By any measure, the world has changed vastly since we issued our first Commercial Litigation Outlook in 2020. We are now on our fourth installment of providing insights and flagging trends for what to expect in the coming...more
2/16/2024
/ Arbitration ,
Artificial Intelligence ,
Banks ,
Class Action ,
Commercial Bankruptcy ,
Commercial Court ,
Commercial Litigation ,
Consumer Financial Protection Bureau (CFPB) ,
Copyright ,
Department of Justice (DOJ) ,
Environmental Social & Governance (ESG) ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
Intellectual Property Protection ,
Machine Learning ,
Merger Agreements ,
Patents ,
Trademarks
Welcome to the third annual installment of Seyfarth Shaw’s Commercial Litigation Outlook, where our nationally recognized team provides insights about litigation issues and trends to expect in 2023. The continuing global...more
Seyfarth Synopsis: For thirty years, the FTC has published non-binding guidance on how to avoid making “unfair” or “deceptive” environmental claims in its “Green Guides.” The FTC has announced it may make its first update to...more
The Federal Trade Commission (FTC) received dozens of submissions from dealer trade associations, other industry participants, and members of Congress opposing the FTC’s proposed rules for dealers in connection with the...more
The Federal Trade Commission (FTC) on August 23, 2022 announced that it has decided by a vote of 5-0 to decline requests to extend the public comment period for proposed rules for dealers in connection with the advertising...more
On June 23, 2022, the Federal Trade Commission (FTC) announced that it has initiated the process to adopt regulations for dealers in connection with the advertising and sale of new cars. The proposed rules target “[d]ealer...more
Businesses that re-open to the public could potentially find themselves facing premises liability claims from customers who allege that they contracted COVID-19 on the premises due to the business’s negligence....more
6/5/2020
/ Bodily Injury ,
Coronavirus/COVID-19 ,
Infectious Diseases ,
Insurance Claims ,
Liability ,
Negligence ,
Premises Liability ,
Property Owners ,
Re-Opening Guidelines ,
Retailers ,
Risk Mitigation
The concept of nuisance has been around for centuries, but in more recent years has been dusted off as a potential source of legal redress for large scale-public health problems like the opioid epidemic. ...more
As the country looks toward re-opening, there has, rightly, been significant attention paid to how businesses that interact with the public can minimize the chances of their employees contracting COVID-19. ...more
FDA recently issued two nutrition-labeling guidance documents intended to provide restaurants and food manufacturers flexibility during the public health emergency declared by the Department of Health and Human Services. ...more
4/15/2020
/ Delays ,
Fast-Food Industry ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Grocery Stores ,
Guidance Update ,
Marketing ,
Menu-Labeling ,
Nutrition Facts Labels ,
Public Comment ,
Restaurant Industry ,
Retail Market
The Seventh Circuit issued a decision recently that eliminates an enforcement tool long used by the Federal Trade Commission (“FTC”)—the ability to obtain equitable monetary relief from defendants when the FTC challenges...more
An Oregon federal jury reached a verdict in a Telephone Consumer Protection Act (“TCPA”) class action in April that exposes the defendant to a potential judgment in excess of $2.7 billion....more
The implementation date for the disclosure obligations triggered by the USDA’s final rule establishing a national standard for the disclosure of bioengineered ingredients in certain food products is January 1, 2020 for...more
5/7/2019
/ Agricultural Sector ,
Bioengineering ,
Deadlines ,
Disclosure Requirements ,
Exemptions ,
Final Rules ,
Food Labeling ,
Food Manufacturers ,
GMO ,
Regulatory Oversight ,
Regulatory Requirements ,
USDA
On May 3, 2018, the U.S. Department of Agriculture (“USDA”) released its much-anticipated proposed rule to establish a national standard for the disclosure of bioengineered ingredients in certain food products. ...more
6/7/2018
/ Advertising ,
Bioengineering ,
Disclosure Requirements ,
Food Labeling ,
Food Manufacturers ,
Genetically Engineered Seed ,
GMO ,
Proposed Rules ,
Regulatory Oversight ,
Regulatory Requirements ,
USDA
The U.S. Food and Drug Administration (“FDA”) announced in September that it is considering how to redefine the term “healthy” as a nutrient content claim for the labeling of human food products. The FDA issued a guidance...more