The U.S. Securities and Exchange Commission announced Wednesday that enforcement director Gurbir Grewal will be leaving the agency next week following a three-year tenure, during which the agency brought in record penalties and frequently clashed with crypto industry participants objecting to a string of lawsuits brought under Grewal's leadership.
Law360
Consumer Protection
THURSDAY, OCTOBER 3, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

gurbir-grewal-photo.jpg

SEC's Top Cop Departing After Record-Breaking Tenure

By Jessica Corso

The U.S. Securities and Exchange Commission announced Wednesday that enforcement director Gurbir Grewal will be leaving the agency next week following a three-year tenure, during which the agency brought in record penalties and frequently clashed with crypto industry participants objecting to a string of lawsuits brought under Grewal's leadership.

Read full article » | Save to favorites »

Convicted Judge Owes Feds Retirement Funds, 7th Circ. Says

By Lauren Berg

A former Illinois judge convicted of running a $1.4 million mortgage fraud scheme must cough up assets from her retirement accounts to cover her restitution obligations, the Seventh Circuit ruled Wednesday, agreeing with a Chicago district court that the government can access her retirement savings to satisfy that debt.

Opinion attached | Read full article » | Save to favorites »

2nd Circ. Won't Nix Amazon Awards Against Chinese Sellers

By Caroline Simson

A pair of Chinese third-party sellers were unable to convince the Second Circuit to vacate arbitral awards favoring Amazon after the sellers allegedly bribed customers for positive reviews, with the appeals court rejecting their argument that the arbitrators manifestly disregarded the law.

Opinion attached | Read full article » | Save to favorites »

TikTok Can't End Browser Privacy MDL

By Lauraann Wood

An Illinois federal judge on Tuesday held TikTok and parent company ByteDance to multidistrict litigation in which users claim the video platform's in-app browser illegally tracks activity on third-party sites, and gave the plaintiffs a chance to replead one claim under California law.

Order attached | Read full article » | Save to favorites »

Analysis

Top 3 Groups Lobbying The FCC

By Christopher Cole

The Federal Communications Commission heard from advocates more than 100 times in September on the FCC's effort to clamp down on scam robocalls, rules to spur broadband deployment, revamping the 4.9 gigahertz airwaves, satellite spectrum and more.

Read full article » | Save to favorites »

POLICY & REGULATION

Wi-Fi Has All The Spectrum It Needs, Mobile Group Says

By Jared Foretek

Wi-Fi performance gains won't come from more unlicensed spectrum use, a new report commissioned by telecommunications trade group CTIA said Wednesday.

Report attached | Read full article » | Save to favorites »

ENFORCEMENT

Coinbase Seeks CFTC Docs To Defend SEC Enforcement Case

By Aislinn Keely

Coinbase has asked a Washington, D.C., federal court to direct the Commodity Futures Trading Commission to produce communications the regulator may have had with certain digital asset issuers as the cryptocurrency exchange prepares to defend registration claims from the U.S. Securities and Exchange Commission in New York.

Motion attached | Read full article » | Save to favorites »

Credit Repair Co. Owes $50M In CFPB, Mass. AG Case

By Sydney Price

The Consumer Financial Protection Bureau and Massachusetts' attorney general scored a $50 million win in their suit against a credit repair service and its owner after a Bay State federal judge determined that they violated federal and state consumer protection laws by falsely promising credit score improvements and illegally charging advance fees.

Memorandum attached | Read full article » | Save to favorites »

CFPB's $5M Student Loan Deal Gets OK Over PIMCO Objections

By Jon Hill

A Pennsylvania federal judge has finalized a proposed $5 million settlement of a Consumer Financial Protection Bureau case that alleged pandemic-era servicing failures involving securitized student loans, overruling objections that money manager PIMCO raised on behalf of loan investors.

Decision attached | Read full article » | Save to favorites »

LITIGATION

Hyundai, Kia Drivers' $145M Car-Theft Deal Wins Final OK

By Linda Chiem

A California federal judge has signed off on a $145 million settlement that closes out consolidated consumer claims alleging Hyundai and Kia knowingly sold defective vehicles with design flaws that spawned a car-theft crime wave following a viral TikTok trend that popularized tips for breaking into their cars.

2 documents attached | Read full article » | Save to favorites »

GM Must Face Auto Part Co.'s Raid Conspiracy Counterclaim

By Carolyn Muyskens

General Motors can't slip an aftermarket car parts company's accusation that the auto giant was behind a government raid of its warehouses, a Michigan federal judge ruled Tuesday, allowing two of Quality Collision's counterclaims in a GM-filed patent infringement suit to stand.

Order attached | Read full article » | Save to favorites »

This Is L Can't Toss Tampon Misleading Labeling Suit

By Mike Curley

A New York federal judge on Wednesday declined to toss a suit alleging that This Is L. Inc. misleads consumers by advertising its tampons as having no "chlorine bleaching, dyes or fragrances" when it includes a pigment.

