We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Consumer Protection

  • January 17, 2019

    Prison Callers Stuck Proving 'Intent' In Securus Recording Suit

    A class of ex-prisoners and attorneys suing prison telephone company Securus Technologies Inc. for tapping their calls lost their bid to appeal a ruling that “intent” is required to bring their California Invasion of Privacy Act claim, as a federal judge said Wednesday that rehashing the issue would be a waste of resources.

  • January 17, 2019

    Net Neutrality Oral Args To Proceed Despite Shutdown

    Upcoming oral arguments will proceed as planned in the case over net neutrality deregulation, the D.C. Circuit ruled Thursday, denying the Federal Communications Commission’s request to delay the event due to the government shutdown.

  • January 17, 2019

    Insulin Patients Impacted By Drug-Pricing Scheme, Court Told

    A class of diabetes patients alleging the three top insulin manufacturers colluded to drive up medicine prices for the uninsured and underinsured told a New Jersey federal judge Thursday they have standing to file a racketeering claim because they're the only ones in the supply chain injured by the practice.

  • January 17, 2019

    TCPA Litigation Attorney Joins Womble Bond Dickinson

    Womble Bond Dickinson has announced that it hired a former telecommunications attorney who has represented carriers in state and federal courts as well as before the Federal Communications Commission.

  • January 17, 2019

    Bills Target Scam Robocalls, Pirate Radio Broadcasts­­­­

    House and Senate lawmakers have resurrected bipartisan bills that would make it easier for the Federal Communications Commission to combat illicit radio broadcasts and go after scam robocalls.

  • January 17, 2019

    GOP Leaders Join Calls For Mobile Tracking Crackdowns

    Several House Republicans sent letters to AT&T, Sprint, Verizon and other telecom companies Wednesday asking them about privacy policies regarding location-sharing services after a report described how an individual can purchase location information from a mobile phone.

  • January 17, 2019

    4 Cos. Exit Charleston's 911 Fee Suit Against AT&T, Others

    A South Carolina federal judge has let four telecom companies out of a suit brought by Charleston County against AT&T and more than a dozen other phone service providers alleging that the companies undercharged business customers for 911 fees.

  • January 16, 2019

    OCC Chief Hopes To Work With Rep. Waters On CRA, Fintech

    The Office of the Comptroller of the Currency's top official said Wednesday he's "excited" the Community Reinvestment Act and fintech policy are key issues for Rep. Maxine Waters, the new Democratic chair of the House Financial Services Committee, and doesn't expect his agency's work to be affected by the committee's tilt to the left.

  • January 16, 2019

    Curious Jury Gets Answers From Pathologist In J&J Talc Trial

    A pathologist fielded questions in a California courtroom Wednesday from jurors considering whether Johnson & Johnson baby powder contained asbestos that caused a dying woman’s cancer, explaining that the asbestos amounts found in the woman’s lung tissue and lymph nodes were too high to have come from ambient air.

  • January 16, 2019

    Ongoing Gov't Shutdown Leaves Cyber Risks Unchecked

    The lingering government shutdown doesn't bode well for critical efforts to protect the nation from increasingly sophisticated cyberthreats, leaving gaping holes in agencies' ability to monitor threats, pursue bad actors and provide crucial aid to private companies, experts say.

  • January 16, 2019

    FCC Dropping Ball On Consumer Data Protection, Group Says

    The Federal Communications Commission has failed to enforce data protection laws, leading to "increasing recklessness" in the way companies safeguard consumer information, an internet advocacy group said Wednesday.

  • January 16, 2019

    Rubio Proposes Privacy Bill That Overrides State Data Laws

    Sen. Marco Rubio, R-Fla., on Wednesday introduced a national data privacy bill that would give Congress, not the Federal Trade Commission, the ability to write federal privacy rules — and which would override stringent state regulations.

  • January 16, 2019

    Wyndham Gets Terms-Of-Use Claim Cut From Resort Fee Suit

    Two Wyndham companies beat a proposed class claim that their websites violate New Jersey’s Truth in Consumer Contract, Warranty and Notice Act, after a Pennsylvania federal judge ruled Wednesday the lead plaintiff didn’t meet the law’s definition of an “aggrieved consumer.”

  • January 16, 2019

    Lyft Shakes TCPA Suit Over Autodialed Texts For Now

    A California federal judge on Wednesday tossed an amended complaint claiming that Lyft Inc. violated the Telephone Consumer Protection Act by sending unwanted text messages to prospective customers, but said the suit could be amended again in the next 30 days.

  • January 16, 2019

    FHFA Won't Defend Leadership Structure Before Full 5th Circ.

