Consumer Protection

  • September 12, 2024

    8th Circ. Nixes $563M Verdict Against BMO Harris Over Ponzi

    The Eighth Circuit on Thursday struck down a $563 million verdict against BMO Harris NA over claims that a bank it acquired had aided and abetted Thomas J. Petters' multibillion dollar Ponzi scheme, ruling that the bank should have been allowed to raise a defense that would have barred the suit in the first place.

  • September 12, 2024

    Wells Fargo Ordered To Overhaul Sanctions, AML Compliance

    Wells Fargo faces fresh restrictions on launching new products and entering new markets, and must beef up its compliance and monitoring efforts around sanctions, anti-money laundering and other international business risks, under an enforcement action announced Thursday by the Office of the Comptroller of the Currency. 

  • September 12, 2024

    FCC Tells 6th Circ To Affirm Net Neutrality

    The Federal Communications Commission told the Sixth Circuit the agency acted well within the law when it reimposed net neutrality limits on broadband providers and urged the court to reject industry claims that the commission's authority to regulate high-speed internet service is a "major question" that only Congress may address.

  • September 12, 2024

    Crypto Wallet Co. Beats Colo. Class Action Over $100M Hack

    The developers and owners of cryptocurrency application Atomic Wallet have beaten a proposed class action over a hack last year that stole roughly $100 million in customers' assets, with a Colorado federal judge saying the suit doesn't have a strong enough connection to the Centennial State to proceed there.

  • September 12, 2024

    US Sanctions Cambodian Tycoon For Forced Labor Scam

    A prominent Cambodian businessman and his business entities were hit with sanctions from the Treasury Department for their role in human rights abuses related to forced labor and human trafficking, the department announced Thursday.

  • September 12, 2024

    Trading Firm EToro To Limit Crypto Sales, Pay $1.5M SEC Fine

    The U.S. Securities and Exchange Commission on Thursday ordered trading platform eToro USA LLC to pay a $1.5 million fine and stop U.S. customers from trading in all but the three largest crypto assets to settle the regulator's allegations that the firm operated as an unregistered broker and clearing agency.

  • September 12, 2024

    Court Seriously Overstepped In EUIPO Appeal, ECJ Told

    The General Court of the European Union overstepped when it decided to amend part of a decision by the EU intellectual property office based on a plea that it had raised in proceedings, an adviser told the bloc's highest court on Thursday.

  • September 12, 2024

    Linklaters Hires Shell's Qatar Legal Chief For Energy Practice

    Linklaters LLP has hired the head of legal for energy giant Shell in Qatar to become its global sector lead for its energy transition practice.

  • September 12, 2024

    UK Watchdog Waters Down New Capital Rules For Banks

    The Prudential Regulation Authority published Thursday the second part of its rules on capital requirements for banks and has delayed their implementation by six months to the beginning of 2026.

  • September 12, 2024

    Navient Agrees To Pay $120M To End CFPB Student Loan Case

    Navient Corp. would be barred from servicing federal student loans and required to pay $120 million to settle allegations related to its student lending practices under a proposed settlement the Consumer Financial Protection Bureau announced Thursday.

  • September 11, 2024

    Litigation Spending To Rise As Cases Grow More Aggressive

    A substantial number of large companies are expecting to increase their litigation spending by double digits next year in the face of more complex and hard-fought cases — and they are more open to bringing in new legal talent to navigate the matters, according to a report released Thursday. 

  • September 11, 2024

    Utah Social Media Law Blocked Amid 1st Amendment Fight

    A Utah federal judge has blocked the state from enforcing a new law requiring social media companies to verify the ages of minor users and impose restrictions on their accounts, saying the state law likely violates tech companies' First Amendment rights.

  • September 11, 2024

    FTC Fights Pa. Noncompete Ban Challenger's Pause Bid

    The Federal Trade Commission on Wednesday urged a Pennsylvania federal judge to reject a tree service company's bid to pause its challenge of the agency's noncompete ban, arguing that another district court's decision to set the ban aside nationwide doesn't justify a stay because the agency is mulling an appeal.