Order attached | Read full article » | Save to favorites »

Nipple Cover Co. Can't Nix 'Grippy, Not Sticky' False Ad Suit

By Gina Kim

A California federal judge on Wednesday declined to nix a proposed class action claiming Cakes Body falsely touts its reusable pasties as stay-in-place but that they don't work the way they're advertised, finding the plaintiff plausibly alleges the "grippy, not sticky" representations describing the product are misleading to consumers.

Order attached | Read full article » | Save to favorites »

Steph Curry Card Suit Can Proceed, Texas Judge Rules

By Tom Lotshaw

Sports card grader Beckett Collectibles LLC must face a negligent misrepresentation lawsuit alleging it gave an unwarranted "9.5 gem mint" rating to a Steph Curry basketball card that had actually been altered and was later purchased for $168,000, a Texas federal judge ruled on Tuesday.

Order attached | Read full article » | Save to favorites »

ExecuPharm Agrees To Pay Ransomware Victims $10K Each

By James Boyle

U.S. pharmaceutical giant ExecuPharm will pay victims of a data breach up to $10,000 in reimbursements, compensation for lost time, three years of credit monitoring, and $675,000 in attorney fees after a Pennsylvania federal judge gave his final approval to a class action settlement.

Settlement attached | Read full article » | Save to favorites »

Supplement Co. Hits Back At TM Suit, Alleges Fake Reviews

By Ryan Harroff

Supplement-maker Nutranext Business LLC failed to disclose that a doctor promoting its products is a paid influence, artificially inflated its positive reviews on Amazon and misrepresented a study that purports to show the benefits of using its products, according to new counterclaims filed by a competitor it sued for trademark infringement.

1 document attached | Read full article » | Save to favorites »

Pfizer Didn't Warn Of Tumor Risks In Depo-Provera, Suit Says

By Gina Kim

Pfizer Inc. faces a product liability and negligence suit filed Tuesday in California federal court alleging it distributed the hormonal contraceptive drug Depo-Provera without adequately warning patients and doctors about the risk of brain tumors associated with its use, a danger that has been widely published in scientific journals for years.

Complaint attached | Read full article » | Save to favorites »

Tesla Sued By Driver Shocked At NJ Charging Station

By George Woolston

A Garden State woman alleged that a design defect in the Tesla Supercharger caused her to be shocked while attempting to unplug her Tesla from a charging station at a southern New Jersey shopping center, according to a suit filed in New Jersey state court.

Complaint attached | Read full article » | Save to favorites »

Gordon Rees Atty Asks Judge To Rethink Malpractice Ruling

By Hope Patti

A Gordon Rees Scully Mansukhani LLP attorney urged a Washington state court to reconsider a recent ruling denying the dismissal of legal malpractice claims brought by the insurer for a climbing equipment manufacturer, saying the assignment and subrogation of professional liability claims is improper.

Motion attached | Read full article » | Save to favorites »

Wells Fargo, AAA Misrepresent Arbitration Process, Suit Says

By Caroline Simson

Wells Fargo and the American Arbitration Association have been hit with a proposed class action accusing them of colluding to fraudulently induce consumers into accepting a fundamentally unfair arbitration process, thereby giving up their right to litigate claims over allegedly unfair overdraft fees.

Complaint attached | Read full article » | Save to favorites »

SEC Plans To Appeal Ripple Labs Decision To 2nd Circ.

By Aislinn Keely

The U.S. Securities and Exchange Commission told a New York federal judge on Wednesday that it plans to appeal her decision in its registration suit against blockchain firm Ripple Labs to the Second Circuit.

Notice attached | Read full article » | Save to favorites »

Colony Ridge Seeks Quick Appeal In 'Reverse Redlining' Suit

By Katryna Perera

A Texas real estate developer that recently lost a bid to exit a lending discrimination suit brought by the U.S. government and the Consumer Financial Protection Bureau has moved to begin a Fifth Circuit appeal, arguing the "novelty" of the case's reverse redlining theory warrants immediate appellate review.

Motion attached | Read full article » | Save to favorites »

Conn. Receiver Gains Access To Apt. Co-Op's BofA Accounts

By Brian Steele

Bank of America agreed to provide a court-appointed receiver with access to a distressed housing cooperative's bank accounts Wednesday amid efforts by the municipalities of Bridgeport and Stratford, Connecticut, to obtain a court order.

2 documents attached | Read full article » | Save to favorites »

WHITE COLLAR

Ex-PBM Worker Says He Bribed Co-Workers In $160M Fraud

By Catherine Marfin

A former employee of a pharmacy benefit manager told a Texas federal jury on Wednesday that he accepted more than $180,000 in bribes over five years from a Houston man accused of running a multimillion-dollar healthcare fraud, testifying that he would often accept money to bribe his co-workers with.

