Consumer Protection

  • July 20, 2017

    Developers Seek Escape From Leaning Millennium Tower Suit

    The Millennium Tower’s individual and corporate developers and managers asked a San Francisco judge Thursday to end claims against them brought by residents who bought units in the building that is now sinking, saying the residents couldn’t prove marketing materials had defrauded or misled them about the building’s tilting woes.

  • July 20, 2017

    ‘Flushable’ Is ‘A Pretty Basic Concept,’ Judge Tells P&G

    A California federal judge appeared open Thursday to certifying a class of Procter & Gamble Co. consumers in their suit alleging the company falsely advertises its bathroom wipes as being flushable, rejecting P&G’s argument that “flushable” is open to different interpretations and noting that it’s a “pretty basic concept.”

  • July 20, 2017

    PC Richard Resolves Shopper's Suit Over Card Receipts

    P.C. Richard and a consumer agreed Thursday to dismiss a putative class action against the retailer in New Jersey federal court, after telling a judge this week that the parties had reached a tentative deal over claims the company unlawfully printed credit or debit card expiration dates on sales receipts.

  • July 20, 2017

    Ocwen Reaches $56M Settlement In Investors' Class Action

    Mortgage servicer Ocwen Financial Corp. announced in a filing with the U.S. Securities and Exchange Commission on Thursday that it has reached a $56 million settlement with a proposed class of investors to resolve claims it issued false and misleading statements about its federal rules compliance.

  • July 20, 2017

    Russian Hacker Gets 5 Years For $500M Malware Attack

    A Russian man was sentenced to five years in prison Wednesday in Georgia federal court for his part in the development and distribution of malicious Citadel malware that infected 11 million computers worldwide and caused $500 million in losses.

  • July 20, 2017

    8th Circ. Asked To Revisit $32M Blue Buffalo False Ad Deal

    A class member told the Eighth Circuit on Wednesday that the panel was wrong to uphold a ruling that approved a $32 million settlement between Blue Buffalo Co. Ltd. and a class of consumers in a pet food false advertising suit, urging the court to grant his request for an en banc rehearing.

  • July 20, 2017

    Sessions Memo Leads DOJ To Nix $3M Harley Enviro Project

    The U.S. Department of Justice on Thursday told a D.C. federal judge that it wants to cut a $3 million environmental project from an already-proposed settlement with Harley-Davidson Inc. over allegations that the company used engine emission cheat devices, in order to comply with new DOJ policy.

  • July 20, 2017

    Abbott, Fla. Pharmacy Settle 'Gray Market' Test Strip Suit

    Abbott Laboratories and a Florida pharmacy have agreed to settle a suit accusing the pharmacy of selling “gray market” versions of the drugmaker's diabetes test strips, with the companies on Thursday asking a New York federal court to enter a permanent injunction blocking the pharmacy from selling unauthorized products.

  • July 20, 2017

    Pa. AG Taps Ex-Reed Smith Atty For Consumer Finance Unit

    The Pennsylvania Office of Attorney General announced on Thursday that it was bringing on board a former Reed Smith LLP attorney to head up a newly minted consumer financial protection unit.

  • July 20, 2017

    Comcast Says Contract Trumps Promise In Credit Check Suit

    Comcast asked an Illinois federal judge to toss a proposed class action that alleged the cable giant collected a deposit in lieu of a credit check but ran a check anyway, arguing that a written contract permitted the check regardless of any alleged oral agreement to avoid one.

  • July 20, 2017

    Dish Says Trebled $61M Damages In TCPA Suit Are Excessive

    Dish Network LLC continued to fight a treble damages order of up to $61 million in a suit accusing one of its marketers of making illegal telemarketing calls, telling a North Carolina federal court Wednesday that the award is excessive and that the suit should be tossed as many of the claims were already litigated in a separate Illinois suit.

  • July 20, 2017

    Lab Test Keeps Trader Joe's Truffle Kerfuffle Simmering

    A Manhattan federal judge told Trader Joe's Co. on Thursday not to bother filing a dismissal bid, after would-be classes of cheated condiment connoisseurs in New York and California said tests prove the grocery giant sold imported truffle-flavored olive oil that contains no "black truffle whatsoever."

  • July 20, 2017

    Republicans Move To Nullify CFPB’s New Arbitration Rule

    Congressional Republicans on Thursday made their first move to eliminate a Consumer Financial Protection Bureau rule that stops companies from putting class action bans in their arbitration clauses and makes it easier for consumers to sue banks, credit card firms, payday lenders and other service providers.

  • July 19, 2017

    Trump Banking Noms To Get Senate Hearing Next Week

    The Senate banking committee on Wednesday said it would hold confirmation hearings next week for nominees to fill two key bank regulatory positions and hasten the pace of the Trump administration’s planned rollback of bank rules.

  • July 19, 2017

    Rams Fans Urge Court Not To Call Timeout In Relocation Suit

    More fans suing the Rams NFL team over its move to Los Angeles on Tuesday urged a Missouri federal court not to pause two of the consolidated suits pending arbitration in the team’s dispute with a local convention center.

