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Consumer Protection
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May 28, 2025
Wellness App User Must Arbitrate Video Data-Sharing Suit
A California federal judge has shipped to arbitration a proposed class action accusing the operators of the meditation app Balance of unlawfully sharing subscribers' video-viewing data and other personal information with a third-party software provider, finding that the user leading the suit had agreed to arbitrate his claims when signing up for the service.Â
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May 28, 2025
Elon Musk Is Leaving White House Role, Trump Admin Says
Billionaire Elon Musk is ending his work with President Donald Trump and the federal Department of Government Efficiency, a White House official confirmed Wednesday evening.
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May 28, 2025
EchoStar Says FCC Should Not Question Buildout Extension
Echostar Corp. says the FCC has created a "dark cloud of uncertainty" by opening the door to comments about whether the agency should have given the company an extension on its deadline for building a broadband service using spectrum it acquired for its open RAN network plan.
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May 28, 2025
Coinbase Users Sue Over Terraform Token Conversion Losses
A group of crypto buyers sued Coinbase Global Inc. over losses they say they incurred from the crypto exchange's actions in the wake of the historic Terraform collapse, accusing Coinbase of muddling the process of converting their assets and providing them with inaccurate tax documents.
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May 28, 2025
FCC Urged To Reject Waiver For Alaska Plan Mapping
The Federal Communications Commission ought not lower its standards for telecoms hoping to receive federal dollars in order to bring high-speed internet to Alaska, according to a trade group, who is arguing the end result would simply be worse service for Alaskans.
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May 28, 2025
Va. Ruling Undercuts Railroads' Broadband Suit, 4th Circ. Told
Virginia's attorney general is looking to turn a state court loss into a federal court win, telling the Fourth Circuit that a recent Virginia Supreme Court decision curbing a new law that eases access for broadband providers on railroad property actually diminishes a railroad industry association's standing.
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May 28, 2025
Duke Energy Settles Proposed Class Action Over Data Breach
Duke Energy has reached a deal in a proposed class action alleging that customers' sensitive personal information was exposed in a data breach last year, according to a joint notice the parties filed in North Carolina federal court.
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May 28, 2025
High Court's Bid To Save Fed Independence May Backfire
The U.S. Supreme Court has signaled it may expand President Donald Trump's power to summarily fire independent agency officials while keeping the Federal Reserve in a league of its own, but legal experts say that carveout may still leave the central bank's independence on shaky ground.
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May 28, 2025
Drugmaker LIVation Fights Novo Nordisk's Trademark Claims
A Connecticut company, accused by Novo Nordisk Inc. of breaking trademark and unfair trade practices laws by comparing its compounded drugs to Ozempic, says it has taken down online posts the pharma giant challenged in April, claiming Novo Nordisk can no longer prove ongoing harm.
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May 28, 2025
ÃÛÌÒÊÓÆµ Energy Loan Rule An 'Unlawful Power Grab,' Suit Says
Lenders that finance clean energy home improvement projects on Wednesday challenged a Biden-era rule that applies standard mortgage protections to loans where homeowners pay for such projects through property tax bills, saying the rule is unlawful and threatens to kill their business.
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May 28, 2025
Distiller Denied New Shot At Wash. State Alcohol Sales Regs
A federal judge in Washington state gave short shrift to a bid for reconsideration from a New York distillery and two Washington whiskey drinkers who lost their challenge to the Washington state liquor board's rules requiring a physical in-state presence to sell online.
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May 28, 2025
Amazon Seeks To End FTC's Prime Subscription Case
Amazon and the Federal Trade Commission have both asked a Washington state federal court to hand them wins ahead of trial in the agency's case accusing the e-commerce giant of trapping consumers into Prime subscriptions.
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May 28, 2025
Telecom Groups Ask Trump To Push BEAD Program Ahead
A bevy of broadband industry groups are seeking help from the White House in nudging the U.S. Department of Commerce to hasten the distribution of federal funding for internet deployment projects in underserved areas of the country.
