Unfair Competition

California Court of Appeal Allows Injunction Under Unfair Competition Law To Prevent Horizontal Competitor From Diverting Business...

by Thomas Nevins | Sheppard Mullin Richter & Hampton LLP on 5/14/2013

For many years, California’s Unfair Competition Law had no traditional standing requirements. But since the passage of Proposition 64 in 2004, standing has been required, and standing continues to be litigated regularly. In...more

Reports Of Late Payments To Credit Reporting Agencies While Bankruptcy Is Pending Do Not Violate Federal And State Fair Credit...

by June D. Coleman, Danielle Teeters | Kronick, Moskovitz, Tiedemann & Girard on 5/3/2013

After filing for Chapter 7 bankruptcy, a consumer discovered that her credit report listed delinquent payments to a bank even though she had been current with her payments up to the date she filed. After disputing the report...more

Ninth Circuit: Injunctive Relief Claims Relating Only to Past Harms to a Limited Class Are Not Exempt From Arbitration

by Brian Martin, Amy L. Pierce, Christine Scheuneman, Nathaniel Smith | Pillsbury Winthrop Shaw Pittman LLP on 4/25/2013

Following the U.S. Supreme Court’s decision favoring arbitration clauses in AT&T Mobility LLC v. Concepcion, the Ninth Circuit Court of Appeals held in Kilgore v. KeyBank, N.A. that the Federal Arbitration Act (“FAA”)...more

Distribution in China – Legal Issues

by John Huang, Frank Schoneveld, Winston Zhao | McDermott Will & Emery on 4/4/2013

McDermott Will & Emery is pleased to offer “Distribution in China – Legal Issues*,” a one-stop resource covering distribution in China, including: The business models and legal structures most commonly used for...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- March 7, 2013

by Jonathan Zavin | Loeb & Loeb LLP on 3/8/2013

In This Issue: - Wild v. NBC Universal: Ninth Circuit affirms dismissal of copyright infringement claim without leave to amend, finding no substantial similarity between plaintiff’s graphic novel and NBC’s...more

UK Government Announces Proposals for an “Opt-Out” Collective Competition Damages Action

by Philip Bentley, Veronica Pinotti, Wilko van Weert, Philipp Werner | McDermott Will & Emery on 3/7/2013

On 29 January 2013, the UK Government’s Department for Business, Innovation & Skills announced new proposals designed to improve the ability for consumers and businesses to bring collective damages claims against competition...more

California Supreme Court Clarifies Statute Of Limitations For Unfair Business Practices

by CMCP - California Minority Counsel Program on 3/5/2013

Resolving a split between California appellate and federal courts, the California Supreme Court, in Aryeh v. Canon Bus. Sols., Inc., Case No. 8184929 (Jan. 24, 2013), clarified that actions under California’s Unfair...more

When is Late Too Late?

by Thomas LoSavio | Low, Ball & Lynch on 2/25/2013

The statute of limitations defense seems simple: when a party has waited too long to bring a claim, the claim is barred by the passage of time prescribed by the Legislature. Complexity arises when the following factors are...more

Attorney General Prevails In Lawsuit Against Income Tax Preparation Company

by June D. Coleman, Danielle Teeters | Kronick, Moskovitz, Tiedemann & Girard on 2/22/2013

The Attorney General brought a lawsuit against an income tax preparation business alleging violations of state and federal lending, consumer protection, unfair competition, and false advertising laws. The court of appeal...more

California Attorney General Brings Action Against Standard and Poor’s

by Orrick - Structured Finance Group on 2/20/2013

On February 5, the Attorney General of California, Kamala D. Harris, filed suit in Superior Court in California against Standard & Poor’s and its parent company, the McGraw Hill Company. The Complaint alleges violations of...more

Preemption Still Has Teeth: The FDCA Keeps California False Advertising Claims at Bay in Pom Wonderful Suit

by Alexis Amezcua | Morrison & Foerster - Private Surgeon... on 2/15/2013

As we have noted in prior posts (FDCA, POM, preemption), the Food, Drug, and Cosmetic Act (“FDCA”) can provide a powerful tool to food companies that are hit with claims about their labeling. Yesterday, Judge Otero in the...more