  • September 11, 2024

    Sprout Foods Can't Get 9th Circ. Redo In Baby Food Label Suit

    A split Ninth Circuit panel declined Tuesday to rethink its decision that federal law doesn't preempt a couple's California state law claim over allegedly misleading nutrition labels on Sprout Foods baby food labels.

  • September 11, 2024

    Top Calif. Biz Bills Sitting On Gov. Newsom's Desk

    Among the hundreds of bills awaiting California Governor Gavin Newsom's signature are a number that would create new guidelines for Golden State employers, healthcare industry players, as well as artificial intelligence labeling, textile recycling and increasing criminal penalties for corporate malfeasance by tens of millions of dollars.

  • September 11, 2024

    San Diego Utility Hit With Suit Over Wood Waste Runoff

    San Diego Gas & Electric is using a wood treatment mixture on its power poles and in its facilities that includes toxic chemicals that poison the environment and pose a danger to humans and animals nearby, according to a suit filed in California federal court Tuesday.

  • September 11, 2024

    Health Co. Owes $65M For Breach Of Medical Data, Nude Pics

    Pennsylvania-based healthcare company Lehigh Valley Health Network will pay $65 million to individuals who had their private information, including cancer patients' nude images, exposed in a data breach, the plaintiffs' lawyers announced Wednesday.

  • September 11, 2024

    EasyGroup Loses TMs After Suing For Infringement

    A London judge rejected a claim on Wednesday by easyGroup that EasyFundraising Ltd. was infringing its trademarks, as it concluded that the low-cost giant's brands covered different services.

  • September 11, 2024

    TD Bank To Pay $28M Over Consumer Reporting Failings

    The Consumer Financial Protection Bureau hit TD Bank with a $20 million fine on Wednesday for its failures over inaccurate consumer credit reports and ordered it to pay nearly $8 million to customers, four years after the regulator imposed a $122 million fine against the bank over illegal overdraft fees.

  • September 11, 2024

    NC Car Parts Biz Racks Up $10M In Fines For Cheat Devices

    A North Carolina automotive components business will pay a $2.4 million criminal penalty on top of a $7 million civil fine for dealing devices used to skirt federal vehicle emissions controls, the U.S. Department of Justice announced.

  • September 10, 2024

    Whole Foods, Hain Denied Full 5th Circ. Review In Baby Food Case

    The Fifth Circuit on Monday shut down a bid from grocery store chain Whole Foods and international food company Hain Celestial Group for a rehearing of a panel's decision remanding to state court a suit alleging Hain's baby food caused the mental and physical decline of a toddler.

  • September 10, 2024

    42 AGs Back Call For Social Media Warning Label Law

    A bipartisan group of 42 attorneys general urged Congress on Tuesday to introduce warning labels on social media platforms in a bid to tackle risks posed to young people's mental health.

  • September 10, 2024

    Lumen Exits Rural Broadband Program In Parts Of Colo.

    Lumen Technologies is backing out of its obligation to deploy broadband in some parts of Colorado and three other states where it won rights to participate in the federal subsidy program to bring internet and voice service to unserved rural homes and small businesses.

  • September 10, 2024

    Prime Hydration Beats Most Beverage PFAS Claims, For Now

    A California federal judge on Monday declined to end a putative class action accusing Prime Hydration of misleadingly marketing its Grape Sports Drink as healthy when it contains so-called "forever chemicals," although she tossed most of the lawsuit's claims with leave to amend.

  • September 10, 2024

    Cybersecurity Co. Beats Suit Over Med Tech Data Breach

    A Massachusetts federal judge declined to hold information security technology company Barracuda Networks Inc. liable over a 2018 data breach that exposed the confidential information of more than 277,000 patients of medical device maker Zoll Medical Corp.

