In response to today’s challenging market conditions, commercial real estate owners are finding themselves forced to deploy innovative solutions to maintain asset viability. Factors such as tighter credit limits, depreciating asset valuations, and fluctuating consumer demand are contributing to a landscape where traditional methods and strategies are insufficient for continuing business as usual. Such variables…
As Supreme Court Justice Louis Brandeis once famously exclaimed, “sunlight is said to be the best of disinfectants”. This belief is backed by publications like the Atlanta Journal-Constitution and the Rome News-Tribune. However, certain PFAS defendants are pushing to keep their settlement details with Rome, Georgia under wraps. Despite the Georgia Open Records Act generally…
Caesars Entertainment, Inc., one of the world’s largest gaming companies, recently revealed a data breach affecting its IT network. On October 6, 2023, Caesars filed a notice with the Attorney General of Maine, disclosing that unauthorized access had been gained to its IT network as a result of a cyberattack targeting one of its vendor…
Increasingly, airlines are facing the issue of greenwashing, a trend that has become particularly prominent in the airline industry. This has come to the forefront with the recent developments in a case involving KLM Royal Dutch Airlines. On September 27, 2023, KLM Royal Dutch Airlines, as was reported by JD Supra, filed a request with…
In an era of rapidly evolving technology, we see an intriguing development in the Consumer & Retail Industry: the convergence of digital and physical assets, or as it is increasingly being termed, the ‘phygital’ approach. The Consumer & Retail Industry has been instrumental in discerning the potential of Web 3 concepts like Non-fungible tokens (NFTs)…
On September 27, 2023, Colorado’s Division of Insurance presented a new proposal aiming to impose stringent regulations on data testing for life insurance. This draft proposal is labeled “Concerning Quantitative Testing of External Consumer Data and Information Sources, Algorithms, and Predictive Models Used for Life Insurance Underwriting for Unfairly Discriminatory Outcomes,” also known as the…
On October 8, 2023, California Governor Gavin Newsom signed Assembly Bill (AB) 947 into law. Set to take effect as of January 1, 2024, this new law significantly broadens the California Consumer Privacy Act (CCPA)’s definition of “sensitive personal information.” Specifically, the revised language of the act will now include personal information revealing an individual’s…
In an effort to regulate the cryptoasset market, the United Kingdom’s Financial Conduct Authority (FCA) is strongly urging social media platforms, search engines, and applications to review and verify any warnings from non-authorised cryptoasset businesses. This move comes following the FCA’s ‘final warning’ issued last month, reminding businesses promoting cryptoassets to UK consumers of the…
John Hawk returns to his legal roots as he rejoined Womble Bond Dickinson as a partner in the business litigation group in Denver, Colorado. The firm confirmed his return in a recent announcement. A seasoned practitioner, Hawk brings with him specialized experience in consumer finance and insurance litigation. He is no stranger to defensive roles,…
This October, in honor of Cybersecurity Awareness Month, attention turns toward Indiana, the Hoosier State, which joined a growing list of American states in passing comprehensive consumer privacy laws this year. As professionals in the legal sphere and large enterprises, this wave of cybersecurity and data privacy legislation is vital to your operations. According to…
The exponential growth and proliferation of entrants in the digital health industry over the course of the Covid-19 pandemic have naturally opened the door for consolidation and roll-ups, according to insights from a recent panel discussion at Engage at HLTH in Las Vegas. Anuradkhika A., Systems Vice President of Strategic Partnerships and Innovation at CommonSpirit…
The United States Supreme Court recently declined to review the Food and Drug Administration’s (FDA) decision to reject an application by Avail Vapor to market flavored electronic cigarettes. This move by the Supreme Court anchors the FDA’s contested win, which Avail Vapor claimed came from last-minute changes to the application process for new tobacco products….
