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Consumer Protection

  • July 20, 2018

    TCF Bank To Pay $30M To End Overdraft Services Suit

    TCF National Bank has agreed to pay $30 million to resolve claims brought by the Consumer Financial Protection Bureau and Office of the Comptroller of the Currency over the Minnesota-based bank’s marketing and sale of overdraft services.

  • July 20, 2018

    Oncologist Says Roundup Caused Groundskeeper's Cancer

    The active ingredient in Monsanto's weed killers caused a retired groundskeeper's non-Hodgkin lymphoma, the former medical director of the University of Chicago's cancer center testified Friday during a first-of-its-kind California jury trial on whether the company should have warned consumers about its pesticides' cancer risks.

  • July 20, 2018

    NY, FTC Reach Deal With Firm In Debt Collection Suit

    A New York debt collector has agreed to a more than $22.5 million suspended judgment entered Thursday in a deal resolving its portion of a suit brought by the Federal Trade Commission and New York attorney general accusing it and two other firms of deceptive and abusive practices.

  • July 20, 2018

    Facebook Suspends Analytics Firm To Study Possible Misuse

    Facebook Inc. has suspended social media analytics firm Crimson Hexagon from using its platform, it announced Friday, saying it would look into whether the company’s work under contracts with federal agencies and a contract with a firm allegedly tied to the Russian government violate its user data policies.

  • July 20, 2018

    £275M Experian Merger Could Hurt Competition, CMA Says

    The U.K.’s competition watchdog said Friday that Experian’s proposed £275 million ($385 million) acquisition of a U.K.-based consumer credit data organization could harm competition because the companies are the two biggest providers of free credit scores in the U.K.

  • July 20, 2018

    Singapore Health System Breach Affects 1.5M Patients

    Online attackers have breached Singapore's largest health care database and have stolen personal records belonging to about 1.5 million people, in a haul that included a list of the prime minister's medications, officials said Friday.

  • July 20, 2018

    Apple User Fights To Win Cert. In HD False Ad Suit

    A California judge appeared unswayed Friday by an attorney who argued the judge should change his mind and certify a class of consumers who accuse Apple Inc. of "watering down" movies and shows that are advertised as high-definition, so they can be downloaded nearly instantaneously on Apple TV products.

  • July 20, 2018

    7th Circ. Refuses To Revive Suits Against Debt Collectors

    An assertion that a tax consequence “may” happen is not the same as a declaration that it “will,” a Seventh Circuit panel has ruled, upholding the dismissals of two individuals' suits against debt collection firms for a perceived implication about their forgiven debt.

  • July 20, 2018

    Apple’s $16.5M App Auto-Renew Deal Gets Initial OK

    A California judge on Friday preliminarily approved Apple Inc.’s $16.5 million deal with a certified class of 4 million customers who have accused the tech giant of automatically renewing application subscriptions on their iPads, AppleTVs and iPhones without their consent.

  • July 20, 2018

    Faulty Expert Opinion Tanks Auxilium Testosterone Suit

    The Seventh Circuit on Thursday declined to revive a man's suit against Auxilium Pharmaceuticals Inc. selected as a bellwether in multidistrict litigation over the alleged hidden risks of testosterone replacement therapy products, saying the district court properly barred his key witness from testifying.

  • July 20, 2018

    Lawmakers Ask Trump To Appoint Election Security Head

    Two New York congresswomen have urged President Donald Trump to appoint an election security head to prevent outside interference in the electoral process in light of the increasing evidence that Russia meddled in the 2016 election.

  • July 20, 2018

    Wells Fargo Beats Ex-Employee's Suit Over 'Unethical' Culture

    A California federal judge on Thursday dismissed a former Wells Fargo Bank NA employee’s suit alleging he was fired for failing to meet the bank’s lofty sales targets, saying he waited too long to file his complaint.

  • July 20, 2018

    GlaxoSmithKline Says FDA Rejected Zofran Birth Defects

    GlaxoSmithKline argued Thursday that it cannot be held liable for birth defects caused after pregnant women were prescribed its postoperative nausea drug Zofran because the U.S. Food and Drug Administration has since rejected any scientific correlation between the medication and defects.

  • July 19, 2018

    2nd Circ. Bats Down Sanctioned Atty's FDCPA Suit Over $131

    An attorney who reportedly tried to trick Midland Credit Management Inc. into violating the Fair Debt Collection Practices Act and was sanctioned for bringing frivolous litigation over $131 lost his appeal Thursday when the Second Circuit affirmed a lower court decision tossing the suit.

  • July 19, 2018

    What's Keeping Execs Up At Night? Cybersecurity, Poll Says

    The top liability concern facing American businesses is cybersecurity, while securities suits and other investors’ claims are being put on the back burner, according to a survey of 77 directors and officers from companies across various industries and geographic regions released Thursday.

