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Consumer Protection

  • July 11, 2018

    4 Kavanaugh Arguments You Gotta Hear

    President Donald Trump's nomination of D.C. Circuit Judge Brett Kavanaugh to a seat on the U.S. Supreme Court has sent everyone scrambling to read what the jurist has written, but how about what he's said? Here, Law360 presents an interactive audio tour of four key Judge Kavanaugh arguments.

  • July 11, 2018

    FCC Needs More Info Before Gutting Kids' TV, Sens. Warn

    Sens. Ed Markey and Richard Blumenthal warned Wednesday that the Federal Communications Commission is taking a step toward rolling back rules governing children’s educational TV programming without adequately sussing the impact of such a change on young minds and low-income households.

  • July 11, 2018

    Trump Retools Fraud Task Force To Focus On Consumers

    The Trump administration disbanded an Obama-era financial fraud task force on Wednesday, replacing it with another multiagency group led by the U.S. Department of Justice that targets a broader range of economic crimes — especially fraud on consumers and the government.

  • July 11, 2018

    Kennedy's Legacy Remains Alive In Kavanaugh’s Nomination

    Over his four decades on the federal bench, there was one clerk U.S. Supreme Court Justice Anthony Kennedy always praised effusively. Now, that clerk could be replacing the retiring justice on the high court.

  • July 11, 2018

    Senate Panel Gearing Up For Kavanaugh Vetting Fight

    The Senate Judiciary Committee has already begun what will be a lot of heavy lifting to get ready for a confirmation hearing on U.S. Supreme Court nominee Brett Kavanaugh, which could come before September, by staffing up and preparing to review hundreds of thousands of documents.

  • July 11, 2018

    What Civil Rights Rulings Could Look Like Under Kavanaugh

    U.S. Supreme Court nominee Brett Kavanaugh's record on immigration, employee rights and health care suggests he could side more closely with high court conservatives than civil rights advocates would like, paving the way for closely watched rulings on some of the nation's most controversial issues.

  • July 11, 2018

    FCC Must Probe Carriers' Sharing Of User Data, Panel Hears

    The Federal Communications Commission must further probe the sharing of sensitive customer information collected by telecom providers and passed on to third parties without clear procedures for obtaining the users' consent, a House subcommittee on technology heard Wednesday.

  • July 11, 2018

    Veggie Burger Buyers Ask For Cert. In Kellogg Labeling Row

    A proposed class of consumers on Wednesday asked a California federal court for certification in their suit against Kellogg Co. over its alleged mislabeling of veggie burger products as "made with natural ingredients," arguing that certification is appropriate because the claims arise from the food company's uniform labeling policy.

  • July 11, 2018

    Honda Owners Seek Final Approval Of CR-V MDL Settlement

    Honda CR-V owners on Tuesday moved for final approval of a settlement that would resolve long-running multidistrict litigation by requiring the automaker to publicize free repairs of a defect that causes CR-Vs to shake excessively, noting that Honda's customer outreach program is already underway.

  • July 10, 2018

    Calif. Must Pay Back $331M To Mortgage Settlement Fund

    A California appeals court on Tuesday said Gov. Jerry Brown and his government must immediately put $331 million back into a mortgage settlement fund paid by Bank of America Corp., Citigroup Inc. and others, issuing a more urgent ruling than the one laid out by the trial court.

  • July 10, 2018

    UK Fines Facebook £500K Over Data Harvest Scandal

    The U.K.’s Information Commissioner's Office hit Facebook Inc. with the maximum penalty of £500,000 — about $660,000 — Tuesday for two violations of the Data Protection Act of 1998 in relation to the revelation that the social media giant allowed a political consulting firm to access the data of tens of millions of users in the lead-up to Brexit.

  • July 10, 2018

    'Not A Complicated Case': Kavanaugh's Straightforward Style

    There's no argle-bargle in Judge Brett Kavanaugh's opinions. Instead, he's made a name for himself on the D.C. Circuit with clear, concise writing.

  • July 10, 2018

    Test Cos. Face Ill. Biometric Lawsuits Over Finger, Vein Scans

    A pair of educational testing companies incorporate fingerprint and finger vein scans to verify test-takers’ identities in violation of Illinois’ biometric privacy law, according to a pair of proposed class actions filed Monday.

  • July 10, 2018

    Kavanaugh's Privacy Views Could Boost Gov't Access To Data

    U.S. Supreme Court nominee Brett Kavanaugh's record on Fourth Amendment issues suggests that he might side with law enforcement in a slew of emerging privacy disputes left unresolved by the high court's Carpenter ruling in June — including whether the government needs a warrant to get at troves of user data held by tech giants.

  • July 10, 2018

    Kavanaugh Could Mean High Court Trouble For CFPB

    D.C. Circuit Judge Brett Kavanaugh would bring to the U.S. Supreme Court a skepticism of regulatory agency authority that could be a boon for the financial services industry and a bummer for the Consumer Financial Protection Bureau, experts say.

  • July 10, 2018

    Monsanto Discussed Downplaying Roundup Risks, Jury Hears

    A Monsanto scientist faced questions Tuesday about internal company emails proposing he “ghostwrite” research downplaying a purported link between cancer and its top-selling weed killer Roundup during a first-of-its kind California jury trial over claims the herbicide caused a retired groundskeeper's lymphoma.