In recent times, growing concerns about the health risks associated with chemical hair straighteners have fueled a search for safer alternatives. The primary issue is the increased risk of developing uterine cancer, which is reported to more than double among users of these products according to the findings reported by Searcy Denney Scarola Barnhart &…
In a recent notable decision, the New Mexico Supreme Court clarified the regulations around uninsured/underinsured (UM/UIM) motorist coverage, specifically focusing on the information an insurer ought to provide for a consumer to make an informed decision on coverage amounts. The case, Ullman v. Safeway Insurance, required the court to delve into the question of what…
Recently, the Securities and Exchange Commission (SEC) charged Newell Brands and its ex-CEO for providing allegedly misleading disclosure regarding a prominently featured non-GAAP financial measure, termed “core sales”. According to the details laid out in the SEC’s order and press release, Newell, a significant player in the market for consumer goods, portrayed the financial measure,…
In the ever-evolving sector of Food & Beverage, keeping pace with the latest litigation and regulatory updates is critical for legal professionals. October 2023 has introduced a significant change under the aegis of the U.S. Food and Drug Administration (FDA). The FDA has unveiled its updated draft guidance aimed at assisting food manufacturers in aligning…
On September 28, seasoned Senator Elizabeth Warren delivered a keynote speech at the Center for American Progress, casting light on the journey and current status of the Consumer Financial Protection Bureau (CFPB). Her speech manifested as a noteworthy defense against the political backlash the agency has faced in recent times, showcasing her trademark nature of…
The Consumer Financial Protection Bureau (CFPB) has expressed its concern and detailed its actions regarding medical debt collection. Seth Frotman, the CFPB’s General Counsel and a senior advisor to Director Chopra, made these remarks at the New Jersey Citizen Action Education Fund’s Financial Justice Summit on October 4th. The remarks highlighted the work and mission…
On October 3, 2023, the Quebec National Assembly passed Bill No. 29, legislation aimed at protecting consumers against planned obsolescence and promoting the durability, repairability, and maintenance of goods. This law introduces significant changes to Quebec’s Consumer Protection Act. As reported, the bill was tabled on June 1, 2023, and managed to navigate the various…
In an interesting development in the world of food advertising, a federal court in New York has dismissed a proposed class action case against two iconic fast food chains, McDonald’s and Wendy’s. The lawsuit alleged that both companies misrepresented the size of their burger toppings and patties in their advertisements, compared to what consumers actually…
The Federal Deposit Insurance Corporation (FDIC) has released a list of administrative enforcement actions levied against banks and individuals throughout August as reported by Orrick, Herrington & Sutcliffe LLP via JDSupra. This public record comprises nine orders, detailed to include three consent orders, three orders terminating consent orders, two orders of prohibition, and one order…
In an interesting development for legal professionals working with consumer credit, the Consumer Financial Protection Bureau (CFPB) issued a circular on September 19, 2023. The circular centers on the CFPB’s concerns about the methodologies used by creditors in reviewing a consumer’s credit application. The bone of contention being use of artificial intelligence and complex credit…
The Environmental Protection Agency (EPA) has brought about a significant update to the Toxic Substances Control Act (TSCA), establishing new reporting rules for per- and polyfluoroalkyl substances (PFAS), colloquially referred to as “forever chemicals”. This marks the EPA’s most expansive regulation concerning PFAS so far. Under the new rules, entities engaged in the manufacturing or…
In a recent development in the legal sector, it appears that Section 8 of the Real Estate Settlement Procedures Act (RESPA) has once again become a focal point for the Consumer Financial Protection Bureau (CFPB). Following a period of relative quiet, the Bureau has again directed its attention towards the enforcement of RESPA. On August…
In a crucial move towards reinforcing the privacy of student data, Minnesota Gov. Tim Walz (D) gave his assent to the Student Data Privacy Act (the “Act”), designated as H.F. No. 2353, on May 22, 2022. This newly minted law amends the existing regulations stipulated under Minnesota’s Government Data Practices Act. The Act was set…