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Consumer Protection
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June 16, 2025
Cannabis Regulators Association Names New Board Members
The Cannabis Regulators Association, an international organization of government officials who oversee marijuana and hemp policy, on Monday announced its new executive board.
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June 16, 2025
Pitt Can't Sell VIP Seats While Ticket Holder Seeks Injunction
A Pennsylvania state court judge enacted an emergency injunction Monday for a longtime University of Pittsburgh basketball season ticket holder, preventing the school from placing his courtside seats back into the ticket pool.
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June 16, 2025
Lowe's Faces Worker Class Claims Over Tobacco Surcharge
Lowe's overcharges its employees for health insurance if they are tobacco users in violation of federal benefits law, according to a proposed class action filed Monday in North Carolina federal court.
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June 16, 2025
Fed. Circ. Reverses False Ad Verdict Against ThermoLife
The Federal Circuit on Monday reversed a Florida federal court's decision that ThermoLife falsely promoted amino acid products used in supplements and engaged in unfair competition, but backed a sanctions award over a licensing agreement issue.
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June 16, 2025
China Mobile Won't Give Up Info In Federal Probe, FCC Says
China Mobile has failed to fully cooperate with an investigation of whether the company is violating restrictions on its U.S. operations and could soon be fined more than $25,000 per day if the situation continues, the Federal Communications Commission said Monday.
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June 16, 2025
Ohio Tells 6th Circ. PBM Case Doesn't Target Federal Work
Ohio urged the Sixth Circuit to send its case accusing Express Scripts and Prime Therapeutics of driving up prescription drug prices through rebate schemes back to state court, arguing the case doesn't target any federal government work by the pharmacy benefit managers.
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June 16, 2025
Rural Broadband Cos. Say Scalability, Cost Key To Buildout
Rural network providers are happy about some of the changes the U.S. Department of Commerce is making to the multibillion-dollar broadband deployment program BEAD, but say they also think the government should turn a keen eye toward making sure projects are scalable and cost-efficient.
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June 16, 2025
NJ Judicial Privacy Act Suits Too Fuzzy On Details, Cos. Say
Companies accused by data security firm Atlas Data Privacy Corp. of violating New Jersey's judicial privacy law argued in federal court Monday that the suits should be dismissed because they lack enough facts to carry their claims.
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June 16, 2025
Grubhub Can't Use FTC Deal To End Chicago's Deception Suit
Grubhub cannot cite a deceptive practices settlement it entered into with the Federal Trade Commission and Illinois officials to terminate the city of Chicago's lawsuit targeting prices it shows to customers, a state judge said on Monday.
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June 16, 2025
Commerce Official Turned US Rep. Slams 'Absurd' AI Proposal
Before coming to Congress in January, Rep. April McClain Delaney, D-Md., was a top official at the U.S. Department of Commerce, where she oversaw the rollout of a $42.45 billion broadband access program; now she's working to protect it from the "deeply dangerous" provision in the budget reconciliation bill that punishes states that attempt to regulate AI.
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June 16, 2025
Fla. Court OKs Atty Fees To Associations In Rent Control Suit
A Florida state appellate court reinstated a lawsuit brought by real estate groups against a county rent control measure saying they're owed attorney fees and costs as a "collateral legal consequence" of a challenge to a local ordinance that is preempted by state law.
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June 16, 2025
Real Estate Co. Hit With Unwanted-Text Class Action In Ga.
A real estate marketing company and a lead generation business were hit with a proposed class action in Georgia federal court by a woman who alleges they violated the Telephone Consumer Protection Act.
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June 16, 2025
Vaping Interests Seek Halt On New NC E-Cigarette Law
A coalition of vaping industry interests has asked a North Carolina federal judge to halt enforcement of a new state law regulating electronic cigarettes while its lawsuit alleging the policy is preempted by federal law plays out.
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June 16, 2025
Water Filter Co. Seeks Help Getting Clorox's Deleted Emails
A water filtration company accusing Clorox Co. and its Brita brand of a "patent ambush" to corner the market on home water filters has told a Pennsylvania federal court it needs assistance obtaining emails Clorox purportedly admitted to getting rid of through an auto-delete policy.
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June 16, 2025
Vet, Manager Can't Dodge $6M Horse Semen Suit, Farm Says
A horse farm told an Oregon federal judge that a veterinarian and a boarding manager can't escape a negligence and malpractice suit stemming from the destruction of $6.4 million worth of stallion semen, arguing the complaint successfully shows the two men violated consumer protections.
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June 16, 2025
Wash. AG Sues Over Alleged Exploitation Of Senior Tenants
Washington's attorney general has accused a property management company and the owners of several apartment complexes of deceiving low-income senior tenants by not telling them about the actual quality of properties or about how their rents were going to be calculated or raised.
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June 16, 2025
Delta, Endeavor Want Delay Or Transfer Of Toronto Crash Suit
Delta Air Lines Inc. and Endeavor Air Inc. are asking a Georgia federal court to either stay or transfer a man's suit over injuries suffered in the Delta Flight 4819 crash earlier this year in Toronto, saying the court should wait until the Judicial Panel on Multidistrict Litigation decides whether to move it and similar suits to an MDL.
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June 16, 2025
AI Legal Tool Co. Allegedly Misuses Litigants' Names For Ads
A group of litigants from California and Washington has filed a suit against legal technology firm UniCourt Research Inc. in federal court, alleging the company used details about their disparate case to promote its software subscription.
