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Consumer Protection
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June 18, 2025
9th Circ. Backs Papa John's Win Against Wiretapping Suit
The Ninth Circuit refused to reinstate a customer's proposed class action accusing Papa John's of recording website visitors' activities in violation of the California Invasion of Privacy Act, ruling Wednesday the pizza chain, as a party to the communications, can't be liable for spying on its own conversation.Â
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June 18, 2025
Reddit Execs Downplayed Google AI's Impact, Investors Say
Reddit and its top brass downplayed the impact Google's artificial intelligence-generated search results had on the forum website's traffic and ad revenues, causing stocks to drop when the truth emerged about weakening revenues, according to an investor's proposed class action filed Wednesday in California federal court.
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June 18, 2025
FTC, Amazon Trade Blows Over Attempts To End Prime Case
The Federal Trade Commission and Amazon have slammed one another in federal court filings over their competing bids to win regulators' case targeting Prime subscription enrollment practices, continuing to spar over the applicability of a consumer protection law shielding online shoppers.
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June 18, 2025
Belk Didn't Protect Private Info From Data Breach, Suits Say
Belk Inc. allegedly failed to safeguard the personal information of its employees and customers from hackers, resulting in a cyberattack that the department store chain has reportedly concealed, according to a pair of class action lawsuits filed in North Carolina.
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June 18, 2025
Trump Set To Delay TikTok Sale-Or-Ban Deadline For 3rd Time
President Donald Trump is planning to extend for an additional 90 days a looming deadline for TikTok to cut ties with its Chinese parent company or face a nationwide ban, according to the White House, which said that the administration would use the extra time to finalize a deal to keep the popular social media app from going dark.Â
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June 18, 2025
Opt-Out 'Oversight' May Not Excuse Burford In Price-Fix Deal
An Illinois federal judge considering a $32 million price-fixing settlement between turkey producer Cargill and a group of direct purchasers seemed skeptical Wednesday of two Burford Capitol subsidiaries' assertion that they should be considered excluded from the deal despite submitting their opt-out request a day late.
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June 18, 2025
Judge Skeptical That Assa Abloy Needn't Extend Supply Deal
A D.C. federal judge suggested Tuesday that Assa Abloy faces an uphill fight resisting efforts by its divestiture buyer to extend a supply agreement inked as part of an asset sale deal resolving a U.S. Department of Justice merger lawsuit.
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June 18, 2025
Union Urges Del. Justices To Refloat BofA Benefit Card Suit
Delaware's chief justice pressed an attorney for Bank of America stockholders Wednesday to "drill down to the bad faith" during an appeal for revival of a Chancery Court suit accusing the company of intentionally prioritizing profits over compliance in managing unemployment benefit cards during the COVID-19 pandemic.
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June 18, 2025
Union Praises NY Bills On AI In Advertisements, Digital Rights
Entertainment labor union SAG-AFTRA has applauded the passage of two bills by the New York State Legislature that would require the disclosure of advertisements' use of artificial intelligence-generated performers and for permission to be obtained to use digital renderings of deceased performers in expressive works.
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June 18, 2025
DOJ Defends Using Written Depos In HPE-Juniper Merger Trial
The U.S. Department of Justice is defending its proposal to include written deposition testimony into the record for its upcoming antitrust trial against Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks, saying that playing depositions live would waste crucial time in what is scheduled to be an eight-day trial.
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June 18, 2025
Ex-Yankee Scores $222K Jury Award In Moldy Mansion Trial
A Connecticut federal jury on Wednesday awarded retired New York Yankees third baseman Joshua Donaldson more than $222,000 in a dispute with a former landlord he blamed for the presence of mold in a Greenwich mansion, and a judge is expected to double a substantial portion of that amount.
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June 18, 2025
NY Exterminator Says Its 'Black Widow' TM Is 'Incontestable'
A downstate New York pest exterminator on Wednesday urged a Connecticut federal judge to rule that a Constitution State competitor infringed its logo and confused customers, arguing it owns "valid, incontestable" trademarks that have been in use since 2003.
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June 18, 2025
Senate Adds Full 5-Year Term For New FCC Commissioner
The U.S. Senate on Wednesday confirmed Olivia Trusty, a newly added member of the Federal Communications Commission, to serve another five years in addition to the term ending June 30 that lawmakers had approved the day before.
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June 18, 2025
DC Judge Throws Out Suits Over J&J Drug Discount Audits
A D.C. federal judge nixed five lawsuits brought by hospitals that accused federal healthcare regulators of illegally authorizing Johnson & Johnson to audit their business records for compliance with the 340B drug discount program.
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June 18, 2025
AGs Tell 3rd Circ. To Close 'Loophole' In Kalshi Betting Case
A bipartisan group of attorneys general co-led by Ohio Attorney General Dave Yost, a Republican, pressed the Third Circuit to prevent trading platform Kalshi's "broad preemptive coup," urging the appellate court to allow New Jersey to regulate the company.
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June 17, 2025
Chinese Co. Draws Fla. AG Probe Over Health Device Security
Florida's attorney general is taking a closer look at a Chinese manufacturer of health monitoring devices that he claims has been concealing "serious security problems" that have enabled unauthorized parties to manipulate and gain access to patient data.Â
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June 17, 2025
Senate Passes Stablecoin Legislation With Bipartisan Support
The Senate's proposal to regulate stablecoins passed the chamber on Tuesday with support from both parties, sending it on to the House where lawmakers are still working on their own proposal.
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June 17, 2025
La. Law Will Make Tesla Sales Less Onerous, Justices Told
Louisiana regulators are hoping the U.S. Supreme Court will hold off on considering their request to take up a Tesla-brought case targeting the state's ban on direct sales by automakers, saying a new law is about to change things and the justices should wait until it takes effect.
