News & Analysis as of

Failure To Disclose

Kohrman Jackson & Krantz LLP

Title IX and Conduct Allegations: Law Student Disclosure Before Resolution

Many graduate applications inquire about prior disciplinary history. Some employers also request information about suspensions or expulsions, particularly in professions with licensing requirements. In these circumstances,...more

Sheppard

Ninth Circuit Dismisses Brita Class Action Over Alleged Contaminants, Holding No Reasonable Consumer Would Expect Complete Removal

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In Brown v. Brita Prods. Co., No. 24-6678 (9th Cir. Apr. 16, 2026), the Ninth Circuit recently affirmed the dismissal of a putative class action against The Brita Products Company, alleging violations of California’s consumer...more

Fisher Phillips

10 Biggest Mistakes Businesses Make When Deploying AI Chatbots – And 10 Fixes You Can Make Today

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Your business is probably already using AI-powered chatbots to handle customer service inquiries, screen job applicants, answer employee HR questions, and manage internal workflows. But legal exposure is growing fast,...more

Hudson Cook, LLP

FTC Announces $10 Million Settlement with Ticket Sale Website for Failing to Provide All-In Price Disclosures

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In May 2025, the Federal Trade Commission's Rule on Unfair and Deceptive Fees (the "Fees Rule") took effect. The Rule prohibits hidden fees in the live-event ticketing and short-term lodging industries under the theory that...more

Venable LLP

State AGs Sue OneMain Financial Over Deceptive Loan Add-Ons 

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Last week, attorneys general from 13 states filed a federal lawsuit in the Southern District of New York against OneMain Financial (OneMain) and affiliated companies, alleging deceptive and unfair practices related to the...more

Venable LLP

FTC Lawsuit Targets JustAnswer for Alleged ROSCA and Subscription Disclosure Violations

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Last week, the Federal Trade Commission (FTC) filed a lawsuit in federal court against JustAnswer LLC and its CEO, arising from the company’s subscription program. According to the complaint, JustAnswer operates an online...more

BakerHostetler

The Reviews Are In: FTC Warns Companies of Potential Consumer Review Rule Violations

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Bah, humbug! Certain advertisers received a lump of coal in their stockings from FTC staff. Right before the holidays, the Commission issued warning letters to 10 companies alerting them of potential violations of the...more

Hogan Lovells

The road to redress: FCA’s motor finance commission consultation explained

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On 7 October 2025, the FCA published its much anticipated consultation paper (CP 25/27) on a proposed industry-wide redress scheme for motor finance customers deemed to have been treated unfairly due to inadequate disclosure...more

Orrick, Herrington & Sutcliffe LLP

California DFPI seeks $60.8M fine against crypto-asset ATM operator

On September 18, the California DFPI ordered a digital financial asset kiosk operator to cease operations for violating the state’s Consumer Financial Protection Law and Digital Financial Assets Law by allegedly operating...more

A&O Shearman

Southern District of New York Dismisses Securities Fraud Claims Against E-Commerce Company

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On September 10, 2025, Judge Vernon S. Broderick of the Southern District of New York granted a motion to dismiss a putative securities fraud class action brought against an e-commerce company (the “Company”) and its founder,...more

Fisher Phillips

Washington Supreme Court Allows Any Job Applicant to Sue under Pay Transparency Statute: 3 Steps You Should Take To Reduce Your...

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The Washington Supreme Court just made it easier for plaintiffs to bring costly lawsuits against employers for violations of the state’s highly technical job posting requirements, making compliance more important than ever....more

Goldberg Segalla

Defendants Win Summary Judgment in Shipyard Case Due to Plaintiffs Failure to Timely Disclose Experts

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On September 12, 2023, plaintiffs Monica Kelly-Lewis, Gia Lewis-Grows, and Levar Lewis, successors to the estate of decedent Brouney Lewis, filed this asbestos action in Louisiana State Trial Court in the Parish of Orleans....more

A&O Shearman

Ninth Circuit Affirms Dismissal of Putative Class Action Against Pharmaceutical Company for Failure to Adequately Allege Falsity...

