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Consumer Protection

  • January 3, 2019

    Travelers Wins Atty Fees Spat In Litigation Coverage Dispute

    Travelers acted reasonably when it initially refused to reimburse a pipe manufacturer for attorneys' fees linked to a Canadian lawsuit over allegedly defective water pipes, a Washington federal judge said Thursday.

  • January 3, 2019

    Charter Must Face TCPA Autodialer Suit, Judge Told

    Residents accusing Charter Communications Inc. of making unwanted telemarketing calls with an autodialer have urged a West Virginia federal judge to keep their proposed class action alive, saying the court has jurisdiction even though Charter denies doing business in the state.

  • January 3, 2019

    Apple Escapes Class Action Over Security Flaw Fixes

    A California federal judge on Wednesday tossed a proposed class action alleging that fixes for the security bugs known as Spectre and Meltdown slowed down the processing speed of Apple devices, finding that the consumers behind the suit lacked standing.

  • January 3, 2019

    Edelson Wins Discovery Bid Against Atty In Extortion Suit

    A Texas attorney accused by Edelson PC of using the class action objection process to extort class counsel must turn over information about his work in Illinois, including how he settles objections and how he gets paid, a federal judge ruled Thursday.

  • January 3, 2019

    GM Hit With Proposed Class Action Over Fuel Pumps

    General Motors was hit with a proposed class action in California federal court Wednesday by drivers alleging that some of the company's diesel trucks are “ticking time bombs” because their European-made injection pumps are incompatible with American fuel.

  • January 3, 2019

    Amazon Unit's Award Confirmed In UK Author Royalties Row

    A Washington federal court has confirmed an Amazon unit's arbitration award that prohibits a British man and his book publishing companies from artificially inflating author royalties under the Kindle self-publishing program.

  • January 3, 2019

    Monsanto Roundup Buyers Denied Cert. In Wis.

    A Wisconsin federal judge has denied class certification to in-state buyers of Monsanto Co.’s Roundup weed killers who claim the labels misled them about their safety, saying a Wisconsin Supreme Court decision requires each individual plaintiff to show they lost money under the state's false advertising law.

  • January 3, 2019

    17 AGs Appeal Ruling That Nixed Affordable Care Act

    The attorneys general for 16 states and the District of Columbia announced Thursday that they are appealing a controversial Texas federal court ruling last month that struck down the entire Affordable Care Act.

  • January 2, 2019

    FTC Asks For Stay Of D-Link Security Trial Amid Shutdown

    The Federal Trade Commission is pushing a California federal judge to put on hold a dispute set to go to trial later this month over D-Link System Inc.’s allegedly shoddy data security, arguing that its attorneys’ prep work and travel plans have been stymied by the government shutdown. 

  • January 2, 2019

    Broadcaster Blasted For Pulling TV Coverage Over Fee Talks

    The American Cable Association attacked Nexstar Media Group on Wednesday for pulling TV channels from cable operators in 16 markets due to an impasse over retransmission fees charged by the broadcast giant to carry its stations' content.

  • January 2, 2019

    Injured Driver Sues GM, Dealer Over Faulty Ignition Switch

    A driver has sued General Motors LLC and a Chicago-based auto dealership in Illinois state court, saying they sold a Buick with a defective ignition switch that caused him to crash and suffer injuries after the vehicle's airbags failed to deploy.

  • January 2, 2019

    NFL's 'Cynical' Appeals Could Gut Concussion Settlement

    Two appeals filed by the NFL in its landmark concussion settlement have the potential to upend the program and make it drastically more difficult for brain-damaged former players to get paid, according to experts and irate player attorneys, who say in one nonpublic filing that the situation represents “the NFL at its most cynical.”

  • January 2, 2019

    Wells Fargo Settles Calif.'s Insurance Sales Claims For $10M

    Wells Fargo & Co. has agreed to pay up to $10 million to resolve the California Department of Insurance's allegations that it signed up consumers for renters and life insurance without their permission, the regulator announced Wednesday.

  • January 2, 2019

    Tech Giants Skirt Claims They Aided 2015 Calif. Terror Attack

    Twitter, Facebook and Google can’t be held responsible for a December 2015 terrorist attack in San Bernardino, California, because those harmed in the incident can’t show the tech companies actually aided the attackers, a California federal judge has said.

  • January 2, 2019

    Google Gets Win In Ill. Face-Scanning Privacy Suit

    An Illinois federal judge has granted Google a win in a proposed class action from Google Photos users who accused the tech giant of violating the state’s Biometric Information Privacy Act by creating templates of their faces, finding they had not suffered a concrete injury that would give them standing.

  • January 2, 2019

    Pai Takes Victory Lap On Passing Of Net Neutrality Deadline

    FCC Chairman Ajit Pai claimed victory Wednesday over an attempt to overturn his net neutrality deregulation using the Congressional Review Act mechanism, which officially expires Thursday with the advent of the new Congress.