Read full article » | Save to favorites »

IN BRIEF

Brief

3rd Firearms Co. Settles Conn. AG's 'Ghost Gun' Suit

By Ryan Harroff

Another firearm firm has settled with Connecticut Attorney General William Tong to resolve his claims it was selling "ghost gun" components unlawfully in a deal that involves the company dissolving itself, handing over its web domain and deleting all of its social media, Tong announced Wednesday.

1 document attached | Read full article » | Save to favorites »

EXPERT ANALYSIS

Navigating The Complexities Of Cyber Incident Reporting

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.

Read full article » | Save to favorites »

Aviation Watch: Boeing Plea Agreement May Not Serve Public

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.

1 document attached | Read full article » | Save to favorites »

Using Primacy And Recency Effects In Opening Statements

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.

Read full article » | Save to favorites »

LEGAL INDUSTRY

These Are The Legal Chiefs Who Command Top Dollar

By Michele Gorman

With the increasingly dynamic role of the top corporate lawyer playing out across sectors — as well as stock awards that far outpace the amounts they see in their salaries and bonuses — the pay packages for most general counsel and chief legal officers continue to stay strong.

Read full article » | Save to favorites »

The 2024 Compensation Report: General Counsel

Law360 Pulse looks at the pay of the best-compensated legal chiefs at S&P 500 companies. Find out who’s making the most and which law firms and schools have the most alumni in these high-profile posts.

1 document attached | Read full article » | Save to favorites »

NYC Mayor Adams May Face More Charges, Feds Say

By Frank G. Runyeon

Prosecutors told a Manhattan federal judge Wednesday it was "possible" they would charge New York City Mayor Eric Adams with additional crimes in his corruption case, indicating they have evidence he told witnesses to lie to the FBI.

Read full article » | Save to favorites »

Bullying In Law Is Pervasive, Drives Turnover, Ill. Attys Say

By Aebra Coe

Nearly a quarter of those who responded to a recent large-scale survey of Illinois lawyers said they had been bullied at work within the last year, with those numbers spiking among women and other traditionally underrepresented attorneys in the profession, a report released Tuesday found.

Read full article » | Save to favorites »

Ex-Federal Judge's Sex Misconduct Spurs New Criminal Trial

By Ryan Boysen

The sexual misconduct scandal that toppled a federal judge in Alaska has now caused a criminal conviction to be overturned, despite prosecutors' insistence that the judge's "out-of-court judicial misconduct" had no effect on the trial.

2 documents attached | Read full article » | Save to favorites »

Progressive Group Staffs Up For Judicial Nominee Fights

By Courtney Bublé

With a little over a month until Election Day, a progressive organization announced a slate of new hires to prepare for judicial confirmation battles and fight for court reform on Wednesday.

Read full article » | Save to favorites »

Maine's First Female Federal Judge To Take Semiretired Status

By Courtney Bublé

U.S District Judge Nancy Torresen, the first woman to hold a federal judgeship in Maine, will take semiretired status next year.

Read full article » | Save to favorites »

Cahill Adds House Oversight Atty Who Handled Biden Probe

By Rachel Scharf

Cahill Gordon & Reindel LLP announced Wednesday it hired the former head lawyer for the U.S. House Committee on Oversight and Accountability, whose work includes guiding an impeachment probe into President Joe Biden.

Read full article » | Save to favorites »

Kirkland Accuses Ex-IP Atty Of Delaying Bias Suit Discovery

By Dorothy Atkins

Kirkland & Ellis LLP told a California federal magistrate judge Wednesday that a former Kirkland intellectual property associate has delayed discovery production in her discrimination lawsuit against the firm, arguing that her discovery responses cite an erroneous legal standard, are non-committal and are "not even close to being proper."

Brief attached | Read full article » | Save to favorites »

Q&A

Fried Frank's M&A Co-Head Views Rate Cuts, AI With Caution

By Al Barbarino

While it might be tempting to jump with joy about the Federal Reserve's recent rate cut, Philip Richter, co-head of Fried Frank's mergers and acquisitions practice, takes a more measured view. Here, Law360 talks to Richter about the rate cut, the upcoming presidential election, artificial intelligence and more.

Read full article » | Save to favorites »

Tenn. Atty Sues Federal Court, Judges Over Gag Order Rule

By Jack Karp

A rule of the U.S. District Court for the Middle District of Tennessee barring attorneys from making "any extrajudicial statements" about cases pending in the district violates the First Amendment and should be blocked, according to a Nashville civil rights lawyer.