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On August 20, 2025, the United States Court of Appeals for the Ninth Circuit affirmed the dismissal of a putative class action asserting claims under the Securities Exchange Act of 1934 against a pharmaceutical company and...more

Kelley Drye & Warren LLP

Influencer Lawsuit Dismissed on Procedural Grounds

In 2022, Alin Pop was scrolling through his Instagram feed, when he found influencers promoting Luli Fama swimwear. ​“Pop followed what he believed to be the honest advice of the influencers,” and purchased some products for...more

Lewitt Hackman

Franchisor 101: A Franchise Nondisclosure Document

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A California federal court denied a motion to dismiss a former franchisee’s complaint against a healthcare recruitment franchisor’s Chief Executive Officer....more

Venable LLP

FTC Settles with NextMed Over Deceptive Pricing, Hidden Material Terms, and Fake Reviews and Testimonials in Telehealth Membership...

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This week, the Federal Trade Commission (FTC) announced a settlement with NextMed parent company Southern Health Solutions, Inc., in response to allegations that the telemedicine platform offered deceptive claims and fake...more

The Volkov Law Group

BIS Levies $4.25 Million Penalty Against Alpha and Omega Semiconductor for Unauthorized Exports to Huawei

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On June 27, 2025, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) issued a final order resolving administrative enforcement proceedings against Alpha and Omega Semiconductor Incorporated (“AOS”), a...more

Wiley Rein LLP

Insurance Policy Voided Due to Attorney’s Failure to Disclose Disciplinary History

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The United States District Court for the Southern District of West Virginia, applying West Virginia law, has held that an insurer was entitled to rescind an insurance policy based on the insured’s misrepresentations regarding...more

Fisher Phillips

AI Call-Monitoring Lawsuits Are Heating Up: 5 Steps Your Business Can Take to Minimize Risk

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A new lawsuit just filed against an AI software provider offers a clear warning for any business using artificial intelligence to monitor or record customer service calls. On June 13, a California plaintiff filed a federal...more

Benesch

Dialysis & Nephrology Digest - May 2025

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DOJ scores first victory in criminal antitrust labor market trial - A federal jury convicted a former home healthcare staffing executive in Las Vegas for orchestrating a three-year wage-fixing conspiracy targeting...more

Venable LLP

SEC Must Return $93 Million Penalty, First Circuit Says

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The First Circuit, in a closely watched securities case, reversed a $93 million summary judgment ruling for the Securities and Exchange Commission this April. ...more

A&O Shearman

Eastern District Of Wisconsin Dismisses Class Action Against Energy Products Company For Failure To Allege Falsity, Scienter, And...

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On February 7, 2025, Judge Brett H. Ludwig of the United States District Court for the Eastern District of Wisconsin dismissed a putative class action alleging that an energy product sales company (the “Company”) and its...more

Stinson - Corporate & Securities Law Blog

SEC Announces Settlement with Express, Inc. for Failure to Disclose CEO Perks

On December 17, 2024, the Securities and Exchange Commission (“SEC”) announced that it had settled charges against Ohio-based Express, Inc. (“Express”). The SEC ultimately found that Express violated Sections 13(a) and 14(a)...more

BCLP

Perk Redux - Yet Another Company Stumbles Over SEC Executive Compensation Rules

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On December 17, 2024, the SEC announced settled charges against Express, Inc. for failing to disclose perks paid to its then CEO, including personal use of airplanes. Without admitting or denying the SEC’s findings,...more

Fenwick & West LLP

SEC Charges Retailer with Failing to Disclose Aircraft Perks

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On December 17, the U.S. Securities and Exchange Commission announced it settled charges against fashion retailer Express, Inc. for failing to disclose $979,269 worth of perquisites and personal benefits provided to its...more

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