Consumer Protection, Civil Procedure, Antitrust & Trade Regulation

New FTC Commissioner Prioritizes Transparency in Enforcement

by Jarod Bona on 4/23/2013

New Federal Trade Commission Commissioner Joshua D. Wright explained at a recent ABA Antitrust Meeting that his top priorities were to develop a more transparent and evidence-based approach to FTC Section 5 enforcement and to...more

Road to class certification gets bumpier

by Jarod Bona on 4/3/2013

The road to class certification for an antitrust plaintiff just got bumpier. Over the past several years, the US Supreme Court has persistently chipped away at the path's once-smooth surface. The latest hazard for...more

Comcast Corp. v. Behrend: Courts Must Assess Merits of Plaintiffs’ Damages Evidence at Class Certification

by Jacob Harper, Rebekah Kaufman | Morrison & Foerster LLP on 3/29/2013

Yesterday, in Comcast Corp. v. Behrend, 569 U.S. __ (2013), the Supreme Court answered a looming class certification question left open by Wal-Mart Stores, Inc. v. Dukes, 564 U.S. __ (2011): whether a putative class action...more

Consumer Products Settlements Containing Cy Pres Distributions Receiving Increased Scrutiny

by Nicole Skolout | BakerHostetler on 3/27/2013

In a recent decision, In re Baby Products Antitrust Litigation, 2013 U.S. App. LEXIS 3379 (3d Cir. Feb. 19, 2013), the Third Circuit vacated the district court’s order approving a $35.5 million class action settlement which...more

Massachusetts High Court Decision Regarding ZIP Codes Increases Consumer Litigation Risk for Retailers

by Ropes & Gray LLP on 3/20/2013

On March 11, 2013, the Supreme Judicial Court of Massachusetts ruled in Tyler v. Michaels Stores, Inc. that a retailer’s collection of ZIP codes while processing credit cards can violate Mass. Gen. Laws ch. 93, § 105(a), a...more

Court Allows Service Via Email and Facebook

by Kathryn L. Ossian | Miller Canfield on 3/19/2013

The Internet is widely used by organizations and individuals to communicate and conduct business globally. Courts are recognizing that traditional methods of serving pleadings and documents may not be sufficient when it comes...more

The Greatest Blog Post About Deceptive Advertising Ever Written*

by Travis Crabtree | Looper Reed & McGraw, P.C. on 3/11/2013

Sometimes, I like to talk basics and this time it’s something as basic as “tell the truth.” I’ve never had a client come to me and say, “I would like to lie as much as possible in my advertising, can you help me?” It’s never...more

Advertising News & Analysis - January 10, 2013

by Ellen Traupman Berge, Molly Cusson, Lisa Jose Fales, Thomas Gilbertsen, Jeffrey D. Knowles, Amy Ralph Mudge, Ari Rothman, Randal M. Shaheen | Venable LLP on 1/15/2013

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

McCarn v. HSBC USA, Inc.: A Federal Court Dismisses a Plaintiff's Attempt to Apply Antitrust-Conspiracy Principles to a Consumer...

by Sara Aliabadi, Christopher A. Reese | Schnader Harrison Segal & Lewis LLP on 12/29/2012

On November 13, 2012, the U.S. District Court for the Eastern District of California, in McCarn v. HSBC USA, Inc., 2012 U.S. Dist. LEXIS 162257, issued an important decision rejecting as inadequate a plaintiff’s attempt to...more

Advertising Law -- Nov 29, 2012

by Manatt, Phelps & Phillips, LLP on 12/1/2012

In This Issue: Could Papa John’s be Liable for $250 Million in a Spam Text Suit?; FTC Chair: COPPA Update by End of 2012, Do Not Track Will Take Longer; Calm Down! CSPI Targets Caffeinated Products; Confirmatory Opt-Out...more

Cross-Border Class Actions: The Ontario Court of Appeal Affirms the Ability of U.S. Class Plaintiffs to Compel Evidence from a...

by Osler, Hoskin & Harcourt LLP on 11/30/2012

On November 28, 2012, the Ontario Court of Appeal released its decision in Treat America Limited v. Leonidas 2012 ONCA 748 which broadly affirmed the ability of U.S. class action plaintiffs to obtain the assistance of the...more

Fifth Circuit Allows Defendants To Remove Mississippi Attorney General Lawsuit to Federal Court

by Steven D. Burt, Alan S. Kaplinsky, Burt M. Rublin | Ballard Spahr LLP on 11/30/2012

