Opt-Outs

News & Analysis as of

Health Care Update - July 2014 #3

In This Issue: - First Guidance following Hobby Lobby released - Implementation of the Affordable Care Act - Other Federal Regulatory Initiatives - Other Congressional and State...more

Canada’s Anti-Spam Legislation (CASL) Will Impact U.S. Companies

?????Canada’s Fighting Internet and Wireless Spam Bill, better known as Canada’s Anti-Spam Legislation (CASL), was enacted in December 2010, but enforcement of the law did not commence until July 1, 2014, on Canada Day. The...more

Opt-Out Antitrust Class Actions—A U.S. Perspective On The Consumer Rights Bill Pending In UK’s Parliament

Will opt-out class actions proposed by the UK Parliament’s Consumer Rights Bill bring the dreaded U.S.-style litigation culture to the United Kingdom? My personal assessment—that of a seasoned American antitrust...more

Food and Beverage News and Trends - June 2014

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. - Supreme Court speaks on deceptive labeling: Ruling in Pom Wonderful LLC v....more

International Tax Compliance Update: IRS Hints at Coming Changes for Certain OVDP Filers

Remarks on Monday by John Koskinen, the Commissioner of Internal Revenue, indicate that the IRS is close to conceding to outside pressure to more clearly distinguish between Offshore Voluntary Disclosure Program (OVDP) filers...more

FTC Releases Data Broker Report

Today, the Federal Trade Commission (FTC) released a long-awaited report on the data-broker industry. In the report, the FTC characterized data brokers as operating with a “fundamental lack of transparency.” The report, which...more

Accident, Technical Failure, or Human Error? FCC's $7.5 Million Settlement with Sprint Indicates Any and All Can Lead to...

The Federal Communications Commission (FCC) announced that it settled a recent investigation of Sprint Corporation for failures to properly implement do-not-call requests and text-message opt-outs received from consumers. The...more

California District Court Invalidates Opt-Outs And Orders Employer To Issue A Curative Notice To Employees Regarding A Putative...

The U.S. District Court for the Northern District of California, in a wage and hour class action, found that the employer’s written communication to putative class member employees about the action, which included an opt-out...more

Finding Peace When Settling U.S. and EU Price-Fixing Claims

The great majority of private antitrust disputes are resolved through settlements. One of the key challenges for policymakers, practitioners, consumers and businesses is how to efficiently resolve cross-border price-fixing...more

Belgian Class Actions - The Final Stretch

The Belgian collective redress act (hereafter the Collective Redress Act) was signed into law just before the Easter break on 27 March 2014 and is expected to enter into force in the next couple of months (a royal decree...more

FCC TCPA Ruling Provides Guidance on Mobile App Messaging

On March 27, 2014, the Federal Communications Commission (“FCC”) issued a Declaratory Ruling interpreting the federal Telephone Consumer Protection Act (“TCPA”) as it relates to prerecorded and autodialed calls to cellular...more

United Kingdom and European Union Continue Push Toward Private Actions

There have been two recent developments in the expansion of private antitrust actions in the United Kingdom and the European Union. First, the United Kingdom continues to push toward opt-out collective proceedings for...more

California Appeals Court Holds Injury Required For Standing Under State Shine The Light Law

Recently, the California Court of Appeals, Second District, held that a plaintiff must have suffered a statutory injury to have standing to pursue a cause of action under the state’s “Shine the Light Act” (SLA). Boorstein v....more

Oklahoma Supreme Court Rejects Constitutional Challenge to the “Oklahoma Option”

Following last week’s oral arguments, on December 16, 2013 the Oklahoma Supreme Court issued an order rejecting a constitutional challenge to the state’s new workers compensation law. ...more

NLRB Administrative Law Judge Expands D.R. Horton; Strikes Down Arbitration Agreement With Opt-Out Provision

As we previously reported, in D.R. Horton, the NLRB held that a mandatory arbitration agreement that waives employees’ rights to participate in class or collective actions is unlawful under the National Labor Relations Act...more

Opt-Out Cases in Securities Class Action Settlements

Introduction - This report provides, for what we believe is the first time, a comprehensive quantitative analysis of publicly available lawsuits and settlements of so-called opt-out securities cases: cases in which at...more

Big Brother is Watching You (Shop For Pants): Mobile analytics firms implement code of conduct for tracking customers while they...

If you’ve ever dealt with that pushy salesperson at Bed, Bath & Beyond who won’t take your word for it that you’re just browsing and not ready to commit to a high-end home espresso machine, you know that being followed around...more

Employee Accepted Arbitration Offer When She Continued to Work, Sixth Circuit Rules

In a Halloween treat for employers, the Sixth Circuit ruled this morning that an employee had contractually agreed to arbitrate any employment disputes, by continuing her employment after having been notified of the...more

Senator Markey Back in the Privacy Hunt: Google’s New Terms of Service Prompt Letter to FTC

Google has recently announced changes to its terms of service that will allow Google to incorporate its users’ photos, comments and names in advertisements. This new policy will go into effect on November 11th....more

Advertising Law -- Jun 13, 2013

SPECIAL FEATURE: Manatt and Mergermarket Release New Study on U.S.-China Deal Activity in Entertainment, Advertising and Digital Media Sectors - Investment and M&A activity between the U.S. and China in the...more

Top 10 Reasons for International Harassment Best Practices

Training a global workforce can be a daunting task, and missteps can derail even the most well-intentioned compliance programs. Careful planning and attention to some important considerations can help ensure a successful...more

Poland - Cookies Served on a Tray. New Regulations on the Use of Cookie Files

Regulations in Poland relating to entities providing services electronically (meaning practically all entities running Internet websites) have been amended. These changes derive from the new provisions of the EU law, in...more

Intra-class Debate Permissible During Opt-Out Period: 1250264 Ontario Inc v Pet Valu Canada Inc

On May 3, 2013, the Ontario Court of Appeal released its decision in 1250264 Ontario Inc v Pet Valu Canada Inc, which addresses the propriety of communications among class members during the “opt-out” period when class...more

Court of Appeal Overturns Pet Valu Decision: Class Members Can Openly Debate Opting Out Without Invalidating Opt-Out Period

The Ontario Court of Appeal, in reversing a controversial decision that re-opened the opt-out period in a certified class action, has confirmed that class members have “an unassailable right to speak out in opposition to the...more

Advertising News & Analysis - April 18, 2013

In this issue: - FTC Chairwoman Addresses AAF’s Advertising on the Hill Day, Provides Broad Guidance - Bringing a Legal Challenge? Expect One in Return - NAD Says Doctor-Recommended Claims Need a Second...more

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