The FDA is ramping up its regulation of indoor tanning because of melanoma risks and risks to minors

Read about it here. For more information, click on this link to an ABC news report or on the embedded video below. Under the new FDA regs, tanning beds must have a black-box warning about cancer risks and saying that minors should not use them. (A black-box warning is the most serious FDA warning, usually […]

Nevada Trial Judge Limits Default Judgment Against Host of Critical Comments – Was the Relief Awarded Still Too Much?

by Paul Alan Levy In an intriguing ruling last week granting relief by consequence of a default judgment, a federal judge in Nevada engaged in a fair amount of sua sponte analysis in paring down the relief sought against the operator of a web site that hosts reviews of colleges and universities.  The opinion included […]

Can recent Federal Arbitration Act jurisprudence help the union movement?

That's the question asked by law professor Ann Hodges in Trilogy Redux: Using Arbitration to Rebuild the Labor Movement. Here is the abstract: The Supreme Court is in the midst of a revolution in arbitration jurisprudence comparable to that reflected in the Steelworkers Trilogy in 1960. While the Trilogy was hailed as a major accomplishment […]

FTC Raises Concerns About Data Brokers and Consumer Privacy

The Federal Trade Commission yesterday issued a report on the “fundamental lack of transparency” in the data broker industry. The FTC’s press release provides a good summary: The report, “Data Brokers: A Call for Transparency and Accountability” is the result of a study of nine data brokers, representing a cross-section of the industry, undertaken by […]

An additional tidbit on tribal sovereign immunity and payday lending

Scott noted earlier today that the California Supreme Court will hear a case posing the following question: Is a payday lender that is formally owned by a Native American tribe but run by a third-party who keeps most of the proceeds protected by tribal sovereign immunity? So, the U.S. Supreme Court just this morning issued […]

California Supreme Court to review “rent-a-tribe” arrangement for payday lenders

Last week the California Supreme Court granted review in People v. Miami Nation Enterprises, which presents the issue of when a payday lending operation that is formally owned by a Native American tribe but run by a third-party who keeps most of the proceeds is protected by tribal sovereign immunity. The practice of payday lenders […]

DC Circuit Vacates Decision Allowing Serial Mass Copyright Litigant Access to Users’ Identifying Information

by Paul Alan Levy In an opinion issued this morning, the D.C. Circuit unanimously reversed a trial court ruling that compelled several ISP's to provide identifying information for more than a thousand anonymous users who were sued a maker of pornographic movies for allegedly using the BitTorrent protocol to provide access to copies of an […]

Assessing the Card Act five years after enactment

Remember the Credit Card Accountability Responsibility and Disclosure Act of 2009 (better known as the CARD Act)? The CARD Act made it more difficult for credit card companies to retroactively increase rates on existing balances or to impose large late fees, and it drastically curbed overlimit fees. The Act also sought to force credit card […]