Consumer Protection

  • July 15, 2024

    Gemini Says CFTC Can't Have It Both Ways On Materiality

    Crypto exchange Gemini Trust Co. told a New York federal judge late Monday that the U.S. Commodity Futures Trading Commission's arguments that Gemini misled it on aspects of a proposed bitcoin futures contract "directly contradict" the agency's defense of sanctions for its own alleged misstatements in another enforcement action.

  • July 15, 2024

    Biggest Transportation Decisions: Midyear 2024 Review

    The U.S. Supreme Court's upending of a legal doctrine applying to federal agencies' regulatory powers, the dismantling of JetBlue's proposed acquisition of Spirit Airlines and the preservation of California's authority to set its vehicle emissions standards are among the biggest court decisions so far in 2024 affecting the transportation industry.

  • July 15, 2024

    T-Mobile Broke Price-Lock Promise After Merger, Suit Says

    T-Mobile's promise to federal regulators not to raise prices for three years after its megamerger with Sprint has now expired and it's hiking prices, even on plans that it told customers it would never raise the rates on, according to a new proposed class action.

  • July 15, 2024

    JetBlue-Spirit Flyers Seek $20M Atty Fees Following DOJ Win

    The private plaintiffs who challenged the failed JetBlue-Spirit merger asked a Massachusetts federal judge to award their counsel at least $20 million in fees, saying they "substantially contributed" to the U.S. Department of Justice successfully squashing the deal and are the prevailing party in their case.

  • July 15, 2024

    Walgreens Investor Sues Over Challenged Pharmacy Division

    Walgreens Boots Alliance Inc. was hit with a proposed shareholder class action alleging it inflated share prices by concealing the lack of viability of its pharmacy division, which it eventually disclosed needed a major overhaul to become sustainable.

  • July 15, 2024

    Crypto Promoter Says SEC's Ripple Appeal Helps His Request

    A crypto influencer fighting a U.S. Securities and Exchange Commission lawsuit has told a Texas federal judge that his bid for an immediate appeal of a ruling against him is supported by the SEC's own attempt to appeal an adverse ruling in its case against blockchain firm Ripple Labs.

  • July 15, 2024

    CenterPoint To Face Class Action Over Beryl Power Outages

    Personal injury attorney Tony Buzbee announced Monday that he plans to file a proposed class action against CenterPoint Energy on behalf of restaurants in Houston and Galveston, Texas, affected by power outages following Hurricane Beryl.

  • July 15, 2024

    BEAD Should Not 'Impede' Rural 5G Fund, FCC Says

    The chair of the Federal Communications Commission told Congress the fear of overlapping deployment is no reason for the government to spend infrastructure dollars on building out fixed internet service before auctioning spectrum for rural mobile broadband projects.

  • July 15, 2024

    Logan Paul 'Willfully Ignored' Partners' Fraud, Investor Says

    A Texas buyer of influencer Logan Paul's never-launched CryptoZoo project told a Texas federal judge the YouTuber shouldn't win default judgments against the business partners he says duped him as he continues to face a proposed class's claims that he defrauded investors alongside them.

  • July 15, 2024

    'Hard To Imagine' Logic For Late Injury Evidence, Justice Says

    A Dallas County jury will hear a dispute between an apartment complex and a resident who alleges she was injured after a 2015 carbon monoxide leak, despite the late disclosure of evidence, justification for which the Texas Supreme Court said was "hard to imagine."

  • July 15, 2024

    Monsanto Doubles Down In Push To Undo $82M PCB Verdict

    Monsanto has urged a Washington state appeals court to toss an $82 million jury verdict awarded over polychlorinated biphenyls exposure at a school, saying the findings by the same court in a similar case should apply.

  • July 15, 2024

    Binance 'Knowingly' Assisted Hamas, Oct. 7 Survivors Say

    Survivors of Hamas' Oct. 7 attack in Israel have told a New York federal judge that Binance should be held accountable for allegedly funding terrorist activity since they say the cryptocurrency exchange was created as an "illicit financial tool" that operated without adequate compliance controls to knowingly provide criminal customers with access to funds.

  • July 15, 2024

    Bulk Billing Regs Could Hurt Lower-Income Tenants, FCC Told

    Tighter regulations on bulk billing in multitenant environments could make it harder for seniors, low-income households and students to afford high-speed internet service, industry representatives told the Federal Communications Commission.

