Conflict of Laws Communications & Media

Read Conflict of Laws updates, alerts, news, and analysis from leading lawyers and law firms:
News & Analysis as of

Challenge to FCC Preemption of State Prohibition on Municipal Broadband to be Heard in March

The Sixth Circuit Court of Appeals has set oral argument for 9:00 a.m., Thursday, March 17, 2016 on the appeals brought by the States of Tennessee and North Carolina challenging the FCC’s order striking down provisions of...more

California "Organic" Labeling Decision: A Blueprint for More Class Actions of FDA Regulated Products?

In December 2015, the California Supreme Court issued a ruling in Quesada v. Herb Thyme Farms, Inc., which may affect many companies subject to FDA regulation, but particularly those that advertise and sell products as...more

Update on Madden v. Midland: Cert. Decision Expected Soon

The certiorari petition asks the court to address whether the National Bank Act continues to have preemptive effect after the national bank has sold or otherwise assigned a loan to another entity. In a petition for a...more

PA Federal Court Ruling Illustrates Need for Lenders to Properly Structure Bank Partnerships

A recent federal court decision refusing to dismiss Pennsylvania racketeering claims against companies alleged to have partnered with a state bank to market Internet loans illustrates the risks inherent in these relationships...more

TracFone Withdraws Emergency Petition

As previously reported, in October 2014 TracFone filed an Emergency Petition with the FCC asking it to preempt state 911 fees on Lifeline subscribers who receive no-charge wireless Lifeline service. In 2015, it tweaked its...more

California Supreme Court Holds Organic Labeling Suit a Natural Fit in State Court

In December, the California Supreme Court held that a challenge to a farm’s labeling of its herbs as “organic” under state false advertising laws is not preempted by the federal Organic Foods Production Act of 1990 (“Organic...more

California Supreme Court – Presumption Against Preemption Still Around

Last month, in Quesada v. Herb Thyme Farms, Inc., 361 P.3d 868 (Cal. 2015), the California Supreme Court did to “organic” foods what it had done to most other foods in Farm Raised Salmon Cases, 175 P.3d 1170 (Cal. 2008) –...more

Five of the Top Drug & Device Developments in 2015

As 2015 winds down, we reflected on some of the year’s most significant legal developments for drug and device manufacturers. In our opinion, the bench got it right (for the most part) this year. Here is a brief recap and...more

DIRECTV v. Imburgia: Supreme Court Again Preempts State Law That Barred Waiver of Classwide Arbitration

On December 14, 2015, the United States Supreme Court considered a contract provision preventing classwide arbitration and providing that, “[i]f the law of your state would find this agreement to dispense with class...more

Don’t Deceive Me: Claims for Mislabeled Organic Food in CA

If a food is labeled organic, but is not actually organic, can a consumer bring state law claims under consumer protection statutes? In California, it appears that the answer is yes. In a recent case, Quesada v. Herb Thyme...more

SCOTUS Finds California’s Contract Interpretation Skills Lacking In New Arbitration Decision

Just under the wire, SCOTUS released an arbitration opinion today, ensuring that 2015 would continue the string of years with cases interpreting the Federal Arbitration Act. In DIRECTV v. Imburgia, the Supreme Court found...more

California Recognizes State Claim for Foods Mislabeled as “Organic”

On December 3, 2015, the California Supreme Court held that a claim for intentionally mislabeling produce as “organic” is not preempted by the federal regulatory regime for certifying organic growers. Quesada v. Herb Thyme...more

California Supreme Court Holds That Federal Organic Food Labeling Regime Does Not Preempt Claims of “Intentional” Mislabeling

What’s the difference between claiming that a food product is improperly certified as organic and claiming that the producer was properly certified but the product isn’t really organic? A unanimous California Supreme Court...more

Food for Thought: Organic Food Act Doesn't Preempt Certain State Law Mislabeling Claims

On December 3, the California Supreme Court unanimously held that state law claims of intentional mislabeling produce as organic are not preempted by the Organic Food Act of 1990 (7 U.S.C. §§ 6501-6522). In Quesada v. Herb...more

California Supreme Court Endorses More Consumer Class False Advertising Litigation in Organic Food Decision

“Labels matter,” the California Supreme Court began its unanimous December 3 opinion. Expect that to be the new rallying cry of plaintiff class action lawyers when suing consumer companies for alleged false advertising....more

Joining the Crowd: SEC Adopts Final Crowdfunding Regulations - Part I

On October 30, the U.S. Securities and Exchange Commission (“SEC”) adopted its long-anticipated Regulation Crowdfunding, as mandated by Title III of the Jumpstart Our Business Startups Act (“JOBS Act”). Regulation...more

Brandmarking - Volume 4, Number 3 - October 2015

Eight Things Every Entrepreneur Needs to Know About Creating and Protecting Brand Identity - First in a series. Every entrepreneur knows the importance of establishing a strong brand for a new business or product...more

Arbitration Puzzler: Nevada’s Anti-Waiver Rule Preempted; California’s Anti-Waiver Rule Not Preempted

Two opinions came out recently in disputes over the arbitrability of putative class actions alleging that employees were not paid for overtime (and other labor violations). In one, the Nevada Supreme Court acknowledged that...more

Social Media Brings the Right of Publicity to the Masses

Do you consider yourself famous? If the answer is no, then you have likely never been concerned with the invasion of your right of publicity. The right of publicity is the right of a person in his or her identity—name or...more

Food Litigation Newsletter - August 2015

This Newsletter Aims to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation. RECENT SIGNIFICANT RULINGS - Class Certification Denied In Popcorners “All...more

Ninth Circuit Addresses Preemption in Recent Labeling Cases

The Ninth Circuit Court of Appeals recently addressed preemption in the context of food and cosmetic labeling. Food Manufacturers Can Label Honey as “Honey” - In June, the Ninth Circuit issued an opinion in Brod v....more

Putting A Lotion Claim In The Primary Jurisdiction Basket

When Jame Gumb urged his captive to put lotion on her skin, he was not concerned with improving its firmness. While Buffalo Bill from "Silence of the Lambs" may not be who most would think about when reading Franz v....more

Advertising Law - August 2015

Internet Cafes Lose a Bet With the California Supreme Court - In a unanimous decision, the California Supreme Court upheld an injunction against the operators of Internet cafes that offered “sweepstakes” games the Court...more

Uber Takes A Ride Back To State Court: Federal Court Dismisses Conversion Claim, Remands Trade Secret Misappropriation Case Back...

Order on Motion to Remand, Kevin Halpern, et al., v. Uber Technologies, Inc., et al., 15-cv-02401-JSW (Magistrate Judge Jacqueline Corley) - Uber has faced its share of challenges of late, from the established taxi...more

Cannabis Conflicts Part II: The problem with state and federal food labelling requirements

Illinois’ “Compassionate Use of Medical Cannabis Pilot Program Act” (the “CUMCPPA”) creates an entire regime of laws, regulations and procedures by which individuals and companies are building medical cannabis growing...more

152 Results
|
View per page
Page: of 7

Follow Conflict of Laws Updates on:

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×