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Consumer Protection

  • November 15, 2018

    Calif. Judge Moves Up Roundup Trial Due To Health Concerns

    A California judge on Thursday granted a couple's request to expedite the trial schedule for their lawsuit alleging Monsanto's Roundup and Ranger Pro herbicides gave them cancer, saying their health could impact their ability to pursue their claims and setting the trial for March 18.

  • November 15, 2018

    US Must Use 'Full Toolkit' To Fight Cybercrime: Ex-DOJ Chief

    John P. Carlin, who ran the U.S. Department of Justice’s National Security Division before going into private practice, tells Law360 how a deterrence campaign can help America win its "code war" against Russia, China, North Korea and Iran. He also shares advice for firms deciding whether to tell authorities about cyberattacks.

  • November 15, 2018

    Insurer Must Face Fraud Claim Over Release, 3rd Circ. Says

    An insurer may be held liable under New Jersey’s Consumer Fraud Act in a suit alleging a company agent fraudulently induced a woman into releasing one of its other customers from liability over a car crash, the Third Circuit said Thursday in a precedential opinion reviving her class action CFA claim.

  • November 15, 2018

    Power Retailer Seeks Del. Ch. 11 To Ward Off Mass. Suit

    Massachusetts retail electricity supplier Starion Energy Inc. sought refuge in Delaware bankruptcy court late Wednesday, saying it needed a Chapter 11 shield while battling a Commonwealth consumer protection action that threatened the business and more than $30 million of its cash.

  • November 15, 2018

    Pa. Justices Snub Appeal In Axed Foreclosure Fee Case

    The Pennsylvania Supreme Court said Thursday it would not hear an appeal of a decision refusing to revive class claims accusing Udren Law Offices PC of illegally collecting excessive fees in connection with mortgage foreclosure actions against homeowners.

  • November 15, 2018

    Cambridge Analytica Director Deemed Responsible In Ch. 7

    The elusive director of scandal-plagued political consulting shop Cambridge Analytica LLC has been designated the "person responsible" for the bankrupt entity in its Chapter 7 case, a move that could aid the beleaguered attorneys at Schulte Roth & Zabel LLP who've been trying to withdraw as the debtor's counsel for months.

  • November 15, 2018

    Dems Query Top 4 Mobile Carriers Over Throttling Concerns

    Three Democratic U.S. senators sent letters to AT&T, Verizon, Sprint and T-Mobile on Thursday asking if the companies had slowed down certain services on their networks after a study showed that each of the mobile carriers had stifled at least one video streaming service.

  • November 15, 2018

    Spirit Airlines Takes Class Arbitration Fight To High Court

    Spirit Airlines Inc. has asked the U.S. Supreme Court to review an Eleventh Circuit ruling that an arbitrator, not a court, should decide whether the agreement between the airline and members of its $9 Fare Club allows for class arbitration.

  • November 15, 2018

    FCC Applauds Step Toward Stemming Spoofed Calls

    The Federal Communications Commission on Thursday praised steps taken by the Alliance for Telecommunications Industry Solutions to get a system in place to prevent robocallers from pestering consumers with calls from spoofed numbers.

  • November 15, 2018

    FYE Must Face The Music For Bogus 'Free' Offers, Suit Says

    The parent company of music and movie retailer FYE and a Meredith Corp. subsidiary were hit with a proposed class action in Massachusetts federal court Wednesday alleging they duped consumers into signing up for “free” offers that actually led to monthly charges.

  • November 15, 2018

    Sexy Hair Gets Initial OK For $2.3M Deal Over Labeling

    A shampoo labeling flap appears headed for a $2.33 million settlement after a Massachusetts federal judge gave his preliminary stamp of approval late Wednesday in a dispute involving a proposed class suing beauty products retailer Ulta and shampoo maker Sexy Hair Concepts LLC.

  • November 15, 2018

    Insys Sales VP To Plead Guilty In Opioid Kickback Case

    A major player in an alleged conspiracy to bribe doctors to prescribe fentanyl-based drugs from the company Insys Therapeutics is prepared to plead guilty, prosecutors said Wednesday in a filing in Boston federal court.

  • November 14, 2018

    Travel Co. Trying To Pay Flyers To Duck Settlement, Atty Says

    A travel booking firm accused of jacking up airfares tried to end-run the settlement process in an antitrust suit by engaging in direct talks with several airline ticket buyers, a lawyer for the passengers who brought the suit has told a New York federal judge.

  • November 14, 2018

    Sanctions Sought In Alleged Cryptocurrency Pyramid Scheme

    An Alabama man accused of promoting a cryptocurrency investment pyramid scheme faced questioning in Florida federal court Wednesday about his involvement with similar businesses as the Federal Trade Commission pushed for sanctions over his alleged failure to follow a court order to produce and preserve certain documents.

  • November 14, 2018

    High Court May Upend TCPA Litigation Landscape

    The U.S. Supreme Court's impending decision on how much deference courts should give to the Federal Communications Commission on the Telephone Consumer Protection Act is poised to change the way plaintiffs and defendants frame key issues that have fueled an explosion of litigation under the statute, attorneys say.

