We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Consumer Protection

  • July 30, 2018

    Chamber Urges DC Circ. To Affirm Toss Of OPM Breach Suit

    The U.S. Chamber of Commerce is pressing the D.C. Circuit to preserve the dismissal of litigation over a 2015 data breach at the U.S. Office of Personnel Management, arguing that standing for data breach plaintiffs shouldn't be "automatic" and that government contractors shouldn’t be expected to go beyond preexisting data security arrangements.

  • July 30, 2018

    Uber Dodges Rider’s Suit Over Driver Assault, For Now

    A Pennsylvania federal judge has dismissed a New Jersey man's suit alleging Uber is liable for hiring a driver who assaulted him over a ride dispute and left him “for dead,” but the judge gave the rider a chance to amend his claims against the ride-hailing giant.

  • July 30, 2018

    Ivy League Stands By Harvard In Admissions Race Bias Suit

    Harvard’s fellow Ivy League schools sided with the university Monday in arguing that the school’s admissions process isn’t racially discriminatory, and that a suit seeking to do away with weighing applicants’ race in admissions could limit diversity on campus.

  • July 30, 2018

    ​​​​9th Circ. Hyundai Kia Rethink May Give Class Deals Clarity

    The full Ninth Circuit may upend a panel's ruling that courts must weigh varying state consumer protection laws before certifying nationwide class action settlements when it rehears the Hyundai Kia case this fall, offering much-needed clarity on what attorneys overwhelmingly described as an unworkable standard for class actions.

  • July 30, 2018

    Lending Cos. Don't Share Tribal Immunity, Judge Says

    A Virginia federal judge on Friday refused to toss a proposed class action alleging that an online lending company sought to use its connection with a Michigan tribe to shield itself from accusations that it charged illegally high interest rates on loans, saying the company had not shown it was entitled to share the tribe's sovereign immunity to suit.

  • July 30, 2018

    5 Cybersecurity And Privacy Cases To Watch: Midyear Report

    The rest of 2018 could bring action on a slew of lingering privacy and cybersecurity disputes, including the legal fallout from Equifax's massive data breach, tests to the scope of Illinois' unique biometric privacy law, and challenges to the way tech giants have sought user consent under the European Union's General Data Protection Regulation. Here, Law360 takes a look at five cases cybersecurity and privacy attorneys should keep an eye on in the coming months.

  • July 30, 2018

    States Sue To Block Federal 3D Gun Printing Settlement

    Eight states and Washington, D.C., sued the Trump administration in Washington federal court Monday, seeking to block a recent settlement allowing a defense firm to publicly post 3D printing plans for guns online, saying the deal would wrongly allow “dangerous criminals” to effectively access untraceable weapons.

  • July 30, 2018

    CFTC Seeks $3.2M Judgment In Fraud Suit Against Crypto Co.

    The Commodity Futures Trading Commission has moved to wrap up its fraud suit over cryptocurrency trading advice company CabbageTech Corp., asking Friday for a more than $3.2 million final judgment from a Brooklyn federal judge who previously ruled in the case that the agency can regulate cryptocurrencies as commodities.

  • July 30, 2018

    Motor-Oil Maker Sells 'Cancer' For Cars, Drivers Say

    A motor-oil maker conceals that its products are outdated and could damage vehicles, with one executive likening the products to cancer for cars, according to a proposed class action removed to Florida federal court.

  • July 30, 2018

    Cert. Sought In TCPA Fight Over Universal's 'Warcraft' Texts

    Recipients of a cellphone text message blast promoting Universal Pictures' movie "Warcraft" asked a Florida federal judge on Friday to certify their suit as a class action, saying hundreds of thousands of people received the spam in violation of the Telephone Consumer Protection Act.

  • July 30, 2018

    Toyota, Kobe Steel Can't Duck Metal Quality Suit: Drivers

    Drivers accusing Kobe Steel Ltd. of misrepresenting the quality of certain steel, aluminum and copper products used in Toyota vehicles urged a California federal court Friday to keep their proposed class action alive, saying they don’t need to have personally experienced a defect to bring their claims.

  • July 30, 2018

    Akerman Adds Greenberg Traurig’s Cybersecurity Pro

    Akerman LLP has hired a Greenberg Traurig shareholder to the firm’s national consumer financial services practice group, where she will serve as co-chair of Akerman’s privacy, cybersecurity and emerging technologies team, the firm said Friday.

  • July 27, 2018

    Law360 Names Top Attorneys Under 40

    The 168 attorneys selected as Law360's 2018 Rising Stars are lawyers whose accomplishments belie their age. From guiding eye-popping deals to handling bet-the-company litigation, these elite attorneys under 40 are leading the pack.

  • July 27, 2018

    NJ Car Dealers Beat Fraud Suits, Lack Of Harm Cited

    The New Jersey Appellate Division on Friday refused to revive four putative class actions against car dealerships over alleged violations of a state consumer protection law, finding the consumers could not pursue their claims because they had not been harmed by the clauses in the sale, lease and rental documents.

  • July 27, 2018

    7th Circ. OKs Attys Fee Cut For 'Paucity' Of Work In TCPA Suit

    The Seventh Circuit on Friday upheld a district court’s decision to slash attorneys' fees in a settlement for a putative Telephone Consumer Protection Act class action, saying it got it right “given the paucity of effort expended” by counsel compared to the fee request.

