Consumer Protection

  • October 10, 2024

    Feds Say Ex-Atty Stole $570K From Disabled Client's Trust

    A former attorney in Washington is accused of embezzling more than $570,000 from a client's insurance settlement after she was severely injured in a motorcycle accident, according to a federal indictment that said the victim was forced to sell her home after her trust account was drained.

  • October 10, 2024

    Target Made Inflated Claims About Gas Pills, Shoppers Allege

    Target customers hit the retailer with a putative class action lawsuit in New York federal court Wednesday alleging its line of Up & Up gas relief pills is not "maximum strength" as the label contends, and other similar medications have higher concentrations of key ingredients.

  • October 10, 2024

    Suppliers' $7.6M Deal To End Daily Harvest Leek Claims OK'd

    A New York federal judge has given the go-ahead to a $7.6 million settlement with suppliers for meal kit delivery service Daily Harvest Inc. to end claims from buyers that a lentil and leek meal caused gastrointestinal illness.

  • October 10, 2024

    Teva To Pay $450M To Settle Kickback Cases

    Pharmaceutical giant Teva will pay $450 million to settle allegations it violated the False Claims Act by fixing the prices of several generic drugs and by raising the price of a multiple sclerosis treatment while covering Medicare recipients' copays, civil prosecutors said Thursday.

  • October 10, 2024

    Ripple Labs Files Cross-Appeal Of Judgment In SEC Suit

    Blockchain firm Ripple Labs on Thursday notified a New York federal judge of its intention to cross-appeal the judgment in its U.S. Securities and Exchange Commission enforcement case after the regulator kicked the decision to the Second Circuit last week.

  • October 10, 2024

    Monsanto Hit With $78M Verdict In Philly's 6th Roundup Trial

    Bayer AG unit Monsanto was hit with a $78 million verdict on Thursday by a Philadelphia jury in the sixth trial in the city's Roundup weedkiller mass tort.

  • October 09, 2024

    Top Bank Lobbyist Touts Basel Endgame, CFPB Court Wins

    The head of the nation's largest banking industry trade group took a victory lap on Wednesday for beating back steep proposed bank capital hikes and halting other recent Biden administration banking regulations in court, pledging to continue its muscular advocacy for banks as the election nears.

  • October 09, 2024

    Co-Ops Say FCC Should Use Meter Data For Broadband Maps

    The Federal Communications Commission ought to take advantage of the power meter data that electric cooperatives have access to when trying to find wrinkles or gaps in the agency's broadband maps, a group representing rural electric co-ops says.

  • October 09, 2024

    Team Of 3 Firms Seeks To Lead UBS Cash Sweep Case

    Two UBS customers suing the investment bank on allegations of shortchanging them with low-yielding cash sweep accounts moved Tuesday to consolidate their proposed class actions in New York federal court and install three firms at the helm.

  • October 09, 2024

    5th Circ. Denies Extension For CFPB In Exam Policy Case

    The Fifth Circuit on Wednesday denied the Consumer Financial Protection Bureau's unopposed request for a short deadline extension in its appeal over an examination policy that industry groups successfully sued to block last year, prompting the agency to ask for more time again.

  • October 09, 2024

    Colo. Accuses Albertsons Of Competitor Flip-Flop For Merger

    Colorado enforcers accused Albertsons of "saying whatever they think will get their merger," confronting the supermarket chain's CEO on Wednesday with past comments to federal regulators they said showed that Albertsons flipped who it considers a competitor ahead of a proposed merger with Kroger.

  • October 09, 2024

    Uber Can't Claw Back Safety Update Doc In Sex Assault MDL

    A California federal magistrate judge ruled Tuesday that Uber can't claw back a "safety criteria" document it accidentally produced in multidistrict litigation accusing the transportation company of failing to prevent drivers from sexually assaulting passengers, saying the document wasn't privileged since it wasn't created for legal advice purposes.

  • October 09, 2024

    NC AG Urges NC Justices To Ax Duke Energy Rate Hike

    The North Carolina Supreme Court has been hit with a barrage of briefs urging the justices to overturn the State Utilities Commission's allegedly "unlawful" rate increase for Duke Energy Carolinas, with North Carolina Attorney General Joshua H. Stein calling the rate change "arbitrary and capricious."

