2019 Will Bring More Good News For Litigation Finance

    Alan Guy

    Last year saw another round of year-over-year growth in litigation finance, as debates shifted from whether it should be permitted to how it can best be managed. The exciting news, says Alan Guy of Vannin Capital PCC, is that 2019 seems likely to bring more of the same.

  • Top 5 Drug And Medical Device Developments Of 2018

    Christine Kain

    Attorneys at Faegre Baker Daniels LLP look back at the past year's most significant legal events and trends in the drug and medical device sphere, highlighting important implications for those in the industry.

  • 5 Hidden Lessons In Mayweather, Khaled ICO Actions: Part 1

    John Reed Stark

    The U.S. Securities and Exchange Commission's recent settlements with professional boxer Floyd Mayweather and music producer DJ Khaled provide indispensable insight into the views of the SEC enforcement staff and commissioners regarding initial coin offerings, says John Reed Stark of John Reed Stark Consulting LLC.

  • Why More Law Firms Will Embrace Remote Work In 2019

    Tomas Suros

    Leveraging technology in a fiercely competitive market is a key factor driving law firms toward technology adoption in 2019, as they face growing demand from legal talent and clients for the ability to connect, access and control information whenever and wherever needed, says Tomas Suros of tech provider AbacusNext.

  • 3 Key Food And Beverage Trends To Watch In 2019

    Angela Spivey

    As we ring in the new year, attorneys with Alston & Bird LLP discuss what to expect from slack-fill litigation, partially hydrogenated oil-related lawsuits, and the messy regulatory landscape of cannabidiol and THC edibles.

  • 5 Most-Read Legal Industry Guests Of 2018

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    Law360 guest authors weighed in on a host of key legal industry issues this year, ranging from in-house tips for success and open secrets about BigLaw diversity to criticisms of the equity partnership and associate salary models. Here are five articles that captured the most attention.