News & Analysis as of

TCPA Connect - July 2014

TCPA Suit Claims Obligation To Check Recycled Numbers - The latest company to fall prey to a Telephone Consumer Protection Act (TCPA) class action?: Twitter, facing a California suit from a plaintiff who claims...more

Sixth Circuit Vacates Denial of Class Certification in Blast Fax Case

Plaintiff Sandusky Wellness Center (“Sandusky Wellness”) had alleged that defendants Wagner Wellness, Inc., and its owner, Robert Wagner (collectively “Wagner”), had violated Section 227 of the TCPA by purchasing a list of...more

Advertising News & Analysis - June 2014 #4

In this issue: - Want to Settle an NAD Challenge? It Can be Done - California "Made in USA" Class Action May be First of Many - More Buzz About Post-Grant Proceedings - Excerpt from Want to...more

POM v. Coca-Cola Further Dilutes Consumer Class Action Claims for Deceptive Labeling

The Supreme Court's recent decision in POM Wonderful LLC v. Coca-Cola Company could have redefined the consumer class action landscape with respect to claims for the deceptive labeling of food products. Instead, the decision...more

Social Media Class Actions Buy the Farm(Ville): Ninth Circuit Dismisses Consumer Claims Against Zynga and Facebook for Sharing...

Farmville is a game that celebrates the digital harvest: players earn Farm Coins by diligently and systematically harvesting their virtual crops. Yet a different kind of digital harvest – the harvest of user data – was at the...more

Recent Supreme Court Decision Gives Competitor False Advertising Claims Added Juice

The U.S. Supreme Court recently issued an opinion that could have important consequences for lawsuits between competitors in the food and beverage industry and for manufacturers’ evaluation of their product labels, but the...more

Advertising Law - May 2014

W3C Reaches Milestone: “Do Not Track” Specification Set - The road to establish an industry standard for Do Not Track has been long and winding. Last year, efforts at consensus stalled, grinding the work of the...more

Get That Thing Out of My Face(book)! – Canadian Woman Brings Class Action Against Facebook in Ontario for Private Message Scanning

How private is private? This is the question at the heart of a putative class action recently brought against Facebook in Toronto. Plaintiff Lavinia Latham claims, on behalf of herself and up to 18-million similarly situated...more

California District Court Finds Commonality Lacking Under Dukes Analysis; Denies Certification

The U.S. District Court for the Northern District of California denied certification in a false advertising case brought under California’s False Advertising Law (FAL), Consumers Legal Remedies Act (CLRA) and the Unfair...more

Sweet(ener) Confusion: Court Divide Over Role of Primary Jurisdiction Doctrine in “Evaporated Cane Juice” Cases Grows

In Swearingen v. Santa Cruz Natural, Inc., No. C 13-04291 (N.D. Cal. April 2, 2014), Judge Illston of the U.S. District Court for the Northern District of California granted defendant’s motion to dismiss based on the primary...more

Advertising News & Analysis - April 10, 2014

In this issue: - FTC Updates Energy Labeling Rule - FTC Gives Cole Haan Pinterest Promotion the Boot - Major Class Action Victory for POM Decertifies Previous Class - Upcoming Events -...more

Advertising News & Analysis - April 3, 2014

In this issue: - FTC Releases Fourth Major Study on Alcohol Advertising and Industry Compliance - Plaintiffs' Class Action Bar May Choke on POM Wonderful Decertification Decision - In CFPB Endorsement...more

California Supreme Court to Tackle Labor and Insurance Issues

The California Supreme Court has five civil cases scheduled for its April calendar, each addressing important questions of labor and insurance law. ...more

Advertising News & Analysis - January 23, 2014

In this issue: - Former BCP Director Discusses how FTC Picked its Fights - Court Pierces the Veil on Anonymous Online Reviews - FTC Finds Green Diaper Claims Don’t Hold Water - A Warning Letter is...more

Redial; Third Circuit Again Rules that TCPA Claims Are Not Covered Under a CGL Policy

On January 9, 2014, the Third Circuit Court of Appeals again held that an insurance policy issued to class action defendants did not provide coverage for a claim brought under the Telephone Consumer Protection Act (TCPA)....more

The Ascertainability Requirement Claims Another Class. A Growing Trend?

A new case, Hernandez v. Chipotle Mexican Grill, Inc., No. CV 12-5543 DSF JCX, 2013 WL 6332002 (C.D. Cal. Dec. 2, 2013), highlights challenges plaintiffs face in certifying classes where membership in the class is difficult...more

Food Litigation Newsletter - December 2013

In This Issue: - Recent Significant Developments and Rulings ..Court Dismisses Food Labeling Complaint Because Plaintiff Can’t Be Misled By Something He Didn’t Read ..Chipotle Defeats Class Certification in...more

Advertising News & Analysis - December 12, 2013

In this issue: - Know the Rules for Online Disclosures - Native Advertising Red Hot; No Guidance from FTC…Yet - Court Cans "Naturally Raised" Class Action - Substantiated Claims Start with the...more

Advertising Law -- Nov 25, 2013

Child-Directed Sweepstakes Ran Afoul of COPPA - A sweepstakes conducted by a magazine for tween girls raised concerns under the Children's Online Privacy Protection Act, the Children's Advertising Review Unit...more

Advertising Law -- Nov 01, 2013

When Dental Hygiene Meets False Advertising Suits - Dental hygiene related class action settlements made news recently, when a federal judge in New Jersey granted final approval in one case and a second settlement...more

Google is No Cookie Monster, says Delaware Federal Court

In a decisive victory for Google and several co-defendants, a Delaware federal court dismissed the claims of a putative class of individuals who alleged that they were injured by Google’s practice of circumventing certain...more

Advertising News & Analysis - October 10, 2013

In this issue: - October 16 is Coming…Is Your Company Ready? - Are Disclaimers a Dying Breed? - It Just Got Easier to Do the Right Thing, in Maine at Least - No Matter Who’s Watching, Some Ads Just...more

Bernstein Shur Business and Commercial Litigation Newsletter #32

We are pleased to present the 32nd edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight cases addressing the scope of non-solicitation agreements, a challenge to Google’s...more

What’s in Your Privacy Policy?—Google’s Insufficient to Dismiss Class Action Claims

Last week, a California federal judge allowed a class action to move forward challenging Google’s scanning of emails and targeted email advertising, rejecting Google’s claims of express and implied consent in its Terms of...more

Advertising Law -- Sep 26, 2013

Julia Child Foundation Whips Up Lawsuit Against Williams-Sonoma - Williams-Sonoma illegally used the name and likeness of the late Julia Child more than 100 times in advertising, marketing, and promotional materials...more

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