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Consumer Protection

  • November 30, 2018

    Tampa Bay Rays Can't Escape TCPA Suit Over Texts

    A Florida federal judge has denied MLB’s Tampa Bay Rays' attempt to dismiss a second putative class action accusing the team of sending unwanted text messages, saying it is too early to question whether the plaintiff consented to the texts.

  • November 30, 2018

    Ticketmaster Collusion Claims Could Spur Federal Regulation

    High prices and fees for tickets to popular sports and entertainment events have long drawn complaints from consumers, but recent allegations that Ticketmaster is monopolizing the secondary market have shined a light on the anti-competitive practices experts say are plaguing the industry and may prompt federal regulators to get involved.

  • November 30, 2018

    Distributor Fights Subpoena Bid In Poultry Price-Fixing Suit

    Meat distributor Porky Products asked an Illinois federal judge Thursday not to force it to fulfill lengthy and expensive subpoenas from plaintiffs accusing more than a dozen poultry producers of colluding to keep prices high, saying it is too far down the supply chain and is a nonparty in the litigation.

  • November 30, 2018

    Gov't Wants Insys Founder's Atty Sanctioned For Media Talk

    Prosecutors on Thursday asked a Boston federal judge to sanction the attorney for billionaire Insys Therapeutics founder John Kapoor, saying comments she made to the press were meant to "attack the credibility and testimony" of a co-defendant who recently pled guilty and agreed to cooperate with the government.

  • November 29, 2018

    Mass. US Atty Sends Warnings To Opioid-Prescribing Docs

    The U.S. Attorney for Massachusetts began sending warning letters this week to doctors who have prescribed opioids in significantly greater numbers than their peers or who have prescribed them to a patient who later died from an overdose, the prosecutor's office announced Thursday.  

  • November 29, 2018

    3M Seeks Broad MDL For Fire Suppressant Litigation

    3M Co. told the Judicial Panel on Multidistrict Litigation on Thursday that in addition to consolidating dozens of suits over a fire suppressant that allegedly contaminated groundwater and harmed humans, cases that aren't about the suppressant but feature the same underlying chemical group should be included, too.

  • November 29, 2018

    Ocean Spray Consumers Win Partial Cert In Labeling Suit

    A California federal judge granted partial certification Thursday to a class of Ocean Spray Cranberries Inc. consumers accusing the company of falsely advertising that its juice-based beverages don’t include artificial flavors, ruling that the class’ claims don’t quite stretch to breach of warranty.

  • November 29, 2018

    5th Circ. Overturns Arbitration Ruling In One Tech Suit

    A Fifth Circuit panel has overturned a ruling forcing a proposed class action against One Technologies LP into arbitration, finding that the company's defense of the suit in court before compelling arbitration unfairly prejudiced the plaintiffs.

  • November 29, 2018

    Tech Giants Off Hook In Woman's France Terror Attack Claims

    A California federal judge Thursday tossed a suit that had tried to hold Twitter, Facebook and Google liable for the deaths of a Texas woman's husband and son in a terror attack by the Islamic State group in Nice, France, citing a recent Ninth Circuit ruling and several similar dismissals.

  • November 29, 2018

    SEC Says Mayweather, DJ Khaled Illegally Plugged ICOs

    Boxing champ Floyd Mayweather and musician and media personality DJ Khaled will pay over $750,000 in penalties for endorsing initial coin offerings to their online fans without disclosing that they were paid for the plugs, the U.S. Securities and Exchange Commission said Thursday.

  • November 29, 2018

    ICO Mania Cools Amid Regulatory Crackdown, Crypto Plunge

    The U.S. Securities and Exchange Commission’s increase in enforcement actions combined with a bear market in cryptocurrencies appear to be restraining enthusiasm for initial coin offerings, a nascent form of fundraising that has cooled in recent months after a frenzied run-up last year.

  • November 29, 2018

    3rd Circ. Revives Drexel Student's Tuition Debt Complaint

    The Third Circuit on Thursday revived a former Drexel University student’s claims that the university and its debt collection firm violated the federal Fair Debt Collection Practices Act by serving notice of his unpaid tuition and court hearings at his old address, overturning a lower court’s ruling that the issue had already been decided in state court.

  • November 29, 2018

    Google Hit With GDPR Complaints Over 'Deceptive' Tracking

    Consumer watchdogs from seven European countries filed complaints this week accusing Google of "deceptive practices" tricking users into sharing location data in violation of the General Data Protection Regulation.

  • November 29, 2018

    Apple Accused Of Selling IMacs, MacBooks With Filter Defect

    A putative class of MacBook and iMac owners hit Apple Inc. with a lawsuit in California federal court Wednesday, claiming the tech giant knowingly sold them computers with a filter defect that caused permanent screen smudges and damage to the devices' motherboards due to trapped dust.

  • November 29, 2018

    UK Spy Agency Explains When It Keeps Security Flaws Secret

    Britain's national intelligence and surveillance agency on Thursday published its principles for deciding whether to tell a company about a discovered cybersecurity flaw or keep it to itself for national security purposes.

