Consumer Protection

Expert Analysis

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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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.