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Consumer Protection

  • June 12, 2018

    EU Lawmakers Call For End To 'Privacy Shield' Pact By Sept.

    A top European parliamentary committee called on officials to suspend the trans-Atlantic Privacy Shield data transfer pact unless the U.S. is able to fully meet its data protection obligations by September, saying that recent revelations about Facebook's privacy practices exacerbated prior concerns with the deal. 

  • June 12, 2018

    Whole Foods ‘Hypoallergenic’ False-Ad Suit Greatly Trimmed

    In a putative class action brought by two women accusing Whole Foods of mislabeling products as hypoallergenic, a California federal judge Tuesday dismissed, with leave to amend, all of the defendants except for a California subsidiary, all of the claims by one of the women, and several of the named products which the remaining defendant did not herself purchase.

  • June 12, 2018

    Toyota Sheds Suit Alleging Car Wires Enticed Hungry Rats

    A California federal judge dismissed Toyota owners' class claims that the automaker sold them vehicles with soy-coated wires that attracted rats, ruling Monday that the alleged damages did not fall under either express or implied warranties.

  • June 12, 2018

    Facebook Data Pacts Could Spur GDPR-Like Protections

    The recent revelation that Facebook has allowed device makers including Apple, Samsung and Huawei broad access to user data raises fresh questions about the legal and ethical constraints on companies' data usage practices and could prompt a reckoning that would pull the U.S. closer to the tighter controls of the general data protection regulation currently in place in the European Union, attorneys say.

  • June 12, 2018

    Investors Slam Fiat Chrysler's 'Bait And Switch' Discovery Bid

    Fiat Chrysler investors asked a New York federal judge Monday to reject the automaker’s request for a three-month extension of discovery in a stock-drop suit alleging the company lied about using emissions-cheating devices in vehicles and complying with safety recalls, calling it a "bait and switch" move.

  • June 12, 2018

    Humana Ordered To Turn Over Docs In EpiPen Antitrust MDL

    A Kansas federal judge on Monday ordered Humana Inc. to hand over within three weeks documents related to a multidistrict litigation accusing drugmaker Mylan NV of antitrust violations related to a surge in the price of its allergy treatment device, the EpiPen.

  • June 12, 2018

    DirecTV User Fights Arbitration Bid In Billing Privacy Suit

    A former DirecTV and CenturyLink subscriber fought Monday to keep his proposed class action accusing the companies of breaching customers' privacy in federal court, arguing that arbitration clauses in his customer agreements weren't enforceable.

  • June 12, 2018

    Online Lender Accused Of Using Tribe To Shield Illegal Loans

    An internet lending company and others have engaged in a plot to charge illegally high interest rates on loans while attempting to use a Michigan tribe's sovereign immunity as a shield from suit, a group of borrowers said in a proposed class action filed in California federal court Monday.

  • June 12, 2018

    Consumers Say Miami Airport 'Exit Fees' Suit Belongs In Fla.

    Consumers suing Venezuelan airline Avior Airlines CA over surprise “exit fees” they allegedly paid before boarding flights at Miami International Airport told a federal judge Monday that their case was properly filed in Florida and meets the Class Action Fairness Act’s jurisdictional requirements.

  • June 12, 2018

    Drugmakers Denied Patient Info In Opioid MDL Bellwethers

    A special master in multidistrict litigation over the opioid crisis on Monday shot down “clearly overbroad” drugmaker requests for detailed medical information about patients, while also warning plaintiffs attorneys that not producing the information could jeopardize their bellwether cases.

  • June 12, 2018

    Watchdog Says DOL Is Stalling On OT, Fiduciary Rule Info

    A government watchdog that last year sued the U.S. Department of Labor seeking records related to its overtime and fiduciary rules told a Washington, D.C., federal judge Monday that it’s “concerned” the agency hasn’t been as forthcoming about its record searches as it should be.

  • June 12, 2018

    Payday Loan Scammer Gets 10 Years For $220M Scheme

    A Manhattan federal judge sentenced a convicted loan shark to 10 years in prison Tuesday for a decadelong payday lending scam, rejecting the 73-year-old defendant’s effort to blame the brother of a fellow convict for convincing him to set up the businesses.

  • June 12, 2018

    Antitrust Chief Defends Sticking To Consumer Welfare Focus

    Shortly before a D.C. federal judge cleared AT&T’s $85 billion merger with Time Warner, the U.S. Department of Justice’s top antitrust official on Tuesday said in Washington, D.C., that consumer welfare will continue to be the cornerstone of DOJ antitrust enforcement, rejecting calls to expand the Antitrust Division’s goals to include concerns over democratic market structures or other social benefits.

