Consumer Protection

  • December 01, 2023

    Marriott Can't Use Class Waiver To Block Cert. In Breach Row

    A Maryland federal judge has reinstated certification for several classes of consumers suing Marriott and its information technology provider over a massive data breach at the hotel's Starwood-branded properties, finding that Marriott's response to the litigation has been "wholly inconsistent" with its argument that guests had agreed to pursue their claims individually.

  • December 01, 2023

    Judge Slams Google's 'Deeply Troubling' Tactics As Trial Ends

    A California federal judge overseeing the antitrust trial between Epic Games Inc. and Google LLC said Friday he's concerned that Google's willful destruction of evidence and "bogus" privilege assertions constitute a "frontal assault on the administration of justice," and that jury instructions in the newly wrapped trial will reflect the company's "deeply disturbing" behavior.

  • December 01, 2023

    PepsiCo Trims But Can't Nix 'Healthy' Gatorade False Ad Suit

    A California federal judge has agreed to dismiss a portion of the latest version of a proposed class action accusing PepsiCo of misbranding its Gatorade Fit drinks as "healthy," though the judge again gave the consumer plaintiffs the opportunity to file a new version of the complaint.

  • December 01, 2023

    Justices Call O'Connor 'American Hero,' 'Perfect Trailblazer'

    Following news of retired U.S. Supreme Court Justice Sandra Day O'Connor's death at the age of 93, current and former high court justices paid public homage to her trailblazing career, devotion to the rule of law and illuminating charisma.

  • December 01, 2023

    Judge OKs $13.5M Settlement In Fla. Health Care Plan Suit

    A Florida federal judge gave preliminary approval for a $13.5 million settlement agreement and class certification Friday in a lawsuit brought by consumers accusing two companies of selling health insurance plans that were deceptively marketed as complying with the Affordable Care Act.

  • December 01, 2023

    ​​​​​​​Top Groups Lobbying The FCC

    In November, the Federal Communications Commission heard from close to 200 companies and interest groups sharing their views on digital discrimination and media ownership rules, "SIM swap" fraud, the cost of pole attachments for fiber and more.

  • December 01, 2023

    SIFMA Slams States' Bid To Rewrite Broker Conduct Rules

    The Securities Industry and Financial Markets Association urged a coalition of North American securities regulators Friday to withdraw a proposal to revise a model rule governing broker-dealer conduct, arguing it is largely federally preempted and conflicts with a U.S. Securities and Exchange Commission regulation.

  • December 01, 2023

    Former Clerks Say Justice O'Connor Still Worth Emulating

    BigLaw attorneys mentored by former U.S. Supreme Court Justice Sandra Day O'Connor, who died Friday after a lengthy battle with dementia, say she'll be remembered as an incisive jurist who always put facts and practical considerations above abstract ideological commitments, as well as a deeply gracious and down-to-earth woman who never let her dedication to the law overshadow her zest for life.

  • December 01, 2023

    Ga. Counties End Wells Fargo Mortgage Suit Without Settling

    Three Georgia counties that accused Wells Fargo of upholding discriminatory lending and foreclosure practices have asked the court to dismiss their suit with prejudice, noting that the dismissal is not the result of a settlement.

  • December 01, 2023

    Boston Landowners Told To Quit Illegal Radio Operations

    Nine different landowners in the Boston area have been allowing illegal radio broadcasts from their property and could be hit with a fine of more than $2 million if they don't knock it off, the Federal Communications Commission announced.

  • December 01, 2023

    DC Circ. Prods DOJ, Realtors Over Limits Of Antitrust Deal

    A D.C. Circuit panel seemed skeptical during oral arguments Friday that a deal between the National Association of Realtors and the U.S. Department of Justice ending an antitrust investigation meant the agency could never reopen the probe.

  • December 01, 2023

    Mich. Latest To Have PBMs Get Licenses To Operate In State

    In 2024, pharmacy benefit managers in Michigan must begin applying for licenses and pay a $5,000 fee, according to new requirements the state's Department of Insurance and Financial Services unveiled this week.