  • October 09, 2024

    Feds Target Crypto Manipulation, Wash Trades In Novel Action

    Massachusetts federal prosecutors announced charges against 18 individuals and cryptocurrency firms on Wednesday in a first-of-its-kind set of actions targeting alleged manipulation of digital asset markets through wash trading and other tactics. 

  • October 09, 2024

    Google, Microsoft Want Docs Kept From Apple In DOJ Case

    Google and Microsoft were among a group of major corporations jumping in Tuesday to push for greater New York federal court safeguards of their sensitive business information as it's used in the Justice Department case accusing Apple of anticompetitively restricting app access to lock users into the iPhone.

  • October 09, 2024

    Lamps Plus Pays $4M To Settle Calif. DAs' False Pricing Suit

    Home goods chain Lamps Plus Inc. will pay a group of Southern California district attorney's offices $4.1 million to settle civil allegations that the retailer misled consumers with false pricing information, prosecutors announced Wednesday.

  • October 09, 2024

    Patients' Families Say No Expert Needed In Transplant Case

    The families of patients who died while on an organ donor waiting list are urging a Texas state court to deny a surgeon's bid to toss their suit aimed at blocking him from altering or destroying records, saying because their suit does not make any claims for damages, they do not need an expert report.

  • October 09, 2024

    RFK Jr. Jumps Into TikTok Ban Fight At DC Circ.

    Robert F. Kennedy Jr. has joined the fray in litigation at the D.C. Circuit challenging a federal law that could put TikTok out of business in the United States, contending in a new lawsuit that the sale-or-ban statute defies the First Amendment.

  • October 09, 2024

    Ga. Judge Won't Extend Voter Registration After Helene

    Would-be voters in the Peach State won't get an extra week to register for the November 2024 election — at least not yet — after a Georgia federal judge said Wednesday she hadn't seen sufficient support for the claim that registrations were significantly hampered by the destruction caused by Hurricane Helene.

  • October 09, 2024

    DOJ Offers Menu Of Options For Google Search Fix

    An outline of potential fixes lodged Tuesday by the U.S. Department of Justice in the search monopolization case against Google ranges from a ban on the default search engine pacts at the heart of the case to the forced sale of its Android operating system or other business units.

  • October 09, 2024

    Judge OKs $9M Data Hack Deal, Asks How Public Views Fees

    A Washington federal judge on Wednesday approved an $8.8 million settlement that ended a consolidated data breach class action against a Hearst Health unit, but not before pondering how the public might perceive the deal, in which one-third of the money is going toward legal costs.

  • October 09, 2024

    Kohl's Sued After Vendor Hack Leaks 1.9M Customers Files

    Kohl's department store customers hit the retail giant on Wednesday with a putative breach of implied contract class action in Pennsylvania federal court alleging the store failed to protect data from 1.9 million customers from a hack targeting a contractor the retailer uses for debt collection.

  • October 09, 2024

    AT&T Fights Phone 'Unlocking' Rules Floated At FCC

    AT&T called on the Federal Communications Commission to abandon plans to require the "unlocking" of cellphones after 60 days to let customers switch carriers, saying wireless competition is already "fierce" and the FCC's plan would only hurt consumers.

  • October 09, 2024

    NY Mets Parent Co. Accused Of Selling Biometric Data For Profit

    Sterling Mets LP — the owner of the New York Mets baseball franchise — has been hit with a proposed class action alleging that it illegally shares biometric identifier information from Citi Field's visitors for a profit.

  • October 09, 2024

    Louisiana Judge Reopens EPA's Enforcement Against Denka

    A Louisiana federal judge on Tuesday reopened the U.S. Environmental Protection Agency's lawsuit alleging some of a neoprene manufacturer's air emissions pose a health threat to the surrounding community.

Expert Analysis

  • Series

    Calif. Banking Brief: All The Notable Legal Updates In Q3

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    In the third quarter of the year, California continued to be at the forefront of banking regulation as it enacted legislation on unfair banking practices and junk fees, and the state Department of Financial Protection and Innovation notably initiated enforcement actions focused on crypto-assets and student loan debt relief, say Stuart Richter and Eric Hail at Katten.

