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Read Consumer Protection updates, news, and legal commentary from leading lawyers and law firms:
Cadwalader, Wickersham & Taft LLP

FTC Appeals Recent Losses in Non-Compete Rule Litigation, and Another Litigant Drops Its Challenge

We reported last month that the district court in the northern district of Texas had “set aside” the Federal Trade Commission’s recently finalized rule prohibiting employers from entering into, and enforcing, non-compete...more

Troutman Pepper

In Rem Jurisdiction Matters: Fifth Circuit Clarifies Jurisdictional Requirements Over Attached Funds at Riyad Bank

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On October 18, the U.S. Court of Appeals for the Fifth Circuit affirmed a district court’s vacatur of a maritime attachment order, providing a detailed analysis of the requirements for personal and in rem jurisdiction over...more

Robinson+Cole Data Privacy + Security Insider

Honeywell Asserts Barcode-Scanning Patents Against Scandit AG

Swiss company Scandit AG created an application called ShelfView, which enables retailers to verify the prices of various products and ensure that associated promotions are correctly updated. The application utilizes barcode...more

Ballard Spahr LLP

California Finalizes Registration Requirements for Providers of Earned Wage Access, Other Financial Products and Services

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On October 11, California’s Office of Administrative Law (“OAL”) approved the Department of Financial Protection and Innovation’s (“DFPI’s”) registration rulemaking for providers of the following products...more

Carlton Fields

California Privacy Protection Agency Announces Delete Act Enforcement Sweep

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Keeping the season spooky for data brokers, the enforcement division of the California Privacy Protection Agency announced on October 30, 2024, that it is conducting a public investigative sweep of data broker registration...more

Robinson+Cole Data Privacy + Security Insider

Scary Halloween News: Jumpy Pisces Using Play Ransomware to Attack Organizations

Unit 42 recently reported that it has identified “Jumpy Pisces, a North Korean state-sponsored threat group associated with the Reconnaissance General Bureau of the Korean People’s Army, as a key player in a recent ransomware...more

A&O Shearman

Financial Stability Board Report on Lessons from March 2023 Banking Turmoil

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The Financial Stability Board has published a report on depositor behaviour and interest rate and liquidity risks in the financial system. The report draws on lessons from the March 2023 banking turmoil which saw the collapse...more

Seyfarth Shaw LLP

Café con Cannabis – California’s Cannabis Café Law and Trademark Considerations

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Recent legislative changes in California have opened up exciting opportunities for cannabis lounges and retailers. With a new law allowing on-premise consumption areas, the sale of food and drinks, and the hosting of live...more

McDermott Will & Emery

Antitrust M&A Snapshot - Q3 2024

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The US antitrust regulators continued to aggressively challenge transactions and associated Hart-Scott-Rodino (HSR) violations during the third quarter of 2024. The Federal Trade Commission (FTC) litigated two merger...more

Gardner Law

Responding to Letters from FDA

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There are several forms of communications FDA may send to signify an issue. FDA may send a company a notice of a violation in the form of a Warning Letter, an Untitled Letter, or an “It Has Come to Our Attention” Letter. Any...more

Perkins Coie

Q3 2024: Food & CPG Legal Trends

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We are pleased to share our Q3 Food & Consumer Packaged Goods (CPG) Legal Trends report. This report is a bite-size version of our annual year in review, providing timely insights on legal trends in the space. In Q4 of...more

Fox Rothschild LLP

Web Scraping: 16 Data Protection Authorities Say Controllers Need to Protect Their Properties

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Sixteen data protection authorities recently confirmed that controllers must protect their properties from web scraping. And that includes web scraping for the purpose of training AI....more

Troutman Pepper

New Jersey Attorney General Releases Report on Republic First Bank’s Unlawful Redlining Practices

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On October 29, New Jersey Attorney General Matthew Platkin and the state’s Division on Civil Rights (DCR) released a report detailing the findings of a multi-year investigation into Republic First Bank (Republic) and its...more

Cooley LLP

CFPB Finalizes Section 1033 Rule on Personal Financial Data Rights

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On October 22, 2024, the Consumer Financial Protection Bureau (CFPB) released its long-awaited final rule implementing Section 1033 of the Consumer Financial Protection Act (CFPA) concerning personal financial data rights....more

Parker Poe Adams & Bernstein LLP

Consumer Financial Protection Bureau Expresses Concerns About Use of Worker Profiling Data

Most consumers are aware that their personal data is collected, compiled, analyzed, and sold to third parties for marketing and other purposes. Many employees may not know of similar data collection practices relating to...more

Kilpatrick

E.D.N.Y. deals blow to plaintiffs’ claims – including mislabeling, false advertising and RICO claims – in multidistrict litigation...

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Takeaway: When it comes to mislabeling and related claims, and especially when human safety is not implicated, express preemption under the federal Food, Drug and Cosmetic Act (FDCA) remains a powerful tool in the hands of...more

Best Best & Krieger LLP

FCC Launches Inquiry on Strengthening Consumer Protections in the Communications Industry While CPUC Continues its Own...

On October 23, 2024, the Federal Communications Commission (FCC) adopted a Notice of Inquiry (NOI) to gather information on the quality of customer service provided by cable, broadband, satellite TV, and voice service...more

Hudson Cook, LLP

When Is a Sale Final? Not Always as Early as You'd Like It to Be

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One of the first things I learned in my first-year contracts class in law school was the Uniform Commercial Code. Specifically, the class covered Article 2 of the UCC, which governs sales of goods, including motor vehicles. ...more

Hudson Cook, LLP

Pay Now or Pay Later, But Paying Later May Cost a Whole Lot More

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The Consumer Financial Protection Bureau has long required that an institution within the scope of its supervision or enforcement authority, including both depository institutions like banks and non-depository consumer...more

Kaufman & Canoles

Be Warned: Defendant’s Motion to Dismiss Overdraft Fee Claims Denied

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Claims of unfair overdraft fees continue although it seems the media has taken a break from talking about them. A recent federal case in Virginia ruled in favor of all the Plaintiff’s counts and denied the Defendant’s Motion...more

Wilson Sonsini Goodrich & Rosati

New EU Cybersecurity Obligations for Connected Devices: What You Need to Know

On October 10, 2024, the European Union officially adopted the Cyber Resilience Act (CRA), which introduces cybersecurity obligations for internet-connected hardware and software products offered in the EU (such as...more

Vorys, Sater, Seymour and Pease LLP

Just Say No!  HIPAA and Requests for Reproductive Health Information

On April 22, 2024, the Office of Civil Rights issued a Final Rule titled HIPAA Privacy Rule to Support Reproductive Health Care Privacy (2024 Final Privacy Rule). Originally Published by the American Bar Association....more

Ropes & Gray LLP

SEC Announces Settlements with Four Issuers regarding Cybersecurity Disclosures

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On October 22, 2024, the Securities and Exchange Commission (“SEC”) filed settled enforcement orders involving four current and former public companies – Unisys Corp., Avaya Holdings Corp., Check Point Software Ltd, and...more

Husch Blackwell LLP

NYDFS Issues Guidance to Mitigate AI Cybersecurity Risks

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Keypoint: The New York Department of Financial Services (NYDFS) circulated an industry letter offering guidance to NYDFS “Covered Entities” for assessing and managing AI-related cybersecurity risks, including threats...more

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: Summer Surge Foreshadows Enforcement Intrigue

Despite the summer doldrums, cartel enforcers around the world had several notable enforcement actions and, perhaps more importantly, signaled a busy fall and winter. In the United States, the Department of Justice’s...more

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