  • July 19, 2018

    GM Ch. 11 Judge Undecided On $1B Ignition Switch Deal

    The judge presiding over the bankruptcy case for General Motors LLC’s predecessor said Thursday he’s not yet decided on whether class certification is needed for him to approve a proposed Chapter 11 settlement over legacy ignition switch lawsuits that could possibly cost the carmaker $1 billion in new stock.

  • July 19, 2018

    Russian Hack Charges Offer Rare Look At Spy Vs. Spy Battles

    The fly-on-the-wall account of Russian hacking laid out in Special Counsel Robert Mueller's indictment charging a dozen Kremlin-backed spies with interfering in the 2016 U.S. presidential election is striking, ex-prosecutors say, given its risk of exposing American investigative tools — which may have included hacking the Russians back.

  • July 19, 2018

    CFPB Director Nominee Gets Heat From Dem Senators

    President Donald Trump’s nominee to become director of the Consumer Financial Protection Bureau faced withering criticism from Democratic senators at her confirmation hearing Thursday over her past oversight of agencies responsible for the recent separations of migrant families, but offered a few glimpses of how she might lead the federal consumer watchdog.

  • July 19, 2018

    Ford, Bosch Say Super-Duty Truck Emissions Suit Baseless

    Ford Motor Co. and auto parts supplier Robert Bosch LLC rebuked a proposed Michigan class action alleging they rigged 500,000 heavy-duty trucks to cheat emissions tests, saying Wednesday the vehicle owners’ unsubstantiated racketeering and fraud claims based on contrived road tests won’t hold up in court.

  • July 19, 2018

    Class Attorneys Secure $40M From Solodyn Pay-For-Delay

    A Massachusetts federal judge greenlighted more than $40 million in attorneys’ fees that consumers, pharmacies and health plans racked up during four years of multidistrict litigation and a three-week trial alleging several U.S. drugmakers colluded to delay a generic alternative to brand-name acne medication Solodyn.

Expert Analysis

  • Biometrics And Geolocation Legislation: A Midyear Update

    Justin Kay

    In the first half of 2018, technology that determines where you are and who you are garnered significant attention. Less discussed are the legislative efforts underway in the federal government and in many states to regulate these emerging technologies, says Justin Kay of Drinker Biddle & Reath LLP.

  • The Opioid Epidemic: Who Will Jurors Hold Accountable?

    Christina Marinakis

    Hardly a day goes by where we don’t hear about another lawsuit being filed accusing pharmaceutical companies, distributors, hospitals and pharmacies of fueling the country’s addiction to opioids. But without any of these cases reaching a jury to date, it can be difficult to predict how jurors will react to these claims, says Christina Marinakis of Litigation Insights.

  • Employers Can Prepare For New Colo. Data Privacy Law

    Dustin Berger

    Thanks to new legislation recently signed into law by Colorado Gov. John Hickenlooper, organizations that employ workers in the state will soon face more stringent data privacy requirements. Dustin Berger of Holland & Hart LLP reviews key elements of the new requirements and steps employers should take to comply.

  • Guest Feature

    Chris Dodd Talks Dodd-Frank, Nuremberg Trial, Hollywood

    Randy Maniloff

    Attorney Randy Maniloff recently sat down with former Sen. Christopher Dodd at his new office at Arnold & Porter in Washington, D.C. The goal? To discover things we might not know about the author of some of the most important legislation of the last few decades.

  • How FCC Ruling Could Impact Viability Of TCPA Fax Cases

    Lewis Wiener

    In Scoma Chiropractic v. Dental Equities, a junk fax case brought against MasterCard International, a Florida federal court recently issued a stay pending a ruling from the Federal Communications Commission. The decision may have ripple effects in other pending Telephone Consumer Protection Act actions, say Lewis Wiener and Alexander Fuchs of Eversheds Sutherland.

  • New Privacy Laws' Unintended Impact On Bankruptcy Sales

    Walt Sapronov

    When the next downturn occurs, bankruptcies and opportunities for investors to pick up distressed assets on the cheap will follow. Where those assets include customer lists or other personal information protected by new privacy laws in the EU and California, those sales will become more difficult, say Walt Sapronov and Paul Kouroupas of Sapronov & Associates PC.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • CFPB In-House Judges May Be Next To Come Under Scrutiny

    Gregory Hesse

    The U.S. Supreme Court's ruling last month in Lucia that an administrative law judge at the U.S. Securities and Exchange Commission is subject to the Constitution's appointments clause does not bode well for ALJ rulings relied on by the Consumer Financial Protection Bureau, say attorneys with Hunton Andrews Kurth LLP.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • Beware Processors As Co-Controllers Under GDPR

    Cynthia Cole

    Contracts between controllers and processors should require the data processor to act solely upon the controller's instructions and to take appropriate measures to keep the personal data secure. What is very different under the EU General Data Protection Regulation is that processors now have direct responsibilities and obligations, outside the terms of the contract, says Cynthia Cole of Baker Botts LLP.