Consumer Protection

  • July 15, 2024

    Coca-Cola Docs Would Clarify Soda Risk, Mexican Group Says

    A Mexican consumer advocacy group has asked a Georgia federal judge to force the Coca-Cola Company to hand over internal documents about the company's alleged efforts to manufacture scientific research that misled soda buyers about the dangerous health effects of sugary beverages.

  • July 15, 2024

    BMW, Customer Agree To Drop Motorcycle Gear Display Row

    BMW of North America and a customer who brought a proposed class action against the company, alleging it sold motorcycles with defective gear indicators, have agreed to drop their dispute from New Jersey federal court, according to a joint stipulation.

  • July 12, 2024

    Law360 Names 2024's Top Attorneys Under 40

    Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.

  • July 12, 2024

    Loper Bright Is Shaking Up Dozens Of Regulatory Fights

    In the two weeks since the U.S. Supreme Court overturned Chevron deference, the landmark decision has emerged as a live issue in dozens of administrative challenges, with federal courts already pausing agency regulations expanding LGBTQ+ rights in education and healthcare and with a wave of parties seeking to use the new decision to win their cases.

  • July 12, 2024

    GoDaddy Accused Of Kicking Tech Co. Off Platform

    The world's largest domain registrar, GoDaddy, is facing a lawsuit accusing it of blackballing a tech company from its platform so that it could force customers to use its own, worse version of the rival's tool for connecting third-party applications to their domains.

  • July 12, 2024

    2nd Circ. Revives 'Whole Wheat Flour' Cracker Label Suit

    Advertising which emphasized "organic whole wheat flour" in a box of crackers when white flour was the primary ingredient was misleading and "arguably false," according to the Second Circuit, which revived a lawsuit accusing Back to Nature Foods Co. of tricking its customers.

  • July 12, 2024

    Texas Courts Block Protections For Transgender Students

    Two Texas federal judges have blocked the U.S. Department of Education from enforcing protections for transgender students in Lone Star State schools while lawsuits against the rules are litigated, with one judge saying the measures provide "extra privileges to the transgender student based on subjective feelings of discomfort."

  • July 12, 2024

    Red State AGs Slam SEC 'Overreach' In Crypto Co. Challenge

    Seven Republican state attorneys general have told a Texas federal judge that the U.S. Securities and Exchange Commission's alleged crypto policy of "rulemaking by district court enforcement action" threatens their ability to protect consumers as the court weighs a yet-to-launch crypto exchange's preemptive challenge to the securities regulator.

  • July 12, 2024

    FCC Says Rural Areas Get New Funds After Charter Defaults

    Charter is going to be dropping some of the Rural Digital Opportunity Fund census blocks it took responsibility for and taking the fines that come with doing so, according to the FCC, which says the good news is that those blocks are now open for more federal funding for another provider.

  • July 12, 2024

    CFPB Takes Its 5th Circ. Lumps To Advance Late Fee Rule Suit

    The Consumer Financial Protection Bureau has told the Fifth Circuit that it won't appeal a three-judge panel's decision forcing it defend its $8 credit card late fee rule in Texas rather than Washington, D.C., a move that could expedite the agency's efforts to free the rule from a lower-court injunction.

  • July 12, 2024

    DC Circ. Upholds FCC Approval Of SpaceX Satellite Plan

    A D.C. Circuit panel Friday affirmed a Federal Communications Commission license authorizing SpaceX to deploy thousands of its Starlink satellites, rejecting challenges from satellite TV provider Dish Network LLC and advocacy group DarkSky International.

  • July 12, 2024

    MoneyLion Cites High Court Rulings In Bid To Toss CFPB Suit

    MoneyLion Technologies Inc. told a New York federal judge on Friday that two recent U.S. Supreme Court rulings, including the reversal of the so-called Chevron deference doctrine, support the challenge to military lending regulations it is accused of violating in a lawsuit by the Consumer Financial Protection Bureau.

  • July 12, 2024

    Valve Says Too Much Game Publisher Variety For Class Cert.

    Online gaming giant Valve is fighting certification of a class of some 32,000 gaming publishers that distributed their titles through the company's Steam platform, arguing those publishers have nothing in common to assert any commonality in the alleged creation of a pricing floor that helped sustain Valve's 30% commissions.

