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Consumer Protection

  • 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.

  • September 12, 2018

    NM Sues App Maker, Google, Twitter Over Kids' Data

    New Mexico's attorney general launched a suit in federal court against app developer Tiny Lab and several of its advertising partners, including Google and Twitter, for allegedly flouting the Children's Online Privacy Protection Act by surreptitiously collecting and using kids' location information and other personal data to target advertising. 

  • September 12, 2018

    9th Circ. Upholds Settlement In Olive Oil Labeling Suit

    A California district court was right to approve a $1 million settlement that ended a mislabeling class action against an olive oil producer, the Ninth Circuit said, as it shot down an appeal challenging the fairness of the deal filed by prominent class action crusader Ted Frank.

  • September 12, 2018

    Kombucha Co.'s Labeling Suit Against Competitor Gets Boot

    A California federal judge Wednesday dismissed a kombucha maker’s claims a competitor misrepresents the sugar and alcohol content of its products, saying the plaintiff provided insufficient evidence the beverage is labeled incorrectly or that it was hurt by the alleged misrepresentations.

  • September 12, 2018

    Samsung Can't Nix Shattering Phone Camera Class Action

    A California federal judge said Wednesday she won’t toss a putative class action claiming Samsung sold defective smartphones with camera lenses covered with glass that spontaneously shatters, but said she wants to know “sooner than later” if millions of potential class members are bound by arbitration.

  • September 12, 2018

    Microsoft Calls For Limits On Gov’t Access To Consumer Data

    Microsoft has called for international agreements to protect consumer privacy and standardize law enforcement’s access to evidence, in an announcement that attorneys say, although constructive, raises more questions about how service providers will deal with international data grabs.

  • September 12, 2018

    Warranty Arbitration Clause Was Clear, NJ Justices Told

    Two home warranty companies on Wednesday urged the New Jersey Supreme Court to enforce their arbitration clause, arguing that a lower appeals court wrongly expanded the alternative dispute resolution language requirements set by high court precedent.

  • September 12, 2018

    Tech Firms Face 1 Hour EU Limit To Scrub Terrorist Content

    Tech companies could face massive fines in Europe for not removing terrorist content from their platforms within an hour of being notified, if legislation proposed Wednesday by the European Commission is approved.

  • September 12, 2018

    Sports Cos. Agree To Stop Saying Imported Gear Made In USA

    The Federal Trade Commission announced Wednesday that it's reached settlements in two cases concerning sporting goods companies allegedly selling imported equipment under a "Made in USA" label, securing agreements that the companies will stop falsely marketing the foreign-made hockey pucks, backpacks and other items as domestically produced.

  • September 12, 2018

    Akerman Adds CFPB, JPMorgan Consumer Finance Attys

    Akerman LLP has added two partners to its consumer finance practice, scoring a former Consumer Financial Protection Bureau attorney and a vice president and assistant general counsel at JPMorgan Chase to bolster its roster.

  • September 12, 2018

    UpCounsel Faked Attorney Ratings, Updated Suit Claims

    An intellectual property firm has beefed up its claims against an online marketplace for attorney services, saying that the site’s referral fees are an illegal fee sharing arrangement, but also that the site misleads consumers with thousands of fake five-star reviews and other gimmicks designed to funnel business to attorneys using the site.

  • September 11, 2018

    How A 'Lost Generation' Of Associates Bounced Back

    Caught in a whirlwind of firm dissolutions and layoffs, thousands of associates were thrust into one of the worst job markets in history a decade ago. While some have rebounded, others are still feeling the lingering effects of the financial crisis on their careers.

  • September 11, 2018

    Law School Agrees To Pay $2.65M To End Accreditation Suit

    The Charlotte School of Law has agreed to pay $2.65 million to end a proposed class action alleging the shuttered school misrepresented and failed to inform students and prospective students about its compliance with American Bar Association standards and the status of its accreditation once the ABA had placed it on probation.

