Consumer Protection

  • May 21, 2024

    Banks Urged To Vote Out Exxon Leaders Who Sued Investors

    A group of state and city financial officials sent letters to some of the biggest banks and asset managers Tuesday urging them to vote against Exxon Mobil Corp.'s CEO and lead independent director at an upcoming annual meeting because of the company's lawsuit against a pair of environmentally minded activist investors.

  • May 21, 2024

    Molson Coors' Mimosas More Water Than Wine, Suit Says

    Two consumers hit Molson Coors Beverage Co. with a proposed class action Monday in Missouri federal court, alleging that the company's mimosa drinks are misbranded because they are not made with sparkling wine but rather made with sparkling water and sugar and contain only small amounts of orange juice.

  • May 21, 2024

    NTIA Explores Gov't Support For 6G Development

    The U.S. Department of Commerce is looking for input on how the government can aid in the development of 6G technology.

  • May 21, 2024

    Conn. Bank Hit With Suit Over 'Crippling' Overdraft Fees

    Connecticut-based Ion Bank is the latest financial institution to face a putative class action alleging it violated its agreements with customers by imposing overdraft fees on certain transactions.

  • May 21, 2024

    SEC Fines KeyBank Broker-Dealer Over Reg BI Failures

    The U.S. Securities and Exchange Commission on Tuesday ordered Key Investment Services LLC to pay more than $200,000 for allegedly failing to address conflicts of interest with Regulation Best Interest.

  • May 21, 2024

    X Corp., Hate Speech Watchdog Settle Atty Fees Bid

    A California federal judge Tuesday signed off on an agreement that X Corp. and the Center for Countering Digital Hate reached to resolve the nonprofit organization's bid for $300,000 in attorney fees following a successful defense against the Elon Musk-led social media platform's claims that the center used improper tactics to write one of its articles.

  • May 21, 2024

    Apple Tees Up Bid To Toss DOJ IPhone Monopoly Suit

    Apple argued that it has the right to choose how it does business in a preview Tuesday of its upcoming explanations for why a New Jersey federal judge should dismiss the Justice Department lawsuit accusing the iPhone maker of restricting third-party app access to monopolize the smartphone market.

  • May 21, 2024

    Uniswap Warns SEC There's 'More To Lose' In Potential Suit

    The company behind decentralized finance platform Uniswap on Tuesday warned the U.S. Securities and Exchange Commission that the regulator "has more to lose than gain" from bringing an enforcement action against it since its proposed case implicates pending rulemaking and its authority to regulate transactions on crypto platforms.

  • May 21, 2024

    Counties Not 'Persons' In Texas Opioid MDL Appeal

    A Texas appeals panel found Tuesday that counties are not considered "persons" under the state's common law and therefore are not subject to the Texas Medical Liability Act's requirement that they serve expert reports to pharmacy defendants in the state's opioid multidistrict litigation.

  • May 21, 2024

    FTC Chair Khan Says Corporate Concentration Creates Fear

    Federal Trade Commission Chair Lina Khan said Tuesday that corporate concentration creates fear for many Americans, including small businesses that rely on digital gatekeepers like Google and Amazon.

  • May 21, 2024

    Circuit Split Could Still Derail FCC Subsidies, High Court Told

    Free market groups urged the U.S. Supreme Court on Tuesday to review their challenge to the Federal Communications Commission's subsidy programs, saying the Fifth Circuit could create a circuit split "at any time" by rejecting the fee-based system.

  • May 21, 2024

    Drinking Water Systems At Risk Of Cyberattack, EPA Says

    More than 70% of the nation's drinking water systems are not in compliance with federal law requiring them to assess the risks of and develop plans for cybersecurity attacks, which could leave them vulnerable to foreign interference, the U.S. Environmental Protection Agency said Monday.

  • May 21, 2024

    Make Emergency Missing-Adult Codes Voluntary, FCC Urged

    A new missing-adult code that the Federal Communications Commission wants to integrate into the Emergency Alert System should be kept voluntary for existing alert systems, cable providers told the FCC.

  • May 21, 2024

    Tuna Buyers Seeking $1B In July Price-Fixing Trial

    Tuna buyers who are taking StarKist, its parent company and a private investment firm that put money into Bumble Bee Foods to trial on allegations of conspiring to hike the price of the tinned fish will be asking for over $1 billion in damages once all is said and done.

