Consumer Protection

  • April 11, 2024

    State Enforcers: Not Joining Fed Cases No Sign Of Opposition

    Several state enforcers said Thursday they choose which antitrust cases being brought by federal enforcers they join based on a number of factors, and it doesn't mean they are opposed to a case if they decide not to join.

  • April 11, 2024

    FTX Brass, Investors Can't Move Bankruptcy Suit To MDL

    The Judicial Panel on Multidistrict Litigation on Thursday denied a bid to move a Delaware bankruptcy proceeding regarding the collapse of cryptocurrency exchange FTX Trading Ltd. to an ongoing multidistrict litigation brought by the company's investors seeking to recoup their losses.

  • April 11, 2024

    $24M Hidden Fee Deal Between Class, AIG Units Gets 1st OK

    A California federal court granted preliminary approval of a nearly $24 million settlement between a class of travel insurance buyers and several AIG units resolving claims that the companies stacked hidden fees on top of insurance travel premiums.

  • April 11, 2024

    Treasury Proposes Steeper Foreign Investment Law Penalties

    The U.S. Department of the Treasury issued a notice Thursday proposing to sharpen its procedures and enforcement practices for reviewing foreign investment deals for national security issues, according to an announcement.

  • April 10, 2024

    States, Wild Cards & Time: Hurdles Facing Privacy Law Push

    Congress has what many experts are calling its best chance to enact a national data privacy framework, after key leaders this week announced a surprising deal on the topic. But several factors could still derail the promising proposal, including influential stakeholders that have yet to weigh in, the upcoming election and the longstanding debate over who should enforce the law.

  • April 10, 2024

    US News Fights Uphill To Block SF's 'Best Hospitals' Probe

    A California federal judge indicated Wednesday he'll likely dismiss U.S. News & World Report's lawsuit challenging the San Francisco City Attorney's subpoenas seeking information about its methodology for ranking hospitals, saying the issue isn't ripe since the subpoenas aren't self-enforcing and the city hasn't yet sued for the information.

  • April 10, 2024

    SEC Says Crypto Firm Kraken Can't 'Subvert' Securities Test

    The U.S. Securities and Exchange Commission has told a California federal judge that crypto exchange Kraken is asking the court to adopt a "perversion" of the long-standing U.S. Supreme Court precedent for what constitutes an investment contract.

  • April 10, 2024

    Tribes Sue Social Platforms Over Native Youth Suicides

    Two Native American tribes are suing social media giants, accusing them of relentlessly pursuing a strategy of "growth-at-all-costs" that has contributed to the disproportionately high rates of mental health crisis and suicide affecting Indigenous youth that is devastating Indian Country.

  • April 10, 2024

    DOJ's Apple Antitrust Suit Gets New Judge After Recusal

    The New Jersey federal judge overseeing the U.S. Department of Justice's recent iPhone antitrust case against Apple recused himself from the litigation Wednesday, according to a text order posted to the docket reassigning the case.

  • April 10, 2024

    Lawmakers Ask GAO To Review Native Remains Act

    Two Democratic members of the U.S. House have urged the Government Accountability Office to conduct a thorough review of how the federal Native American Graves Protection and Repatriation Act is implemented, saying tribes have complained of deficiencies in the return of their ancestral remains and cultural objects.

  • April 10, 2024

    Enforcers Are Learning How To Pursue Suits Against Big Tech

    The pending antitrust cases targeting large technology platforms in the U.S. and Europe, including those against Google, Amazon and Apple, offer important lessons about digital markets, enforcers said Wednesday.

  • April 10, 2024

    Colo. AG Says Kroger Divestiture Plan Is Best Left For Trial

    Colorado's attorney general wants a state judge to block Kroger and Albertsons from presenting evidence about a new divestiture plan at an upcoming hearing on the state's motion to temporarily block the grocers' merger, claiming the yet-to-be revealed plan is a strategy to "win by ambush."