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May 28, 2025
DOJ Tells Justices American Airlines Can't Renew JetBlue Pact
The federal government told the U.S. Supreme Court that the First Circuit correctly determined that American Airlines failed to prove at trial that its codeshare agreement with JetBlue in Boston and New York had procompetitive benefits, and the carrier's attempt to revive the alliance is moot anyway.
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May 28, 2025
Berkshire Hathaway RV Maker Wants End To Defect Suit
A Berkshire Hathaway company is urging a Montana federal court to throw out the last remaining claims in a suit alleging it made and sold RVs with dangerous wiring defects, saying the plaintiff hasn't shown any evidence of actual damage or that the company was aware of any defects before he bought it.
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May 28, 2025
Anesthesiology Co. Urges Dismissal Of Antitrust Class Action
U.S. Anesthesia Partners told a Houston judge that a patient leading a proposed class action accusing it of monopolizing the Texas anesthesia market doesn't have a valid claim because his insurance company chose how much he paid for services.
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May 28, 2025
Insurer Fights Coverage Of Patent Suit Against Dental Co.
An insurer told a Michigan federal court it is not obligated to defend or indemnify a dental products company in an underlying patent infringement case, arguing that the claims fall outside the scope of the commercial liability coverage.
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May 28, 2025
2nd Circ. Backs Credit One Win In FCRA Investigation Suit
The Second Circuit on Wednesday declined to revive a New York woman's lawsuit against Credit One Bank for allegedly failing to investigate identity theft claims against her mother, with a panel agreeing with the lower court that no reasonable investigation required under federal law conducted by the bank would have yielded different results.
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May 28, 2025
Hill Dems Blast 'Indefensible' Delay In Multilingual Alert Regs
More than two dozen congressional Democrats called on the Federal Communications Commission to complete the rollout of a bipartisan rule meant to provide wireless emergency alerts in multiple languages, claiming untenable delays in the process.
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May 28, 2025
Coca-Cola Sued Over '100% Natural Flavors' In Sprite, Fanta
The Coca-Cola Co. deceptively labels its Sprite and Fanta brands of sodas as being made with "100% natural flavors" despite that they contain synthetic sweetener ingredients and additives like citric acid and aspartame, according to a proposed class action filed Tuesday in California federal court.
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May 27, 2025
Musk, DOGE Fail To Nix States' Suit Against 'Limitless' Power
Fourteen states can proceed in their lawsuit challenging Elon Musk and the Department of Government Efficiency's influence in the federal government after a D.C. federal judge Tuesday refused to toss their suit, rejecting the government's contention that Musk wasn't subject to the U.S. Constitution's appointments clause.
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May 27, 2025
Retailer To Face Privacy Suit Instead Of Arbitration Claims
More than 2,400 Janie & Jack website visitors pursuing arbitration claims over the children clothing retailer's allegedly unlawful online tracking practices have agreed to drop these individual grievances and instead lodge a single proposed class action to press their allegations, according to a notice filed in California federal court.Â
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May 27, 2025
Proterra Investors Push For Final OK Of $29M Settlement
Proterra Inc. investors have asked a California federal court to sign off on a $29 million deal resolving allegations that the bankrupt electric-vehicle maker's executives misled them about liquidity issues, according to a motion for final approval of the settlement filed Tuesday.
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May 27, 2025
Crypto Industry Urges CFTC Action On Perpetual Contracts
Derivatives marketplaces and cryptocurrency firms told the U.S. Commodity Futures Trading Commission that setting rules for so-called perpetual derivatives would bring significant crypto trading activity onshore, but the regulator will have to contend with round-the-clock trading, novel risks and characteristics that don't fit neatly into existing classifications.