  • May 21, 2024

    3rd Suit Alleges Panera's 'Charged' Drink Caused Heart Attack

    An 18-year-old man sued Panera Bread Co. in Pennsylvania federal court Monday alleging its highly caffeinated "Charged Lemonade" drink caused him to suffer a heart attack, at least the third such suit filed against the franchise over the now-discontinued beverage. 

  • May 21, 2024

    4th Circ. Told Justices' Ruling Dooms Bid To Delay $811M Fine

    The Consumer Financial Protection Bureau has pointed to the U.S. Supreme Court's recent decision finding the agency's funding structure constitutional to head off a bid by immigrant bond companies accused of abusive bonding practices to delay an $811 million judgment.

  • May 21, 2024

    9th Circ. Rejects Quick Section 230 Appeal In Casino App MDL

    The Ninth Circuit refused to weigh in Tuesday on whether the Communications Decency Act's Section 230 shields Google, Apple and Meta from consolidated multidistrict litigation over allegedly illicit "social casino" game apps on their platforms, finding that deciding the issue on an interlocutory appeal would be a premature, advisory opinion.

  • May 21, 2024

    Binance User Must Arbitrate Facial Scan BIPA Fight

    An Illinois federal judge has sent to arbitration a proposed class action alleging Binance.US' trading platform violated Illinois' Biometric Information Privacy Act by scanning and storing users' unique facial geometry as part of its identity-verification process, finding the lead plaintiff hasn't shown she never agreed to arbitration.

  • May 21, 2024

    F1's Andretti Denial Stokes Collusion Fears On Capitol Hill

    Formula One's reluctance to add an American racing team to its championship drew a sideways glance from Capitol Hill on Tuesday, as a group of U.S. senators urged the Biden administration to probe F1's governance board for potential antitrust violations.

  • May 21, 2024

    BASF Agrees To $316.5M Settlement In PFAS Foam MDL

    Attorneys representing public water systems in a South Carolina multidistrict litigation over so-called forever chemicals in drinking water announced Tuesday that they've reached an agreement in principle with defendant BASF Corp., which will pay $316.5 million to resolve the claims.

  • May 21, 2024

    $93M Lipitor Antitrust Deal Sparks Dispute Over Fee Division

    Attorneys representing a class of buyers in antitrust litigation against Pfizer over the cholesterol medication Lipitor are squabbling over how to divide up to $31 million in attorney fees before a New Jersey federal judge even approves the total, according to court documents.

  • May 21, 2024

    Attys Accused Of Botching NC Suit By Missing Filing Deadline

    The parents of two children who died in a car fire are suing their former attorneys in North Carolina federal court for malpractice, alleging they dropped the ball on filing the pair's wrongful death claims against a seat belt manufacturer before the deadline passed.

  • May 21, 2024

    NJ AG Starts Antitrust Section To Protect 'Fair Competition'

    New Jersey will establish an Antitrust Litigation and Competition Enforcement Section, a new, permanent, stand-alone section within the Division of Law, to solidify the state's ability to enforce antitrust laws and ensure fair competition, the state announced Tuesday.

  • May 21, 2024

    DOJ, VW Ask 9th Circ. To Void Jones Day Docs Release Order

    The U.S. Department of Justice and Volkswagen have told the Ninth Circuit that forcing them to release confidential Volkswagen documents that were part of a Jones Day investigation into the automaker's 2015 emissions-cheating scandal would have far-reaching, chilling implications for federal criminal prosecutions.

  • May 21, 2024

    Altria Unit Fights Bids To Toss Illegal Vape Sale Suit

    Altria Group Inc. subsidiary NJOY LLC is fighting a pair of bids to dismiss its suit seeking to block illegal sales of flavored vapes, saying it has shown both how it has been harmed by their sale and how preventing the sales would redress its injuries.

Expert Analysis

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • New Proposal Signals Sharper Enforcement Focus At CFIUS

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    Last week's proposed rule aimed at broadening the Committee on Foreign Investment in the United States' enforcement authority over foreign investments and increasing penalties for violations signals that CFIUS intends to continue expanding its aggressive monitoring of national security issues, say attorneys at Kirkland.