  • December 01, 2023

    Kona Coffee Farmers' Attys Get $3.7M Fees From Settlements

    Lawyers representing a class of Hawaiian coffee farmers will get $3.7 million from a settlement fund with major grocery stores and other retailers who allegedly sold knockoff Kona coffee, a federal judge in Washington ruled, calling the attorney fee request fair.

  • December 01, 2023

    No 2.5 GHz Auction Licenses Until Congress Acts, FCC Says

    The Federal Communications Commission can't issue licenses for spectrum auctioned off in 2022 because Congress let its authority to do so lapse and even awarding an already-won license could open the agency up to criminal liability, the commission told an inquiring lawmaker.

  • December 01, 2023

    Clinic Owner, Pharma Tech Sentenced For Fake Clinical Trial

    The owner of a Miami medical clinic and a pharmacy technician at the clinic were sentenced in Florida federal court to 71 and 46 months in prison, respectively, for running a fake clinical drug trial.

  • December 01, 2023

    Colo. Accuses Vacation Home Venture Of Duping Investors

    Colorado's securities commissioner is seeking an injunction against a vacation property investment business that "resorted to misleading investors" about deals to buy up properties in New York, Hawaii and other destinations in order to cover up gaps in financing, according to a complaint filed in Denver district court.

  • December 01, 2023

    GM Says No Proof Plaintiff's Engine Guzzles Oil

    General Motors LLC asked an Ohio federal judge to throw out a driver's class action claims alleging the automaker knowingly sold vehicles with engines that consume excess oil and wear out piston rings too soon, arguing there is no evidence her car even has the alleged defect.

  • December 01, 2023

    4 Decisions For Which Justice O'Connor Will Be Remembered

    Many of the hotly divided cases at the U.S. Supreme Court came down to Justice Sandra Day O’Connor, a central force on the bench whose savviness at striking compromises and taking a pragmatic approach to resolve disputes is on full display in four opinions.

  • December 01, 2023

    Off The Bench: NBA Sales, More Crypto Woes, Favre Appeal

    In this week's Off The Bench, two NBA franchises engineer massive shake-ups in their ownership structures, new lawsuits target the sports world's entanglement with cryptocurrency, and NFL Hall of Famer Brett Favre appeals his loss in a defamation case.

  • December 01, 2023

    Justice O'Connor Shattered Barriers, Built Bridges

    A Southwestern cowgirl who will always be known as the first woman to sit on the U.S. Supreme Court, Justice Sandra Day O’Connor inspired those around her with an indomitable work ethic, a deep affection for public service and an innate ability to drive consensus among her colleagues.

  • December 01, 2023

    Kraft, Kellogg Nab $18M In Egg Price-Fixing Damages

    An Illinois federal jury said Friday the nation's largest egg producers and two industry groups should pay $17.7 million to Kraft, Kellogg, Nestle and General Mills as damages for conspiring to artificially inflate prices, an award a judge said will "obviously" be trebled.

  • December 01, 2023

    House Passes Bid To Ax CFPB's Small-Biz Lending Data Rule

    The U.S. House on Friday passed a Republican-led measure aimed at nullifying the Consumer Financial Protection Bureau's recently issued reporting requirements for small-business lenders, setting up a virtually guaranteed White House veto of the measure.

  • December 01, 2023

    Orrick Data Breach Suits Targeted For Consolidation In Calif.

    The plaintiffs in two class actions against Orrick Herrington & Sutcliffe LLP regarding a data breach the firm had in March filed a motion in federal court on Thursday to combine the suits.

  • December 01, 2023

    Sandra Day O'Connor, First Woman On Supreme Court, Dies

    Retired U.S. Supreme Court Justice Sandra Day O'Connor, the court's first female member, died Friday at 93, according to the court. Justice O'Connor's position at the ideological center of the court gave her outsized influence in controversial cases during her 25-year tenure.