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June 16, 2025
All 50 States Agree To Purdue Pharma's $7.4B Settlement
Attorneys general from 55 U.S. states and territories on Monday backed Purdue Pharma's $7.4 billion deal to settle opioid injury claims against the company and the Sackler family, almost a year after the U.S. Supreme Court threw out Purdue's previous plan to end litigation over its role in the opioid epidemic.
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June 13, 2025
Vought's CFPB Finds Industry Fans In Rule Repeal Effort
Financial industry groups are lining up behind the Consumer Financial Protection Bureau's push to scrap a trio of Biden-era policies that they say overexpanded its supervisory and enforcement toolkit, urging on the agency's newfound deregulatory zeal.
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June 13, 2025
7th Circ. Won't Revive RICO Claims Against Blood Test Co.
A group of pilots and other people required to undergo alcohol screening for their employment cannot pursue their Racketeer Influenced and Corrupt Organization Act claims against a drug testing company, the Seventh Circuit ruled Friday after finding that the complaint doesn't adequately tie the plaintiffs' injuries to the alleged fraudulent scheme.
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June 13, 2025
Ga. Landowners Sue Carpet, Chemical Makers Over PFAS
Shaw Industries, Mohawk Industries, 3M Co. and several other major carpet manufacturers and chemical makers face a trio of new lawsuits accusing them of contaminating soil, dust and water across north Georgia with so-called forever chemicals.
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June 13, 2025
Vt., Minn. Move To Boost Social Media Protections For Kids
Vermont has become the latest state to enact legislation to require social media providers to bolster data privacy and safety protections for children, while Minnesota lawmakers sent to the governor's desk a first-of-its-kind bill to require mental health warning labels on these platforms.
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June 13, 2025
State Dept. Layoffs Still Violate Injunction, Judge Says
A California federal judge said Friday that planned staff reductions at the State Department would violate her injunction blocking President Donald Trump's executive order directing layoffs at federal agencies, saying she's not persuaded by the government's assertion that the department's reorganization was underway before the order.
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June 13, 2025
Social Media Addiction MDL Judge Picks Bellwether Trial Pool
A California federal judge on Friday narrowed the pool of cases set for the first bellwether trials in sprawling multidistrict litigation by school districts and personal injury plaintiffs over claims social media is addictive, choosing six bellwether school districts in Maryland, Georgia, Kentucky, New Jersey, South Carolina and Arizona.
Expert Analysis
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Compliance Refresher For 'Made In USA' Labeling Claims
As tariffs reshape the trade landscape, companies hoping to invoke the powerful consumer appeal of “Made in USA” labels must understand the strict rules for making acceptable claims so they avoid the costly legal ramifications and brand damage possible from misrepresenting products as 100% American, say attorneys at Morgan Lewis.
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4 Strategies For De-Escalating Hospitality Industry Disputes
As recent uncertainty in the travel business exacerbates the risk of conflict in the hospitality sector, industry in-house counsel and their outside partners should consider proactive strategies aimed at de-escalating disputes, including preserving the record, avoiding boilerplate clauses and considering arbitration, say Randa Adra at Crowell and Stephanie Jean-Jacques at Hyatt.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Appellate Guidance Needed On California Chatbot Litigation
There is wide variation in how courts are applying the California Invasion of Privacy Act against website owners that allegedly help third parties spy on visitors via chatbots — and the lack of appellate rulings creates uncertainty, especially as these cases move toward the summary judgment stage, say attorneys at Crowell & Moring.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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Platforms Face Section 230 Shift From Take It Down Act
The federal Take It Down Act, signed into law last month, aims to combat deepfake pornography with criminal penalties for individual wrongdoers, but the notice and takedown provisions change the broad protections provided by Section 230 of the Communications Decency Act in ways that directly affect platform providers, say attorneys at Troutman.
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CFPB's Guidance Withdrawal Deepens Industry Uncertainty
Following the Consumer Financial Protection Bureau's recent withdrawal of dozens of guidance documents in a post-Chevron world, financial services providers are left to make their own determinations about the complex issues addressed in the now-revoked materials, presenting a significant compliance burden, say attorneys at Bradley Arant.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.
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Digital Equity Act Grant Terminations Raise Key Legal Issues
The Trump administration's move to cancel grant programs created under the Digital Equity Act yields key legal and policy questions facing the executive branch, Congress and the courts, including how the administration plans to implement the cancellation of the Digital Equity Act's appropriations in the first place, say attorneys at Akin.
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GAO Report Reveals How Banks And Regulators Are Using AI
A U.S. Government Accountability Office report published last month makes clear that while both federal regulators and regulated entities like banks and credit unions are employing artificial intelligence to improve efficiency, they're maintaining some skepticism, say attorneys at Orrick.
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Robinson-Patman Enforcement May Fizzle Out After PepsiCo
After securing an early Robinson-Patman Act victory against the largest wine and spirits distributor in the U.S., the Federal Trade commission's voluntary dismissal of its own enforcement action against PepsiCo throws into doubt the future of the federal statute that prohibits price discrimination and other anticompetitive practices, say attorneys at V&E.
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Series
Running Marathons Makes Me A Better Lawyer
After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.
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3 Takeaways From Recent Cyberattacks On Healthcare Cos.
For the healthcare industry, the upward trend in styles of cyberattacks, costs, and entities targeted highlights the critical importance of proactive planning to help withstand the operational, legal and reputational turmoil that can follow a data breach, say attorneys at Troutman Pepper.
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Tips To Avoid Consumer Tracking Tech Class Actions
Recent class actions alleging Trade Desk illegally tracked millions of consumers through its advertising platform highlight growing data privacy compliance concerns over digital tracking practices, but there are disclosure best practices businesses can take to reduce litigation risk, says David Wheeler at Neal Gerber.