  • What FinCEN Proposed Customer ID Number Change Means

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    The Financial Crimes Enforcement Network's recent request for comment on changing a requirement for banks to collect full Social Security numbers at account sign-up represents an important opportunity for banks to express their preferability, as communicating sensitive information online may carry fraud or cybersecurity risks, say attorneys at Crowell & Moring.

  • Circumstantial Evidence Requires A Pointillist Approach

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    Because complex cases with sophisticated defendants are unlikely to reveal much, if any, direct evidence, attorneys must aggregate many pieces of circumstantial evidence into a cohesive narrative — much like the painting technique of pointillism, says Reuben Guttman at Guttman Buschner.

  • Questions Persist After Ruling Skirts $925M TCPA Award Issue

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    After an Oregon federal court's recent Wakefield v. ViSalus ruling that the doctrine of constitutional avoidance precluded it from deciding whether a $925 million Telephone Consumer Protection Act damages award was constitutionally sound, further guidance is needed on when statutory damages violate due process, says Michael Klotz at O'Melveny.

  • Benzene Contamination Concerns: Drugmakers' Next Steps

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    After a citizen petition to the U.S. Food and Drug Administration and a flurry of class actions over benzene contamination in benzoyl peroxide acne products, affected manufacturers should consider a thoughtful approach that includes assembling internal data and possibly contacting the FDA for product-specific discussions, say attorneys at Morgan Lewis.

  • Blocked JetBlue-Spirit Deal Illustrates New Antitrust Approach

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    The U.S. Department of Justice’s recent successful block of a merger between JetBlue Airways and Spirit Airlines demonstrates antitrust enforcers’ updated and disparate approach to out-of-market benefits versus out-of-market harms, say Lisa Rumin and Anthony Ferrara at McDermott.

  • Back Labels In False Ad Cases Get Some Clarity In 9th Circ.

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    Courts in the Ninth Circuit have recently delivered a series of wins to advertisers, making clear that any ambiguity on the front of a product's package can be resolved by reference to the back label — which guarantees defendants a powerful tool to combat deceptive labeling claims, say attorneys at Patterson Belknap.

  • Series

    Fla. Banking Brief: All The Notable Legal Updates In Q1

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    Early 2024 developments that could have a notable impact on Florida's finance community include progress on a bill that would substantially revise the state Securities and Investor Protection Act, and the Consumer Financial Protection Bureau's final rule capping late fees for larger credit card issuers, say Benjamin Weinberg and Megan Riley at Leon Cosgrove.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q1

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    The first quarter of 2024 saw a number of notable legal and regulatory developments that will significantly affect New York's financial services industry, including the New York Department of Financial Services' finalized novel guidance directing banks to continuously monitor the character and fitness of key personnel, say Brian Montgomery and Nathan Lewko at Pillsbury.

  • Opinion

    Federal MDL Rule Benefits From Public Comments

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    The new Federal Rule of Civil Procedure concerning multidistrict litigation that was approved this week by the Advisory Committee on Civil Rules incorporates ideas from public comments that will aid both plaintiffs and defense attorneys — and if ultimately adopted, the rule should promote efficient, merits-driven MDL case management, say Robert Johnston and Gary Feldon at Hollingsworth.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Opinion

    Aviation Watch: Not All Airline Mergers Hurt The Public

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    The U.S. Department of Justice's actions to block recent attempted airline mergers have been touted as serving the interests of the consumers — but given the realities of the deregulated air travel market, a tie-up like the one proposed between JetBlue and Spirit might have been a win for the public, says Alan Hoffman, a retired attorney and aviation expert.

  • The Merger Cases That Will Matter At ABA Antitrust Meeting

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    While the American Bar Association's Antitrust Spring Meeting this week will cover all types of competition law issues in the U.S. and abroad, expect the federal agencies' recent track record in merger enforcement to be a key area of focus on the official panels and in cocktail party chatter, say attorneys at Freshfields.

  • How Banks Should Respond To Calif. AG's Overdraft Warning

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    Banks and credit unions should heed recent guidance from California’s attorney general, along with warnings by consumer regulators of all stripes, regarding unfair fee practices by properly disclosing their fees and practices, and ensuring the amounts charged mirror federal benchmarks, say Brett D. Watson and Madeline Suchard at Cozen O'Connor.

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