    The Federal Housing Finance Agency has told the full Fifth Circuit that it won't defend the constitutionality of the for-cause removal protection enjoyed by directors of the agency, a move that comes about a week before the court will sit for en banc rehearing in the case.

  • January 16, 2019

    VW Says Pre-Scandal Car Sellers Have Yet To Show Injury

    Volkswagen AG told a California federal judge that drivers who sold their diesel vehicles before news of the automaker’s massive emissions-cheating scandal broke did not suffer any financial loss and still have not put forth a viable claim for damages linked to the scandal.

  • January 16, 2019

    9th Circ. Sends Yahoo TCPA Coverage Row To Calif. Justices

    The Ninth Circuit on Wednesday asked California’s high court to weigh Yahoo’s bid to force an AIG insurer to fund its defense of several Telephone Consumer Protection Act lawsuits accusing the web services provider of sending unsolicited text messages, saying Golden State law is unsettled on whether liability insurance covers TCPA claims.

  • January 16, 2019

    Opioid User Testimony To Be Key Factor In Mass. Insys Trial

    The day before hundreds of potential jurors descend on a Boston courtroom for a closely watched criminal case accusing former Insys Therapeutics Inc. executives of bribing doctors to prescribe opioids, attorneys sparred Wednesday over what patients who took the drug can say during the 14-week trial.

  • January 16, 2019

    NY AG Wants Pharma Co.'s DOJ Settlement Docs

    The New York attorney general on Tuesday asked a state court to force drug company Mallinckrodt PLC to hand over documents related to a federal investigation of the company's marketing of opioids as part of its own investigation into the company's practices.

  • January 16, 2019

    DC Circ. Urged Not To Halt Net Neutrality Args Over Shutdown

    The Federal Communications Commission should not win a pause in the upcoming net neutrality oral arguments, trade group Incompas told the D.C. Circuit on Wednesday, saying the court allowed oral arguments to proceed during the last funding lapse and that the issue of proper web regulation must be resolved speedily.

Expert Analysis

  • Diversity's Next Step: Developing Minority Partners

    Chris King.jpg

    The lack of minority partners comes at a high cost to firms, say attorneys at Lightfoot Franklin & White LLC, as they suggest several practical ways to tackle this problem.

  • A 2019 Field Guide To Calif. Class Actions

    William Stern

    For those navigating the California class action landscape in 2019, it pays to know what happened in 2018. William Stern of Covington & Burling LLP looks back at the most important developments and discusses what to expect going forward.

  • Expect More SEC Cybersecurity Enforcement This Year

    Doug Davison

    The U.S. Securities and Exchange Commission turned its attention to cybersecurity last year, and those efforts will intensify throughout 2019. There are at least four likely areas of enforcement activity, say attorneys with Linklaters LLP.

  • Arbitrators And Mediators Should Reflect Society's Diversity

    James Jenkins

    Alternative dispute resolution providers have made great strides toward diversity, but recent statistics show there is still work to be done. There are certain steps ADR providers can take to actively recruit more women and minority candidates to serve as arbitrators and mediators, says James Jenkins of the American Arbitration Association.

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • 5 Lessons From State AGs' HIPAA Data Breach Suit

    Hanley Chew

    The allegations in State of Indiana v. Medical Informatics Engineering — the first federal lawsuit filed by multiple state attorneys general over a data breach based upon alleged Health Insurance Portability and Accountability Act violations — provide some guidance on adequate network security, say Hanley Chew and Tyler Newby of Fenwick & West LLP.

  • The Trump Administration's Latest Drug Pricing Initiatives

    Tom Bulleit

    In 2018, the Trump administration took few concrete steps that will significantly impact drug prices in the near future. The most consequential ideas lack political support, while the more feasible ideas are unlikely to change much, say attorneys at Ropes & Gray LLP.

  • Series

    Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

    Judge David Barron

    Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

  • Why Apple Customers Lost A Suit Over Storage Capacity

    Jeffrey Edelstein

    A California federal court recently dismissed a lawsuit filed by Apple customers over the advertised storage capacity of iPhones and iPads. The case illustrates the importance of accurate advertising about the technical specifications of products, but also the need for plaintiffs to draft their complaints with care, says Jeffrey Edelstein of Manatt Phelps & Phillips LLP.

  • How Calif. Privacy Act Could Prompt Private Plaintiff Suits

    Joshua Jessen

    Even absent a private right of action, businesses subject to the California Consumer Privacy Act should still be concerned about the possibility of private lawsuits — including class actions — arising from the law, says Joshua Jessen of Gibson Dunn & Crutcher LLP.