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Consumer Protection

  • December 4, 2018

    Debt Collector Can’t Head Off Class Cert. In Student Loan Suit

    A New Jersey federal judge has refused to toss a class action alleging a debt collector violated the law by misrepresenting that late charges can accrue on a student loan after its default, ruling that the suing borrower sufficiently alleged a solid, specific injury and met the requirements for class certification.

  • December 4, 2018

    Cellphone Users Get Cert. In Pizza Hut TCPA Suit

    A Florida federal judge has certified a class of cellphone users who claim that Pizza Hut franchises breached the Telephone Consumer Protection Act by texting them unsolicited advertisements after their friends had passed on the users' numbers during a promotion.

  • December 4, 2018

    Navient Says Student Loan Forgiveness Suit Is Preempted

    Navient Corp. has asked a New York federal court to throw out a proposed class action accusing the student loan servicing giant of misleading millions of borrowers about accessing a federal loan forgiveness program, saying the suit’s claims are preempted by federal law.

  • December 4, 2018

    Chicken Farm Can't Avoid Groups' Suit Over '100% Natural' Ad

    A California federal judge has denied an attempt by Sanderson Farms Inc. to dismiss a suit by a pair of nonprofits alleging its chicken is falsely labeled "100 percent natural," saying a revised complaint sufficiently backs the groups' claims that the company's marketing is deceptive.

  • December 4, 2018

    11th Circ. Revives Suit Over Protein Powder Labels

    Hi-Tech Pharmaceuticals Inc. will get another shot at rival supplement maker HBS International Corp. over the allegedly misleading labeling on its HexaPro protein powder mix, after the Eleventh Circuit on Tuesday reversed the dismissal of Hi-Tech's Lanham Act claims.

  • December 4, 2018

    AOL Successor Pays NY $4.95M In Largest-Ever COPPA Deal

    AOL’s successor has agreed to pay $4.95 million to resolve allegations that the online service provider violated the Children’s Online Privacy Protection Act, marking the largest-ever penalty in a COPPA enforcement matter in U.S. history, according to the New York Attorney General’s Office Tuesday.

  • December 4, 2018

    Alleged HIPAA Lapses Spark $500K Deal With Fla. Doc Group

    A Florida physician contractor has agreed to settle possible Health Insurance Portability and Accountability Act violations stemming from the disclosure of more than 9,000 patients' health information to a third-party company without making sure certain protections were in place, the U.S. Department of Health and Human Services announced Tuesday.

  • December 4, 2018

    6 NECC Workers Had Role In Drug Fraud, Feds Say In Closing

    Prosecutors on Tuesday urged a jury after seven weeks of testimony to convict six former employees of the Massachusetts compounding pharmacy whose steroids sparked a deadly meningitis outbreak in 2012, saying they participated in a scheme to defraud federal regulators and ship out unsafe drugs to medical facilities around the country.

  • December 4, 2018

    Met Opera Wants Out Of ADA Suit Over Outside-Food Rules

    The Metropolitan Opera seeks to escape a diabetic man's proposed class action in New York federal court claiming the venue violates the Americans with Disabilities Act because it doesn't let people with metabolic disorders bring in outside food, saying it doesn't prohibit such activity and the man suffered no injury.

  • December 4, 2018

    Nissan Drivers Seek Class Cert. In Engine Defect Suit

    Car consumers asked a Massachusetts federal judge on Monday to certify five classes in a putative class action against Nissan Motor Co. Ltd. and its American arm, Nissan North America Inc., alleging that the automaker violated consumer protection and breach-of-warranty laws by concealing dangerous engine defects.

  • December 4, 2018

    Data-Driven Lawyer: Littler's Scott Forman

    Littler Mendelson PC shareholder Scott Forman's innovative case management platform helps his firm analyze litigation data, craft defense strategies, predict outcomes and greatly reduce client costs, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • December 4, 2018

    Shook Hardy Kicked Off Monster Energy False-Ad Suit

    A partner at Shook Hardy & Bacon LLP has been disqualified from representing Monster Energy Co. in a false advertising suit in California federal court against rival Vital Pharmaceuticals Inc. after a judge found that his past representation of the rival company was enough to kick him and the firm off the case.

  • December 3, 2018

    Marriott Hack Shows Risks Of Lax Cyber Diligence In Mergers

    When hotel giant Marriott International Inc. merged with rival Starwood Hotels in 2016, it also unwittingly bought a reservation database where the company said Friday intruders were lurking undetected, illustrating the risks of missing cybersecurity gaps during due diligence.

  • December 3, 2018

    Attys Score $20M From $61M Dish TCPA Verdict

    Attorneys representing 18,000 consumers in a Telephone Consumer Protection Act suit against Dish Network LLC will walk away with $20.4 million in fees, a third of the hard fought $61 million verdict they secured for the class, a North Carolina federal judge ruled Monday.

  • December 3, 2018

    Atty Fighting Sanctions Says Lies Ignored In Insys Case

    An attorney for the billionaire founder of Insys Therapeutics filed documents in Boston federal court Monday to suggest that prosecutors believed a then-suspect who is now cooperating with prosecutors in the company's bribery case was lying to them in a 2016 proffer, but chose not to prosecute him for the lies.