  • November 14, 2018

    FDIC Puts Out Call For Information On Small-Dollar Lending

    The Federal Deposit Insurance Corp. said Wednesday that it's looking for input on how to encourage banks to offer small-dollar loans, a move that could lay the groundwork for a more substantive thawing in the agency's attitude toward this type of credit.

  • November 14, 2018

    FTC Shuts Down 1-800 Contacts Online Ad Compacts

    The Federal Trade Commission has ordered an end to a set of marketing agreements between 1-800 Contacts Inc. and its competitors that hurt competition in advertising through online search engines, the agency announced Wednesday.

  • November 14, 2018

    EPA Eases Hazmat Rules For Discarded Takata Air Bag Parts

    The U.S. Environmental Protection Agency said Wednesday that it will ease hazardous waste regulations for auto dealerships, repair facilities and scrap yards disposing of potentially deadly Takata air bag inflators at the center of a sweeping 2015 national recall.

  • November 14, 2018

    Chancery Suit Seeks $150M In Student Loan Trust Damages

    Holders of $1.5 billion in notes secured by part of investor Donald Uderitz's $15 billion National Collegiate student loan trust empire have sued in Delaware Chancery Court for control of the assets and $150 million or more in damages for losses and litigation expenses.

  • November 14, 2018

    Mike And Ike Slack-Fill Suit Dismissed After Deal Reached

    A Missouri federal judge on Wednesday dismissed a proposed class suit against the maker of Mike and Ike and Hot Tamales candies alleging it underfilled boxes of the sweets, citing a settlement the candymaker reached with the proposed class.

Expert Analysis

  • Opinion

    Concerns About CFPB Trial Disclosure Policy Are Misplaced

    Eric Mogilnicki

    Opposition to the Consumer Financial Protection Bureau's newly proposed trial disclosure policy appears rooted in a wholly appropriate concern, but the relevant statute and empirical evidence indicate that consumers would benefit from the policy, say Eric Mogilnicki and Michael Nonaka of Covington & Burling LLP.

  • Aviation Watch: Wheels Up For FAA Reauthorization

    Alan Hoffman

    It’s impressive, in the current atmosphere of division and gridlock, that Congress managed to hammer out a five-year Federal Aviation Administration reauthorization bill, covering a wide range of important and often contentious matters, says Alan Hoffman, a retired attorney and private pilot.

  • Q&A

    A Chat With Bryan Cave Innovation Chief Katie DeBord

    Katie DeBord

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Katie DeBord, chief innovation officer at Bryan Cave Leighton Paisner LLP.

  • FDA Streamlines 510(k) Process, As Courts Reconsider It

    Caitlin McHugh

    The U.S. Food and Drug Administration is expediting the Section 510(k) approval process for Class II medical devices, while courts are accepting the argument that 510(k) approval signifies safety and effectiveness — with implications for punitive damages awards, say Caitlin McHugh and Matthew Smith of Drinker Biddle & Reath LLP.

  • Press Pause Before Using Biometric Tech In The Workplace

    Robert Quackenboss

    As demonstrated by a recently filed class action against a hospital housekeeping company in Illinois federal court — Byczek v. Xanitos — the ever-changing legal landscape surrounding biometric data should give employers pause when considering its use in the workplace, say Robert Quackenboss and Madalyn Doucet of Hunton Andrews Kurth LLP.

  • AI's Role In Financial Services: Some Early Lessons

    Eamonn Moran

    The use of artificial intelligence in financial services is still in the early stages. But a speech this week by Federal Reserve Gov. Lael Brainard shows that regulators are aware and paying attention, says Eamonn Moran of Kilpatrick Townsend & Stockton LLP.

  • Solving The Mystery Of Contracting By Hyperlink

    Alan Wingfield

    When analyzing the incorporation of contract terms by reference using hyperlinks, courts are increasingly focusing on the hyperlink's labeling, location, prominence and accessibility, and on the consumer's assent, say Alan Wingfield and Troy Jenkins of Troutman Sanders LLP.

  • Sekura Case Expands Scope Of Illinois Biometric Privacy Law

    Greg Abrams

    An Illinois state appeals court's recent decision in Sekura v. Krishna Schaumburg Tan appears to break from multiple Biometric Information Privacy Act cases that had required plaintiffs to allege some harm beyond mere technical violations to qualify as “aggrieved,” say attorneys with Faegre Baker Daniels LLP.

  • Simple Secrets For Improving Your CLE

    Daniel Karon

    With few cases going to trial, many attorneys keep their oral-presentation skills sharp by teaching continuing legal education programs. To avoid giving a CLE that falls flat and damages your reputation, you must fashion a thoughtful message, control its presentation, and nail the beginning and ending, says Daniel Karon of Karon LLC.

  • It’s Time For Law Firms To Start Talking About Gen Z

    Eliza Stoker

    Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.