  • July 27, 2018

    Facebook Hit With Shareholder Bid For More Cambridge Docs

    An Alabama public pension fund has asked the Delaware Chancery Court to compel social media giant Facebook Inc. to turn over more of its records related to Cambridge Analytica LLC’s alleged amassing of more than 87 million Facebook users’ private data.

  • July 27, 2018

    Individualized Claims Thwart Testosterone RICO MDL

    An Illinois federal judge rejected a bid to certify a class of third-party payors bringing Racketeer Influenced and Corrupt Organizations Act claims against AbbVie Inc., Eli Lilly & Co. and other makers of testosterone replacement therapy products, saying the allegations are too individualized to proceed as a whole.

  • July 27, 2018

    Monsanto Herbicide's Link To Cancer Sound, Jury Told

    An agricultural economist refuted Monsanto's assertion that the World Health Organization’s International Agency for Research on Cancer "cherry picked" studies to conclude that Monsanto's herbicides cause cancer, testifying during a landmark California jury trial Friday that the IARC based its findings on sound science.

  • July 27, 2018

    CFPB, Payday Lead Co. Say They Have Outline Of Settlement

    The Consumer Financial Protection Bureau and payday loan lead aggregator T3Leads have told a California federal court that they have a settlement in the works, potentially resolving a case that has led to a Ninth Circuit appeal challenging the constitutionality of the agency’s structure.

  • July 27, 2018

    School Escapes Surgical Tech Students’ $9M Fraud Award

    A New Jersey state appeals court has overturned a $9 million judgment in favor of a class of surgical technician students who alleged a for-profit career school misrepresented the students' job prospects, ruling that a lower court wrongly precluded evidence that could have helped the defense at trial.

Expert Analysis

  • Privacy Risks For Non-Health Employee Benefit Plans

    Excerpt from Lexis Practice Advisor
    John Utz

    In this discussion of litigation risks faced by sponsors of employee benefit plans other than health plans, John Utz of Utz & Lattan LLC tackles ERISA requirements for personally identifiable information, participant claims against fiduciaries and plan sponsors for data breaches, and various actions sponsors can take to mitigate privacy concerns.

  • Opinion

    A Trump Supreme Court Nominee Can Be Defeated

    Nan Aron

    The Senate Republican leadership and the Trump administration are racing to fill Justice Anthony Kennedy’s spot on the U.S. Supreme Court. Does opposition to their plans have any chance of success? My answer is yes, because the stakes are so high, people are so engaged, and the records of those short-listed are so deeply troubling, says Nan Aron, president of Alliance for Justice.

  • Limiting Law Firms' Professional Liability Risks: Part 3

    Stuart Pattison

    As clients increasingly look to limit their own liability exposure, they can reasonably expect that their retained counsel should do the same. In this context, a carefully crafted, thoughtfully presented engagement letter can help a law firm strike a successful balance between protecting itself and preserving a client relationship, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • New Stats On Millennial Attorney Disciplinary Actions

    Jean Edwards

    In this analysis of disciplinary action trends in the legal industry, Edwards Neils LLC managing member Jean Edwards examines data provided by bar organizations for 17 states and the District of Columbia.

  • A Midyear Review Of State Attorney General Enforcement

    Joe Jacquot

    While appealing to voters this election season, attorney general candidates will inevitably target industries with promises of using their state enforcement powers. AGs are also increasingly defining themselves publicly by reacting to the federal government, whether by filing a lawsuit against the president or opposing congressional acts, says Joe Jacquot of Foley & Lardner LLP.

  • EU Law Brings Data Sharing Pointers For US Financial Cos.

    Erin Fonté

    Although data sharing via application programming interfaces is not mandated in the U.S. as it is in Europe under the new Revised Payment Services Directive, financial institutions that do not embrace it risk being left behind in terms of both technology and partnerships, say Erin Fonte and Brenna McGee of Dykema Gossett PLLC.

  • Limiting Law Firms' Professional Liability Risks: Part 2

    Stuart Pattison

    With law firms increasingly exposed to professional liability risks associated with their corporate client relationships, firms must craft well-structured client engagement letters to help protect against malpractice claims. Two key elements of an engagement letter are how it defines the scope of engagement and how it handles conflicts of interest, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • Series

    From Lawmaker To Lawyer: Prioritizing Is Always Key

    Joe Lieberman

    Today, members of Congress often seem able to blame colleagues of the other party for not getting anything done for their constituents. In law practice, you can’t really blame a bad result for your clients on the lawyers on the other side, says former Sen. Joe Lieberman, D-Conn., of Kasowitz Benson Torres LLP.

  • What You Should Know About The 24/7 Cybercrime Network

    Chris Ott

    The CLOUD Act raises the possibility of agreements between the U.S. and EU on law enforcement access to digital evidence, and the EU’s proposed “e-evidence” regulation would streamline law enforcement access to data among its 28 member states. These two actions will greatly change the way that the G7's 24/7 Cybercrime Network operates, says Chris Ott of Davis Wright Tremaine LLP.

  • The Narrowing Of Damages Claims In Advertising Cases

    Timothy Snail

    Because false advertising cases usually conclude before courts can offer an opinion on damages, it is often unclear which damages theories are viable. A recent Ninth Circuit decision, Chowning v. Kohl's Department Stores, clarifies this issue, which has previously split the California district courts, says Timothy Snail of Charles River Associates.