  • July 12, 2024

    FCC Warns NY Landowners To Shut Down Pirate Radio

    The Federal Communications Commission has warned more than a dozen landowners in metro New York to shut down pirate radio broadcasting from their properties or face fines up to nearly $2.4 million.

  • July 12, 2024

    Citigroup Wants Racial-Bias Lawsuit Over ATM Fees Tossed

    Citigroup has asked a Florida federal judge to dismiss a racial discrimination lawsuit that claims the bank violated federal civil rights laws by waiving ATM fees for customers of minority-owned banks, saying the plaintiffs have failed to plead an injury that is traceable to the alleged misconduct.

  • July 12, 2024

    Delta Slams Flyers' Facebook Data Sharing Class Action

    Delta Air Lines has asked a California federal judge to dump a proposed class action alleging it unlawfully shared customers' sensitive personal data with Meta's Facebook through online tracking tools embedded in its website, saying its contract of carriage clearly discloses its digital advertising practices.

  • July 12, 2024

    Judge Questions Zuckerberg's Bid To Dodge Liability In MDL

    A California federal judge voiced doubt Friday about Meta CEO Mark Zuckerberg's arguments for axing corporate-officer liability claims from multidistrict litigation over the allegedly addictive designs of social media, saying that while many CEOs are hands-off, "it's not clear to me that Mr. Zuckerberg is one of them."

  • July 12, 2024

    Steris Infringing 'AST' Trademark, Medical Equipment Co. Says

    Medical supply company Steris Corp. is allegedly infringing the "AST" trademark of a Washington engineering and medical equipment firm, according to a complaint filed Friday in Washington federal court.

  • July 12, 2024

    Chancery Tosses Centene Shareholders' Medicaid Fraud Suit

    The Delaware Chancery Court on Friday dismissed a Centene stockholder derivative lawsuit seeking damages from company directors and officers over allegations of a multistate Medicaid pharmacy benefit billing fraud scheme that the investors said could result in a $1.25 billion liability for the healthcare giant.

  • July 12, 2024

    T-Mobile Wins Time To Defend Arb. Award In 'SIM Swap' Suit

    T-Mobile USA has won more time to defend an arbitration award it won after a customer claimed that lax security measures caused him to lose nearly $240,000 in cryptocurrency, according to a Florida federal court order.

  • July 12, 2024

    FINRA's Remote Inspection Pilot Met With Praise, Caution

    The Financial Industry Regulatory Authority's new pilot program for remote inspections of broker-dealers has earned praise from attorneys, who say the measures accommodate the reality of remote work routines, but they're waiting to see how the chips fall on questions including the adequacy of the regulator's data security measures.

  • July 12, 2024

    Biggest Washington Decisions Of 2024: A Midyear Report

    The first half of 2024 in Washington courts was punctuated by a fizzled startup's $72 million trial win against The Boeing Co., and Monsanto Co.'s appellate reversal of a $185 million verdict in one of a series of high-profile PCB poisoning cases. Here is a closer look at some of the biggest decisions in Washington state and federal courts in the first half of 2024.

  • July 12, 2024

    Altice Says Conn. AG's 'Enhancement Fee' Suit Needs Details

    Altice USA is asking for a more specific complaint in the state of Connecticut's illegal-fee lawsuit against the cable company, telling a state judge that the initial nine-page complaint is too vague to understand or respond to.

  • July 12, 2024

    AT&T Reveals Breach Of 'Nearly All' Users' Wireless Records

    AT&T disclosed Friday that hackers had downloaded phone call and text message records belonging to "nearly all" the telecom giant's wireless customers at various times between May 2022 and early last year, although the company stressed that the breached data did not include the contents of these communications or appear to be publicly available.

  • July 12, 2024

    FTC Says Abandoned Novant Deal Moots Lower Court Loss

    The Federal Trade Commission is looking to unravel a North Carolina federal judge's order allowing Novant's planned $320 million hospital merger to advance after it subsequently abandoned the deal, telling the Fourth Circuit the appeal is moot and the order should be vacated.

Expert Analysis

  • Opinion

    Discount Window Reform Needed To Curb Modern Bank Runs

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    We learned during the spring 2023 failures that bank runs can happen extraordinarily fast in light of modern technology, especially when banks have a greater concentration of large deposits, demonstrating that the antiquated but effective discount window needs to be overhauled before the next crisis, says Cris Cicala at Stinson.