  • November 30, 2023

    TikTok Wins Prelim. Injunction Halting Montana's Ban On App

    A Montana federal judge on Thursday granted TikTok and its users' bid to block a new law that would ban the Chinese social media app within the Treasure State's borders, saying the statute oversteps state power and could infringe on the First Amendment.

Expert Analysis

  • FCC Notice Of Inquiry Highlights AI Robocall Concerns

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    The Federal Communications Commission recently released a notice of inquiry seeking comment on the implications of emerging artificial intelligence technologies on robocalls and robotexts, raising questions around its authority to address AI under the Telephone Consumer Protection Act, say Aaron Weiss and Samantha Goldstein at Carlton Fields.

  • New Regs Will Strengthen Voluntary Carbon Offset Market

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    Voluntary carbon offsets are a vital tool for organizations seeking to achieve net-zero greenhouse gas emissions — and recent efforts by the U.S. Commodity Futures Trading Commission, the U.S. Department of Agriculture, the state of California and others are essential to enhancing the reliability and authenticity of carbon credits, says David Smith at Manatt.

  • How FinCEN's Proposed Rule Stirs The Pot On Crypto Mixing

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    The Financial Crimes Enforcement Network’s recently issued proposal aims to impose additional reporting requirements to mitigate the risks posed by convertible virtual currency mixing transactions, meaning financial institutions may need new monitoring techniques to detect CVC mixing beyond just exposure, say Jared Johnson and Jordan Yeagley at Buchanan Ingersoll.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • How Color Psychology Can Help Tell Your Trial Narrative

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    Research shows that color is a powerful sensory input that affects memory and perception, so attorneys should understand how, when and why to use certain shades in trial graphics to enhance their narrative and draw jurors’ focus, says Adam Bloomberg at IMS Consulting.

  • A Look At Mass. Sports Betting Data Privacy Regulations

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    The Massachusetts Gaming Commission recently approved data privacy regulations under the state's sports wagering act to promote responsible gaming, showing a trend of regulators directing companies on how to protect personal information used by artificial intelligence systems, say Liisa Thomas and Kathryn Smith at Sheppard Mullin.

  • Crypto, Audit Cases Dominate SEC's Enforcement Focus In '23

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    Attorneys at Covington examine the U.S. Securities and Exchange Commission's fiscal year 2023 enforcement results, which marked the SEC's third consecutive year of increasing enforcement activity since Chair Gary Gensler took over in 2021 — this time driven by a focus on combating cryptocurrency-related scams and enforcing recordkeeping compliance.

  • New York Cybersecurity Amendments Raise Regulatory Bar

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    Financial service providers both in and outside New York should study recent changes to the state financial regulator's cybersecurity requirements, which add governance controls, technical safeguards and incident response protocols to improve what is already becoming the national benchmark for robust cybersecurity compliance programs, say attorneys at Baker McKenzie.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • Forecasting The Impact Of High Court Debit Card Rule Case

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    John Delionado and Aidan Gross at Hunton consider how the U.S. Supreme Court's forthcoming ruling in a retailer's suit challenging a Federal Reserve rule on debit card swipe fees could affect agency regulations both new and old, as well as the businesses that might seek to challenge them.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • FTC Warning Letters Note 5 Mistakes For Influencers To Avoid

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    The Federal Trade Commission recently sent warning letters to two trade associations and 12 health influencers over their social media posts, offering insight into how the agency plans to enforce its updated endorsement guides and highlighting five concerns to keep in mind for marketing campaigns, says Gonzalo Mon at Kelley Drye.

  • CFPB, DOJ Signal Focus On Fair Lending To Immigrants

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    New joint guidance from the Consumer Financial Protection Bureau and the U.S. Department of Justice effectively broadens the scope of protected classes under the Equal Credit Opportunity Act to include immigration status, indicating a significant shift in regulatory scrutiny, say Alex McFall and Leslie Sowers at Husch Blackwell.

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