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Consumer Protection
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October 09, 2024
5th Circ. Denies Extension For CFPB In Exam Policy Case
The Fifth Circuit on Wednesday denied the Consumer Financial Protection Bureau's unopposed request for a short deadline extension in its appeal over an examination policy that industry groups successfully sued to block last year, prompting the agency to ask for more time again.
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October 09, 2024
Colo. Accuses Albertsons Of Competitor Flip-Flop For Merger
Colorado enforcers accused Albertsons of "saying whatever they think will get their merger," confronting the supermarket chain's CEO on Wednesday with past comments to federal regulators they said showed that Albertsons flipped who it considers a competitor ahead of a proposed merger with Kroger.
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October 09, 2024
Uber Can't Claw Back Safety Update Doc In Sex Assault MDL
A California federal magistrate judge ruled Tuesday that Uber can't claw back a "safety criteria" document it accidentally produced in multidistrict litigation accusing the transportation company of failing to prevent drivers from sexually assaulting passengers, saying the document wasn't privileged since it wasn't created for legal advice purposes.
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October 09, 2024
NC AG Urges NC Justices To Ax Duke Energy Rate Hike
The North Carolina Supreme Court has been hit with a barrage of briefs urging the justices to overturn the State Utilities Commission's allegedly "unlawful" rate increase for Duke Energy Carolinas, with North Carolina Attorney General Joshua H. Stein calling the rate change "arbitrary and capricious."
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October 09, 2024
Feds Target Crypto Manipulation, Wash Trades In Novel Action
Massachusetts federal prosecutors announced charges against 18 individuals and cryptocurrency firms on Wednesday in a first-of-its-kind set of actions targeting alleged manipulation of digital asset markets through wash trading and other tactics.
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October 09, 2024
Google, Microsoft Want Docs Kept From Apple In DOJ Case
Google and Microsoft were among a group of major corporations jumping in Tuesday to push for greater New York federal court safeguards of their sensitive business information as it's used in the Justice Department case accusing Apple of anticompetitively restricting app access to lock users into the iPhone.
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October 09, 2024
Lamps Plus Pays $4M To Settle Calif. DAs' False Pricing Suit
Home goods chain Lamps Plus Inc. will pay a group of Southern California district attorney's offices $4.1 million to settle civil allegations that the retailer misled consumers with false pricing information, prosecutors announced Wednesday.
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October 09, 2024
Patients' Families Say No Expert Needed In Transplant Case
The families of patients who died while on an organ donor waiting list are urging a Texas state court to deny a surgeon's bid to toss their suit aimed at blocking him from altering or destroying records, saying because their suit does not make any claims for damages, they do not need an expert report.
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October 09, 2024
RFK Jr. Jumps Into TikTok Ban Fight At DC Circ.
Robert F. Kennedy Jr. has joined the fray in litigation at the D.C. Circuit challenging a federal law that could put TikTok out of business in the United States, contending in a new lawsuit that the sale-or-ban statute defies the First Amendment.
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October 09, 2024
Ga. Judge Won't Extend Voter Registration After Helene
Would-be voters in the Peach State won't get an extra week to register for the November 2024 election — at least not yet — after a Georgia federal judge said Wednesday she hadn't seen sufficient support for the claim that registrations were significantly hampered by the destruction caused by Hurricane Helene.
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October 09, 2024
DOJ Offers Menu Of Options For Google Search Fix
An outline of potential fixes lodged Tuesday by the U.S. Department of Justice in the search monopolization case against Google ranges from a ban on the default search engine pacts at the heart of the case to the forced sale of its Android operating system or other business units.
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October 09, 2024
Judge OKs $9M Data Hack Deal, Asks How Public Views Fees
A Washington federal judge on Wednesday approved an $8.8 million settlement that ended a consolidated data breach class action against a Hearst Health unit, but not before pondering how the public might perceive the deal, in which one-third of the money is going toward legal costs.
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October 09, 2024
Kohl's Sued After Vendor Hack Leaks 1.9M Customers Files
Kohl's department store customers hit the retail giant on Wednesday with a putative breach of implied contract class action in Pennsylvania federal court alleging the store failed to protect data from 1.9 million customers from a hack targeting a contractor the retailer uses for debt collection.
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October 09, 2024
AT&T Fights Phone 'Unlocking' Rules Floated At FCC
AT&T called on the Federal Communications Commission to abandon plans to require the "unlocking" of cellphones after 60 days to let customers switch carriers, saying wireless competition is already "fierce" and the FCC's plan would only hurt consumers.
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October 09, 2024
NY Mets Parent Co. Accused Of Selling Biometric Data For Profit
Sterling Mets LP — the owner of the New York Mets baseball franchise — has been hit with a proposed class action alleging that it illegally shares biometric identifier information from Citi Field's visitors for a profit.
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October 09, 2024
Louisiana Judge Reopens EPA's Enforcement Against Denka
A Louisiana federal judge on Tuesday reopened the U.S. Environmental Protection Agency's lawsuit alleging some of a neoprene manufacturer's air emissions pose a health threat to the surrounding community.
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October 09, 2024
Toll Bros. Blames Subcontractors For Senior Housing Flaws
As several entities of the construction firm Toll Brothers face contract breach claims over alleged defects in a Connecticut senior community, the defendants have filed a third-party complaint against four subcontractors that they claim are actually responsible for poor work and any damages.
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October 09, 2024
Philips Preserves Lanham Act Counterclaim In CPAP Cleaner MDL
A Pennsylvania federal judge has trimmed some counterclaims by Koninklijke Philips NV and its American affiliates against SoClean Inc., whose cleaning products they say are responsible for damage to Philips' CPAP machines.