Expert Analysis

  • Illinois BIPA Reform Offers Welcome Relief To Businesses

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    Illinois' recent amendment to its Biometric Information Privacy Act limits the number of violations and damages a plaintiff can claim — a crucial step in shielding businesses from unintended legal consequences, including litigation risk and compliance costs, say attorneys at Taft.

  • Gilead Drug Ruling Creates Corporate Governance Dilemma

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    If upheld, a California state appellate court's decision — finding that Gilead is liable for delaying commercialization of a safer HIV drug to maximize profits on another drug — threatens to undermine long-standing rules of corporate law and exposes companies to liability for decisions based on sound business judgment, says Shireen Barday at Pallas.

  • Class Action Law Makes An LLC A 'Jurisdictional Platypus'

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    The applicability of Section 1332(d)(10) of the Class Action Fairness Act is still widely misunderstood — and given the ambiguous nature of limited liability companies, the law will likely continue to confound courts and litigants — so parties should be prepared for a range of outcomes, says Andrew Gunem at Strauss Borrelli.

  • Unpacking The Latest FTC Guidance On Multilevel Marketing

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    Branko Jovanovic and Monica Zhong at Edgeworth Economics discuss the Federal Trade Commission's recent advice for multilevel marketers on how MLMs should approach their income and earnings reports, including participants costs, typical proceeds and distributor gains.

  • 3 Leadership Practices For A More Supportive Firm Culture

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    Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.

  • Attorneys Can Benefit From Reverse-Engineering Their Cases

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    Trial advocacy programs often teach lawyers to loosely track the progression of a lawsuit during preparation — case analysis, then direct examination, then cross-examination, openings and closings — but reverse-engineering cases by working backward from opening and closing statements can streamline the process and also improve case strategy, says Reuben Guttman at Guttman Buschner.

  • How Justices' E-Rate Decision May Affect Scope Of FCA

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    The U.S. Supreme Court’s eventual decision in Wisconsin Bell v. U.S., determining whether reimbursements paid by the E-rate program are "claims" under the False Claims Act, may affect other federal programs that do not require payments to be made by the U.S. Department of the Treasury, says David Colapinto at Kohn Kohn.

  • How Courts' Differing Views On Standing Affect PFAS Claims

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    Two recent opinions from New York federal courts — in Lurenz v. Coca-Cola, and Winans v. Ornua Foods North America — illustrate how pivotal the differing views on standing held by different courts will be for product liability litigation involving per- and polyfluoroalkyl substances, particularly consumer claims, say attorneys at Hollingsworth.

  • E-Discovery Quarterly: Rulings On Hyperlinked Documents

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    Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.

  • Loper Bright Limits Federal Agencies' Ability To Alter Course

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    The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.

  • How To Deploy AI In A Dangerous Threat Landscape

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    Businesses are feeling immense pressure to deploy generative artificial intelligence tools to accelerate profits and demonstrate their technological superiority to investors and consumers, and there are a few steps they can take when using AI tools to mitigate liability risks, say B. Stephanie Siegmann and Julianna Malogolowkin at Hinckley Allen.

  • Addressing The Growing Hazards Of Mass Arbitration

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    Though retail companies typically include arbitration provisions in their terms of service, the recent trend of costly mass arbitrations filed by plaintiffs may cause businesses to rethink this conventional wisdom, say attorneys at BCLP.

  • CFPB's Medical Debt Proposal May Have Side Effects

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    The Consumer Financial Protection Bureau’s recent proposal to prevent medical debt information from appearing on consumer reports and creditors from basing lending decisions on such information may have initial benefits for some consumers, but there are potential negative consequences that should also be considered, say attorneys at Cooley.

  • Series

    Teaching Scuba Diving Makes Me A Better Lawyer

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    As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.

  • Lawyers Can Take Action To Honor The Voting Rights Act

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    As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.

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