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June 17, 2025
Crypto Co. Says Meme-Coin Creating Atty Can't Rep Theft Suit
Cryptocurrency wallet provider Phantom Technologies has asked a New York federal judge to disqualify an attorney from representing a group of plaintiffs, including himself, in a suit he filed over the alleged theft of half-a-million dollars worth of a meme coin he created in honor of his pet dachshund.
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June 17, 2025
Utah Man Can't Escape SEC's Microcap Stock Scheme Suit
A Utah bookkeeper can't escape U.S. Securities and Exchange Commission allegations he served as a middleman in a penny stock pump-and-dump scheme because the SEC's complaint appropriately details its assertion that he was, at least, reckless, in connection with the matter, a federal judge has determined.
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June 17, 2025
Ex-Low Power TV Owner Hit With $188K In Fines
A Federal Communications Commission administrative law judge has slapped the former licensee of Hispanic Christian Community Network with $188,000 in fines, finding the man paid "utterly no attention ... to statutory and regulatory responsibilities."
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June 17, 2025
FTC Clarifies Auto Dealers' Duties Under Data Security Rule
The Federal Trade Commission has issued guidance to assist automobile dealers in complying with the agency's financial data security rule, stressing that their obligations to safeguard customers' nonpublic information doesn't end when their business relationship terminates.Â
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June 17, 2025
Ex-Yankee Makes Final Pitch To Jury In Moldy Mansion Suit
A retired New York Yankees third baseman incurred hundreds of thousands of dollars in costs after he rented a Connecticut mansion that turned out to have a mold problem, and his landlord should pay up after failing to act quickly, his attorney told a federal jury in Hartford on Tuesday.
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June 17, 2025
5th Circ. Finds $37M For PPE Delivery Problems Went Too Far
The Fifth Circuit on Monday kept partially intact a $37 million award the Federal Trade Commission secured against a drop-shipping company, but found part of the award went too far because it fully refunded customers for COVID-19 protective gear that was delivered late.
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June 17, 2025
Nissan Asks Justices To Void Certified Sunroof Defect Classes
Nissan North America Inc. has asked the U.S. Supreme Court to unravel certified classes of drivers alleging the automaker sold vehicles with defective panoramic sunroofs, saying the Ninth Circuit endorsed a "grossly unfair" standard that allows uninjured plaintiffs to level inflated class claims against corporate defendants.
Expert Analysis
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What To Know About Insurance Coverage For Greenwashing
As the number of public and private lawsuits relating to greenwashing dramatically grows, risk managers of companies making environmental claims should look to several types of insurance for coverage in the event of a suit, say attorneys at Hunton.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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Considering The Future Of AI Regulation On Health Sector
As Texas looks to become the next state to pass a comprehensive law regulating artificial intelligence, the healthcare industry should consider how AI regulation will continue to evolve in the U.S. and how industry members can keep up with compliance considerations, say attorneys at Kirkland & Ellis.
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30 Years Later: How PSLRA Has Improved Securities Litigation
In the 30 years since the Private Securities Litigation Reform Act's passage, the statute has achieved its purpose of shifting securities class actions to investors most capable of monitoring the litigation, selecting competent counsel at competitive rates and maximizing recoveries for the investor classes they represent, say attorneys at Bernstein Litowitz.
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Managing Anti-Corporate Juror Views Revealed By CEO Killing
After the shooting of UnitedHealthcare CEO Brian Thompson laid bare deep-seated anti-corporate sentiments among the public, companies in numerous industries will have to navigate the influence of related juror biases on litigation dynamics, say Jorge Monroy and Keith Pounds at IMS Legal Strategies.
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How Banks Can Prepare For NYDFS Overdraft Overhaul
The New York State Department of Financial Services' recent proposal to amend overdraft rules for financial institutions underscores states' potential to create consumer protection mechanisms in the absence of meaningful federal action, say attorneys at Steptoe.
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Terraform Case May Be Bellwether For Crypto Enforcement
The prosecution of crypto company Terraform Labs and its CEO, Do Kwon, offers a unique test of the line between lawful and unlawful conduct in digital transactions, and the Trump administration’s posture toward the case will provide clues about its cryptocurrency enforcement agenda in the years to come, say attorneys at Brooks Pierce.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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What's At Stake In High Court's Class Member Standing Case
The U.S. Supreme Court’s eventual decision in Labcorp v. Davis could significantly alter how parties prosecute and defend class actions in federal court, particularly if the court determines some proof of member standing is required before a class may be certified, say attorneys at Reed Smith.
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Texas Fraud Case Shows Dangers Of Faulty Crypto Reporting
The recent sentencing of a man who failed to properly report capital gains from bitcoin sales is a reminder that special attention must be given to the IRS' reporting requirements in order to stay out of the government's crosshairs, says Saverio Romeo at Fox Rothschild.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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Justices' TikTok Ruling May Pose Threat To Online Expression
The U.S. Supreme Court's recent landmark ruling upholding a federal law mandating TikTok's forced divestiture in the name of data security may embolden digital censorship agendas worldwide, says IP lawyer Bahram Jafari.
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Assessing PE Risk After Mass. False Claims Act Amendments
A law recently passed in Massachusetts amends the commonwealth's False Claims Act by dramatically expanding potential liability for private equity firms and investors, underscoring the importance of robust diligence and risk assessments for private equity firms conducting transactions in the commonwealth, say attorneys at Gibson Dunn.
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Notable Q4 Updates In Insurance Class Actions
In a continuation of trends in property and casualty insurance class actions, last quarter insurers struggled with defending the merits and class certification of sales tax and fee suits, and labor depreciation cases, but succeeded in dismissing privacy class actions at the pleading stages, says Mathew Drocton at BakerHostetler.