Class Certification Denied In Recent Consumer Products False Advertising Cases

by Nicole Skolout | BakerHostetler on 2/14/2013

In a number of recent district court decisions from across the country, courts have denied requests to certify nationwide or statewide classes in cases involving consumer products. These decisions could prove helpful in...more

California Supreme Court Gives California’s Unfair Competition Law More Coverage

by Brandon Barker, Evan Nadel, Harvey Saferstein | Mintz Levin - Litigation on 2/12/2013

The California Supreme Court, in Aryeh v. Canon Business Solutions, Inc., 2013 WL 263509 (January 24, 2013), resolved a split in the lower appellate courts over the applicability of common law rules of accrual to the statute...more

REGULATORY: EU Competition Law: Competition Law and the Energy Sector – EU, UK, and Beyond; Looking Ahead to 2013

by King & Spalding on 2/7/2013

Since it is early in 2013 (according to the Gregorian calendar), this competition law update considers possible competition law developments in the year ahead. Rather than a “Janus” approach of rounding up last year, it...more

California Supreme Court Clarifies Equitable Exceptions Applicable to Statute of Limitations in Unfair Competition Lawsuits

by Ropes & Gray LLP on 2/6/2013

On January 24, 2013, the California Supreme Court in Aryeh v. Canon Business Solutions, Inc., clarified previously unsettled law by holding that the so-called “continuous accrual” common law theory of equitable tolling...more

Speaking Of . . . Insurance Coverage - Is There Coverage For Alleged “Disparagement” Of Another Company’s Product? One California...

by Walter Judge | Downs Rachlin Martin PLLC on 2/4/2013

We previously discussed the troubling issues of: a) whether your company’s insurance policy(ies) actually provides coverage for claims of IP infringement, and b) which of your policies is the one(s) you should be looking to...more

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California Court of Appeal Allows Injunction Under Unfair Competition Law To Prevent Horizontal Competitor From Diverting Business...

Reports Of Late Payments To Credit Reporting Agencies While Bankruptcy Is Pending Do Not Violate Federal And State Fair Credit...

Ninth Circuit: Injunctive Relief Claims Relating Only to Past Harms to a Limited Class Are Not Exempt From Arbitration

Distribution in China – Legal Issues

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- March 7, 2013

UK Government Announces Proposals for an “Opt-Out” Collective Competition Damages Action

California Supreme Court Clarifies Statute Of Limitations For Unfair Business Practices

When is Late Too Late?

Attorney General Prevails In Lawsuit Against Income Tax Preparation Company

California Attorney General Brings Action Against Standard and Poor’s

Preemption Still Has Teeth: The FDCA Keeps California False Advertising Claims at Bay in Pom Wonderful Suit

Class Certification Denied In Recent Consumer Products False Advertising Cases

California Supreme Court Gives California’s Unfair Competition Law More Coverage

REGULATORY: EU Competition Law: Competition Law and the Energy Sector – EU, UK, and Beyond; Looking Ahead to 2013

California Supreme Court Clarifies Equitable Exceptions Applicable to Statute of Limitations in Unfair Competition Lawsuits

Speaking Of . . . Insurance Coverage - Is There Coverage For Alleged “Disparagement” Of Another Company’s Product? One California...

California Supreme Court Resolves Split Over Accrual Rules for Unfair Competition Claims

The Expansion of Potential Class Size (and Exposure) Under Aryeh v. Canon Business Solutions, Inc.

Jury Verdict Highlights Dangers of Destroying Evidence

California Supreme Court Allows "Continuous Accrual" Doctrine to Avoid Statute of Limitations for "Unfair" UCL Claim

Ninth Circuit Affirms Dismissal Of Unfair Competition Claims Over Teaser Rates

Infobytes - A Weekly In-depth review of news & developments in the financial services industry - January 11, 2013

Ninth Circuit Vacates Restitution Order In Overdraft Ordering Case, Allows State Fraud Claims To Proceed

California Law Soon To Require Written Contracts For Employees Paid On Commission (AB 1396; Cal. Labor Code § 2751)

Non-Compete Suits and TROs - Part 3

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