  • January 2, 2019

    Former Insys CEO Will Plead Guilty In Opioid Kickback Case

    The former chief executive of Insys Therapeutics has agreed to plead guilty to conspiracy and mail fraud for his role in a scheme to bribe doctors to prescribe the company's fentanyl-based painkillers, prosecutors said in a court filing.

  • January 1, 2019

    Financial Services Litigation To Watch In 2019

    On the horizon for the financial services industry in the new year are cases that will turn up the heat on the debate over the Consumer Financial Protection Bureau’s constitutionality, test the legality of the much-vaunted fintech banking charter and potentially increase the number of lawsuits from homeowners fighting foreclosure. Here, Law360 examines the cases that experts most often singled out for their potential impact on the industry.

  • January 1, 2019

    Cybersecurity & Privacy Predictions For 2019

    Cybersecurity and privacy will continue to remain top-of-mind for companies in 2019, with the cyberthreat landscape expected to keep growing, vendor relationships taking on added importance, U.S. states continuing to flex their muscles and international data transfers getting even stickier. Here, attorneys offer five predictions for what promises to be another big year in the cybersecurity and privacy realm.

  • January 1, 2019

    Trials To Watch In 2019

    From bouts between familiar foes, such as Johnson & Johnson and consumers of its talcum powder products, to cases of a more unusual nature, like an attorney's alleged murder at the hands of his former courtroom opponent, legal spectators will have plenty of major trials to watch in the coming year. Here, Law360 offers a preview of some of the interesting and important trials scheduled for 2019.

Expert Analysis

  • Emerging Cybersecurity Threats In The Legal Industry

    Michael Hall

    Predicting how the cybersecurity landscape will develop is critical for any organization wanting to mitigate the risk of the inevitable future attack. Michael Hall of HighQ Solutions Ltd. discusses five threats to look out for in the next 12 months.

  • Perspectives

    Class Cy Pres Settlements Are A Troubling Practice

    Mary Massaron

    Class actions are often touted as a powerful mechanism for access to justice, but is this true when there is zero chance of recovery for class members? asks Mary Massaron, a partner at Plunkett Cooney PC and former president of Lawyers for Civil Justice.

  • Rise Of The CMOs

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    Joshua Peck, incoming marketing director of Hill Wallack LLP, traces the evolution of the chief marketing officer position at law firms and shares insights from three legal marketing pioneers.

  • Opinion

    Concerns About CFPB Trial Disclosure Policy Are Misplaced

    Eric Mogilnicki

    Opposition to the Consumer Financial Protection Bureau's newly proposed trial disclosure policy appears rooted in a wholly appropriate concern, but the relevant statute and empirical evidence indicate that consumers would benefit from the policy, say Eric Mogilnicki and Michael Nonaka of Covington & Burling LLP.

  • Aviation Watch: Wheels Up For FAA Reauthorization

    Alan Hoffman

    It’s impressive, in the current atmosphere of division and gridlock, that Congress managed to hammer out a five-year Federal Aviation Administration reauthorization bill, covering a wide range of important and often contentious matters, says Alan Hoffman, a retired attorney and private pilot.

  • Q&A

    A Chat With Bryan Cave Innovation Chief Katie DeBord

    Katie DeBord

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Katie DeBord, chief innovation officer at Bryan Cave Leighton Paisner LLP.

  • FDA Streamlines 510(k) Process, As Courts Reconsider It

    Caitlin McHugh

    The U.S. Food and Drug Administration is expediting the Section 510(k) approval process for Class II medical devices, while courts are accepting the argument that 510(k) approval signifies safety and effectiveness — with implications for punitive damages awards, say Caitlin McHugh and Matthew Smith of Drinker Biddle & Reath LLP.

  • Press Pause Before Using Biometric Tech In The Workplace

    Robert Quackenboss

    As demonstrated by a recently filed class action against a hospital housekeeping company in Illinois federal court — Byczek v. Xanitos — the ever-changing legal landscape surrounding biometric data should give employers pause when considering its use in the workplace, say Robert Quackenboss and Madalyn Doucet of Hunton Andrews Kurth LLP.

  • AI's Role In Financial Services: Some Early Lessons

    Eamonn Moran

    The use of artificial intelligence in financial services is still in the early stages. But a speech this week by Federal Reserve Gov. Lael Brainard shows that regulators are aware and paying attention, says Eamonn Moran of Kilpatrick Townsend & Stockton LLP.

  • Solving The Mystery Of Contracting By Hyperlink

    Alan Wingfield

    When analyzing the incorporation of contract terms by reference using hyperlinks, courts are increasingly focusing on the hyperlink's labeling, location, prominence and accessibility, and on the consumer's assent, say Alan Wingfield and Troy Jenkins of Troutman Sanders LLP.