EXECUTIVE SUMMARY -
The Consumer Financial Protection Bureau (CFPB) has published a final rule amending Regulation B, the implementing regulation for the Equal Credit Opportunity Act (ECOA), in three significant respects...more
5/1/2026
/ Compliance Dates ,
Compliance Management Systems ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Laws ,
Disparate Impact ,
ECOA ,
Fair Lending ,
Final Rules ,
Lenders ,
Regulation B ,
Risk Management ,
Special Purpose Credit Programs ,
Statutory Interpretation
On February 17, 2026, the Honorable Jed S. Rakoff of the US District Court for the Southern District of New York issued a written decision with potentially far reaching implications for whether documents created using...more
3/3/2026
/ Artificial Intelligence ,
Attorney-Client Privilege ,
Client Services ,
Confidential Information ,
Discovery Disputes ,
Document Productions ,
e-Discovery ,
Innovative Technology ,
Legal Project Management ,
Legal Technology ,
Privileged Communication ,
Work-Product Doctrine
Much of the recent public and legal spotlight has been on per- and polyfluoroalkyl substances (PFAS), the so-called forever chemicals pervasive in consumer products and linked to health risks. But PFAS are not the only...more
The Antitrust Division of the Department of Justice recently announced on July 8 that for the first time, it is launching a program to offer payouts for tips related to violations of federal antitrust law. The DOJ is...more
7/22/2025
/ Antitrust Division ,
Antitrust Violations ,
Criminal Antitrust Anti-Retaliation Act of 2015 ,
Criminal Investigations ,
Department of Justice (DOJ) ,
Investigations ,
Penalties ,
Sherman Act ,
Statutory Authority ,
Whistleblower Awards ,
Whistleblowers
The Consumer Financial Protection Bureau recently signaled a retreat from its regulatory and enforcement posture by outlining its 2025 supervisory and enforcement priorities and rescinding 67 regulatory guidance documents. In...more
Stronger consumer protections demand compliance or face penalties -
Why should I read this?
Subscription contracts, common in digital markets, have faced criticism as many consumers forget to cancel their free trials and...more
Dow Jones & Company, Inc. and NYP Holdings, Inc. v. Perplexity AI, Inc. -
Plaintiffs Dow Jones and Company, Inc. and NYP Holdings, Inc., publishers of The Wall Street Journal and New York Post, (collectively, Plaintiffs),...more
11/20/2024
/ Artificial Intelligence ,
Commercial Litigation ,
Copyright ,
Copyright Infringement ,
Damages ,
False Designation of Origin ,
Intellectual Property Protection ,
IP Litigation ,
Machine Learning ,
Technology Sector ,
Trademarks
On October 16, 2024, the New York State Department of Financial Services (DFS) issued an industry letter providing guidance on how DFS-regulated entities (covered entities) should be evaluating and responding to artificial...more
10/30/2024
/ Artificial Intelligence ,
Covered Entities ,
Cyber Threats ,
Cybersecurity ,
Deep Fake ,
Industry Letters ,
New York ,
NYDFS ,
Popular ,
Regulatory Agenda ,
Regulatory Requirements ,
Reporting Requirements ,
Risk Management
The Federal Trade Commission’s (FTC) nationwide ban on post-employment noncompetition agreements is no more following a Northern District of Texas judge’s ruling imposing a nationwide permanent injunction. Although a long and...more
8/22/2024
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Lack of Authority ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Statutory Authority ,
Texas
Health insurer Humana was sued in a class action challenging the process by which it made claim determinations and alleging that it knowingly used a “highly inaccurate” artificial intelligence model, nH Predict, to improperly...more
Restrictive covenants have traversed a tumultuous road since the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking (NPRM) on January 5, 2023, purporting to ban noncompetition agreements throughout the...more
4/24/2024
/ Biden Administration ,
Employment Contract ,
Executive Orders ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
NLRB General Counsel ,
Non-Compete Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
NRLA ,
Restrictive Covenants ,
Unfair Competition
Plaintiff Jeremy Jong filed a putative class-action complaint against Blue Shield of California (Blue Shield), one of the largest medical insurance companies in the United States....more
