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General Business Communications & Media Civil Procedure

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

No Certification Where Loss of Data Prevents Class Identification

by BakerHostetler on

Identifying potential class members is not an issue in most employment cases, as the employer likely has any number of employment records for each of the claimants, including personnel files, electronic data, tax forms, time...more

Third Circuit Confirms That One Call Is All for TCPA Violation

One errant solicitation call to the wrong person’s cellphone is all it takes to trigger liability under the TCPA. That was the essence of last week’s decision by the Third Circuit Court of Appeals in the putative class action...more

VTech Escapes Class Action Case Over Breach of 11 Million Toy Users’ Information

In November 2015, VTech Electonics North America LLC (VTech) announced that an unauthorized party infiltrated its network and gained access to the personal information of 5 million adults and 6.5 million children through its...more

You Can’t Always Get What You Want—Second Circuit Affirms Parties Can Bargain Away TCPA Right To Revoke Consent To Automated Calls

As the Rolling Stones famously sing, “You can’t always get what you want.” And in the ever treacherous world of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, et seq., the Second Circuit has ruled that means...more

Second Circuit Holds Consumers Cannot Revoke Consent Given as Consideration in Bilateral Contract in TCPA Case

by Fenwick & West LLP on

The U.S. Court of Appeals for the Second Circuit held that a consumer who agrees to be contacted via telephone call or text messages as bargained-for consideration in a bilateral contract cannot subsequently revoke his or her...more

Jelly Beans Contain Sugar - The Continuing Saga of Evaporated Cane Juice Litigation

by Pepper Hamilton LLP on

In February, plaintiffs filed a class-action lawsuit in California against candy maker Jelly Belly on behalf of consumers who purchased jelly beans marketed as “Sport Beans.” They claimed that Jelly Belly used the phrase...more

Supreme Court of Canada Leaves Forum Selection Clauses in a State of Uncertainty

by Bennett Jones LLP on

Facebook, Inc. (Facebook) recently lost a decision before the Supreme Court of Canada regarding the enforceability of the forum selection clause in its standard terms of use. Accordingly, organizations should carefully review...more

Caffeine Crash: Court Denies Class Certification for Consumers Contesting Caffeine Content

by Reed Smith on

A United States district court recently tossed a certification bid by a putative class of consumers who alleged that popular energy-shot, 5-Hour Energy, deceptively marketed its effectiveness. The action arises out of what...more

THIS CHANGES EVERYTHING—Second Circuit Holds that Contractual Consent Provisions Cannot be Revoked

by Dorsey & Whitney LLP on

This is the biggest TCPA news since the Omnibus—a silver bullet to defeat most revocation cases was hiding in plain sight the entire time. It seems so obvious now. ...more

Supreme Court Tightens Personal Jurisdiction Requirements

by Benesch on

Determining whether a nonresident defendant is subject to a forum state’s jurisdiction became clearer on June 19, 2017, when the United States Supreme Court announced its decision in Bristol-Myers Squibb Co. v. Superior Court...more

Federal Court in Florida Rules that a Grocery Store Must Make its Website Accessible

by Conn Maciel Carey LLP on

Our retail and hospitality clients often ask whether the Americans with Disabilities Act (“ADA”) requires their websites to be accessible for individuals with disabilities. Unfortunately, as we have previously explained,...more

Blind Plaintiff Prevails in First-of-Its-Kind ADA Website Accessibility Trial against Grocery Store Chain

by Rumberger Kirk & Caldwell on

In what is believed to be the first Americans with Disabilities Act (“ADA”) accessibility lawsuit to go to trial in Florida, Gil v. Winn-Dixie Stores, No.: 16-cv-23020-RNS (S.D. Fla. June 13, 2017), Juan Carlos Gil prevailed...more

First Federal Court Rules That Having An Inaccessible Website Violates Title III Of The ADA

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Today’s first impression trial verdict finding retailer Winn-Dixie liable under Title III of the ADA for having an inaccessible website suggests that public accommodations should focus on their website...more

Food & Beverage Litigation Update | June 2017 #2

Seattle Approves Tax on SSB Distributors - The Seattle City Council has approved a tax on distributors of sugarsweetened beverages (SSBs) proposed by the city’s mayor. SSBs covered by the tax include sports, fruit, energy...more

Athletic Tape Manufacturer Settles False Advertising Litigation for $1.75 Million

by Reed Smith on

A class action lawsuit recently settled with KT Health LLC and KT Health Holdings LLC (“KT Health”). The plaintiffs alleged that certain advertising claims regarding KT Health’s KT Tape or “kinesio tape” was false and...more

May 2017: California Court Issues Decision Regarding Protection of Statements to Press Regarding Litigation

In Argentieri v. Zuckerberg, 8 Cal. App. 5th 768 (1st Dist. 2017), the California Court of Appeal recently held that an attorney’s statements to the press summarizing the allegations of a complaint are protected by the “fair...more

Promise to Arbitrate Claims “Arising Under” is Narrower than Promise to Arbitrate Claims “Relating to” Agreement

In Evans v. Building Materials Corporation of America, [2016-2427](June 5, 2017), the Federal Circuit affirmed the denial of a motion to dismiss a complaint for patent infringement and trade dress infringement....more

Court Upholds Over $6 Million in Civil Penalties for Unfair Business Practices and False Advertising

In The People v. Overstock.com, Inc. (No. A141613 filed June 2, 2017), Division Four of the First Appellate District affirmed a trial court judgment against Overstock for injunctive relief and over $6 million in civil...more

Court Applies Work Product Protection to Breach Investigation Reports

One of the most significant questions in data security law is whether reports created by forensic firms investigating data breaches at the direction of counsel are protected from discovery in civil class action lawsuits. ...more

Harvey Keitel Fails Twice to Prove Binding Contract to do Commercials for E*Trade

by Farrell Fritz, P.C. on

In an action for breach of contract, Pulp Fiction and Reservoir Dogs star Harvey Keitel sued E*Trade based upon a Term Sheet entered into between Keitel and advertising agency Ogilvey & Mather NY (“Ogilvey”) for the actor to...more

Consumers Sue Chocolatier Fannie May Over Empty Space in Chocolate Boxes

by Reed Smith on

A putative class filed a false advertising claim against the Chicago chocolatier Fannie May Confections Brands Inc. earlier this month. Fannie May allegedly sells 7.0 oz. products in opaque boxes. According to the complaint,...more

Caveat Emptor in the Information Age?

by McGuireWoods LLP on

Commercial litigator Brooks Gresham and products liability litigator Trent Taylor bring us some timely thoughts about reliance from a recent decision by the U.S. District Court for the Northern District of California in a...more

Executing a Contract Can Constitute Protected Conduct Under California’s Anti-SLAPP Scheme

In San Diegans for Open Government v. San Diego State University Research Foundation, et. al. (No. D069189, filed 5/3/17) the California Court of Appeal for the Fourth Appellate District held the act of contracting to provide...more

Agreeing to Agree: Commercial Division Rules Twice that Term Sheets Were Not Binding Agreements

In two recent decisions, Justices Charles E. Ramos and Saliann Scarpulla of the New York Commercial Division ruled that term sheets were not binding agreements. Keitel v. E*Trade Fin. Corp., No. 652220/2015, 2017 BL 131532...more

Ninth Circuit Dismisses Consumer Claims Challenging Scientific Substantiation

by BakerHostetler on

On April 21, 2017, the Ninth Circuit affirmed the dismissal of two putative class actions against manufacturers of human growth hormone (HGH) supplements. The actions centered on allegations that the defendant falsely...more

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