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Consumer Protection
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May 15, 2025
Kelley Drye Brings On Data Privacy Pro From Calif. Agency
Kelley Drye & Warren LLP is expanding its data privacy team, bringing in an attorney from the California Privacy Protection Agency's enforcement division as special counsel in its Los Angeles office.
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May 15, 2025
NJ Securities Chief Fills In For Departing Consumer Watchdog
New Jersey's securities enforcement chief is temporarily filling in as the state's consumer watchdog, as the individual confirmed to the latter role seven months ago is departing, according to an announcement by Attorney General Matt Platkin.
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May 15, 2025
Nevada Resorts Want In On Kalshi Sports Betting Brawl
A trade group representing Nevada's powerful gaming and resort industries is aiming to line up against KalshiEx LLC in its suit against state regulators over its sporting event offerings, arguing that the online trading platform is attempting an end-around of federal gambling laws.
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May 15, 2025
'Tornado Cash' Indictment Largely Intact After Crypto Memo
A memo outlining the Trump administration's cryptocurrency enforcement priorities prompted federal prosecutors in Manhattan to slightly trim their indictment charging Tornado Cash founder Roman Storm with facilitating $1 billion of unlawful transactions via his crypto-mixer, a Thursday letter says.
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May 15, 2025
C-Band Payment Clearinghouse Says Its Work Is Done
The Federal Communications Commission's C-Band Relocation Payment Clearinghouse is planning to wind down its operation by the end of June, saying it's "completed all substantive functions required" by the commission dating back to its 2020 order expanding use of the C-band for 5G.
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May 14, 2025
Politico Beats Readers' Suit Over Online Trackers, For Now
A California federal judge on Tuesday tossed a proposed class action against Politico claiming the online news outlet unlawfully installed third-party trackers on users' browsers to surreptitiously collect data and personally identifying information without their consent, saying the plaintiffs had not shown they'd suffered a sufficiently concrete injury to sue.
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May 14, 2025
Costco Fails To Wipe Away Kirkland Baby Wipes PFAS Suit
A California federal judge Wednesday denied a bid by Costco Wholesale Corp. to toss a mother's putative class action accusing the warehouse club of falsely advertising Kirkland brand baby wipes as being natural despite allegedly having toxic levels of so-called forever chemicals, saying the mother sufficiently alleged three types of chemicals and their quantities.
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May 14, 2025
Connecting With Friends Becoming 'Secondary,' FB Head Says
The head of Facebook acknowledged in D.C. federal court Wednesday that Meta Platforms Inc.'s original application remains focused heavily on sharing with friends, but, despite Federal Trade Commission claims it's monopolized that business, said social media has evolved so much that those connections are no longer the platform's "main character."
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May 14, 2025
Wells Fargo, Others To Pay $19.5M For Recording Biz Calls
Wells Fargo and two other companies agreed to pay $19.5 million to settle allegations they listened in on small businesses' calls in violation of the California Invasion of Privacy Act, according to a motion seeking final approval of the deal filed in federal court.
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May 14, 2025
CFPB Junks Plans For Data Broker, Contract Clause Rules
The Consumer Financial Protection Bureau said Wednesday that it is mothballing several more Biden-era regulatory initiatives, calling off planned rules that would have, among other things, required data brokers to comply with credit reporting-style protections.
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May 14, 2025
RJ Reynolds Can Keep Trial Win In Engle Case, Court Says
A Florida appeals court on Wednesday affirmed a verdict in favor of R.J. Reynolds in an Engle progeny suit over a longtime smoker's death, saying counsel's failure to use all their juror challenges invalidates an argument that a juror was unfairly selected.
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May 14, 2025
Chicken Price-Fixing Atty Fees Challenged Again At 7th Circ.
A class objector in Chicago's massive consolidated suit over broiler chicken price-fixing is again urging the Seventh Circuit to vacate an attorney fee award for class counsel in a $181 million deal for chicken buyers, saying the district court erred in calculating the $51.66 million awarded on remand.
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May 14, 2025
Keep DOGE Out Of Social Security Data, Unions Tell Justices
The U.S. Supreme Court has no reason to lift a ban on the Department of Government Efficiency accessing Social Security data, four unions argued in an amicus brief, backing two other unions in their bid to protect the injunction from the Trump administration's bid to defeat it.
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May 14, 2025
Judge Hints At Shielding Docs Of Live Nation Competitors
The California federal judge overseeing claims from concertgoers accusing Live Nation of violating antitrust law is likely to grant a request from ticketing rivals to protect documents the rivals say could facilitate the very conduct at issue in the case.
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May 14, 2025
NC Progressive Customers Get Class Cert. In Car Value Suit
A class of Progressive Auto Insurance customers in North Carolina suing over the company's alleged practice of making adjustments that reduced their compensation for total loss claims has been certified by a federal judge.
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May 14, 2025
Family Settles Drowning Suit With NC Vacation Rental Co.
A North Carolina beach house rental management company and its affiliates have settled a father's wrongful death lawsuit over a 2-year-old who drowned in a pool at an Emerald Isle vacation home, according to a notice filed Wednesday.
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May 14, 2025
CFTC Forex Case Dismissed Over Sanctioned Conduct
A New Jersey federal judge on Wednesday approved sanctions against the U.S. Commodity Futures Trading Commission, one day after a special master's report said the agency acted in "bad faith" to gain a "tactical advantage" over a foreign exchange firm it accused of fraud.
