Consumer Protection

Expert Analysis

• If Editorial Content Includes Affiliate Links, Is It An Ad?

  

  A recent decision from the National Advertising Division involving content in Buzzfeed’s “Shopping Guide" provides important guidance to advertisers and publishers, particularly with respect to distinguishing between editorial content and advertising, says Terri Seligman of Frankfurt Kurnit Klein & Selz PC.

• Leveraging Today's Lateral Associate Market

  

  With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.

• 'One A Day' Will Not Keep Plaintiffs Away

  

  In a ruling earlier this month concerning Bayer's "One A Day" vitamin gummies, a California state appeals court clarified how the defendant cannot rely on the fine print to escape a mislabeling claim at the pleadings stage. In doing so, the court appears to have laid a road map for how to defeat class certification in such cases, say Robert Guite and Jay Ramsey of Sheppard Mullin Richter & Hampton LLP.

• A Closer Look At Proposed Regs For Nonbank Loan Servicers

  

  A recently introduced bill that would create a new authority over mortgage loan servicers that handle loans for Fannie Mae and Freddie Mac likely has no chance of passage in the short term. But these entities should keep an eye on the potential federal extension of so-called safety and soundness principles, say Laurence Platt and Michael McElroy of Mayer Brown LLP.

• Q&A

  Back To School: Stanford's Jeff Fisher Talks Supreme Court

  

  In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

• The Diminishing Role Of Agency Guidance

  

  An interagency statement issued by several banking agencies last week — that supervisory guidance does not have the force and effect of law — reflects the current administration’s deregulatory agenda. But ultimately, the agencies’ newly stated position may have little practical impact, say attorneys with Arnold & Porter.

• What We Heard At The FTC Hearings: Day 1

  

  Last week, the Federal Trade Commission began a series of public hearings on competition and consumer protection issues. Attorneys with Perkins Coie LLP offer some key takeaways from the three panel discussions.

• Calif.'s New Rules For Lawyers Move Closer To ABA Model

  

  The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

• Know The Limits To Atty Public Statements During A Trial

  

  The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

• NY Revives Fair Lending Risks For Indirect Auto Lenders

  

  The recent rollback of Obama-era fair lending enforcement does not mean that the risks have disappeared. New York guidance issued last month for indirect auto lenders shows that states are stepping up to fill in where the Trump administration has backed off, says Melanie Brody of Mayer Brown LLP.