  • Mitigating Risks Amid 10-Year Sanctions Enforcement Window

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    In response to recent legislation, which doubles the statute of limitations for actions related to certain U.S. sanctions and provides regulators greater opportunity to investigate possible violations, companies should take specific steps to account for the increased civil and criminal enforcement risk, say attorneys at Freshfields.

  • Series

    In The CFPB Playbook: Making Good On Bold Promises

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    The U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's funding structure in the second quarter cleared the way for the bureau to resume a number of high-priority initiatives, and it appears poised to charge ahead in working toward its aggressive preelection agenda, say Andrew Arculin and Paula Vigo Marqués at Blank Rome.

  • Series

    After Chevron: Creating New Hurdles For ESG Rulemaking

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    The U.S. Supreme Court's Loper Bright decision, limiting court deference to agencies' statutory interpretations, could have significant impacts on the future of ESG regulation, creating new hurdles for agency rulemaking around these emerging issues, and calling into question current administrative actions, says Leah Malone at Simpson Thacher.

  • California Adds A Novel Twist To State Suits Against Big Oil

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    California’s suit against Exxon Mobil Corp., one of several state suits that seek to hold oil and gas companies accountable for climate-related harms, is unique both in the magnitude of the alleged claims and its use of a consumer protection statute to seek disgorgement of industry profits, says Julia Stein at UCLA School of Law.

  • Opinion

    States Should Loosen Law Firm Ownership Restrictions

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    Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.

  • How Attorneys Can Reduce Bad Behavior At Deposition

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    To minimize unprofessional behavior by opposing counsel and witnesses, and take charge of the room at deposition, attorneys should lay out some key ground rules at the outset — and be sure to model good behavior themselves, says John Farrell at Fish & Richardson.

  • Best Text Practices In Light Of Terraform's $4.5B Fraud Deal

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    Text messages were extremely important in a recent civil trial against Terraform Labs, leading to a $4.5 billion settlement, so litigants in securities fraud cases need to have robust mobile data policies that address the content and retention of messages, and the obligations of employees to allow for collection, say Josh Sohn and Alicia Clausen at Crowell & Moring.

  • Series

    Solving Puzzles Makes Me A Better Lawyer

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    Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.

  • CFPB's New Registration Rule Will Intensify Nonbank Scrutiny

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    The Consumer Financial Protection Bureau's recently finalized nonbank registration rule aimed at cracking down on repeat offenders poses significant compliance challenges and enforcement risks for nonbank financial firms, and may be particularly onerous for smaller firms, say Ketan Bhirud and Emily Yu at Cozen O'Connor.

  • Series

    After Chevron: FCC And Industry Must Prepare For Change

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    The Chevron doctrine was especially significant in the communications sector because of the indeterminacy of federal communications statutes, so the U.S. Supreme Court's overturning of the doctrine could have big implications for those regulated by the Federal Communications Commission, bringing both opportunities and risks for companies, say Thomas Johnson and Michael Showalter at Wiley.

  • Series

    After Chevron: Environmental Law May Face Hurdles

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    The U.S. Supreme Court's recent ruling overturning Chevron deference could prove to be as influential as the original 1984 decision, with far-reaching implications for U.S. environmental laws, including rendering recently promulgated regulations more vulnerable to challenges, say attorneys at Morgan Lewis.

  • Texas Ethics Opinion Flags Hazards Of Unauthorized Practice

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    The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • 6 Lessons From DOJ's 1st Controlled Drug Case In Telehealth

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    Following the U.S. Department of Justice’s first-ever criminal prosecution over telehealth-prescribed controlled substances in U.S. v. Ruthia He, healthcare providers should be mindful of the risks associated with restricting the physician-patient relationship when crafting new business models, says Jonathan Porter at Husch Blackwell.

  • Series

    After Chevron: Scale Tips Favor Away From HHS Agencies

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    The loss of Chevron deference may indirectly aid parties in challenging the U.S. Department of Health and Human Services' interpretations of regulations and could immediately influence several pending cases challenging HHS on technical questions and agency authority, say attorneys at Ropes & Gray.

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