Category Archives: Uncategorized

Let’s get real about Munger Tolles’s mandatory arbitration controversy. Or, put differently, will we see Munger Tolles partners lobbying for passage of the Arbitration Fairness Act?

As you may know, the Munger Tolles law firm has backtracked on its effort to force summer associates to sign mandatory, pre-dispute arbitration agreements with the firm. Given the "me too" movement, the firm certainly had a PR problem on its hands. As this article by Meghan Tribe explains: Munger, Tolles & Olson reacted swiftly Sunday afternoon after news of […]

Op-ed by corporate attorneys explains importance of accountability through the civil justice system

In today's New York Times, two lawyers from the large corporate law firm Paul, Weiss, Rifkind, Wharton & Garrison argue for repeal of the law that immunizes gun manufacturers from liability and explain the importance of law allowing individuals to hold industry accountable for wrongdoing. A nice piece, available here.

FTC and CFPB issue annual report on activities to combat illegal debt collection

Today, the Federal Trade Commission and Consumer Financial Protection Bureau issued a joint report on their 2017 activities to combat illegal debt collection practices. The annual report to Congress on the administration of the Fair Debt Collection Practices Act details the agencies’ efforts to stop unlawful debt collection practices, including vigorous law enforcement, education and […]

Sales that don’t offer genuine discounts

Kevin Brasler of Washington Consumer Checkbook has an interesting column in last week’s Washington Post detailing the findings of a study of consistently deceptive advertising of ”big ticket items” that are supposedly on sale, even though the supposed regular price was never applicable during the ten month period of the study. The complete study is […]

Supreme Court says class actions under Securities Act of 1933 are for state courts

The result today in Cyan v. Beaver County Employees Retirement Fund is interesting, particularly given the legislative trend to provide forum choice to defendants in aggregate litigation (which usually means federal court, because big companies generally prefer federal court). The issues and the Supreme Court's unanimous holding are crisply stated in the first paragraph of Justice Kagan's […]

David Lazarus: 56 years later, Kennedy’s call for a consumer bill of rights is forgotten under Trump

by Jeff Sovern Here in the LA Times.  Excerpt: [T]he current occupant of the Oval Office, President Trump, a wealthy businessman, is aggressively pursuing policies that undermine each of Kennedy's declared rights. * * * Kennedy proposed four basic consumer rights: The right to safety: "To be protected against the marketing of goods which are hazardous […]

DC Circuit Upends FCC’s Robo-Calling Ruling

In an opinion issued this morning, the U.S. Court of Appeals for the District of Columbia Circuit overturned key provisions of a Federal Communiciations Commission ruling addressing the scope of the Telephone Consumer Protection Act's prohibition on the use of automated dialing devices to make unconsented-to calls to cell phones. In what may prove the most […]