Manufacturers of dietary supplements, food, beverages, and even medical devices can breathe a little easier following the Supreme Court’s denial of certiorari this week in a case seeking to overturn a First Circuit decision...more
4/18/2024
/ Denial of Certiorari ,
Dietary Supplements ,
False Advertising ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food & Drug Regulations ,
Food and Drug Administration (FDA) ,
Johnson & Johnson ,
Pharmaceutical Industry ,
Preemption ,
State Law Claims ,
Unfair or Deceptive Trade Practices
Last week, in our blog post entitled Reopening the Economy and Getting Back to Business: Business Owners’ Liability Risk When Dealing with Customers and Others, we talked about the various considerations and risk mitigation...more
While the “right” time to open the economy is hotly debated, many states have made the decision that it is time to get back to business. That means that businesses will be opening while there is still a continuing risk of...more
While the “right” time to open the economy is hotly debated, many states have made the decision that it is time to get back to business. That means that businesses will be opening while there is still a continuing risk of...more
5/4/2020
/ Coronavirus/COVID-19 ,
Employer Responsibilities ,
False Advertising ,
Liability Insurance ,
Misrepresentation ,
Negligence ,
Policy Terms ,
Premises Liability ,
Re-Opening Guidelines ,
Risk Mitigation ,
Standard of Care
COVID-19 is causing a rapidly evolving public health crisis, and businesses face uncertainty about their commercial relationships. That uncertainty is raising questions about performance under contractual agreements that were...more
3/17/2020
/ Business Interruption ,
China ,
Commercial General Liability Policies ,
Commercial Insurance Policies ,
Commercial Loans ,
Contract Drafting ,
Contract Negotiations ,
Contract Terms ,
Coronavirus/COVID-19 ,
Delay Claims ,
Force Majeure Clause ,
Frustration of a Common Purpose ,
Infectious Diseases ,
Insurance Claims ,
Public Health ,
Risk Management ,
Supply Contracts ,
Uniform Commercial Code (UCC)
In yet another win for businesses seeking to shift the forum for their disputes from the courtroom to the conference room, the U.S. Supreme Court this week unanimously decided an important case that makes it easier to compel...more
1/10/2019
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Contract Terms ,
Exceptions ,
Federal Arbitration Act ,
Henry Schein Inc v Archer and White Sales Inc ,
Judicial Review ,
Motion to Compel ,
Question of Arbitrability ,
Remand ,
SCOTUS ,
Vacated ,
Wholly Groundless Doctrine
The Missouri Supreme Court recently upheld a refusal to compel parties to arbitrate their dispute before a different forum when the one listed in their agreement could not accept the case. ...more
In an acquisition, part of a buyer’s goal is to make as informed a decision as possible and to close the deal efficiently and inexpensively. Costly, post-acquisition litigation is the last thing any party to a transaction...more
The Consumer Financial Protection Bureau (CFPB) recently announced what may be its boldest move yet: a $63 million enforcement action in coordination with the Federal Trade Commission (FTC) against Minnesota-based mortgage...more
Telephone Consumer Protection Act ("TCPA") class action lawsuits are booming, and plaintiffs are commonly seeking tens, if not hundreds, of millions of dollars in damages. These cases often arise out of a marketing campaign...more
In This Issue:
- Those Who Provide Investment Advice on Unsecured Securities Are Subject to Class Actions
- A “Mass Action” Under the Class Action Fairness Act Requires at Least 100 Individual...more
2/2/2015
/ Amount in Controversy ,
CAFA ,
Class Action ,
Class Certification ,
Dart Cherokee Basin Operating Co. v. Owens ,
Halliburton v Erica P. John Fund ,
Investment Adviser ,
Mass Tort Litigation ,
Ponzi Scheme ,
Removal ,
Securities Fraud ,
Stanford Ponzi Scheme
In American Express Co. v. Italian Colors Restaurant, the Supreme Court confirmed what it had only hinted at two years earlier in AT&T Mobility, LLC v. Concepcion. In a holding authored by Justice Scalia, the Court made plain...more
The U.S. Supreme Court decided last Monday to not hear a case involving the State of Delaware's effort to create a state-sponsored program where sitting judges could confidentially arbitrate business disputes. Lower courts...more
Do you or your company own real property in Kansas? If so, then challenging your property's tax valuation is more appealing than ever, thanks to the 2014 Kansas Legislature. ...more
A growing number of federal courts have confirmed that the once-common discovery practice of asserting an objection followed by a bare "conditional" response, i.e., stating that "Subject to and without waiving the stated...more
In This Issue:
- Prevention
- Notification
- Potential Litigation
- Conclusion
- Excerpt from Foreward:
As the recent Target and Neiman Marcus data breaches made clear, cyber security is one...more
In a prior e-Alert, the Commercial Litigation practice outlined the issues confronting your business when deciding whether to enter into a contractual arbitration agreement. The alert noted that an important issue to consider...more
In This Issue:
- The Duty to Preserve
..What triggers the duty to preserve?
..Who has a duty to preserve?
..What is the scope of the duty to preserve?
- Litigation Hold Notices
- Potential...more
In This Issue:
- Comcast Corp v. Behrand
- Take-Away from Comcast Corp v. Behrand
- Standard Fire Insurance Co. v. Knowles
- Take-Away from Standard Fire Insurance Co. v. Knowles Amgen Inc. v.
-...more
Social media is one of the fastest growing tools businesses use to employ marketing tactics in a timely and cost effective manner. ...more