Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.
FCC Proposes New Rules On Local Wireless Siting
Data Center Networks – Interview with Jeff Moerdler, Member, Mintz Levin
What to expect from FCC Post-Governement Shutdown
Employer Social Media Policies – Interview with Mitch Danzig, Member, Member, Mintz Levin
Jason Maloni on Data Security
JOBS Act Implementation Regulations
Ernest DelBuono on Aviation
Jack Deschauer on Government Investigations
PODCAST - Inside Law - Public Policy Issues in 2013
Condo Adviser: Condominium Rules and Enforcement
Condo Adviser: What is 'FHA approved,' exactly?
Condo Owners and Dealing with Uncooperative Management Companies
Reserve Funds: Purposes and Common Mistakes
Instapundit: America's IP Laws Need to be "Pruned Back"
Social Media At Work - What's Allowed and What Isn't? PODCAST - Inside Law
Release of new book on the 'Best Practices Under the FCPA and Bribery Act"
[Legal Perspective] When Is It NOT Okay to Delete Your Social Media Account?
Tips for Mobile App Privacy Compliance
Serving Legal Documents Through Social Media
Social Media Law Report - Who Owns Your LinkedIn Account, FTC Guidance on Social Ads, More...
On December 2, the U.S. Court of Appeals for the Fifth Circuit held that a set of parens patriae suits filed by the Mississippi Attorney General (AG) against credit card issuers is not subject to federal jurisdiction under...more
Litigation over the labeling of pharmaceuticals dates back to the mid-1800s. In only the last five years, however, two watershed decisions by the United States Supreme Court have established clear, albeit controversial,...more
In This Issue:
- Recent Significant Developments and Rulings
..VitaRain “Natural” Caffeine Claims Against Costco Rules Preempted
..Court Refuses To Certify Most “All Natural” Claims Against Kashi and Bear...more
We have frequently reported on how courts have addressed preemption arguments in the growing number of mislabeling suits that have been filed against food companies. Last week, a federal court in New Jersey denied Tropicana’s...more
California Attorney General Kamala Harris’ attempt to bring an enforcement action against Delta Air Lines, Inc. won’t be leaving the runway. California Superior Court Judge Marla J. Miller has dismissed a data privacy...more
The Supreme Court of the United States has allowed federal agencies to interpret ambiguities in their implementing statutes and directed courts to defer to agency expertise when deciding cases. (Who, after all, knows a...more
A recent Third Circuit case brings good news for defendants making express preemption arguments under the Food, Drug and Cosmetic Act (FDCA) in misbranding class actions. Last week, the court affirmed the dismissal of a...more
Pending before the Court was Plaintiff’s Motion to Reconsider its dismissal of a class action Complaint based on a conclusion that New York Civil Practice Law 901(b) bars TCPA class actions in federal court. Plaintiff relied...more
Pending before the court was Defendant’s Motion to Dismiss Plaintiff’s TCPA claim contending Defendant sent unsolicited faxes in violation of the law. Also pending before the court was Defendant’s Motion to Strike class...more
Plaintiff filed suit, placing at issue allegedly unsolicited faxes sent in violation of the TCPA. At issue was the applicable statute of limitations. Defendant’s argued that the Illinois two-year statute governing claims...more
Are social media companies based in the United States subject to European data privacy laws? Two recent judicial decisions – one in France and the other in Germany – arrived at different answers. The Civil Court of Paris held...more
In This Issue:
- Court Rules that Yogurt Dispute Belongs Before the FDA
- Conclusory Allegations that Advertising is “False and Misleading” Fail Minimum Pleading Standards
- 5-Hour Energy Authorized To Sue...more
As we have noted in prior posts (FDCA, POM, preemption), the Food, Drug, and Cosmetic Act (“FDCA”) can provide a powerful tool to food companies that are hit with claims about their labeling. Yesterday, Judge Otero in the...more
As we have briefly explored, the Ninth Circuit has broadly construed Buckman implied preemption of state law claims pertaining to food, drugs, and medical devices, which are regulated under the federal Food, Drug, and...more
This quarterly bulletin provides an overview of newly applicable legal provisions, recent case law and more generally the recent news in international litigation viewed from France....more
Originally published in Washington Legal Foundation on August 3, 2012.
Class action lawyers looking for a shakedown have gone on a food binge. They have focused on the food industry and the ever-obliging federal court...more
Facebook, Inc. was sued in a class action last year over one of its advertising practices called “Sponsored Stories,” which typically consist of a Facebook Friend’s name, profile picture, and an assertion that the person...more
Recently, the United States Court of Appeals for the Seventh Circuit issued a decision in Soppet v. Enhanced Recovery Company that could effectively impose strict liability for violations of the Telephone Consumer Protection...more
Last week, the Ninth Circuit issued a broad FDA preemption ruling that elbows aside federal deceptive-labeling claims in the latest slugfest between Pom Wonderful and Coca-Cola that has been going on for almost five years....more
The U.S. Court of Appeals for the Ninth Circuit held last week that The Coca Cola Company cannot be sued under the Lanham Act over the name and labeling of a juice product that is authorized by FDA regulations. In doing so,...more
Full text copy of the 330-age US FTC ruling that POM Wonderful’s claims about the health benefits of drinking its pomegranate juice constitute false advertising.
From Courthouse News:
“Pom Wonderful makes deceptive...more
Full text copy of the US Court of Appeals for the Ninth Circuit decision dismissing POM Wonderful’s Latham Act false advertising claims against Coca-Cola for the labeling used to describe its Minute Maid Pomegranate Blueberry...more
A federal court recently dismissed a proposed class action accusing a food company of misleadingly labeling cooking oils as 100% natural when they allegedly were made from genetically modified plants. Robert Briseno, et al....more
Tomorrow is Thanksgiving – the biggest American “eating” day of the year. So we thought we’d share a few fun facts. Did you know the average person on Thanksgiving eats around 4,500 calories? (By the way, that's more than...more
In a ruling issued on September 28, 2011, the United States Court of Appeals for the Ninth Circuit held that federal law preempted California consumer class action claims against the manufacturer of a contact lens cleaning...more