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Patrick Malone & Associates P.C. | DC Injury...

Better Health Care Newsletter - October 2024

What consumers can do to reduce environmental health threats all around us - It’s a paradox of modern life: We want more and more stuff, and we want to get all of  it faster, cheaper, more conveniently. And yet, does our...more

The Volkov Law Group

DOJ Charges Visa with Monopolization and Exclusionary Conduct in the Debit Card Market

The Volkov Law Group on

The Justice Department’s Antitrust Division has been aggressively pursuing civil enforcement actions.  While criminal enforcement of antitrust laws has been depressed, DOJ has found success in pursuing civil and merger...more

Snell & Wilmer

Second Circuit Clarifies Showing Necessary to Satisfy New York’s Long-Arm Statute for Cases Involving Foreign, Internet-Based...

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The Second Circuit recently reversed a district court’s dismissal for lack of personal jurisdiction in American Girl, LLC’s (“American Girl”) Lanham Act lawsuit against Chinese e-commerce company Zembrka. The Second Circuit...more

Ballard Spahr LLP

Judge refuses to dismiss most reverse discrimination counts in case against Colony Ridge

Ballard Spahr LLP on

Saying that reverse redlining is a form of discrimination, the U.S. District Court for the Southern District of Texas has refused to dismiss a discrimination case alleging that Texas developer Colony Ridge specifically...more

Foley & Lardner LLP

GLP-1 Drugs: FDA Removes Lilly’s Zepbound® and Mounjaro® (tirzepatide injection) from its Drug Shortage List

Foley & Lardner LLP on

On October 2, 2024, the U.S. Food and Drug Administration (FDA) determined the shortage of the tirzepatide injection, a glucagon-like peptide 1 (GLP-1) medication, has been “resolved”. The tirzepatide injection had appeared...more

Davis Wright Tremaine LLP

California Governor Signs Three Bills Amending CCPA Provisions on Sensitive Information and Opt-Out Preferences in the Context of...

During the final days of the California legislative session, which ended on August 31, 2024, the California legislature passed several privacy bills, described below, that would amend the California Consumer Privacy Act...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Lead-Based Paint Rule Enforcement: United States and New York City Builder/Developer Enter into Consent Decree

The United States Department of Justice (“USDOJ”) on behalf of the United States and Legacy Builders/Developers Corp. (“Legacy”) entered into an August 23rd Consent Decree (“CD”) addressing alleged violations of the Lead...more

Wilson Sonsini Goodrich & Rosati

Maryland Age-Appropriate Design Code Effective October 1, 2024

On October 1, 2024, the Maryland Age-Appropriate Design Code (Maryland AADC) became effective. The Maryland AADC introduces onerous new compliance requirements on companies that are reasonably likely to be accessed by minors...more

Nelson Mullins Riley & Scarborough LLP

When Did You Last Review Your Consumer Contracts?

A CFPB Circular from June bears additional scrutiny from across the financial services spectrum. Despite most courts allowing “savings” clauses in contracts, the Consumer Financial Protection Bureau (CFPB) indicates that the...more

Robinson+Cole Data Privacy + Security Insider

Effective October 1st: Montana’s New Consumer Data Protections Law

On Tuesday this week, Montana’s new consumer protections law took effect, joining many other states with similar consumer privacy rights legislation....more

Robinson+Cole Data Privacy + Security Insider

CPPA’s Cooperation with International Data Protection Authorities

Across Europe and other countries, there are numerous data protection authorities with differing goals and enforcement powers. Until 2020, when the California Privacy Rights Act (which amended the California Consumer Privacy...more

Sheppard Mullin Richter & Hampton LLP

California Enacts Law Prohibiting State Banks and Credit Unions from Charging NSF Fees

On September 24, the Governor of California signed AB 2017 (the “Act”) into law. The Act prohibits state-chartered banks and credit unions from charging consumers non-sufficient fund fees (“NSF fees”) when they initiate...more

Bradley Arant Boult Cummings LLP

Senate Proposal Would Closely Regulate, Not Ban Most Hemp Products

During this time of great tension and competition between the marijuana and hemp industries, it is refreshing to see efforts at compromise. The initial draft of the Cannabinoid Safety and Regulation Act, proposed last week by...more