  • July 10, 2018

    9th Circ. Dismisses Class Actions Over Slave Labor Labeling

    The Ninth Circuit on Tuesday shut down six separate but related proposed consumer class actions alleging that a handful of candy and pet food companies weren’t disclosing on their labels that child slave labor is used in their supply chains, tying up loose ends left after a June decision rejecting the claims.

  • July 10, 2018

    Walmart Challenges Shoppers' Self-Checkout Video Suit

    Walmart asked a California federal court Monday to toss a suit brought by a proposed class of consumers claiming video cameras that record customers’ faces during self-checkout violate state privacy law, arguing that a person’s “personal likeness” does not constitute “personal identification information.”

  • July 10, 2018

    'Shaky' Evidence Of Roundup-Cancer Link Admissible At Trial

    A California federal judge Tuesday rejected Monsanto Co.’s bid to block multidistrict litigation alleging the company’s Roundup weed killer causes cancer and said he’d permit three of the consumer plaintiffs’ experts to testify in the case, concluding their opinions, "while shaky, are admissible."

  • July 10, 2018

    Dems Need Unified Front To Combat Trump's High Court Pick

    U.S. Senate Democrats have launched their drive to block President Donald Trump's choice of D.C. Circuit Judge Brett Kavanaugh for the U.S. Supreme Court, but the math indicates they must make sure their party ranks hold together.

Expert Analysis

  • Series

    From Lawmaker To Lawyer: DC Isn't As Bad As You Think

    Norm Coleman

    Popular culture paints the Hill as a place teeming with intrigue, corruption and malicious intent. But in Congress I learned important lessons about respecting people and the work they do, says former Sen. Norm Coleman, R-Minn., of Hogan Lovells.

  • New, Improved Rules For 'High Volatility' Real Estate Loans

    Martin Taylor

    The new Economic Growth, Regulatory Relief and Consumer Protection Act reforms widely unpopular rules relating to high volatility commercial real estate loans, making it easier to reclassify loans as non-HVCRE acquisition, development and construction loans, say Martin Taylor and Jon Nomura of Troutman Sanders LLP.

  • Series

    From Lawmaker To Lawyer: 6 Things I Learned In Congress

    Charles Gonzalez

    I found that senior members of Congress didn’t have time to mentor younger members. Lawyers — though just as busy as members of Congress — cannot afford to follow this model, says former Rep. Charles Gonzalez, D-Texas, of Ogletree Deakins Nash Smoak & Stewart PC.

  • Cheers To 80 Years Of The Food, Drug, And Cosmetic Act

    Ebunola Aniyikaiye

    Eighty years ago, President Franklin D. Roosevelt signed the Federal Food, Drug, and Cosmetic Act. In recognition of this anniversary, attorneys at Epstein Becker Green review how the act came to be, how it has evolved, and how the U.S. Food and Drug Administration is enforcing its authority under the act to address the demands of rapidly evolving technology.

  • Checkbook IRAs And Digital Assets: A Bet Against The House

    Seth Pierce

    Since a 2014 tax ruling that permits holding digital currency in tax-deferred retirement accounts, investment companies have sprung up encouraging people to roll their traditional retirement investments into cryptocurrencies. But investment vehicles of dubious legality may lead to loss of tax deferral and penalties for early withdrawal, says Seth Pierce at Mitchell Silberberg & Knupp LLC.

  • Win For Zen Magnets Still A Good Precedent For The CPSC

    Matthew Howsare

    A federal judge's June 12 ruling that Zen Magnets' due process rights were violated by the U.S. Consumer Products Safety Commission puts CPSC commissioners on notice that their public statements can be used against them if they suggest a prejudgment. But the decision supports the commission’s authority to interpret its own regulations, say attorneys with Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Opinion

    BigLaw's Associate Salary Model Is A Relic Of A Bygone Era

    William Brewer

    Legal industry compensation practices are once again in the news as BigLaw firms continue to match the new high watermark of $190,000 for first-year associate salaries. The typical model of increasing associate salaries uniformly fails star associates, the firms they work for and, ultimately, the clients they serve, says William Brewer, managing partner of Brewer Attorneys & Counselors.

  • The PHH Decision And The Future Of CFPB

    Eric Mogilnicki

    When Consumer Financial Protection Bureau Acting Director Mick Mulvaney recently dismissed the bureau’s case against PHH Corp., it marked the end of an important chapter in the short life of the new agency and provided valuable lessons for its future, says Eric Mogilnicki of Covington & Burling LLP.

  • Tips For Keeping FDA Advisory Action Letters Out Of Court

    Jaime Davis

    The U.S. Food and Drug Administration often gives drug and device manufacturers notice of perceived violations by sending advisory action letters. Plaintiffs counsel may seek to admit such letters in litigation, but there are multiple ways defendants can try to keep juries from seeing them, say Jaime Davis and Caitlyn Ozier of King & Spalding LLP. 

  • Defenses Remain For Companies In Calif. Call Recording Suits

    Joshua Briones

    Many defendants settle California Invasion of Privacy Act cases out of fear that courts will find violations even where no confidential information is recorded and where no one is harmed. But several decisions in the first half of 2018 provide these defendants with additional strategies, say Joshua Briones and Crystal Lopez of Mintz Levin Cohn Ferris Glovsky and Popeo PC.