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October 09, 2024
Companies' Kratom Supplements Are Addictive, Class Says
A proposed class of buyers is suing Thang Botanicals Inc. and FTLS Holdings in California federal court, alleging that they failed to disclose that their kratom-derived 7ΩHMZ products are as addictive as opioids, if not more.
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October 09, 2024
FTX Exec Wants Another Prison Date Delay Over Dog Attack
Former FTX executive Ryan Salame has again asked the court to delay his surrender date to begin his prison term from this Friday to Dec. 7, as he purportedly continues to undergo medical treatment and recover after being mauled by a German shepherd while visiting a friend's house in June.
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October 09, 2024
Sullivan & Cromwell Dropped From FTX Investor Suit
FTX customers dismissed Sullivan & Cromwell LLP from ongoing multidistrict litigation over the crypto exchange's collapse on Wednesday, after an investigation by the customers' counsel into the firm and dialogue with the FTX bankruptcy estate and appointed examiner resolved concerns about the law firm's conduct.
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October 09, 2024
Turkey Buyers Cite DOJ's Intervention In Pork Case
Meat buyers pursuing an antitrust class action against the biggest names in the turkey industry are pointing to the U.S. Department of Justice's recent filing in a separate pork purchasers suit to support their class certification motion.
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October 09, 2024
Marriott Inks $52M Deal With States Over Guest Data Breach
Marriott International Inc. has agreed to pay $52 million to nearly every U.S. state and bolster its data security practices to resolve parallel investigations by state attorneys general and the Federal Trade Commission over a massive data breach at the hotel's Starwood-branded properties.
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October 09, 2024
GSK Settles Nearly All State Zantac Cases For Up To $2.2B
GSK said Wednesday that it will pay up to $2.2 billion to settle roughly 80,000 state court cases claiming Zantac heartburn medication or the generic ranitidine caused them to develop cancer.
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October 09, 2024
Lead Test Maker Vows Compliance As $42M Deal Approved
The general counsel of Magellan Diagnostics promised Wednesday that the medical device maker "will be better," as a Boston federal judge officially sentenced the company for hiding flaws in its lead-testing kits, signing off on a $42 million plea agreement.
Expert Analysis
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Roundup
After Chevron
Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 36 different rulemaking and litigation areas.
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Series
After Chevron: Expect Few Changes In ITC Rulemaking
The U.S. Supreme Court's opinion overruling the Chevron doctrine will have less impact on the U.S. International Trade Commission than other agencies administering trade statutes, given that the commission exercises its congressionally granted authority in a manner that allows for consistent decision making at both agency and judicial levels, say attorneys at Polsinelli.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q2
The second quarter of 2024 in California, which saw efforts to expand consumer protection legislation and enforcement actions in areas of federal focus like medical debt and student loans, demonstrated that the state's role as a trendsetter in consumer financial protection will continue for the foreseeable future, say attorneys at Sheppard Mullin.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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What Passage Of House Crypto Bill Could Mean For Industry
While the prospects of the Financial Innovation and Technology for the 21st Century Act, which recently passed the House in a bipartisan fashion, becoming law remain murky, the manner of its passage may give crypto markets a real cause for hope, say Neel Maitra and Dale Beggs at Dechert.
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Series
NY Banking Brief: All The Notable Legal Updates In Q2
The second quarter of 2024 saw less enforcement activity in the realm of New York financial services, but brought substantial regulatory and legislative developments, including state regulators' guidance on cybersecurity compliance and customer service processes for virtual currency entities, say James Vivenzio and Andrew Lucas at Perkins Coie.
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4 Important Events In Bank Regulation: A Midyear Review
The first six months of 2024 have been fairly stable for the banking industry, though U.S. Supreme Court decisions and proposals from regulators have significantly affected the regulatory standards applicable to insured depository institutions, says Christina Grigorian at Katten.
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FTC Focus: Competition And The Right To Repair
If the Federal Trade Commission includes commercial and industrial products as part of copyright exemptions that allow consumers to modify or repair products, then businesses and affected rights holders will need to consider copyrights' impact on infringement issues, say attorneys at Proskauer.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Advisers Can Avoid Gaps In SEC Marketing Rule Compliance
A recent risk alert from the U.S. Securities and Exchange Commission and the enforcement history of the marketing rule indicate that advisers have encountered persistent difficulties in achieving compliance — but there are steps advisers can take to mitigate risks of violations, say Scott Moss and Jimmy Kang at Lowenstein Sandler.
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Air Ambulance Ruling Severely Undermines No Surprises Act
A Texas federal court's recent decision in Guardian Flight v. Health Care Service — that the No Surprises Act lacks a judicial remedy when a health insurer refuses to pay the amount established through an independent review — likely throws a huge monkey wrench into the elaborate protections the NSA was enacted to provide, says Mark DeBofsky at DeBofsky Law.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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In Biz Account Breaches, Look Beyond The Payment Platform
A business's legal path to recovering funds after bad actors access a payment platform account and engage in unauthorized transactions can lead into murky legal territory where liability is unclear, and pursuing the payment platform itself will be an uphill, if not insurmountable, struggle, say Edward Marshall and Morgan Harrison at Arnall Golden.
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4 Steps To Repair Defense Credibility In Opening Statements
Given the continued rise of record-breaking verdicts, defense counsel need to consider fresh approaches to counteract the factors coloring juror attitudes — starting with a formula for rebuilding credibility at the very beginning of opening statements, says Ken Broda-Bahm at Persuasion Strategies.