  • July 15, 2024

    Gun Mags Are Not 'Arms' Under Constitution, Wash. AG Says

    Washington's attorney general is urging the state Supreme Court to uphold a ban on sales of large-capacity magazines for firearms, arguing on Friday that the ammunition devices are not arms deserving of constitutional protection.

  • July 15, 2024

    Gray Reed Helped Water Now CEO In Fraud, Investors Say

    Investors in the now-defunct water purification company Water Now have added law firm Gray Reed & McGraw LLP and attorney George Diamond to their suit against the company, saying in an amended complaint Monday the firm helped the company's CEO run the business into the ground while enriching himself. 

  • July 15, 2024

    3rd Circ. Wants Higher Bar For Halting Delaware Gun Laws

    The Third Circuit held Monday that courts have lowered the bar for issuing preliminary injunctions too much, allowing Delaware to keep its ban on "assault weapons" and extended magazines because the gun rights groups challenging the law hadn't met the burden of showing the harm necessary for "extraordinary relief."

  • July 15, 2024

    SEC Says German Flouting Discovery In $150M Fraud Probe

    A German national suspected of receiving proceeds of a $150 million "pump and dump" scheme from his son can't pick and choose when to avail himself of U.S. legal processes, the U.S. Securities and Exchange Commission said Monday as it seeks to recover funds.

  • July 15, 2024

    FTC Warns Franchisors About Unfair Contract Terms

    The Federal Trade Commission warned franchisors in a new policy statement not to use contract provisions or other tactics to prevent their franchisees from reporting potential law violations to government enforcers.

  • July 15, 2024

    Lululemon's Sustainability Ads Are 'Greenwashing,' Suit Says

    Lululemon's global "greenwashing" marketing campaign has lied to consumers that its products and businesses are eco-friendly while the athleisure company has continued to have a negative impact on the environment, a lawsuit in a Florida federal court said.

  • July 15, 2024

    Auto Defect Suits Taxing Mich. Court Resources, Judge Says

    A Michigan federal judge indicated Monday he would approve a $150 million settlement to end class claims that General Motors sold vehicles with defective batteries that make cars overheat and cause fires, as he noted major auto defects cases have been straining the court's resources. 

  • July 15, 2024

    Fiat Chrysler Gets More Infotainment-Defect Claims Slashed

    A Michigan federal judge has further slashed a consolidated proposed class action alleging that certain Chrysler minivans and sedans had malfunctioning infotainment systems, axing some claims under Illinois and Pennsylvania consumer protection laws but allowing some claims under California and Florida law to proceed.

  • July 15, 2024

    Personal Injury, Med Mal Cases To Watch In 2nd Half Of 2024

    A Pennsylvania case over hospitals' liability for not admitting a mental health patient who ended up killing his girlfriend and a Texas high court case over solicitations by personal injury attorneys are among the cases injury and malpractice attorneys will be following in the second half of 2024.

  • July 15, 2024

    DC Circ. Won't Rethink Revived DOJ Realtor Antitrust Probe

    The D.C. Circuit won't reconsider a ruling that allowed the U.S. Department of Justice to reopen an investigation into certain rules and policies of the National Association of Realtors, rejecting the trade group's request that the court correct "far-reaching and exceptionally important" legal errors.

  • July 15, 2024

    Neoprene Maker Tells 5th Circ. Louisiana Can Stall EPA Rule

    A Louisiana neoprene manufacturer is asking the Fifth Circuit to affirm a state regulator's decision to grant the company a two-year extension to comply with a final chemical emissions rule issued by the U.S. Environmental Protection Agency.

  • July 15, 2024

    Polaris Throttle Defect Blamed For Paralyzing Off-Road Crash

    Polaris has been hit with a negligence suit in Washington federal court by an Evergreen state couple who say the motorsport manufacturer is to blame for a throttle malfunction that caused the husband's off-road vehicle to ram into a tree, paralyzing his lower body.

Expert Analysis

  • Takeaways From SEC's New Data Breach Amendments

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    The U.S. Securities and Exchange Commission's recent amendment of its consumer privacy rules to require investment advisers and broker-dealers to put procedures in place to uncover data breaches and report them to customers evidences that protecting client records and information remains an SEC priority, say attorneys at Simpson Thacher.