  • June 12, 2018

    Allergan's Fat-Freezing Unit Freed From False Ad Claims

    A California federal judge let an Allergan PLC unit off the hook for proposed class action claims that it deceived customers with marketing materials that classified its “CoolSculpting” fat-freezing system as having been “cleared,” but not “approved” by the U.S. Food and Drug Administration.

  • June 12, 2018

    Yahoo Hit With £250K Fine Over 2014 Data Breach

    Britain's data protection watchdog said Tuesday that it has fined Yahoo £250,000 ($334,000) for security lapses that were exploited in a 2014 data breach that exposed the personal data of around 500 million account holders worldwide, days after Yahoo's lead European regulator said the internet company flouted EU law in how it handled the episode.

  • June 12, 2018

    Rosen Law To Lead AMD Investor Suit Over Chip Flaw

    A California federal judge appointed The Rosen Law Firm PA as lead counsel for investors who sued Advanced Micro Devices Inc. when the company’s share price dropped following a revelation that its chips were more vulnerable to a security flaw than had been previously disclosed.

  • June 12, 2018

    Fyre Festival Investor Can Pursue $3M Claim Amid Ch. 7

    A New York bankruptcy judge has agreed to let an investor for the doomed Fyre Festival pursue a $3 million claim against the company and its organizers while the beleaguered concert operation goes through liquidation.

  • June 12, 2018

    Zimmer NexGen MDL Nears Finish With Confidential Deal

    Counsel for a group of consumers who claim Zimmer Inc.’s NexGen knee implants failed as a result of flawed design told the Illinois federal judge overseeing their multidistrict litigation Tuesday that they have agreed on terms for a final confidential settlement.

  • June 11, 2018

    Square To Pay $2.2M To Settle Food Delivery Tip Claims

    Mobile payment company Square Inc. will pay up to $2.2 million to settle a putative class action alleging its restaurant delivery service, Caviar, collected tips from customers that weren’t given to delivery drivers, according to notices sent to 93,000 people who used the service.

  • June 11, 2018

    Payday Groups Defend Joint Request For CFPB Rule Stay

    Two payday lender trade groups on Monday defended their joint request to the Consumer Financial Protection Bureau for a stay of the compliance date of the agency’s so-called payday rule, telling a Texas federal judge that the consumer advocates who want to weigh in against the request are off the mark.

Expert Analysis

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • Industry-Friendly OCC Regulations May Be On The Horizon

    David Freeman

    The Office of the Comptroller of the Currency’s agenda for the next few months, as articulated by new OCC leader Joseph Otting, seems promising for the industry and may provide regulatory relief to banks in many areas. At the same time, Otting’s proposals may face legal challenges, say attorneys with Arnold & Porter.

  • Keys To FDA Advisory Panel Prep For Device Makers

    How Device Cos. Should Prep For FDA Advisory Panels

    Receiving U.S. Food and Drug Administration approval is critical for any medical device company looking to bring new products to market. Only a handful of premarket approval applications and de novo reclassifications brave the advisory panel process each year. Gerry Prud’homme and Kristin Zielinski Duggan of Hogan Lovells offer six key points for companies preparing for an advisory panel meeting.

  • The Burden Of Medical Records During Bankruptcy

    Kenya Woodruff

    Companies in the health care industry face many unique challenges when undergoing a bankruptcy, including challenges arising due to the federal and state law framework governing the use and disclosure of medical information. Maintenance and storage of medical records is complicated further because of debtors' lack of financial resources, say attorneys with Haynes and Boone LLP.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • TCPA Trends: Impact On Future Litigation And Compliance

    Michael Reif

    The number of Telephone Consumer Protection Act lawsuits has grown exponentially in recent years, and courts have issued several significant decisions in recent months that may have implications for future TCPA litigation and compliance efforts, say Michael Reif and Chelsea Walcker of Robins Kaplan LLP.

  • Lack Of Sameness Doomed INRatio Class Certification

    Michelle Hart Yeary

    Last month a federal court in California declined a second attempt to certify a class action against the makers of handheld devices used to monitor blood clotting. The case demonstrates that when key questions of law or fact affect only some members of the putative class, but not all, class certification is not sustainable, says Michelle Yeary of Dechert LLP.

  • Facing The Homestretch Of GDPR Prep: Part 2

    Video

    The EU General Data Protection Regulation implementation date — May 25 — is two weeks away, and many companies are wrestling with how to prioritize efforts. In this video, Brian Hengesbaugh of Baker McKenzie discusses preparation for first-tier audit inquiries.

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.