Plaintiff zvelo is a Colorado-based organization that has developed a database of category-based website URLs that is incorporated into various network security and web filtering vendor offerings....more
3/18/2024
/ Artificial Intelligence ,
Breach of Contract ,
Defend Trade Secrets Act (DTSA) ,
Injunctive Relief ,
Intellectual Property Protection ,
IP License ,
Natural Language Processing ,
Proprietary Information ,
State Law Claims ,
Trade Secrets ,
Trademarks ,
Unjust Enrichment
Eversheds Sutherland presents periodic updates to inform companies entering or already established in the US market about newly enacted rules or trends that may be traps for the unwary. The purpose of these updates is to...more
In the United States, consumer-facing companies must comply with not just one set of laws but the laws of all 50 states. Eversheds Sutherland presents periodic consumer-related updates to inform companies entering or already...more
On November 27, a landmark PFAS decision by the Sixth Circuit effectively dismissed a statewide class action for lack of standing. This potentially sets the stage for a new era of PFAS litigation, where historically general...more
12/8/2023
/ Class Action ,
Class Certification ,
Dismissals ,
Firemen ,
Jurisdiction ,
PFAS ,
Pleading Standards ,
Remand ,
Standing ,
Toxic Chemicals ,
Toxic Exposure
Fashion retailers remain a top target of greenwashing lawsuits. Retailers are under scrutiny for their sustainability representations (discussed in our earlier legal alerts here) and are being targeted by class action...more
6/2/2023
/ Advertising ,
Class Action ,
False Advertising ,
Fashion Industry ,
Greenwashing ,
Marketing ,
Popular ,
Product Labels ,
Sustainability ,
Sustainable Business Practices ,
Unfair or Deceptive Trade Practices
PFAS litigation is on the rise. The catalyst is the rapidly developing patchwork of proposed municipal, state, and federal regulations seeking to find and hold accountable PFAS users. State attorneys general are taking an...more
5/15/2023
/ Contamination ,
Discharge of Pollutants ,
Enforcement Actions ,
Environmental Policies ,
Hazardous Substances ,
PFAS ,
Public Health ,
Regulatory Agencies ,
Regulatory Standards ,
State Attorneys General ,
Toxic Chemicals ,
Toxic Exposure
In March 2023, the Administration took another major step in its strategic roadmap to combat and hold PFAS users accountable for PFAS contamination by proposing new rules establishing the first-ever national drinking water...more
3/30/2023
/ Biden Administration ,
CERCLA ,
Compliance ,
Contamination ,
Drinking Water ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
PFAS ,
Public Health ,
Regulatory Reform ,
State and Local Government ,
Toxic Chemicals
Last week the US Supreme Court heard arguments regarding whether the interlocutory appeal of a denial of a motion to compel arbitration should also automatically stay proceedings in the trial court such as discovery. The...more
On February 22, 2023, the US Department of Justice issued a nationwide policy for all US Attorney’s Offices (USAOs) outlining the circumstances in which a company may receive credit for voluntary self-disclosure (VSD)....more
On January 17, 2023, Assistant Attorney General Kenneth A. Polite, Jr. (AAG Polite) announced changes to the Department of Justice’s (DOJ) FCPA Corporate Enforcement Policy (CEP). The CEP, which applies to all Criminal...more
1/25/2023
/ Compliance ,
Cooperation ,
Corporate Crimes ,
Corporate Misconduct ,
Criminal Prosecution ,
Declination ,
Department of Justice (DOJ) ,
Disgorgement ,
Enforcement Priorities ,
Forfeiture ,
Restitution ,
Voluntary Disclosure ,
White Collar Crimes
As consumer interest in climate change and sustainability continues to evolve, an increase in “greenwashing” claims directed towards fashion retailers has generated a series of headline-grabbing lawsuits. Over the last year,...more
1/24/2023
/ Advertising ,
Business Strategies ,
Class Action ,
False Advertising ,
Fashion Industry ,
Greenwashing ,
H&M ,
Marketing ,
Putative Class Actions ,
Sustainability ,
Trademarks
On January 5, 2023, the Federal Trade Commission (FTC) proposed a New Rule to ban noncompete clauses, which “hurt workers and harm competition.” The FTC’s proposed new rule builds upon President Biden’s Executive Order on...more
Recently, US companies are experiencing a surging wave of consumer class action lawsuits alleging businesses and their software providers are violating state anti-wiretapping statutes and invading consumers’ privacy rights...more