A bipartisan group of U.S. lawmakers on Wednesday renewed a long-running push to update the Children's Online Privacy Protection Act to extend certain restrictions on the collection and use of personal information to cover children as old as 15 and to place limits on the sale of internet-connected devices marketed to children.
A New Jersey federal judge won't reconsider denying class certification in a suit alleging that Tropicana Products Inc. not-from-concentrate orange juice was mislabeled as "natural," denying the consumers' argument that the judge had misconstrued their claims in his ruling.
Teledentistry company Smile Direct Club LLC has slapped Georgia’s Board of Dentistry with a lawsuit in Georgia federal court accusing it of impermissibly restricting trade through a recently passed rule that requires a licensed dentist to supervise digital scans used to fit orthodontic aligners for straightening crooked teeth.
Fiat Chrysler told a California federal judge that drivers in a multidistrict litigation over the alleged rigging of emissions tests have not salvaged their claims against the company, saying the judge should at least cut a Racketeer Influenced and Corrupt Organizations Act claim from the consolidated class action.
The operator of the Empire State Building Observatory was slapped with a proposed class action in New York federal court Wednesday alleging that its website isn’t accessible to visually impaired and blind individuals and violates the Americans with Disabilities Act and state law.
Aetna Inc. has filed suit in Pennsylvania federal court accusing the class counsel in two underlying privacy suits against the insurer of approving a settlement mailing that allegedly violated members’ privacy anew by potentially revealing their HIV status and launched a new round of litigation.
Confusion reigns over how the European Union's new data regime coming on the books Friday will address blockchains, the decentralized data trails that facilitated the rise of the cryptocurrency bitcoin. Elements of the emerging technology appear to clash directly with the law's rules for deleting and minimizing data. But industry lawyers say a delicate coexistence between blockchain and the General Data Protection Regulation is on the horizon — though getting there won't be easy.
Kimpton Hotel & Restaurant Group LLC has reached a settlement agreement in a suit over the theft of payment card data in a 2016 security breach, with the proposed class asking a California federal court to approve reimbursement of up to $10,000 each for 150,000 or more consumers.
The Senate confirmed President Donald Trump's choice of a Fifth Third Bancorp executive to head the Federal Deposit Insurance Corp. on Thursday, rounding out Trump's appointments to major financial regulators.
Pfizer Inc. will pay $23.8 million to resolve allegations that it used a charitable organization to provide kickbacks to Medicare patients who took certain drugs manufactured by the pharmaceutical giant, the U.S. Department of Justice announced Thursday.
Banks and insurers are scurrying to prepare for Europe's sweeping data regime that comes into force on Friday, but legal advisers predict that regulators will likely offer a grace period as they adjust to their own formidable new duties.
The construction industry has long had to worry about insuring the physical and natural disasters that can derail multimillion-dollar projects, but this coverage likely won't be broad enough to reach cyberthreats that could be just as damaging to the ebb and flow of their work, attorneys say.
The Office of the Comptroller of the Currency said Wednesday that it’s now encouraging the banks it oversees to get into the business of making short-term, small-dollar loans to consumers, a $90 billion market that the agency had previously steered banks away from.
A class action against used-car dealer Off Lease Only Inc. for allegedly sending unsolicited text messages in violation of the Telephone Consumer Protection Act will head to a jury as a Florida federal judge found Wednesday that too many factual disputes remain for her to decide the case.
Major questions still dog the path to final approval of a $2.3 billion settlement of forex-rate-rigging claims by 15 major banks, a hearing Wednesday revealed, as a New York federal judge asked plaintiffs’ counsel for more data to support an 18 percent fee request and delved into the proper treatment of ERISA claims.
A California federal judge said Wednesday he'll grant preliminary approval to a $6.5 million class action settlement ending claims alleging Allstate Insurance Co. unlawfully sent junk faxes to thousands of Golden State residents soliciting customers for car insurance.
News that Volkswagen rigged U.S. diesel emissions tests — a scandal sometimes referred to as “Dieselgate” — has harmed the “hardworking men and women who make their livelihood selling vehicles in the Volkswagen brand” and led to reduced sales, according to a consolidated class action filed in California federal court on Tuesday.
Assistant Attorney General Makan Delrahim, head of the U.S. Department of Justice's antitrust division, said Tuesday that the traditional consumer welfare standard, which places antitrust scrutiny on prices and products available to consumers, can be adapted to better enforce digital markets through an increased focus on innovation, choice and quality.
L.L. Bean Inc. on Wednesday asked a Massachusetts federal judge to toss a putative class action, arguing the Bay State resident who says the clothing giant breached its satisfaction guarantee policy is simply looking to replace an old pair of slippers for free.
The recent dismissal of a Federal Trade Commission action challenging a purported pay-for-delay agreement between Endo and Impax provides important insights about how courts could analyze these types of agreements under the Supreme Court's landmark Actavis ruling.
Businesses that are only now waking up to the reality of the EU General Data Protection Regulation, which took effect on Friday, must prioritize their compliance efforts to mitigate potential regulatory risks as they work quickly to achieve full compliance, say Joseph Facciponti and Katherine McGrail of Murphy & McGonigle PC.
Earlier this month, the Ninth Circuit amended its 2017 decision in Davidson v. Kimberly-Clark Corp., and made it clear that a plaintiff who has learned the truth about an allegedly false advertisement only has standing if she intends to purchase the product again in the future, says Lucia Roibal of Morrison & Foerster LLP.
Over the last year, government reports, enforcement actions and new regulatory proposals have thrown health care technology into the limelight. While the Health Insurance Portability and Accountability Act is already one of the country's most robust privacy and security laws, the government is seeking to fill some significant gaps in regulation, says Elliot Golding of Squire Patton Boggs.
For the first time, the U.S. Consumer Product Safety Commission has imposed a civil penalty against a company for violations of Poison Prevention Packaging Act standards — despite no evidence of consumer injury. Prudent pharmaceutical and household product manufacturers may want to review their packaging compliance programs and reporting, to avoid penalties, litigation and recalls, say Amy Rubenstein and Jamie Davis of DLA Piper.
The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.
In March, the U.S. Food and Drug Administration issued three advanced notices of proposed rulemaking on tobacco, nicotine, flavors in tobacco products and premium cigars. Advertisers and manufacturers of tobacco products seeking to help the FDA craft better, more representative rules must provide comments to the agency by mid-June, says Paul Cicelski of Lerman Senter PLLC.
Companies take part in National Advertising Division proceedings as a form of industry self-regulation — and as an alternative to potentially costly litigation. Analysis of which plaintiffs firms are filing lawsuits after NAD rulings, and whether NAD decisions have any impact on federal courts, supports the conclusion that NAD participation has little correlation with consumer class actions, say attorneys with Kelley Drye & Warren LLP.
In a dramatic win for the auto finance industry, Congress recently voted to reverse the Consumer Financial Protection Bureau’s 2013 guidance related to fair lending and interest rates for indirect loans. However, such rollbacks may not be enough to create long-lasting regulatory relief, say attorneys with Nelson Mullins Riley & Scarborough LLP.
The EU General Data Protection Regulation implementation date — May 25 — is one week away. In this video, Brian Hengesbaugh of Baker McKenzie discusses how companies can set realistic short- and long-term goals.
Are plaintiffs lawyers scouring National Advertising Division rulings for litigation targets? An analysis of the timing of class actions in relation to NAD decisions suggests that the risk of being subject to a follow-on consumer class action after participation in an NAD proceeding that results in an adverse decision is low, say attorneys with Kelley Drye & Warren LLP.