  • November 29, 2018

    VW's $48M Investor Deal Over Emissions Gets Green Light

    Volkswagen AG's $48 million deal with investors in multidistrict litigation over its diesel emissions-cheating scandal has gotten a California federal judge's preliminary approval, ending claims that the company knowingly issued false financial reports about its compliance with environmental laws.

  • November 29, 2018

    Germany Probing Amazon For Abuse Of Dominance

    Germany’s competition authority said Thursday that it is investigating Amazon.com over complaints it received from online sellers about terms imposed by the e-commerce giant that may constitute an abuse of its dominance.

  • November 29, 2018

    Insys Founder Must Turn Over Docs In Opioid Probe, Feds Say

    The billionaire founder and former chairman of Insys Therapeutics Inc. cannot withhold company documents from federal prosecutors seeking to prove a conspiracy to bribe doctors to prescribe fentanyl-based drugs just because he happens to be in possession of them, the government said Thursday.

  • November 29, 2018

    Flyers Get $3M Atty Fees In Antitrust Suit Over Airfares

    A New York federal judge has awarded a group of airline passengers $3 million in attorneys’ fees in a proposed antitrust class action alleging that several travel-booking firms colluded to artificially boost airfares, ruling the amount was fair and reasonable.

  • November 29, 2018

    Mass. Hospital Megamerger Wins Approval After AG Deal

    The merger of two major Massachusetts health systems will proceed after state Attorney General Maura Healey negotiated a settlement that includes a cap preventing more than $1 billion in price increases and more than $70 million in community investments, Healey's office announced Thursday.

Expert Analysis

  • Series

    Judging A Book: Brown Reviews 'Dangerous Leaders'

    Judge Nannette Jolivette Brown

    Anthony Thompson’s "Dangerous Leaders: How and Why Lawyers Must Be Taught to Lead" explores the conflict many lawyers face when charged with the responsibility of leadership. The book is an excellent read for all lawyers, says U.S. District Chief Judge Nannette Jolivette Brown of the Eastern District of Louisiana.

  • Calif.'s Updated Slack-Fill Law: What Cos. Should Know

    Kristi Wolff

    California recently amended its slack-fill packaging law, creating several new exemptions that may provide companies some relief from the slack-fill lawsuits that have proliferated in the state, say attorneys with Kelley Drye & Warren LLP.

  • How Technical Touchpoints Can Ensnare Foreign Crypto Cos.

    Deborah Meshulam

    Companies headquartered abroad may nonetheless be subject to U.S. securities laws because of their server locations and blockchain infrastructure. A California federal court's recent decision in Tezos provides useful guideposts, say attorneys with DLA Piper.

  • Breaking The Rules: 3 Ways To 'Lead' A Direct Examination

    Matthew Menchel

    Trial lawyers are frequently taught that they should appear invisible during direct examination — that their job is merely to prompt the witness to start speaking. But the most powerful direct examinations are the ones in which the examiner, not the witness, is controlling the pace, say attorneys with Kobre & Kim LLP.

  • Opinion

    Time For Regulators To Embrace Earned Wage Access

    David Reidy

    A wave of fintech providers are offering earned wage access services, which enable employees to access a portion of their wages before their next scheduled payday. While regulators have taken notice, they have yet to clarify existing rules or explicitly endorse such programs, say attorneys with McGuireWoods LLP.

  • Deciding Class Action Removal Rights At High Court

    Archis Parasharami

    An overbroad interpretation of the U.S. Supreme Court's decision in Shamrock Oil & Gas v. Sheets has created a loophole for avoiding the Class Action Fairness Act to pursue interstate class actions in state court. However, in Home Depot USA v. Jackson, the court will address two questions that have the potential to close it, say Archis Parasharami and Daniel Jones of Mayer Brown LLP.

  • Need Litigation Finance? Don't Skip These 5 Steps

    Molly Pease

    The process of applying for litigation financing isn’t difficult, but few do it right the first time. Following five steps in your application process will help make sure litigation funders are convinced of the value of your company's legal claims, says Molly Pease of Curiam Capital LLC.

  • Fit For Fido? The Rise Of 'Natural' Pet Food Claims

    Steven Hwang

    As sales of “premium” pet food have increased in recent years, so has the number of consumer class actions filed against pet food manufacturers, specifically those involving claims that marketing and labeling pet foods as “natural” is false and misleading, say Steven Hwang and Cassandra Abernathy of Perkins Coie LLP.

  • ​Are You Ready For Your Congressional Investigation?

    Brian Smith

    ​The Democratic Party is ​expected to take control of the House of Representatives next year,​ ​which​ will dramatically increase the congressional investigations risks for ​the ​private sector.​ Prime targets include pharmaceutical, financial services and technology ​companies, says Brian Smith of Covington & Burling LLP.

  • How New Calif. Law Will Impact Device Cybersecurity

    Laura Stefani

    A new California law requires specific types of cybersecurity protections for internet-connected devices. But the proliferation of state-based internet of things requirements could hinder efforts to develop and implement uniform national standards, says Laura Stefani of Mintz Levin Cohn Ferris Glovsky and Popeo PC.