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Consumer Protection

  • 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.

  • September 11, 2018

    Tech Firms Push Gov't For Limits In Hoarding Security Flaws

    A group of major tech companies want governments to be more transparent about how they acquire and use cybersecurity flaws found in mass-market products for intelligence operations, according to a joint post from the companies.

  • September 11, 2018

    Tampa Bay Rays Face TCPA Suit Over Texted Ticket Ads

    The Tampa Bay Rays were hit with a Telephone Consumer Protection Act proposed class action in Florida federal court Tuesday by a man alleging the Major League Baseball team repeatedly texted him about upcoming games without obtaining his prior consent.

  • September 11, 2018

    Easton Must Go To Bat In False Ad Suit, Customers Say

    Easton Diamond Sports LLC can't strike out a proposed class action alleging it mislabels the weights of its expensive bats, the customer leading the suit has told a California federal court, saying the mere fact that he paid $160 for a "virtually useless" bat gives him standing to sue and should defeat Easton's motion to dismiss.

  • September 11, 2018

    CNA Looks To End Long-Term Care Denial Suit With $5M Deal

    CNA Financial Corp. has agreed to pay up to $4.85 million to settle claims that it wrongly denied policyholders long-term care coverage and will alter its policies to cover assisted living facilities in certain states it had previously denied.

Expert Analysis

  • 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.

  • NY Cyber Rules: Preparing For The September Deadline

    Richard Naylor

    If you began complying with the New York Department of Financial Services requirements last year, your cybersecurity program is already in place, which should streamline compliance for the next deadline. The controls required to be in place by Sept. 1, 2018, cover five areas, says Richard Naylor of Murphy & McGonigle PC.

  • ERISA Class Actions After Epic Systems

    James Baker

    U.S. Supreme Court Justice Neil Gorsuch's opinion in Epic Systems v. Lewis employed the same analytics used by Justice Antonin Scalia in three previous decisions. They strongly suggest the court would allow a mandatory arbitration clause with a class action waiver in the Employee Retirement Income Security Act context, says James Baker of Baker McKenzie.

  • Testing Mandate Is Straining California Cannabis Cos.

    Oren Bitan

    California’s Proposition 64 legalized recreational cannabis, but set a deadline of July 1, 2018, for cannabis products to be tested for a range of toxic substances. Since then, one in every five pot samples have failed required testing, posing big challenges for the industry, says Oren Bitan of Buchalter PC.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • AI In Lending: Key Challenges And Practical Considerations

    David Stein

    A recent report from the U.S. Treasury Department discussed the use of artificial intelligence in financial services and identified related legal challenges. There is little risk of financial regulators taking proactive steps to restrict the use of AI, but existing laws and regulations adopted long before its advent remain in effect, says David Stein of Covington & Burling LLP.

  • Why Bristol-Myers Applies To Absent Class Members: Part 3

    Brian Troyer

    Since the U.S. Supreme Court's Bristol-Myers Squibb decision, some courts have acknowledged that class certification is a form of joinder like traditional joinder, even while arguing that they do not need independent jurisdiction over class members’ claims. The irrational results speak for themselves, says Brian Troyer of Thompson Hine LLP.

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.