Consumer Protection

Related Professionals

Overview

The firm is very involved in a number of significant litigations especially in consumer products. - Chambers USA

Our Consumer Protection Practice Group is at the forefront of the ongoing expansion and evolution of consumer protection laws. Leading companies rely on our team to handle government investigations, litigation, and provide compliance advice relating to advertising substantiation, e-commerce disclosures and practices, distribution practices, earnings claims, payments practices, and numerous specific consumer protection laws and regulations such as the FTC Act, the Children’s Online Privacy and Protection Act (COPPA), the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) and the California Consumer Protection Act (CCPA).

We draw on the deep government service of many of our partners, including a former U.S. Attorney General and former U.S. Deputy Attorney General, a former White House Counsel and former Deputy White House Counsel, and multiple former senior DOJ, SEC and FTC officials.

Our trial-ready reputation gives us an edge in dealing with state and federal regulators and in litigation with private parties. Given our deep bench of leading national trial lawyers, we stand ready to defend our clients all the way to the courtroom instead of bowing to the settlement pressures presented by many consumer protection matters.

In Europe, the introduction of the General Data Protection Regulation (the “GDPR”) in May 2018 represented a “once in a lifetime” overhaul of data protection requirements across all EU Member States (and has significant extra-territorial reach outside the European Union). The significant fines for non-compliance with the GDPR, coupled with heightened public awareness around privacy matters, has elevated the importance of data protection issues in all forms of commercial transactions. We regularly provide advice to clients on the consumer-centric aspects of compliance with this regime across a range of industries.

Experience

Osdoby v. Handi-Foil Corp. (E.D.N.Y.)
Represented a prominent aluminum pan manufacturer in putative consumer class action challenging Handi-Foil’s “Made in the USA” labeling. Plaintiffs sought more than a half-billion dollars in class-wide damages, but after Kirkland deposed the plaintiff’s damages expert and moving to exclude him, the plaintiff voluntarily withdrew the expert. In the absence of any evidence of injury or damages, Handi-Foil moved for summary judgment, which the Court granted in a fulsome opinion.
Hewitt, et al. v. Capital One, N.A., et al. (N.D. Ill.)
Represented Inspira Financial Trust, LLC in lawsuit involving Inspira’s cash sweep program and its role as successor custodian for Capital One individual retirement accounts. The plaintiffs purported to represent a class of transferred accountholders whose individual retirement account funds were placed in Inspira’s cash sweep program unless they directed otherwise. Won motion to compel arbitration. As a result, Kirkland secured a favorable settlement for Inspira.
State of Texas v. LG Electronics USA Inc. (Tex. Dist. Ct.)
Defended LG Electronics and its subsidiary, LG Electronics U.S.A., Inc. (LGEUS), in litigation brought by the State of Texas alleging deceptive trade practices and data privacy violations related to LG TV products. After a hearing in Tarrant County, Texas, Kirkland defeated the state’s motion for temporary restraining order to stop the collection, processing and sale of data through LG Smart TVs. This is the first court in Texas to reject the state’s industry-wide challenge to long-standing data collection practices. Settlement achieved.
Eli Lilly v. Compounders (various)
Secured permanent injunctions in multiple litigations concerning violations of the Lanham Act and state prohibitions on deceptive trade practices. The cases involve the defendants’ use of Lilly’s MOUNJARO and ZEPBOUND trademarks to market and sell their own, non-FDA approved drugs, as well as promotion of the sale of those drugs by falsely representing them to prospective customers as having the same indicia of safety, effectiveness and quality as Lilly’s medicines. In particular, defeated motion to dismiss in which the court held that Lilly’s false advertising and trademark claims were not precluded or preempted by the Food, Drug & Cosmetic Act.
Data Privacy Consumer Class Actions (N.D. Cal.; S.D. Fla.)
Representing GoodRx, Inc. and its affiliate, GoodRx Holdings Inc., in data privacy putative class actions alleging violations of state consumer protection laws involving the use of pixels and software development kits. Preliminary global settlement achieved.
VanCleave, et al. v. Abbott Laboratories (Cal. Sup. Ct.)
Represented Abbott in putative class action challenging Abbott’s labeling statements on its PediaSure products. Kirkland defeated class certification and secured a full defense verdict after a four-week trial.
Home Partners Rental Agreement Practices Litigation (various)
Defending Home Partners of America (HPA) in several class actions around the country in which plaintiffs allege consumer fraud and similar claims arising from HPA’s rent-to-own contracts with tenants/purchasers.
In re Oral Phenylephrine Marketing and Sales Practices Litigation, MDL 3089 (E.D.N.Y.; 2d Cir.)
Representing Haleon US Holdings LLC in industry-wide multidistrict litigation asserting consumer fraud claims relating to sale of over-the-counter cold medicine that contains phenylephrine, a nasal decongestant. Kirkland led the joint defense effort with respect to the motion to dismiss briefing and argument, leading to the Court’s dismissal of all claims on preemption and standing grounds. Pending appeal.

Practices