  • Opinion

    FTC's Report Criticizing Drug Middlemen Is Flawed

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    The Federal Trade Commission's July report, which claims that pharmacy benefit managers are inflating drug costs, does not offer a credible analysis of PBMs, and its methodology lacks rigor, says Jay Ezrielev at Elevecon.

  • 2 High Court Securities Cases Could Clarify Pleading Rules

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    In granting certiorari in a pair of securities fraud cases against Facebook and Nvidia, respectively, the U.S. Supreme Court has signaled its intention to align interpretations of the heightened pleading standard under the Private Securities Litigation Reform Act amid its uneven application among the circuit courts, say attorneys at V&E.

  • What 2 Key Rulings Mean For Solicitation Under TCPA

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    Two recent rulings from federal district courts in New York and California — each of which came to a different conclusion — bring to light courts' continued focus on and analysis of when an alleged communication constitutes a solicitation under the Telephone Consumer Protection Act, say Felix Shipkevich and Jessica Livingston at Shipkevich.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q3

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    In a relatively light few months for banking legal updates in New York, the state Department of Financial Services previewed its views on banking sector artificial intelligence use via insurer guidance, and an anti-money laundering enforcement action underscored the importance of international monitoring processes, say Eric McLaughlin and Dana Bayersdorfer at Davis Polk.

  • Series

    Collecting Art Makes Me A Better Lawyer

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    The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.

  • Navigating The Complexities Of Cyber Incident Reporting

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    When it comes to cybersecurity incident response plans, the uptick in the number and targets of legal and regulatory actions emphasizes the necessity for businesses to document the facts underlying the assumptions, complexities and obstacles of their decisions during the incident response, say attorneys at Troutman Pepper.

  • Aviation Watch: Boeing Plea Agreement May Not Serve Public

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    The proposed plea agreement between the U.S. Department of Justice and Boeing — the latest outgrowth of the company's 737 Max travails — is opposed by crash victims' families, faces an uncertain fate in court, and may ultimately serve no beneficial purpose, even if approved, says Alan Hoffman, a retired attorney and aviation expert.

  • Using Primacy And Recency Effects In Opening Statements

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    By understanding and strategically employing the primacy and recency effects in opening statements, attorneys can significantly enhance their persuasive impact, ensuring that their narrative is both compelling and memorable from the outset, says Bill Kanasky at Courtroom Sciences.

  • Litigation Inspiration: Honoring Your Learned Profession

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    About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.

  • Series

    In The CFPB Playbook: No Lazy, Hazy Days Of Summer

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    The Consumer Financial Protection Bureau is headed for a brisk fall season, on the heels of a heated summer, which included the U.S. Supreme Court's ruling that the CFPB funding structure is constitutional, and in advance of the November election, says Eamonn Moran at Holland & Knight.

  • Payward And The Secondary Crypto Transaction Confusion

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    Following orders in cases against Coinbase and Binance, the recent California federal court ruling in U.S. Securities and Exchange Commission v. Payward raises even more questions about regulation of secondary transactions involving crypto-assets, as it tries to sidestep fundamental flaws in the SEC's legal theories, say attorneys at Cahill Gordon.

  • FTC Focus: How Scrutiny Of PBMs And Insulin May Play Out

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    Should Express Scripts' recent judicial challenge to the Federal Trade Commission succeed, any new targets could add litigation and choice of forum to their playbooks, and potential FTC court action on insulin could be forced to parallel venues as the issues between the commission and PBMs evolve, say attorneys at Proskauer.

  • Opinion

    AI May Limit Key Learning Opportunities For Young Attorneys

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    The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.

  • Takeaways From Texas AG's Novel AI Health Settlement

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    The Texas attorney general's recent action against a health tech company marks another step in rapidly proliferating enforcement against artificial intelligence and privacy issues across multiple states, and highlights important risk mitigation considerations for health companies that implement AI systems, say attorneys at Troutman Pepper.

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