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May 14, 2025
Fintech Group OK'd To Defend CFPB Open-Banking Rule
Fintech industry group the Financial Technology Association received the green light on Wednesday to defend the Consumer Financial Protection Bureau's open banking rule in an ongoing legal challenge from the banking industry.
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May 14, 2025
BofA, Fla. Woman End Suit Over Imposter's $2M Grab
Bank of America has settled a suit accusing the bank of failing to protect a 67-year-old Florida woman's accounts as she fell victim to a sophisticated social engineering scam by a person posing as a Federal Trade Commission investigator who stole $2 million.
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May 14, 2025
House Committee Tees Up FCC Auction Reauthorization
While the House Energy and Commerce Committee on Tuesday was voting to clawback billions of dollars earmarked during the Biden administration for climate spending, it also managed to tee up a provision allowing the FCC to auction off spectrum once again.
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May 14, 2025
Keurig Settles For $950K Over Coffee Maker Defect
Keurig Green Mountain Inc. has agreed to pay $950,000 and extend the warranty on its coffee makers to resolve a suit alleging they were sold with a defect that rendered them unusable after descaling.
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May 14, 2025
Trump's Unorthodox US Atty Picks May Face Learning Curve
While some of President Donald Trump's picks for U.S. attorney fit the typical mold — former federal prosecutors and BigLaw alums — others lack the type of court experience that can be crucial for effective office management and earning the respect of judges, experts say.
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May 14, 2025
National Grid Must Face Jury Trial In Debt Harassment Suit
A Massachusetts federal judge ruled Wednesday that power company National Grid and two debt collectors must face a jury trial in a suit by a customer who says he was contacted about his outstanding debt more often than state law allows.
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May 14, 2025
Ohio Water Utility Sues Chem Cos. Over PFAS Cleanup
An Ohio water utility has said some makers of fire fighting foam that contain so-called forever chemicals have known since the 1960s that the chemicals would contaminate soil and water but continued to sell the foam regardless, according to a suit filed against a dozen companies.
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May 14, 2025
10th Circ. Wary Of Hemp Interests' Challenge To Wyoming Law
A Tenth Circuit panel on Wednesday appeared skeptical that a Wyoming state law regulating hemp-derived intoxicating products was preempted by the federal law legalizing hemp nationwide.
Expert Analysis
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How Trump Policies Are Affecting The Right To Repair
Recent policy changes by the second Trump administration — ranging from deregulatory initiatives to tariff increases — are likely to have both positive and negative effects on the ability of independent repair shops and individual consumers to exercise their right to repair electronic devices, say attorneys at Carter Ledyard.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Justices' TikTok Ruling Sets Stage For 1st Amendment Battle
The U.S. Supreme Court's landmark ruling upholding a law requiring TikTok's sale sets the stage for an inevitable clash between free speech and government interests and signals that future cases will turn on whether a regulation poses a substantial burden on speech, say attorneys at Dykema.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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2 Recent Federal Decisions Affecting State CIPA Cases
Two recent cases may help stem the tide of the ever-increasing number of California Invasion of Privacy Act complaints filed in federal court, but won't prevent plaintiffs from filing in state courts, so companies need to shift their focus from Article III standing to statutory standing, says Matthew Pearson at Womble Bond.
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Opinion
Airlines Should Follow Treaty On Prompt Crash Payouts
In the wake of the recent crash of a Delta Air Lines flight during landing in Toronto, it is vital for air carriers and their insurers to understand how the Montreal Convention's process for immediate passenger compensation can avoid years of costly litigation and reputational damage for companies, says Robert Alpert at International Crisis Response.
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McKernan-Led CFPB May Lead To Decentralized Enforcement
Though Jonathan McKernan’s confirmation as director would likely mean a less active Consumer Financial Protection Bureau, the decreased federal oversight could lead to more state-led investigations, multistate regulatory actions and private lawsuits under consumer protection laws, says Jonathan Pompan at Venable.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Opinion
SEC Shouldn't Complicate Broker-Dealers' AML Compliance
Recent U.S. Securities and Exchange Commission anti-money laundering enforcement actions show that regulators should not second-guess broker-dealers' reasonable judgment, or stretch the law or their jurisdiction to regulate through enforcement, lest they expect broker-dealers to vigorously defend their AML programs, say attorneys at WilmerHale.
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Rebuttal
6 Reasons Why Arbitration Offers Equitable Resolutions
Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.
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Executive Orders Paving Way For New Era Of Crypto Banking
Recent executive orders have already significantly affected the day-to-day operations of financial institutions that have an interest in engaging with digital assets, and creating informed strategies now can support institutions as the crypto gates continue to open to the banking industry, say attorneys at Spencer Fane.
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How Calif. Algorithmic Pricing Bills Could Affect Consumers
California's legislative efforts to regulate algorithmic pricing may address antitrust and fairness concerns, but could stop retailers from providing consumer discounts, says Alyssa Sones at Sheppard Mullin.
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Explaining CFPB's Legal Duties Under The Dodd-Frank Act
While only Congress can actually eradicate the Consumer Financial Protection Bureau, the Trump administration has sought to significantly alter the agency's operations, so it's an apt time to review the minimum baseline of activities that Congress requires of the CFPB in Title X of the Dodd-Frank Act, say attorneys at Bradley Arant.
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State Securities Enforcers May Fill A Federal Enforcement Gap
The U.S. Securities and Exchange Commission appears poised to take a lighter touch under the new administration, but state enforcement efforts are likely to continue unabated, and potentially even increase, particularly with regard to digital assets and ESG disclosures, say attorneys at Ropes & Gray.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.