  • April 10, 2024

    Landmark PFAS Rule Faces Battles Over Costs And Science

    The U.S. Environmental Protection Agency on Wednesday issued the first-ever federal drinking water standards for "forever chemicals," something communities, environmental groups and politicians of both major political parties had been clamoring for. However, experts said the novel rulemaking will attract tough legal battles over implementation costs, supporting science and other elements.

  • April 10, 2024

    9th Circ. Mostly Affirms Industry Ban For COVID PPE Delays

    A Ninth Circuit panel on Tuesday largely upheld a district court's ruling requiring personal protective equipment suppliers to pay over $3 million after finding that they misrepresented the shipping times of hand sanitizer products at the start of the COVID-19 pandemic, while reversing the Federal Trade Commission's injunction against one of the companies' owners.

  • April 10, 2024

    Cadence Bank Sued Over Numerous Out-Of-Network Fees

    Texas-based Cadence Bank has been hit with a proposed class action accusing it of imposing multiple fees on customers who check their account balances when withdrawing cash from out-of-network ATMs.

  • April 10, 2024

    Dubious Merger Bid? 'Find A Different Deal,' DOJ Official Says

    A U.S. Department of Justice antitrust official on Wednesday stood by the hardline Biden-era stance against most merger clearance settlements, saying that companies coming forward with potentially problematic transactions should rethink doing the deals at all or at least come with strong upfront divestiture proposals.

  • April 10, 2024

    FDIC Details Prep For Winding Down Failing Financial Giants

    The Federal Deposit Insurance Corp. on Wednesday laid out its most comprehensive overview to date of how it would seek to resolve a failing U.S. banking giant, a scenario that would make use of as-yet untested authorities put in place after the 2008 financial crisis.

  • April 10, 2024

    FCC Urged To Wait For BEAD Fund Awards Before 5G Auction

    Small, independent cable providers want the Federal Communications Commission to hold off on a rural 5G development auction until the U.S. Department of Commerce completes its massive award of high-speed internet build-out funds.

  • April 10, 2024

    Settlements Prompt SC Cheer Abuse Case Dismissal

    Four suits levying sexual abuse allegations against competitive cheerleading's power brokers have been tossed from South Carolina federal court as a series of settlements have shifted the focus of the litigation from corporate giants to individual gyms and coaches.

  • April 10, 2024

    Rural Project Winners Say 'Harsh' Realities Justify Amnesty

    Internet service providers that faced skyrocketing costs as they sought to complete federally backed broadband projects are again calling for limited relief from Federal Communications Commission penalties and a shot at future funding.

  • April 10, 2024

    DeFi Platform Uniswap Discloses SEC Enforcement Notice

    The firm behind decentralized crypto exchange Uniswap said on Wednesday that the U.S. Securities and Exchange Commission had notified the firm that it may soon face an enforcement case.

  • April 10, 2024

    GOP Senators Ask 5th Circ. To Ax School Bus Wi-Fi

    Seven Republican senators are backing a Fifth Circuit challenge to the Federal Communications Commission's plan to subsidize school bus Wi-Fi, saying the government shouldn't be funding children's unsupervised internet access on the way to and from school.

  • April 10, 2024

    Merger Notification Overhaul 'Pretty Close,' DOJ Official Says

    A senior U.S. Department of Justice antitrust official predicted Wednesday that the DOJ and Federal Trade Commission are likely just weeks away from issuing the final version of a major overhaul to the filing requirements of companies notifying mergers to the agencies.

  • April 10, 2024

    Past Violations To Get Close Eye With New Merger Filing Rules

    Changes proposed to Federal Trade Commission and U.S. Department of Justice merger reporting requirements would impose significant document submission obligations on merging parties, such as past violations of antitrust and labor law, practitioners and an agency deputy said Wednesday.

