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[Webinar] Litigation is Inevitable: Update on Recent Advertising Class Actions - Feb. 22nd, 12:00pm ET

Consumer class action suits continue to be a growing source of concern to marketers and income for plaintiffs’ law firms. This webinar will provide an update on recent consumer class action cases across a range of industries...more

Ninth Circuit Weighs in on Prior Express Consent and Revocation of Consent

The Ninth Circuit recently weighed in on the limitations of prior express consent and revocation under the Telephone Consumer Protection Act (the “TCPA”). In Van Patten v. Vertical Fitness Group, LLC, the consumer provided...more

Disparaging (or Maybe Not) Trademarks: The Supreme Court Hears Oral Arguments on In Re Tam

On January 18, 2017, the Supreme Court heard oral arguments regarding whether the Lanham Act’s provision refusing federal trademark registration to disparaging marks is invalid under the Free Speech Clause of the First...more

Defamation Series: Texas Supreme Court Explains That Courts Should Not Make Editorial Decisions For The Media Re Information...

In Texas, Plaintiff Wade Brady brought claims for libel and libel per se against Carter Publications, Inc., publisher of the newspaper West Fort Bend Star, and one of its writers, LeaAnne Klentzman. Wade alleged that the...more

Defamation Law Series: Trumping Defamation Claims

President Donald Trump and First Lady Melania Trump recently have found themselves embroiled in two separate defamation cases in state courts – but while the President defended himself against claims resulting from his...more

Does Facebook Have the Right to Challenge Search Warrants Seeking Facebook Users’ Data? New York’s Highest Court Hears Argument

Facebook is the latest social media giant to push back on law enforcement efforts to seek user information. On Tuesday, the New York Court of Appeals heard oral argument in a case focusing on whether Facebook has the...more

TCPA Class Certified Based Largely on “Concrete Injury” Determination

Following the United States Supreme Court’s decision in Spokeo Inc. v. Robins, 136 S. Ct. 1540, 1549 (2016) – which held that Article III standing requires a concrete injury, even when an injury has otherwise been established...more

Magistrate Judge Had Authority To Enter Final Judgment Without Consent Of Absent Class Members But Abused Discretion In Approving...

The Ninth Circuit held that a magistrate judge was not required to obtain the consent of absent class members to approve a settlement in a Fair Debt Collection Practices Act (FDCPA) case and to enter a final judgment after...more

Litigation Alert: The Ninth Circuit Holds That a Telephone Consumer Protection Act Violation Alone Is Sufficient To Establish...

This week, the U.S. Court of Appeals for the Ninth Circuit held that allegations that unsolicited advertisement text messages were sent in violation of the Telephone Consumer Protection Act (TCPA) established a concrete...more

First Amendment Implications of Nomination of Judge Neil Gorsuch for Supreme Court

While President Trump’s Supreme Court nominee Judge Neil Gorsuch of the Tenth Circuit is expected to face withering scrutiny over the politically incendiary topics of abortion and gun rights, Jackson Walker attorney Shannon...more

Advertising Litigation Report: Vol. 2, No. 1

Lanham Act False Advertising - Lanham Act Liability for Native Advertising Violations - Casper Sleep, Inc. v. Mitcham, --- F. Supp. 3d ---, No. 16 Civ. 3224 (JSR), 2016 WL 4574388 (S.D.N.Y. Sept. 1, 2016)...more

Presidents and the Press

Here’s a quiz for you. Match the President to the quote: “He uses tweets to go directly to the public while bypassing journalists.” “[The President] directed [name] to make speeches attacking newspapers and the...more

Ninth Circuit Refines Antitrust Standing Doctrine Under Illinois Brick

The U.S. Court of Appeals for the Ninth Circuit recently addressed again when plaintiffs have standing to pursue federal antitrust claims under the U.S. Supreme Court’s landmark decision in Illinois Brick Co. v. Illinois, 431...more

FDA Issues Three Key Documents Relating to Medical Product Manufacturer Communications

On January 18, 2017, the Food and Drug Administration (“FDA”) released three key documents outlining the agency’s current thinking regarding drug and device manufacturers’ communication of information not contained in...more

Lee v. Tam: Supreme Court Hears Oral Arguments On Lanham Act Section 2(a) Prohibition of Registration of Disparaging Marks

Earlier this month, the Supreme Court of the United States heard oral arguments in Lee v. Tam to examine the constitutionality of Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a). Section 2(a) prevents the registration of...more

Ninth Circuit Further De-Fangs Spokeo in a TCPA Case; Gives Practical Revocation Guidance for the First Time

The important TCPA cases keep rolling in. Yesterday the Ninth Circuit issued a big new decision addressing three of my favorite topics: Spokeo, express consent, and revocation. ...more

Executive and Judiciary Showdown over the Whistleblower Protection Act

The new administration’s recent decree that certain federal agencies refrain from communications with the media sets up a showdown between the executive and judicial branches of government. ...more

Texas Supreme Court Rules in Favor of Jackson Walker Media Clients in Important Free Speech Case

Houston partner John K. Edwards argued before the Texas Supreme Court in September 2016 on behalf of a newspaper and reporter in an important libel case that started in 2003 concerning an article published in a Fort Bend...more

Seventh Circuit Sheds Light on Spokeo; Affirms Dismissal of Class Action for Lack of Standing

When Derek Gubala subscribed to Time Warner Cable in 2004, he gave it his birth date, home address, home and work phone numbers, social security number, and credit card information. Gubala canceled his subscription in...more

The (Sometimes Unethical) Reality of Competition and Your Ammo to Combat a Rival's False Advertising

Competition in the free-market economy is cutthroat and businesses seek to gain a slight edge over their competitors however they can. In an effort to gain such an advantage, these businesses may spread falsehoods about the...more

Court Finds Apple is a Distributor of iPhone Apps, Allows Antitrust Suit

In a significant Illinois Brick decision, the Ninth Circuit recently issued an opinion concluding that consumers who purchase apps from Apple’s “app store” directly purchase those apps from Apple, which acts as a distributor....more

Eighth Circuit Hints at Unconstitutionality of Missouri Restrictions on Alcohol Advertising

Last week, the US Court of Appeals for the Eighth Circuit weighed in on the legality of restrictions on alcohol advertising under the First Amendment, issuing an opinion in Missouri Broadcasters Association v. Lacy that could...more

Fourth Circuit Rejects Police Department's Social Media Policy on First Amendment Grounds

Most of the recent legal controversy over employer enforcement of social media policies has involved employees’ concerted activity rights under the National Labor Relations Act. However, a recent case from the Fourth Circuit...more

Defamation Law Series: Wisconsin Court of Appeals Affirms Dismissal of Firefighter Aaron Marjala’s Claim for Defamation

The Wisconsin Court of Appeals recently affirmed the trial court’s dismissal of firefighter Aaron Marjala’s claim for defamation against a news network, Robert Whitaker (chief of the fire department), television journalist...more

Foreign Officials, Defamation Claims and the DC anti-SLAPP Statute

First was the lawsuit filed by Yasser Abbas, the son of the Palestinian President, against Foreign Policy Group and one of its reporters, alleging that they defamed him by asking whether he was profiting from his father’s...more

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