Thomas Gilbertsen

Thomas Gilbertsen

Venable LLP

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Advertising News & Analysis - January 23, 2014

In this issue: - Former BCP Director Discusses how FTC Picked its Fights - Court Pierces the Veil on Anonymous Online Reviews - FTC Finds Green Diaper Claims Don’t Hold Water - A Warning Letter is...more

1/27/2014 - Advertising Attorney Generals CAFA Class Action False Advertising False Claims Act FTC Mass Action Mississippi ex rel. Hood v. AU Optronics SCOTUS Warning Letters

Supreme Court: AG Suits Not Removable Under CAFA

On January 14, 2014, the Supreme Court held in Mississippi ex rel. Hood v. AU Optronics Corp. (Hood) that a suit filed by a state as the sole plaintiff does not constitute a "mass action" under the Class Action Fairness Act...more

1/17/2014 - Attorney Generals CAFA Class Action Enforcement Actions Mass Action Mississippi ex rel. Hood v. AU Optronics Removal

Supreme Court Closes a Loophole for Class Action Plaintiffs Who Want to Avoid Federal Court

On March 19, 2013, the Supreme Court held that a class action plaintiff cannot avoid federal jurisdiction under the Class Action Fairness Act (“CAFA”) by stipulating prior to class certification that he and the class will not...more

3/22/2013 - Amount in Controversy CAFA Class Action Damages Jurisdiction SCOTUS

Advertising News & Analysis - March 14, 2013

In this issue: - FTC’s .com Disclosures: New Media Still Subject to Old Rules - Paper, Plastic...or Mobile? FTC Issues Report on Mobile Payments - Why So Negative on Negative Option? - Cy Pres...more

3/18/2013 - Class Action Cy Pres Funds Dot Com Disclosure Guide FTC Marketing Mobile Devices Mobile Payments Settlement

Advertising News & Analysis - March 7, 2013

In this issue: - Obama Nominates Ramirez to Lead FTC - FDA Warning Letter Makes Shout-Out to Facebook - Supreme Court’s Amgen Ruling: What it Means for Consumer Class Actions - Upcoming...more

3/11/2013 - Amgen Inc. v Connecticut Retirement Plans Barack Obama Class Action Edith Ramirez Facebook FDA FTC SCOTUS

Applicability of Amgen Decision Should be Very Narrow

When the Supreme Court issued its decision in Wal-Mart Stores, Inc. v. Dukes in 2011, defense lawyers hailed the case as a game-changer that would level the class action playing field in an arena that traditionally favored...more

3/8/2013 - Amgen Inc. v Connecticut Retirement Plans Class Action Class Certification Fraud Fraud-on-the-Market SCOTUS SEC Securities Exchange Act

Business News Digest – February 2013

In this issue: - What You Need to Know About the Proposed Maryland Investment Tax Credit for Cybersecurity - Trade Secret Legislation May Increase Infringement Claims and Lead to a Private Right of Action -...more

2/20/2013 - Antitrust Conspiracies CIPA Class Action Class Certification Cybersecurity Department of Transportation ECPA FDA Food Safety Infringement Investment Tax Credits IRS NEPA Pay or Play Trade Secrets Voluntary Correction Program

Advertising News & Analysis - January 31, 2013

In this issue: - FTC Robocall Challenge Draws Almost 750 Submissions - Advertising Substantiation Standards: A Brave New World - Robocall, DNC Violations May Annoy FTC Even More Than the Average Consumer -...more

2/4/2013 - Advertising Advertising Substantiation Class Action Class Certification Disclaimers Do Not Call List FTC Marketing Robocalling TCPA Telemarketing

Advertising News & Analysis - January 24, 2013

In this issue: - FTC Studies Alcohol Marketing Practices, Prepares Recommendations - FTC’s POM Decision Provides Food for Thought - 10th Circuit Decision Clarifies No ECPA Liability for Behavioral Advertising...more

1/29/2013 - Advertising Behavioral Advertising CIPA Class Action ECPA FTC Marketing POM Wonderful

Faulkner v. ADT and the Landscape for CIPA Class Actions

Last week the Ninth Circuit ruled on the issue of whether a business can be held liable under the California Invasion of Privacy Act, Cal. Penal Code § 632 (“CIPA”) for monitoring or recording its own customer service...more

1/25/2013 - Appeals CIPA Class Action Dismissals Diversity Jurisdiction Invasion of Privacy Removal

Advertising News & Analysis - January 17, 2013

In this issue: - FTC Adds New Commissioner - Balance, Clarity Key to Success of Class Action Waivers - FDA’s Proposed Food Safety Rules Focus on Prevention - WhoNu Dueling NAD, CARU Inquiries Would...more

1/23/2013 - Advertising Amazon Apple Arbitration Agreements CARU Class Action FDA Food Safety FTC NAD Sales Contracts Waivers

Advertising News & Analysis - January 10, 2013

In this issue: - Old Rules Still Apply to New Technologies - NAD Says It Won’t Demur Just Because a Regulator OKs Language - Toys“R”Us Settlement Exposes Dark Side of Refund Policies - Hollister Gift Card...more

1/15/2013 - Advertising Class Action FTC Gift-Cards Labeling Marketing NAD Refunds Retail Market Toys R Us

White v. Hollister Co. Illustrates Importance of Individual Questions in Class Certification

The California Court of Appeals January 3, 2013 decision in White v. Hollister Co. reversed and remanded the trial court’s opinion denying class certification to a class of consumers who claimed that defendant Hollister Co....more

1/11/2013 - Abuse of Discretion Advertising Appeals Class Action Class Certification Gift-Cards Marketing Misrepresentation Uniformity White v Hollister

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