  • July 19, 2017

    VW Bondholders Can Press On In Emissions Scandal MDL

    Bondholders can continue to bring a putative class action against Volkswagen alleging inflated bond values caused by the 2015 diesel emissions scandal, a California federal judge ruled Wednesday, though he trimmed some claims against corporate and individual defendants.

  • July 19, 2017

    5 More AGs Bring Price-Fixing Suit Against Drugmakers

    Arkansas, Missouri, New Mexico, West Virginia and Washington, D.C., have joined more than 40 states in suing several major drug companies, including Heritage, Mylan and Teva, in Connecticut federal court for allegedly fixing the prices of a generic antibiotic and a diabetes medication.

  • July 19, 2017

    GM Settlement Over Fuel-Economy Labels Gets Green Light

    A Michigan federal judge preliminarily approved on Wednesday General Motors LLC’s multimillion-dollar deal that would resolve a putative class action alleging the automaker overstated the fuel economy of three of its sport utility vehicles, with the class attorneys receiving $1.3 million in fees.

  • July 19, 2017

    LabCorp Says AIG, Liberty Must Cover $13.5M FACTA Suit

    Laboratory Corp. of America hit AIG Specialty Insurance and Liberty Mutual Insurance Co. with a suit on Wednesday in North Carolina federal court seeking coverage for the roughly $13.5 million it shelled out to settle a consumer privacy class action in 2015.

  • July 19, 2017

    Voter Fraud Panel Needn't Give Public Access, Judge Says

    A Washington, D.C., federal judge on Tuesday ruled that the Presidential Advisory Commission on Election Integrity, which was established to investigate voter fraud, does not have to allow public access to its first meeting, denying a request from a legal civil rights nonprofit that argued attendance by members of the public would increase transparency.

Expert Analysis

  • Heller Sequels And 2nd Amendment, Still Undecided: Part 1

    Robert Ludwig

    In the first installment of this three-part series, attorney Robert W. Ludwig takes a deep dive into the controversial history of Second Amendment jurisprudence.

  • GDPR — Unlocking The Security Obligations

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    The General Data Protection Regulation recognizes that security is an essential feature of data protection, but it provides little explicit guidance on how to implement a GDPR-compliant security program. However, there are several key provisions that provide broad-brush suggestions on the tools companies might employ to comply, says Shannon Yavorsky of Venable LLP.

  • A Chat With FTC’s Thomas Pahl

    Lucy Morris

    Recently, I joined a “fireside chat” with Thomas Pahl, acting director of the Federal Trade Commission’s Bureau of Consumer Protection. He discussed the FTC’s consumer protection priorities and its initiative to reform the agency’s investigative process, says Lucy Morris of Hudson Cook LLC.

  • Courts Rein In TCPA 'Revocation Of Consent' Claims

    Michael Daly

    As we all anxiously await a decision in the appeal from the Federal Communications Commission's “any reasonable method” ruling, several courts have found other ways to limit this particular species of Telephone Consumer Protection Act abuse. The most recent and notable is the Second Circuit's decision last month in Reyes v. Lincoln, say Michael Daly and Daniel Brewer of Drinker Biddle & Reath LLP.

  • Clearing Content For Digital Advertising: 5 Things To Address

    Benjamin Mulcahy

    The speed with which advertising content can be created and published means that advertisers must be more thorough and vigilant than ever in their clearance efforts, say Benjamin Mulcahy and Gina Reif Ilardi of Jenner & Block LLP.

  • Weekly Column

    Innovating For Wise Juries: Matching Experts

    Stephen Susman

    In the penultimate installment of this series, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project answer a question on many legal analysts’ minds: What if both sides’ expert witnesses sat in a hot tub discussing the case while a jury watched?

  • Rebuttal

    The Rise Of Midsize Firms

    Ronald Shechtman

    Recently, this publication featured an op-ed in which one law firm partner contended that midsize firms will be the next casualty of the legal market, due to a supposed inability to compete with BigLaw or boutique firms for business. Though we can expect to see Am Law firms continue to lead the market in megadeals and life-or-death litigations, by all indications midsize is on the rise, says Ronald Shechtman of Pryor Cashman LLP.

  • Resolving Class Claims Individually Post-Fulton Dental

    Arsen Kourinian

    Expanding on the U.S. Supreme Court’s Campbell-Ewald ruling, the Seventh Circuit’s recent decision in Fulton Dental v. Bisco further restricts a defendant’s ability to individually resolve a putative class action. Arsen Kourinian of McGuireWoods LLP discusses whether there are other procedural mechanisms that would permit a defendant to provide an unwilling plaintiff full relief in order to moot class claims.

  • 5 Questions To Ask Yourself Before Submitting Litigation AFA

    Gregory Lantier

    Outside counsel should be able to articulate why she is proposing an alternative fee arrangement for this matter. If the client has not requested an AFA or the case is unusually difficult to budget with accuracy, this might not be the case to propose an AFA, say attorneys with WilmerHale.

  • How Mobile Apps Can Benefit Your Practice

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    Despite the boom in mobile application development, many lawyers are still reluctant when it comes to using apps in their daily work. Attorney Sean Cleary explores the benefits and shares some recommendations for apps geared toward attorneys.