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Consumer Protection
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January 15, 2025
Samsung Slams Epic's Antitrust Suit Over Google Play Store
Samsung moved to end Epic Games' suit alleging it colluded with Google to skirt an impending injunction forcing Google to permit competition with its Play Store by installing an auto blocker feature on Samsung devices, telling a California federal judge Wednesday the feature is a product improvement shielded from antitrust scrutiny.
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January 15, 2025
3M Wants Conn. AG's PFAS Case Paused For 2nd Circ. Appeal
3M has urged a Connecticut Superior Court to stay the state's environmental lawsuit seeking damages for "forever chemical" pollution the company allegedly created, saying the Second Circuit should first review a federal judge's order remanding the case to state court.
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January 15, 2025
Block Pays Regulators $80M Over Cash App AML Compliance
Jack Dorsey's fintech company Block Inc. has reached an $80 million settlement over alleged anti-money laundering compliance failures by its mobile payments platform Cash App, a coalition of state banking regulators announced Wednesday.
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January 15, 2025
Symetra Life Policyholders Seek $32.5M Settlement Approval
A proposed class of Symetra policyholders asked a Washington federal court to preliminarily approve a $32.5 million deal to resolve a suit alleging that the insurer overcharged them for life insurance, saying the 11-state settlement would cover the owners of 43,000 policies.
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January 15, 2025
Tenants Want Yardi Rent-Fixing Suits Combined
Renters have urged a federal court in Washington state to consolidate two other cases with their proposed class action, which claims that multifamily building owners schemed to use a real estate management software company's product to inflate rental prices.
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January 15, 2025
Noncompete Ban Has A Defender In Wings If Trump FTC Won't
Entrepreneurs group Small Business Majority wants the Fifth and Eleventh circuits to let it intervene to defend the Federal Trade Commission's currently blocked noncompetes ban if FTC Republicans stop arguing for the rule as expected once they take power.
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January 15, 2025
9th Circ. Open To Reviving Robinhood Suit Over $2.1B IPO
Judges on a Ninth Circuit panel appeared open Wednesday to reviving a proposed securities class action alleging Robinhood hid how a "meme stock" and cryptocurrency trading frenzy had impacted its outlook ahead of its $2.1 billion initial public offering, saying the lower court may have applied the wrong standard in tossing the case.
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January 15, 2025
Justices Struggle With Tech Advances In Texas Porn Law Row
Several U.S. Supreme Court justices on Wednesday focused on how a decadesold brick-and-mortar precedent applies to a Texas law requiring age verification on porn websites while struggling to reconcile technological advancements with First Amendment protections.
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January 15, 2025
Judge OKs More Fees In Calif. Debt Relief Firm's Bankruptcy
A California bankruptcy judge has tentatively approved an additional $2.1 million in professional fees in the bankruptcy case of a troubled debt relief firm, despite the amount of professional fees already exceeding the amount paid out to creditors so far.
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January 15, 2025
FCC Warns Convincing Mortgage Lender Scam Afoot
The Federal Communications Commission is putting the word out about a new scheme aimed at tricking people into thinking their homes will be foreclosed on unless they make emergency payments into an account controlled by the scammers.
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January 15, 2025
Amex GBT Blasts Bid To Block $570M Travel Services Deal
American Express Global Business Travel Inc. told a New York federal court Tuesday that the U.S. Department of Justice case seeking to block its planned $570 million purchase of CWT Holdings LLC ignores the competitive landscape of the corporate travel management industry.
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January 15, 2025
Mass. Justices Bolster Local Enforcement Of Tobacco Laws
Massachusetts' highest court ruled Wednesday that local public health officials do not have to go to court to fine businesses caught violating the state's tobacco laws, including restrictions on the sale of flavored products.
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January 15, 2025
FTC Brings Right-To-Repair Suit Against John Deere
The Federal Trade Commission slapped John Deere with a repair monopoly lawsuit in Illinois federal court Wednesday, adding to proposed class actions alleging the company illegally withholds access to needed repair tools from farmers, even in the face of mounting public pressure.
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January 15, 2025
Atrium Health Accused Of Giving Patient Data To Google
Atrium Health installed trackers in its mobile app and website to collect patients' data without their consent and then shared that personal information with Google and Facebook for targeted advertising, according to a proposed class action in North Carolina Business Court.
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January 14, 2025
Wells Fargo Fights To Drop Officers From Investors' Bias Suit
Wells Fargo & Co. urged a California federal judge Tuesday to free three executives from a derivative lawsuit filed by shareholders claiming the bank's leadership failed to address the company's discriminatory lending and hiring practices, saying there are no allegations that explain why a presuit demand to the board would have been futile.
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January 14, 2025
OCC Fines Ex-Wells Fargo Execs $18.5M For Sales Practices
The Office of the Comptroller of the Currency said Tuesday that it has fined three former Wells Fargo executives a total of $18.5 million for their alleged roles in the banking giant's fake accounts scandal, capping off contested enforcement proceedings against them.