  • September 11, 2018

    CFPB Urges 5th Circ. To Reject Constitutional Challenge

    The Consumer Financial Protection Bureau pushed back against a Mississippi check cashing and payday loan company's arguments that the federal agency is unconstitutionally structured, telling the Fifth Circuit that any such flaws no longer exist now that a new acting director is in charge, if they ever existed at all.

  • September 11, 2018

    Shutterfly Sends Groupon Promo Code Suit To Arbitrator

    A California federal judge ruled Tuesday that an arbitrator should decide if arbitration is the right course for a putative class action from a woman claiming that Shutterfly Inc.’s advertising on Groupon is deceptive, finding that this course of action is laid out in Shutterfly’s agreement.

  • September 11, 2018

    DC Seeks To Nix Suit Over Its Student Loan Servicer Regs

    The District of Columbia has asked a federal court there to throw out a lawsuit alleging that the city’s recent efforts to regulate student loan servicers are preempted by federal law, with several nonprofits weighing in that any such finding of preemption would be bad news for borrowers.

  • September 11, 2018

    Out-Of-State J&J Talc Suits Tossed From Delaware Courts

    A Delaware judge overseeing 200 suits alleging Johnson & Johnson’s talcum powder products cause ovarian cancer on Monday dismissed all of the suits brought by out-of-state plaintiffs, ruling J&J’s selling talc in Delaware isn’t enough for the state court to have jurisdiction in the wake of the U.S. Supreme Court’s Bristol-Myers Squibb ruling.

Expert Analysis

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • Sports Teams Need A TCPA Game Plan

    James Sammataro

    For professional sports franchises, texting is a wonderful fan-engagement tool. But it is also a potential legal hazard, as illustrated by several recent Telephone Consumer Protection Act class actions. If you want your fans screaming at the refs and not at you, heed five TCPA lessons, say attorneys with Stroock & Stroock & Lavan LLP.

  • Why A Hoverboard Suit Against Amazon Went Up In Flames

    Jed Winer

    Should an e-commerce firm be held liable for the defects of every item it sells on its global internet marketplace? The plaintiffs in Fox v. Amazon.com argued exactly that, and the district court answered with a resounding “no.” Online marketplaces are simply not in a position to supervise every product sold on their platforms, says Jed Winer of Weil Gotshal & Manges LLP.

  • San Francisco Follows Chicago With Privacy Plan

    Xiaoyan Zhang

    San Francisco is the second major city to take expansive action to protect residents from the misuse and misappropriation of their personal data by corporations for profit. However, this proposed policy initiative differs from Chicago's proposed ordinance in at least three major ways, say Xiaoyan Zhang and Ariana Goodell of Reed Smith LLP.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • What If The Auto Loan Securitization Market Crashes?

    Albert Fowerbaugh

    With memories of the Great Recession still fresh, fears that the auto loan securitization market is headed for a crash similar to the ill-fated residential mortgage backed securities market are on the rise. Albert Fowerbaugh and Julie Rodriguez Aldort of Butler Rubin Saltarelli & Boyd LLP consider the types of claims that various participants might assert if the market veers off course.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Opinion

    A Right To Carry Everywhere, On A Road To Nowhere

    Robert W. Ludwig

    On July 24, a Ninth Circuit panel applied textualist reasoning in Young v. Hawaii to secure a right for individuals to carry firearms in public. To end the gun epidemic — demonstrated in Chicago recently with 74 people shot in one weekend — it’s past time to turn a spotlight on the root cause: legal carelessness and oversights of text, says Robert W. Ludwig of the American Enlightenment Project.

  • 2nd Circ. Adds To Authority On Securities Law Preclusion

    Anthony Antonelli

    With its recent decision in Rayner v. E-Trade Financial — which unanimously affirmed the dismissal of a putative class action asserting state law best execution violations — the Second Circuit made a significant contribution to a collection of circuit court opinions on the Securities Litigation Uniform Standards Act, say attorneys with Paul Hastings LLP.

  • 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.