In Nutella Advertising Case, Whom Is the System Protecting? by Ifrah Law - Strategic Defense in Federal... on 5/14/2012 The world is full of surprises, like the fact that Nutella chocolate spread is loaded with saturated fat and sugar and is not itself healthy. Ferrero USA, Inc., the company that makes Nutella, learned the hard way that...more
Construction Oberview: Maryland Court of Appeals Rules that Consumer Protection Act Applies to Condominium Resale Disclosures by Ober|Kaler on 5/14/2012 In a unanimous opinion filed on April 30, 2012, the Maryland Court of Appeals has established that provisions of the Maryland Consumer Protection Act apply to the information contained in a condominium resale certificate. The...more
The SAR catches a RAT by Jonathan Foxx on 5/10/2012 Can a SAR catch a RAT? In its just released review of Suspicious Activity Report (SAR) trends, tips, and issues, FinCEN included a brief, but illustrative statement about how a SAR filing eventually led to an indictment...more
Abbott Labs to Pay $1.6 Billion to Settle Consumer Protection and Misbranding Claims by Mintz Levin - Health Law on 5/8/2012 Abbott Laboratories (Abbott), an Illinois company, will pay over $1.6 billion in penalties to the federal government and several states related to its alleged illegal promotion of the prescription drug Depakote for off-label...more
Bill Illustrates Ils Besetting Corporate Fraud Fund by Allen Matkins Leck Gamble Mallory & Natsis... on 5/7/2012 In 2002, the Legislature enacted AB 55 creating the victims of corporate fraud fund. Since the fund was created, it has collected about $15 million and nearly 800 claims have been submitted. In a devastating article...more
Advertising Law -- April 27, 2012 by Manatt, Phelps & Phillips, LLP on 5/1/2012 In This Issue: Duracell Battery Class Action Lawsuit; Class Action Settlement Seeks To “Stop” GameStop’s Allegedly Deceptive Marketing Practices; Commercial Email with Falsified or Misrepresented Header Information...more
Fair Lending Compliance - Some Red Flags by Jonathan Foxx on 4/24/2012 The Consumer Financial Protection Bureau (CFPB) will make Fair Lending a focus of its examinations. I have written extensively on these examinations. Our firm is committed to providing comprehensive audit and due...more
FTC Announces First Actions Against Auto Loan Modification Schemes by BuckleySandler LLP on 4/13/2012 On April 4, the FTC released complaints filed recently against two operations allegedly engaged in deceptive auto loan modification schemes. According to the FTC, the two companies and several related individuals instructed...more
CFPB Issues S.A.F.E. Act Examination Procedures by Jonathan Foxx on 3/30/2012 On March 7, 2012, the Consumer Financial Protection Bureau (CFPB) issued guidance regarding examination procedures pertaining to compliance with the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (SAFE Act or...more
Mortgage-Backed Securities Litigation -- Litigation and Regulatory Trends by Richik Sarkar on 3/29/2012 A CLE presentation covering the common claims and defenses asserted in MBS litigation and recent litigation and regulatory trends....more
Hamilton (City) v. Metcalfe & Mansfield Capital Corporation, 2012 ONCA 156 Limitation in Misrepresentation Cases: Damage v. Damages by Rebecca Huang on 3/13/2012 Last week, the Ontario Court of Appeal addressed the important distinction between damage and damages with respect to the limitation issue in misrepresentation cases. In Hamilton (City) v. Metcalfe & Mansfield Capital...more
Lawyer: 20 More Law School Class Actions Coming [Video] by Bloomberg Law on 2/22/2012 Attorney David Anziska tells Bloomberg Law's Lee Pacchia that he plans to file class action suits against 20 more law schools in the coming months, and is looking for a global settlement of his allegations that schools...more
Center for Class Action Fairness Objects to Apple Adapter Settlement by Law & Industry Daily on 2/22/2012 WASHINGTON, Feb. 22 (LID) – The Center for Class Action Fairness has filed an objection to the proposed settlement of a class-action lawsuit against Apple Inc. over older models of its MagSafe power adapter. The 60-watt and...more
Criminal Code Used in Civil Action to Recover Triple Damages and Attorney Fees by Aaron Morris on 2/19/2012 When is a breach of contract also fraud? When the party never intended to perform. So how do you get into the mind of the defendant to determine if he intended to perform when he signed the agreement? Thankfully,...more
Supreme Court Upholds Mandatory Pre-dispute Arbitration Clause in Credit Card Agreements by Victoria Holstein-Childress on 2/8/2012 This article by Victoria Holstein-Childress discusses mandatory pre-dispute arbitration clauses in consumer financial services contracts and the Supreme Court's January 2012 decision in Compucredit v. Greenwood. In...more