AI’s Dual Role in Competition Collective Actions
Greg Casas, Daniel Cowley, Matt Evans, Sean Fulton, Gareth Stokes & Danny Tobey, DLA Piper/JD Supra
Partners worldwide examined how artificial intelligence (AI) is reshaping competition class actions and collective litigation on both sides of the Atlantic.
Broadly, there are two key related themes developing for in-house counsel to consider: how AI is being used by claimants and defendants in collective proceedings, and how the increasing adoption of algorithmic and agentic pricing tools is giving rise to a new wave of competition collective actions…
Read moreWashington Narrows Pixel Tracking Claims, But Privacy Risks Remain
David Oberly, Baker Donaldson
The plaintiffs’ class action bar has spent years pressing state wiretap statutes into service against website tracking pixels, with California’s Invasion of Privacy Act (CIPA) carrying most of the load and other all-party consent states drawing attention as copycat vehicles.
The Washington Supreme Court recently closed one of those doors. In Baker v. Seattle Children’s Hospital, the court held that the Washington Privacy Act’s (WPA) wiretapping prohibition does not reach a hospital’s use of the Meta Pixel on its public website, because the statute protects only private communications “between two or more individuals” and a visitor’s clicks and searches that trigger an automated server response involve only one.
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Supreme Court Takes Goldman Sachs Case with Credit Union Implications
Michael Ogden, Credit Union Times
The SCOTUS agreed Friday to hear a Goldman Sachs Bank USA case that could affect how credit unions and other financial institutions defend themselves against lawsuits alleging improper debt collection during bankruptcy proceedings.
In its Nov. 6 order, the Court granted review in Goldman Sachs Bank USA v. Brown, a dispute over whether consumer arbitration agreements can be enforced when borrowers seek damages for alleged violations of the Bankruptcy Code’s automatic stay…
Read moreOCC Renews Request to Pause Multistate Challenge to Its Interest-on-Escrow Preemption Determination
Alan S. Kaplinsky, Ballard Spahr LLP/Consumer Finance Monitor/National Law Review
On Nov. 6, the OCC has filed a reply brief renewing its request to stay most proceedings in the multistate lawsuit challenging the OCC’s determination that the National Bank Act (NBA) preempts certain state laws requiring interest to be paid on mortgage escrow accounts.
The OCC argues that three pending proceedings before the U.S. Supreme Court could materially affect the legal issues presented in the litigation and that proceeding with the merits now would risk unnecessary expenditures of judicial and agency resources…
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