Kent Schmidt

Kent Schmidt

Dorsey & Whitney LLP

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A Constitutional Challenge to a Different Kind of Gun Control Legislation

A lawsuit was filed earlier this week which challenges the constitutionality of Cal. Penal Code § 26820, a California statute aimed at regulating the sale of guns. Tracy Rifle & Pistol LLC v. Harris (E.D. Cal. filed Nov. 10,...more

11/13/2014 - First Amendment Gun Laws Second Amendment

Of Football and Business Litigation: Tweaking the Rules for a More Satisfying Contest

It’s a great time of the year, in large part because one of my favorite pastimes is watching football, usually with my teenage son, an avid fan as well as a high school football player. A few weeks ago, when a game was...more

11/11/2014 - Business Court Division Football Judicial Proceedings

A Quick Summary of New Changes to California Law

Our friends at Legsilative Intent Service (a great resource for digging deep into the history of California legislation) have recently published their list of changes to California law coming in 2015. These legislative...more

11/4/2014 - Aerospace Coupons Informed Consent Labeling New Legislation Pending Legislation Wine & Alcohol

The Only Surprise Is That It Took This Long...The First Ebola Class Action Has Been Filed

I am always amused by the manner in which class action lawyers attempt to capitalize on current events and public fears in bringing a “cutting edge” lawsuit that will garner a great amount of media attention. Although the...more

11/4/2014 - Class Action Ebola Hospitals Physicians Workplace Safety

Overstock Under Scrutiny: Does This Recent Decision Represent a New Wave of California Litigation for Sellers of Consumer Products...

It is not often that a decision from a California trial court receives or deserves as much attention as the recent tentative decision issued by Alameda County Superior Court Judge Wynne Carvill in the State’s case against...more

2/11/2014 - Caveat Emptor Disclaimers Discount Retailers Overstock.com Price Match Guarantees Pricing Requirements Purchase Price Reasonable Reliance Claims Retailers UCC Unfair or Deceptive Trade Practices

Observations from the NERA Report on Class Action Trends

Many in the legal and securities compliance industries are discussing the NERA Economic Consulting report, Recent Trends In Securities Class Action Litigation: 2013 Full-Year Review. The Wall Street Journal provides a good...more

1/28/2014 - Class Action NERA PSLRA Securities Litigation

Do You Collect Californian’s Personally Identifiable Information (PII) on Your Website?

Effective January 1, companies in California and around the world must be aware of new liabilities that relate to online privacy protections including practices relating to storing personally identfiable information. If your...more

1/7/2014 - CalOPPA Personally Identifiable Information Websites

New Study on Social Media, Its Risks and Rewards

My partner, Melissa Krasnow, contributed to the new white paper on social media published by our friends at Grant Thornton. Melissa has established herself as a leading expert in the field of data privacy and I’ve previously...more

9/26/2013 - Marketing NLRB Social Media Social Media Policy

The Overlooked Characteristic of the Most Effective Business Litigators

When lawyers and laypersons alike think about the qualities of outstanding litigators, certain words and images invariably spring to mind: passionate and zealous oral advocacy; a meticulous and thoughtful strategist; or...more

9/25/2013 - Attorney's Fees Business Litigation Case Management Settlement

Liabilities Arising From Contract Negotiations

Yesterday evening, I had the pleasure of moderating a panel comprised of two distinguished in-house counsel, Zachary Zahrek and Teigue Thomas, discussing liabilities and litigation risks that arise from contractual...more

8/7/2013 - Contract Formation Contract Negotiations Corporate Counsel Corporate Liability Parol Evidence

California Legislation Introduced to Ban Plastic Shopping Bags

It is often said–and accurately so–that what begins in California frequently spreads to other states, whether cuisine, fashion or legal trends. But to understand how the seeds of legal change are germinated even before...more

2/22/2013 - Plastic Bag Bans Proposed Legislation

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