In a decision that squarely conflicts with three other circuit courts, the Fifth Circuit Court of Appeals has ruled that a price-fixing case initiated by the State of Mississippi against various LCD display makers must be...more

Supreme Court May Let Comcast Skate on Monopoly Class Action

by Aaron Kase | Lawyers.com on 11/29/2012

The U.S. Supreme Court this month heard arguments on a case that could have a dramatic impact on consumers’ ability to join forces in class action lawsuits against corporations that violate their rights. In Comcast v....more

Supreme Court to Address Enforceability of Arbitration Agreements and Class Action Waivers Yet Again

by Leo Caseria, David R. Garcia | Sheppard Mullin Richter & Hampton LLP on 11/20/2012

On Friday, November 9, 2012, the Supreme Court granted certiorari in American Express Company vs. Italian Colors Restaurant, No. 12-133 to address the following question: “Whether the Federal Arbitration Act permits courts,...more

FTC Loses Motion in Unfair Billing Case Against Online Payday Loan Referral Service

by BuckleySandler LLP on 11/18/2012

On November 7, the U.S. District Court for the Middle District of Florida held that numerous factual issues prevented the court from granting summary judgment on the FTC’s claims that an online payday loan referral business...more

Advertising News & Analysis - July 26, 2012

by Venable LLP on 7/30/2012

In this issue: - CFPB Turns One, Announces First Enforcement Action - FTC Weighs in on FCC’s Consideration of Mobile “Cramming” - California Announces Privacy Enforcement and Protection Unit - Microsoft...more

Advertising Law -- June 8, 2012

by Manatt, Phelps & Phillips, LLP on 6/13/2012

In This Issue: Manatt’s National Advertising Practice Earns Top Rankings in Chambers USA 2012; Manatt Partners to Serve as Faculty at ACI’s Litigating and Resolving Advertising Disputes Conference; FTC Sends Refunds to...more

No Harm, No Foul? First Circuit Departs from Trend Narrowing Chapter 93A Injury Requirement, Reverses Dismissal of Claim Arising...

by Mintz Levin - Antitrust on 6/5/2012

State unfair competition laws can sometimes provide a vehicle to permit consumers to bring certain types of claims arising from violations of the Sherman Act – for example, indirect purchaser price fixing claims – that such...more

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Consumer Protection › Civil Procedure › Antitrust & Trade Regulation

New FTC Commissioner Prioritizes Transparency in Enforcement

Road to class certification gets bumpier

Comcast Corp. v. Behrend: Courts Must Assess Merits of Plaintiffs’ Damages Evidence at Class Certification

Consumer Products Settlements Containing Cy Pres Distributions Receiving Increased Scrutiny

Massachusetts High Court Decision Regarding ZIP Codes Increases Consumer Litigation Risk for Retailers

Court Allows Service Via Email and Facebook

The Greatest Blog Post About Deceptive Advertising Ever Written*

Advertising News & Analysis - January 10, 2013

McCarn v. HSBC USA, Inc.: A Federal Court Dismisses a Plaintiff's Attempt to Apply Antitrust-Conspiracy Principles to a Consumer...

Advertising Law -- Nov 29, 2012

Cross-Border Class Actions: The Ontario Court of Appeal Affirms the Ability of U.S. Class Plaintiffs to Compel Evidence from a...

Fifth Circuit Allows Defendants To Remove Mississippi Attorney General Lawsuit to Federal Court

Supreme Court May Let Comcast Skate on Monopoly Class Action

Supreme Court to Address Enforceability of Arbitration Agreements and Class Action Waivers Yet Again

FTC Loses Motion in Unfair Billing Case Against Online Payday Loan Referral Service

Advertising News & Analysis - July 26, 2012

Advertising Law -- June 8, 2012

No Harm, No Foul? First Circuit Departs from Trend Narrowing Chapter 93A Injury Requirement, Reverses Dismissal of Claim Arising...

Advertising Law -- May 31, 2012

Class Action-Style Redress for Competition Law Infringements: Should the UK ‘Opt-In’ for the ‘Opt-Out’ Proposal?

Advertising News & Analysis - April 5, 2012

Advertising News & Analysis - March 8, 2012

Advertising Law -- February 1, 2012

Consumers Can Sue Telemarketers in Federal Court over Robo Calls

Advertising News & Analysis - January 19, 2012

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