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January 14, 2025
Google, YouTube Can't Escape Suit Over Kids' Data Collection
A California federal judge has refused to release Google and YouTube from a proposed class action accusing them of illegally collecting children's data to generate targeted advertising, while cutting Cartoon Network, DreamWorks, Hasbro Studios and several other owners of popular kid-friendly YouTube channels from the long-running dispute.
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January 14, 2025
ACT Mouthwash Label Poses Risk For Kids, Parents Claim
Makers of ACT mouthwash deceived consumers into believing its brand of "kids mouthrinse" is safe for preschoolers when it's actually more dangerous due to its candy-like flavors that encourage children to drink it, potentially poisoning or killing them, according to a parent-led proposed class action in Illinois federal court.
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January 14, 2025
Wash. Justice Asks If Gun Law Impedes Self-Defense Right
A Washington state justice asked Tuesday if a state law banning the sale of large-capacity magazines for firearms can survive recent U.S. Supreme Court rulings expanding gun rights, noting that millions of people own the ammunition devices for self-defense.
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January 14, 2025
BofA Says Military Interest Law, Not Bank, To Blame In Suit
Bank of America has hit back at a class action suit accusing the financial giant of violating an interest cap law for military service members, arguing that the suit fails to allege any actual violations of the law and that Congress considered and decided against the interest rate requirement that the plaintiffs seek to impose.
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January 14, 2025
'Totally A Tactic': Judge Rips Apple For Discovery Delays
The California federal judge presiding over Epic Games' antitrust compliance fight with Apple criticized the tech giant's efforts to withhold tens of thousands of documents under attorney-client privilege, telling Apple's counsel at a hearing Tuesday that "in large part, this is delay ... it's totally a tactic" and "there will be consequences."
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January 14, 2025
GOP Objects To FTC Move To Protect Unionizing Gig Workers
The Democratic-led Federal Trade Commission held its final meeting before President-elect Donald Trump takes office next week, moving to protect unionizing gig workers and examine investor holdings in the single-family-housing market, while the Republican waiting to take the helm said the body should stop announcing new plans.
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January 14, 2025
CFTC To Review Crypto Co.'s Sports Event Contracts
The U.S. Commodity Futures Trading Commission said Tuesday it plans to take a closer look at contracts tied to the outcome of high-profile sporting events trading on digital asset exchange Crypto.com, which self-certified the products in the final days of 2024.
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January 14, 2025
FCC Reverses Judge, Rejects Disputed C-Band Payment
Reversing an in-house judge's decision, the Federal Communications Commission has denied a further payment of nearly $70,000 to a company that claimed it was owed more for relocating from the C-band airwaves to make way for 5G wireless.
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January 14, 2025
Crypto Co.'s Lax Compliance Enabled Hackers, Suit Says
A proposed class action in California federal court accused digital asset exchange OKX of flouting U.S. laws and allowing criminals to launder stolen funds through its platform, including $725,000 worth of crypto looted from the crypto investor leading the suit.
Expert Analysis
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Lessons From The SEC's 2024 Crackdown On AI Washing
AI washing was the subject of increased scrutiny from the U.S. Securities and Exchange Commission in 2024 following a surge in the commercial adoption of generative artificial intelligence technologies in 2023, highlighting the importance of transparency, accuracy and accountability when communicating about AI, say attorneys at Perkins Coie.
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The 6 Most Significant FCRA Litigation Developments Of 2024
From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.
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Identifying Deepfakes During Evidence Collection, Discovery
Excerpt from Practical Guidance
Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.
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Retailers Must Adapt As Courts Shift On False Price Claims
The increasing frequency with which courts are denying motions to dismiss false reference price claims signals that these lawsuits are not going away anytime soon, so retailers must be prepared for a more complex and prolonged defense process, say attorneys at Akerman.
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Health Tech Regulatory Trends To Watch In 2025
With an upcoming change in administration and the release of some long-awaited rules, the healthcare industry should prepare for shifting trends, including a growing focus on health data and interest in technology-enabled delivery of healthcare, say attorneys at Orrick.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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The Securities Litigation Trends That Will Matter Most In 2025
2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.
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Predicting The Lasting Changes CFPB May Face In 2025
President-elect Donald Trump and the incoming Republican-controlled Congress' likely attempts to reshape the Consumer Financial Protection Bureau could significantly alter its rulemaking, supervisory and enforcement abilities for years to come, says Jim Sandy at McGlinchey Stafford.
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The Justices' Securities Rulings, Dismissals That Defined '24
The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.
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10 Noteworthy CFPB Developments From 2024
In a banner year for consumer finance regulation, the Consumer Financial Protection Bureau made significant strides in its efforts to rein in Big Tech and nonbank financial firms, including via rules regarding open banking, credit card late fees, and buy now, pay later products, say attorneys at Wiley.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024 Has Been A Momentous Year For ESG
Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.
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2024's Most Notable FTC Actions Against Dark Patterns And AI
In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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The Story Of 2024's Biggest Bank Regs, And Their Fate In 2025
U.S. federal bank regulators were very active in 2024 with initiatives ranging from antitrust and capital to proposals regarding controlling shareholders and incentive-based compensation, but many regulations face an uncertain future under the new administration, say attorneys at Latham.