News & Analysis as of

Puffery Misrepresentation

Holland & Knight LLP

SEC Cyber Enforcement Update: Which Way Are the SolarWinds Blowing?

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The SEC has been aggressively pursuing cybersecurity investigations and enforcement actions against public companies and foreign private issuers. In these actions, the SEC often alleges one of two theories: 1) that the...more

Benesch

“Forever Chemicals:” PFAS Litigation Expands In the Consumer Class Action Space

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There’s no doubt that waterproof and oil-proof materials serve a wide range of valuable purposes—for everything from raincoats and yoga pants, to fast food wrappers, to cosmetics and dental floss. ...more

Lewitt Hackman

Franchisor 101: Can’t Break the Broker

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A Minnesota federal court ruled in favor of a franchise broker on summary judgment. The court dismissed misrepresentation claims brought by a military veteran who alleged unlawful inducement to invest in a failed kickboxing...more

Lathrop GPM

The Franchise Memorandum - Issue # 265

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Welcome to The Franchise Memorandum by Lathrop GPM. Below are summaries of recent legal developments of interest to franchisors. Fraud/Misrepresentation - Minnesota Federal Court Rules that Fraud and Misrepresentation...more

Zelle  LLP

Don't Let Lies Infiltrate The Mediation Process

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Mediation is quickly becoming an even more important form of adjudication as courts have been significantly impacted by the COVID-19 pandemic. With the second surge in reported cases, courts across the nation have been...more

Lewitt Hackman

Franchisee 101: Expo is No Excuse

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A federal court in Missouri ruled that a franchisee’s fraud claim cannot be based on the franchisor’s prediction at a franchise expo of future success in the franchised business....more

Farrell Fritz, P.C.

Class Action Lawsuit Dismissed: Commercial Division Finds Company’s Alleged Misrepresentations and Omissions During Stock Sale...

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Many of us have previously heard the expression that there is a fine line between fact and fiction.  In securities law that holds especially true where companies that risk walking the “fine line” in their registration...more

King & Spalding

Northern District of California Dismisses Consumer Fraud Class Action Based on Failure to Allege Affirmative Misrepresentations,...

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On October 11, the Northern District of California dismissed a sprawling 14-state, 46-count putative class action in which the plaintiffs alleged that Apple computers were defective. ...more

McDermott Will & Emery

Latest Decision in Kona Beer Branding False Advertising Case

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The US District Court for the Northern District of California’s recent opinion in Broomfield v. Craft Brew Alliance, Inc., No. 17-cv-01027-BLF (Sept. 1, 2017) represents the latest decision in the now long-line of false...more

A&O Shearman

Northern District Of California Dismisses Putative Securities Class Action; Finds Company's Statements To Be Puffery And...

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On May 1, 2017, Judge Jon Tigar of the United States District Court for the Northern District of California dismissed a putative securities fraud class action against GoPro, Inc. (“GoPro” or the “Company”) and certain...more

Butler Snow LLP

Puff … Puff … Sue? Distinguishing an Aggressive Sales Pitch from an Actionable Misrepresentation

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Everyone’s heard it before: “This is the best phone on the market!” “There’s no faster internet anywhere!” “Best looking car you’ll see on the road!” “X Co. has the greatest brains behind it!”...more

Stinson LLP

MMPA Watch - Advertising Puffery Found Non-Actionable in Hurst v. Nissan

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The Missouri Court of Appeals recently overturned a jury verdict under the Missouri Merchandising Practices Act (MMPA) against Nissan North America, Inc., arising out statements made by Nissan in the advertising and promotion...more

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