Complaint attached | Read full article » | Save to favorites »

MSU Halted Paying Legal Bills After Critical Report, Firm Says

By Danielle Ferguson

Michigan State University stopped paying outside counsel to defend its board of trustees chair after an investigative report appeared to support claims the chair bullied colleagues, the counsel said, filing a state complaint seeking two months' worth of fees.

2 documents attached | Read full article » | Save to favorites »

Promo that reads Law360 Pulse Compensation Report Promo that reads 2024 Regional Powerhouses

LAW FIRMS IN TODAY'S NEWS

Allen Stovall Neuman

Alston & Bird

Baron & Budd

Berchem Moses

Berger Kahn

Bradley Law Group

Brown Rudnick

Bursor & Fisher

Byrnes Keller

Cahill Gordon

Condon Tobin

Covington & Burling

Cozen O'Connor

Davis Gerald & Cremer

Davis Wright Tremaine

Debevoise & Plimpton

Dechert LLP

Dickie McCamey

FeganScott

Filippatos PLLC

Fish & Richardson

Flood & Flood

Fried Frank

Gibson Dunn

Goldman Scarlato

Gordon Rees Scully Mansukhani

Grotefeld Hoffmann

Hagens Berman

Herman Jones LLP

Hilder & Associates

Honigman LLP

Howard & Howard

Humphrey Farrington

Hunton Andrews

Husch Blackwell

Jenner & Block

Keller Rohrback

Kellogg Hansen

Kessler Topaz

Kirkland & Ellis

Knott & Knott

Law Office of John D. Cline

Lee Smart PS

Lockridge Grindal

Mandell Menkes

Martineau King

Mayer Brown

Messa & Associates

Miller & Chevalier

Obermayer Rebmann

Orrick Herrington

Parker Poe

Paul Hastings

Quinn Emanuel

Reese LLP

Riggs & Ray

Scott&Scott

Sheehan & Associates PC

Sinars Slowikowski

Squire Patton

Stueve Siegel

Stutman Law

Sullivan & Cromwell

Tabet DiVito

The Miller Law Firm PC (Rochester, MI)

Troutman Pepper

Wachtell Lipton

Weitz & Luxenberg

White & Case

WilmerHale

Wilson Elser

Wilson Sonsini

Zweiback Fiset

COMPANIES IN TODAY'S NEWS

AT&T Inc.

Alphabet Inc.

Amazon.com Inc.

American Arbitration Association

American Constitution Society

American Express Co.

Bank of America Corp.

Binance Holdings Ltd.

ByteDance Ltd.

CDK Global Inc.

CTIA

Central Maine Power Co.

Change Healthcare Inc.

Citizens for Responsibility & Ethics in Washington

Coinbase Global Inc.

CoreCivic Inc.

Delta Air Lines Inc.

ExecuPharm Inc.

Ford Motor Co.

Fordham University

Glencore PLC

Google LLC

HP Inc.

Hyundai Motor Co.

Illinois Supreme Court Commission on Professionalism

Institute for Justice

Johnson & Johnson

Kia Corp.

LinkedIn Corp.

Michigan State University

National Cable & Telecommunications Association

Netflix Inc.

Pacific Investment Management Co. LLC

Pfizer Inc.

Ripple Labs Inc.

S.A.C. Capital Advisors LP

Space Exploration Technologies Corp.

Spectrum Management Holding Co.

Stellantis NV

T-Mobile US Inc.

Telefonaktiebolaget LM Ericsson

Tesla Inc.

The Boeing Co.

The Goldman Sachs Group Inc.

TikTok Inc.

Viatris Inc.

Wells Fargo & Co.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Commodity Futures Trading Commission

Connecticut Attorney General's Office

Consumer Financial Protection Bureau

European Union

Federal Aviation Administration

Federal Bureau of Investigation

Federal Communications Commission

Federal Reserve System

Federal Trade Commission

Food and Drug Administration

Illinois Supreme Court

Manhattan District Attorney's Office

National Telecommunications and Information Administration

New Jersey Court

Office of the Vermont Attorney General

U.S. Attorney's Office for the District of Alaska

U.S. Attorney's Office for the Middle District of Florida

U.S. Attorney's Office for the Northern District of Illinois

U.S. Attorney's Office for the Southern District of New York

U.S. Attorney's Office for the Southern District of Texas

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. Department of Health and Human Services

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. District & Bankruptcy Courts of Southern District of Texas

U.S. District Court for the Central District of California

U.S. District Court for the District of Alaska

U.S. District Court for the District of Columbia

U.S. District Court for the District of Massachusetts

U.S. District Court for the Eastern District of Michigan

U.S. District Court for the Eastern District of New York

U.S. District Court for the Eastern District of North Carolina

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Middle District of Pennsylvania

U.S. District Court for the Middle District of Tennessee

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Michigan

U.S. Securities and Exchange Commission

U.S. Supreme Court

United States Bankruptcy Court for the District of Connecticut