New Consumer Protection Litigation Trend Emerging: The Morning Minute
The news and analysis you need to start your day.
January 09, 2024 at 06:00 AM
4 minute read
Want to get this daily news briefing by email? Here's the sign-up.
WHAT WE'RE WATCHING
LATE NOTICE - There's no good time to receive a debt collection notice, but an emerging litigation trend suggests there is, in fact, a particularly bad time to find one in your inbox. As Law.com's Charles Toutant reports, debtors are increasingly filing suits claiming emailed collection notices sent at night are in violation of federal law. The brewing conflict could bring new opportunities for lawyers representing debtors, and new headaches for collection agencies. But guidance from the courts about whether such cases violate the Fair Debt Collection Practices Act appears to be lacking so far. Richard Perr, chair of the Consumer Financial Services Practice Group at Kaufman Dolowich in Philadelphia, said he expects to see such suits become more common as the collection industry abandons phone calls and postal mail in favor of less costly methods of contacting debtors.
BULLS ON PARADE - While overall M&A activity fell to its lowest point in a decade last year, the market has also shown signs of life, both at the end of 2023 and to kick off 2024. M&A activity rose by 23% in Q4, marking the strongest quarter for worldwide dealmaking since Q2 of 2022. And, as Law.com's Andrew Maloney and Dan Roe report, Big Law firms have announced a slew of corporate hires this week, including at Willkie Farr & Gallagher, Mayer Brown, Kramer Levin and Baker & Hostetler. Recruiters at Major, Lindsey & Africa are seeing upticks in demand for attorneys in every major practice, said partner and vice president Kirsten Keegan Vasquez, including a turnaround for M&A. "People are really gearing up to address more deal work. With money as expensive as it was and recession worries throughout 2023, deal work wasn't the priority, but firms are now gearing back up because they're anticipating an increase," she said.
ON THE RADAR - Biotech company Immunogen Inc., its directors and AbbVie Inc. were hit with a shareholder lawsuit Jan. 8 in Massachusetts Superior Court for Middlesex County over the sale of ImmunoGen. The court case, filed by Hutchings Barsamian Mandelcorn and the Brualdi Law Firm on behalf of shareholder Robert Garfield, objects to the transaction because the price was well below the intrinsic value of the company, and the process leading to the sale was influenced by the personal interests and motivations of the defendants and the company's financial advisors. Counsel have not yet appeared for the defendants. The case is 2481CV00033, Garfield, Robert vs. Arbuckle, Stuart et al. Stay up on the latest state and federal litigation, as well as the latest corporate deals, with Law.com Radar.
EDITOR'S PICKS
|
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllColgate Faces Class Actions Over ‘Deceptive Marketing’ of Children’s Toothpaste
CFPB Resolves Flurry of Enforcement Actions in Biden's Final Week
$15K Family Vacation Turned 'Colossal Nightmare': Lawsuit Filed Against Vail Ski Resorts
Law Firms Mentioned
Trending Stories
- 1Uber Files RICO Suit Against Plaintiff-Side Firms Alleging Fraudulent Injury Claims
- 2The Law Firm Disrupted: Scrutinizing the Elephant More Than the Mouse
- 3Inherent Diminished Value Damages Unavailable to 3rd-Party Claimants, Court Says
- 4Pa. Defense Firm Sued by Client Over Ex-Eagles Player's $43.5M Med Mal Win
- 5Losses Mount at Morris Manning, but Departing Ex-Chair Stays Bullish About His Old Firm's Future
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250