Sheppard Mullin Richter & Hampton LLP

DFPI Cracks Down on Illegal Student Loan Debt Relief Practices

On September 30, a credit repair service provider and its owner were ordered to pay $31 million in consumer redress, and a $19 million civil money penalty, when a Massachusetts federal court granted summary judgment for the...more

Sheppard Mullin Richter & Hampton LLP

Credit Repair Company Fined $50M for Misleading Consumers

On September 30, a credit repair service provider and its owner were ordered to pay $31 million in consumer redress, and a $19 million civil money penalty, when a Massachusetts federal court granted summary judgment for the...more

Perkins Coie

AB 2013: New California AI Law Mandates Disclosure of GenAI Training Data

Perkins Coie on

In the last 30 days, California Governor Gavin Newsom signed 17 artificial intelligence (AI) bills and vetoed AI safety bill SB 1047. One of the AI-related bills signed into law, AB 2013 “Generative Artificial Intelligence:...more

Sheppard Mullin Richter & Hampton LLP

CFPB Issues Guidelines for Medical Debt Collection

On October 1, the CFPB issued an advisory opinion highlighting that debt collectors engaging in certain practices with respect to the collection of medical debts are strictly liable under the FDCPA and Regulation F....more

Perkins Coie

Implications of California Governor Newsom’s Veto of AI Safety Bill SB 1047

Perkins Coie on

Governor Gavin Newsom has vetoed SB 1047, the Safe and Secure Innovation for Frontier Artificial Intelligence Models Act, marking a significant development in California’s approach to AI regulation. Both the tech industry and...more

Kelley Drye & Warren LLP

Texas AG Sues TikTok in First Lawsuit Brought Under SCOPE Act

Earlier this week, we described Texas’s new youth privacy law, the Securing Children Online Through Parental Empowerment (SCOPE) Act, and previewed that the Texas Attorney General is likely to use it to target social media...more

Hogan Lovells

Retail and fashion team joins industry leaders at Vogue Business Fashion Futures event in New York City

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Partner Meryl Bernstein, senior associate Rachel Shelbourne, and associate MK Barker attended Vogue Business Fashion Futures in New York City on September 26, 2024, where experienced retail executives, fashion start-up...more

Troutman Pepper

Fourth Circuit Affirms Denial of Motion to Compel Arbitration Finding Duty to Read a Contract Does Not Encompass Scrolling Through...

Troutman Pepper on

The U.S. Court of Appeals for the Fourth Circuit recently affirmed a district court’s decision denying a defendant’s motion to compel arbitration, underscoring the importance of clear and conspicuous notice in online...more

Orrick, Herrington & Sutcliffe LLP

FDIC releases seven enforcement actions for August 2024

On September 27, the FDIC released a list of eight administrative enforcement actions, like cease and desist orders or stipulated orders, taken against banks and individuals in August. The public orders comprised of seven...more

Seyfarth Shaw LLP

Pennsylvania Plaintiff Drops Challenge to FTC Non-Compete Rule

Seyfarth Shaw LLP on

On October 4, 2024, Plaintiff ATS Tree Services, LLC (“ATS”) voluntarily dismissed its claims against the FTC challenging the agency’s Non-Compete Rule. See ATS Tree Services, LLC v. Fed. Trade Comm’n, et al., No....more

DLA Piper

California Adds Teeth to PFAS Laws Covering Juvenile Products, Textiles, and Food Packaging

DLA Piper on

On September 29, 2024, California Governor Gavin Newsom signed into law AB 347, adding comprehensive registration, certification, and enforcement provisions to California’s existing and forthcoming restrictions on the use of...more

Orrick, Herrington & Sutcliffe LLP

Banks each pay $1M to FDIC for unspecified rewards program issue

Recently, the FDIC ordered two affiliated state nonmember banks to each pay a $1,000,000 civil monetary penalty (orders here and here). These penalties resolve claims of unfair practices related to their rewards programs and...more

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