  • December 3, 2018

    Marriott Hit With Multiple Suits After Massive Data Breach

    Marriott International Inc. has been hit with at least a dozen putative class actions in U.S. federal and Canadian courts by customers who said their privacy was violated by a massive data breach affecting 500 million guests and by a shareholder who alleged the company falsely inflated its cybersecurity bona fides.

  • December 3, 2018

    Google Says Users Lack Standing In High Court Privacy Row

    A dispute before the U.S. Supreme Court over the fairness of an $8.5 million privacy deal that requires Google to pay nothing to class members has heated up, with the tech giant and the federal government arguing that the plaintiffs have failed to meet the Article III standing bar established by the high court’s Spokeo decision.

  • December 3, 2018

    Mass. Power Retailer Asks For $6M In Ch. 11 Financing

    A Massachusetts power retailer sought permission Monday to borrow $6 million on a post-petition basis in Delaware bankruptcy court to fund the administration of its case while it seeks the release of about $4 million in withheld funds.

  • December 3, 2018

    FCC Blocks Release Of Net Neutrality Comment Log Info

    The Federal Communications Commission has affirmed staff decisions to withhold all information from its online comment logs that could unmask the identities of nefarious participants in the 2017 reversal of Obama-era net neutrality rules, citing privacy concerns.

  • December 3, 2018

    CSC Holdings Can't Put A Stop To Customer's TCPA Suit

    A federal judge has partly rejected a telecommunications company's bid to toss a proposed Telephone Consumer Protection Act class action claiming that it sent unsolicited text messages, saying the customer's claims regarding one of the three text messages he received will stand.

Expert Analysis

  • Opinion

    Time To Reclaim Wellness For All Lawyers

    Leesa Klepper

    The decision last month by Baker McKenzie’s global chairman to step down due to exhaustion indicates that the legal profession needs to mount a broader wellness effort to address long hours, high stress, frequent travel and the daily demands of practice, says Leesa Klepper, director of Thrivewell Coaching.

  • A Look At Tax Code Section 199's Last Stand

    Kevin Spencer

    The IRS has increased scrutiny for Internal Revenue Code Section 199 deductions taken against profits from film, computer software, electricity, natural gas, potable water, tangible personal property and certain sound recordings. Though 199 was repealed by tax reform, battles over this contentious deduction are sure to continue for some time, say attorneys at McDermott Will & Emery LLP.

  • Opinion

    Courtroom Doors Open To Legal Assaults On Manufacturers

    Linda Kelly

    By denying certiorari in the lead cleanup case ConAgra Grocery v. California, the U.S. Supreme Court missed an opportunity to impose rational limits on what could become an unbounded catch-all tort, says Linda Kelly, general counsel of the National Association of Manufacturers.

  • What To Remember About Calif.’s Right To Be Forgotten

    Grant Davis-Denny

    The California Consumer Privacy Act allows residents to request that a business delete from its systems the consumer’s personal information. Grant Davis-Denny and Nefi Acosta of Munger Tolles & Olson LLP explore the contours and ambiguities of this new "right to be forgotten," and the challenges that it may raise for the regulated community.

  • Opinion

    AGs Are Now The 1st Round Draft Picks Of American Politics

    Joshua Spivak

    Given their recent track record and growing policy power, state attorneys general should be the group everyone is watching on Election Day. Chances are the winners of these races will move to higher offices soon enough, says Joshua Spivak, senior fellow at the Hugh L. Carey Institute for Government Reform at Wagner College.

  • Roundup Verdict Points To Jury Realities In Product Cases

    Matthew Gatewood

    A California jury was recently asked to determine whether the popular herbicide Roundup causes cancer. The case demonstrates how jurors often must draw conclusions on unresolved scientific issues, and how manufacturers that ignore complaints about product risks will struggle to overcome the image of corporate irresponsibility at trial, say attorneys with Eversheds Sutherland LLP.

  • Ohio Incentivizes Companies To Focus On Cybersecurity

    Sachin Java

    The few states that have adopted cybersecurity laws have implemented punitive approaches toward businesses that fail to comply. However, Ohio's Data Protection Act — which goes into effect on Friday — offers increased protection against litigation to ensure compliance, says Sachin Java of Gallagher Sharp LLP.

  • Olive Oil Class Settlement Is Good News For Defendants

    Sean Commons

    The Ninth Circuit recently affirmed a nationwide, claims-made class action settlement over use of the phrase “Imported from Italy” on bottles of olive oil made with olives from multiple countries. The ruling may herald a shift toward giving class action defendants some level of litigation certainty and finality, says Sean Commons of Sidley Austin LLP.

  • Why Current Laws Won't Protect Property Rights For DNA

    Franklin Zemel

    More than 12 million people have submitted their DNA for analysis to various genealogy companies such as Ancestry.com or 23andMe. But what if they don’t want that DNA shared with third parties? Based on current law, there is little that can be done about it, say Franklin Zemel and Ariel Deray of Saul Ewing Arnstein & Lehr LLP.

  • Protecting Law Firm Talent At Both Ends

    Susan Blakely

    By 2030, it is possible that 75 percent of lawyers practicing in the U.S. will be millennials. A broadened focus on retention and advancement of all young lawyers is therefore a logical step forward but it fails to address another major retention issue that law firms should explore, says Susan Smith Blakely of LegalPerspectives LLC.