  • April 10, 2024

    Activists Can't Show LexisNexis Violated Ill. Consumer Law

    Activists were unable to convince an Illinois federal court that LexisNexis Risk Solutions Inc. had violated an Illinois consumer protection law by collecting and selling personal information to immigration and other law enforcement agencies, with the court saying the data was not private.

Expert Analysis

  • How Echoing Techniques Can Derail Witnesses At Deposition

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    Before depositions, defense attorneys must prepare witnesses to recognize covert echoing techniques that may be used by opposing counsel to lower their defenses and elicit sensitive information — potentially leading to nuclear settlements and verdicts, say Bill Kanasky and Steve Wood at Courtroom Sciences.

  • Regulatory Trends Offer 4 Lessons For Debt Relief Providers

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    A string of enforcement actions, including a New York lawsuit filed last month by seven states and the Consumer Financial Protection Bureau, underscore the regulatory scrutiny that debt relief and credit repair companies face and offer important lessons on telemarketing and deceptive practices compliance, say attorneys at Sheppard Mullin.

  • Opinion

    Contractors Need Protection From NJ Homeowner Protections

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    A recently passed New Jersey law, combined with the state's Consumer Fraud Act, is intended to protect innocent homeowners, but legislative action must be taken to prevent homeowners from abusing the law to avoid paying hardworking contractors, say Gary Strong and Madison Calkins at Gfeller Laurie.

  • Bracing Cos. For Calif. Privacy Agency's Restored Authority

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    A recent California state appeals court decision greenlights the California Privacy Protection Agency's enforcement of certain consumer privacy regulations, which may speed up compliance requirements, so businesses considering use of artificial intelligence, for instance, may want to reassess their handling of privacy notices and opt-out requests, say Kevin Angle and Matthew Cin at Ropes & Gray.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • Basics Of Bank Regulators' Push For Discount Window Use

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    As the Federal Reserve and Office of the Comptroller of the Currency emphasize short-term liquidity risk management as central to preventing spring 2023-style bank collapses, banks should carefully tune into regulators’ remarks encouraging use of the Fed’s discount window, which some policymakers identify as a key component in the evolution of liquidity regulation and backstop lending, say attorneys at Arnold & Porter.

  • 2 Emerging Defenses For Website Tracking Class Actions

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    Putative class actions premised on state wiretapping statutes that bar website activity tracking continue to be on the rise, but they are increasingly being dismissed on two procedural grounds, says Sheri Pan at ZwillGen.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • Communication Is Key As CFPB Updates Appeals Process

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    Though a recently updated Consumer Financial Protection Bureau rule expands financial institutions' abilities to appeal supervisory decisions, creating strong relationships and open communication channels with CFPB examiners may help resolve disputes faster than the more cumbersome formal process, says Jason McElroy at Saul Ewing.

  • Considerations For Disclosing AI Use In SEC Filings

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    Recent remarks from U.S. Securities and Exchange Commission Chair Gary Gensler should be heard as a clarion call for public companies to disclose artificial intelligence use, with four takeaways on what companies should disclose, says Richard Hong at Morrison Cohen.

  • Args In APA Case Amplify Justices' Focus On Agency Power

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    In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.

  • Setting The Stage For High Court BofA Escrow Interest Case

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    Dori Bailey and Curtis Johnson at Bond Schoeneck examine relevant legislation and case law dating back 200 years ahead of oral arguments at the U.S. Supreme Court on Tuesday in Cantero v. Bank of America, the outcome of which will determine whether state laws governing mortgage escrow accounts can be enforced against national banks.

  • What To Know About OCC Proposals For Bank Merger Review

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    The Office of the Comptroller of the Currency's proposed changes to the agency's bank merger review process could exacerbate industry concerns with long and unpredictable processing periods because the proposal is ambiguous with respect to how the OCC will view certain transactions, say attorneys at Simpson Thacher.

  • Using Arbitration And Class Waivers As Privacy Suit Tools

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    Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

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