  • What Junk Fee Law Means For Biz In California And Beyond

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    Come July 1, companies doing business in California must ensure that the price of any good or service as offered, displayed or advertised is inclusive of all mandatory fees and other charges in compliance with S.B. 478, which may have a far-reaching impact across the country due to wide applicability, say Alexandria Ruiz and Amy Lally at Sidley Austin.

  • Circuit Judge Writes An Opinion, AI Helps: What Now?

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    Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

  • A Look At M&A Conditions After FTC's Exxon-Pioneer Nod

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    The Federal Trade Commission's recent consent decree imposing several conditions on Exxon Mobil's acquisition of Pioneer Natural Resources helps illustrate key points about the current merger enforcement environment, including the probability of further investigations in the energy and pharmaceutical sectors, say Ryan Quillian and John Kendrick at Covington.

  • 'Food As Health' Serves Up Fresh Legal Considerations

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    The growth of food as medicine presents a significant opportunity for healthcare organizations and nontraditional healthcare players to improve patient outcomes and reduce costs, though these innovative programs also bring compliance considerations that must be carefully navigated, say attorneys at McDermott.

  • Aviation Watch: Mostly Smooth Landing For New FAA Law

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    The recently signed Federal Aviation Administration Reauthorization Act enhances air safety in several key ways, including strengthened passenger rights and cockpit voice recorder requirements, but an expansion of slot exemptions at Reagan National Airport is a notable misstep, says Alan Hoffman, a retired attorney and aviation expert.

  • Series

    In The CFPB Playbook: Regulatory Aims Get High Court Assist

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    Newly emboldened after the U.S. Supreme Court last month found that the Consumer Financial Protection Bureau's funding is constitutional, the bureau has likely experienced a psychic boost, allowing its already robust enforcement agenda to continue expanding, say attorneys at Husch Blackwell.

  • FTC Theories Of Harm After Anesthesia Co. Ruling

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    As Federal Trade Commission litigation against U.S. Anesthesia Partners proceeds following a Texas federal court's recent decision to dismiss a private equity sponsor from the suit, the case attempts to incorporate and advance some of the commission's theories of competitive harm from the final 2023 Merger Guidelines, say attorneys at Mintz.

  • FTC Hearing On Fake Review Rule Stressed Compliance Costs

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    The Federal Trade Commission is likely to finalize its proposed rule to prohibit marketers from using deceptive practices in their product reviews after an informal hearing covered arguments over whether costs of implementing the rule, such as review moderation and software maintenance, would be minimal, says Jeffrey Edelstein at Manatt.

  • FTC Focus: Exploring The Meaning Of Orange Book Letters

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    The Federal Trade Commission recently announced an expansion of its campaign to promote competition by targeting pharmaceutical manufacturers' improper Orange Book patent listings, but there is a question of whether and how this helps generic entrants, say Colin Kass and David Munkittrick at Proskauer.

  • 3 Recent Decisions To Note As Climate Litigation Heats Up

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    Three recent rulings on climate-related issues — from a New York federal court, a New York state court and an international tribunal, respectively — demonstrate both regulators' concern about climate change and the complexity of conflicting regulations in different jurisdictions, say J. Michael Showalter and Robert Middleton at ArentFox Schiff.

  • 12 Keys To Successful Post-Trial Juror Interviews

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    Post-trial interviews offer attorneys an avenue to gain valuable insights into juror decision making and get feedback that can inform future litigation strategies, but certain best practices must be followed to get the most out of this research tool, say Alexa Hiley and Brianna Smith at IMS Legal.

  • How Employers, Attorneys Can Respond To Noncompete Ban

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    As the Federal Trade Commission's recently issued noncompete ban faces ongoing legal challenges, now is a good time for employers to consider whether they want to take a wait-and-see approach before halting use of noncompetes and for practitioners to gain insight into other tools available to protect their clients' business interests, says Jennifer Platzkere Snyder at Dilworth Paxson.

  • Class Actions At The Circuit Courts: May Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from automobile insurance to securities — and provides key takeaways for counsel on issues including circuit-specific ascertainability requirements and how to conduct a Daubert analysis prior to class certification.

  • New TSCA Risk Rule Gives EPA Broad Discretion On Science

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    The U.S. Environmental Protection Agency's recent final amendments to its framework for evaluating the risks of chemical substances under the Toxic Substances Control Act give it vast discretion over consideration of scientific information, without objective criteria to guide that discretion, say John McGahren and Debra Carfora at Morgan Lewis.

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