As reported today, Vice President Harris has announced Tim Walz, the sitting governor of Minnesota, as her running mate. This announcement is particularly significant for investment advisers due to the Advisers Act Political...more
A recent order from a federal magistrate judge provides helpful insight to parties concerning the destruction of evidence and the proof required to obtain the ultimate sanction of dismissal of a case as a result of such...more
Earlier this year, we reported on the potential breeding ground for litigation under Illinois’ Biometric Information Privacy Act (“BIPA”). A recent decision from an Illinois state appellate panel on the different limitations...more
10/4/2021
/ Biometric Information ,
Biometric Information Privacy Act ,
Data Collection ,
Data Privacy ,
Employer Liability Issues ,
Employment Litigation ,
Fingerprints ,
Personal Data ,
Personally Identifiable Information ,
Statute of Limitations ,
Statutory Violations
Illinois’ Biometric Information Privacy Act (“BIPA”) is alive and well as a potential breeding ground for litigation for tech companies. In the last month, two settlements have been announced in class actions where the...more
A previous blog post discussed FTC Chairwoman Slaughter’s first priority as the newly designated chairwoman – the COVID-19 pandemic. The FTC’s second priority, racial equity, can be broken down into two sub issues. First, the...more
On January 21, 2021, President Biden designated Federal Trade Commission (the “FTC”) Commissioner Rebecca Kelly Slaughter as acting chair of the FTC. Soon thereafter in one of her first speeches in her new role, Chairwoman...more
Summary of the Corporate Transparency Act under the National Defense Authorization Act for Fiscal Year 2021 -
On January 1, 2021, the Corporate Transparency Act (the “CTA”), which is part of the National Defense...more
Judge Cathy Ann Bencivengo of the U.S. District Court for the Southern District of California recently dismissed with prejudice a putative class action alleging that the Omni luxury hotel chain deceptively advertised its...more
The massive data breach of the United States Commerce and Treasury Departments that has roiled the federal government has resulted in federal securities litigation. On January 4, 2021, Plaintiff-Shareholder Timothy Bremer...more
1/8/2021
/ Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Security ,
Form 10-K ,
Form 10-Q ,
Hackers ,
Material Misrepresentation ,
Popular ,
Rule 10b-5 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Violations ,
SolarWinds
Judge Alison Nathan of the U.S. District Court for the Southern District of New York recently dismissed with prejudice a putative class action alleging Starbucks misrepresented itself as a “premium” coffee retailer. In doing...more
Following a three-day bench trial, Judge Jeffrey S. White of the Northern District of California recently held that Plaintiffs lack standing to pursue their false advertising claims against SeaWorld relating to its treatment...more
In a dispositive decision during a bench trial, federal district court Judge Nora Fischer of the Western District of Pennsylvania found that the FTC failed to present any credible expert testimony to support its suit for...more
On November 25, 2020, Proskauer filed a motion for leave to file an amicus brief on behalf of Citizens for Juvenile Justice and the Committee for Public Counsel Services, Youth Advocacy Division in support of Raymond...more
A split Ninth Circuit panel recently overturned a $24 million judgment in a class action lawsuit against Kimberly-Clark and its spinoff, Halyard Health. Bahamas Surgery Center v. Kimberly-Clark et al., No. 18-55478 (9th Cir....more
We recently blogged about a District of Massachusetts decision holding that it was not deceptive for Nestlé to omit from product labels the (alleged) existence of child labor in its cocoa supply chains. The First Circuit...more
On April 24, 2020, the First Circuit affirmed the District of Massachusetts’ dismissal of a case against General Electric on forum non conveniens grounds.
In 2011, an earthquake-induced tsunami struck the Fukushima Daiichi...more
5/12/2020
/ Abuse of Discretion ,
Choice-of-Law ,
Dismissals ,
Exclusive Jurisdiction ,
Fair Compensation ,
Forum Non Conveniens ,
Forum Selection ,
General Electric ,
Japan ,
Statute of Limitations ,
Tripartite Relationships
These are incredibly trying times, filled with concerns about what most of us have largely taken for granted – keeping ourselves and our families safe, being able to go to work each day, seeing loved ones and friends, and...more