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Read Consumer Protection updates, news, and legal commentary from leading lawyers and law firms:

Second Circuit Holds That Printing of Expiration Date Is a Bare Procedural Violation of FACTA That Is Inadequate Under Spokeo to...

by Davis Wright Tremaine LLP on

Addressing the issue of when “a bare procedural violation of a statutory right constitute[s] an injury in fact sufficient for standing to bring suit in federal court”, the U.S. Court of Appeals for the Second Circuit has...more

Product Liability Update: April 2017

by Foley Hoag LLP on

Massachusetts Federal Court In Prescription Drug Case Holds “Learned Intermediary” Rule Requiring Warnings Only To Prescribing Physician Applied Even Though Patient and Caregiver Were Physicians, But Experts’ Affidavits of...more

Awful Missouri Venue/Joinder Ruling Offers Way Out – Take It!

by Reed Smith on

Even after having read it through twice, we find the result in Barron v. Abbott Laboratories, Inc., ___ S.W.3d ___, 2016 WL 6596091 (Mo. App. Nov. 8, 2016), hard to fathom, and even harder to stomach. For several years after...more

Battery Problems Spread to Smartphones

by Cozen O'Connor on

After more than a decade of laptop battery fires, coupled with the surge in new battery operated devices causing fires (including hoverboards and e-cigarettes), it seemed almost impossible that news of a new string of...more

Will Fatal Self-Driving Crash Put the Brakes on Autonomous Vehicles?

by Foley & Lardner LLP on

The National Highway Traffic Safety Administration is handling a full load of safety recalls and investigations these days, including the investigation of a fatal crash involving Tesla’s Autopilot system. On May 7, a man was...more

Mille Lacs County in Minnesota settles for $1 million after former employee accesses driver and vehicle database for personal gain

Last week, Mille Lacs County and former investigator for the Mille Lacs County Family Services, Mikki Jo Peterick, agreed to pay $1 million to settle a proposed federal class action which alleged that a former employee of...more

Social Links: Publishers claim ad blockers violate FTC rules; Twitter bags its “buy button”; has the IoT gone too far?

The Newspaper Association of America has filed a first-of-its-kind complaint with the FTC over certain ad blocking technologies. Is it “Internet” or “internet”? The Associated Press is about to change the capitalization...more

Legal Issues Raised by the Driverless Vehicle Revolution – PART 2

Part 1 of this article, published in the December 2015 Business Litigation Report, described emerging driverless vehicle technology and related patent and patent ligation issues. Part 2 continues this discussion with the...more

Legal Trends: Cybersecurity

New privacy torts have recently emerged in certain Canadian jurisdictions, including intrusion upon seclusion and publicity given to private life. Intrusion upon seclusion allows a plaintiff to sue if (1) a person has...more

Cybersecurity for Medical Devices: A Risk Mitigation Checklist for In-House Counsel

by Reed Smith on

Just this summer, a cybersecurity firm issued a report widely cited in the media detailing cases where unnamed hospitals were allegedly hit by data breaches after medical devices (identified only generically as a blood gas...more

Cheatin’ Ain’t Easy: Potential Theories of Liability Emerge for Online Cheating Website Ashley Madison

by Butler Snow LLP on

Ashley Madison, a dating website specifically geared towards married individuals looking to have an affair, recently found out it was the victim of cyber hackers who claim to have stolen personal information, including names...more

No Prescription For Consumer Protection

by Reed Smith on

Allowing plaintiffs to pursue claims under consumer protection statutes in prescription medical product liability litigation is trying to pound a square peg into a ham sandwich. It doesn’t fit, and the combination isn’t very...more

PIPEDA Amendments In-Force

by Dentons on

Amendments to Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) are frequently proposed but just as frequently die on the order paper. Bill S-4, which proposed the most significant amendments to...more

Nevada Expands PI Definition under Data Breach Law

by Davis Wright Tremaine LLP on

Becomes the fifth state to amend its data breach statute since January 2015 The definition of “personal information” (“PI”) just got a little bit bigger in the Silver State. On May 13, Nevada Governor Brian Sandoval signed...more

House Passes the National Cybersecurity Protection Advancement Act

by Polsinelli on

Following Wednesday’s approval of the Protecting Cyber Networks Act (H.R.1560) (“PCNA”), the House of Representatives passed the National Cybersecurity Protection Advancement Act (H.R. 1731) (“NCPAA”) on Thursday, a move...more

Lessons Learned from the Anthem Cyber-Attack and Corresponding “HIPAA Actions”

by Benesch on

Anthem Inc. (“Anthem”), the nation's second-largest health insurer, disclosed on Wednesday, February 4, 2015, that it was the victim of a major cyber-attack. According to Anthem, the attack exposed personal information of...more

OCIE Cybersecurity Risk Alert: Keep Your Data Close and Your Third-Party Providers Closer

by Pepper Hamilton LLP on

On February 3, the Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) published a Risk Alert that summarizes the OCIE’s observations from its recent examinations of registered...more

Generic Drug Manufacturers to Face Failure-to-Warn Claims in California

by Morrison & Foerster LLP on

On January 20, 2015, the Supreme Court declined to hear an appeal involving failure-to-warn claims against generic pharmaceutical manufacturers. Teva Pharms. USA Inc. v. Super. Ct., No. 13-956, 2015 WL 231967 (U.S. Jan. 20,...more

So You Think You Have a Contract? Website Terms and Unconscionability

We have written previously regarding the pitfalls of online contract formation, including where website operators fail to implement website terms in a manner that requires users to expressly accept such terms. A recent...more

Outlook 2014: Untruthful posts to consumer review websites could result in lawsuits

by GableGotwals on

Q. Are customer comments posted on consumer review websites protected speech under the First Amendment or are individuals who post opinions potentially subjecting themselves to a libel lawsuit? A. While the First...more

Who Is at Fault When a Driverless Car Is in an Accident?

by JD Supra Perspectives on

One author's view on how to determine the answer that may surprise you....more

Advertising Law - Feb 28, 2014

9th Circuit Pulls the Shades Down on “Shine the Light” Lawsuit - The Ninth U.S. Circuit Court of Appeals recently rejected an appeal of a district court’s dismissal of a claim made under California’s “Shine the Light,”...more

Lance v. Wyeth: A New Cause of Action in Pennsylvania?

by Morrison & Foerster LLP on

Issuing an opinion over two years after oral argument, the Pennsylvania Supreme Court ruled last week in Lance v. Wyeth that pharmaceutical companies can be held liable for negligence in the design and marketing of drugs....more

Online Marketer That Allegedly Used Fake News Sites to Promote Products May Not Be Protected by CDA Immunity

by Holland & Knight LLP on

Section 230 of the Communication Decency Act (CDA) promotes the free flow of information on the internet. The statute seeks to ensure that website operators and other interactive computer services are not hampered by lawsuits...more

Privacy Changes Coming to China

by Morrison & Foerster LLP on

Originally published in Privacy & Security Law on 03/18/2013. There is continued focus in China on privacy and data security issues. China still has no omnibus law, but it has promulgated some sector-specific...more

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Cybersecurity

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