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May 27, 2025
ÃÛÌÒÊÓÆµ Nixes Snap Finance Suit In Latest Enforcement Cutback
The Consumer Financial Protection Bureau on Tuesday permanently dropped its Utah federal lawsuit against Snap Finance, a lease-to-own fintech, adding to the list of Biden-era enforcement actions that the agency has walked away from under Trump-appointed leadership.
Expert Analysis
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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2 Recent Federal Decisions Affecting State CIPA Cases
Two recent cases may help stem the tide of the ever-increasing number of California Invasion of Privacy Act complaints filed in federal court, but won't prevent plaintiffs from filing in state courts, so companies need to shift their focus from Article III standing to statutory standing, says Matthew Pearson at Womble Bond.
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Opinion
Airlines Should Follow Treaty On Prompt Crash Payouts
In the wake of the recent crash of a Delta Air Lines flight during landing in Toronto, it is vital for air carriers and their insurers to understand how the Montreal Convention's process for immediate passenger compensation can avoid years of costly litigation and reputational damage for companies, says Robert Alpert at International Crisis Response.
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McKernan-Led ÃÛÌÒÊÓÆµ May Lead To Decentralized Enforcement
Though Jonathan McKernan’s confirmation as director would likely mean a less active Consumer Financial Protection Bureau, the decreased federal oversight could lead to more state-led investigations, multistate regulatory actions and private lawsuits under consumer protection laws, says Jonathan Pompan at Venable.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Opinion
SEC Shouldn't Complicate Broker-Dealers' AML Compliance
Recent U.S. Securities and Exchange Commission anti-money laundering enforcement actions show that regulators should not second-guess broker-dealers' reasonable judgment, or stretch the law or their jurisdiction to regulate through enforcement, lest they expect broker-dealers to vigorously defend their AML programs, say attorneys at WilmerHale.
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Rebuttal
6 Reasons Why Arbitration Offers Equitable Resolutions
Contrary to a recent Law360 guest article, arbitration provides numerous benefits to employees, consumers and businesses alike, ensuring fair and efficient dispute resolution without the excessive fees, costs and delays associated with traditional litigation, say attorneys at Proskauer.
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Executive Orders Paving Way For New Era Of Crypto Banking
Recent executive orders have already significantly affected the day-to-day operations of financial institutions that have an interest in engaging with digital assets, and creating informed strategies now can support institutions as the crypto gates continue to open to the banking industry, say attorneys at Spencer Fane.
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How Calif. Algorithmic Pricing Bills Could Affect Consumers
California's legislative efforts to regulate algorithmic pricing may address antitrust and fairness concerns, but could stop retailers from providing consumer discounts, says Alyssa Sones at Sheppard Mullin.
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Explaining ÃÛÌÒÊÓÆµ's Legal Duties Under The Dodd-Frank Act
While only Congress can actually eradicate the Consumer Financial Protection Bureau, the Trump administration has sought to significantly alter the agency's operations, so it's an apt time to review the minimum baseline of activities that Congress requires of the ÃÛÌÒÊÓÆµ in Title X of the Dodd-Frank Act, say attorneys at Bradley Arant.
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State Securities Enforcers May Fill A Federal Enforcement Gap
The U.S. Securities and Exchange Commission appears poised to take a lighter touch under the new administration, but state enforcement efforts are likely to continue unabated, and potentially even increase, particularly with regard to digital assets and ESG disclosures, say attorneys at Ropes & Gray.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Recent Cases Highlight Latest AI-Related Civil Litigation Risks
Ongoing lawsuits in federal district courts reveal potential risks that companies using artificial intelligence may face from civil litigants, including health insurance coverage cases involving contractual and equitable claims, and myriad cases concerning securities disclosure claims, say attorneys at Katten.
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What Rodney Hood's OCC Stint Could Mean For Banking
Acting Comptroller of the Currency Rodney Hood's time at the helm of the OCC, while temporary, is likely to feature clarity for financial institutions navigating regulations, the development of fintech innovation, and clearer expectations for counsel advising on related matters, say attorneys at Vedder Price.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.