Over the last few years, hundreds of lawsuits have been filed, and many more threatened, involving advertising claims that a product has no artificial preservatives or flavors. In many cases, the plaintiffs allege such...more
Blurred Lines: NAD Says Supplement Company Must Add Conspicuous Disclosures When Editorial Content Is Advertising - Once again, the National Advertising Division has examined the increasingly blurry line between...more
The European Union Parliament officially endorsed a directive on November 24, 2020, concerning representative actions that will allow collective lawsuits to protect the combined interests of consumers for alleged violations...more
Part 2: New Employment-Related Court Decisions Impacting California’s Public and Private Entities - California and federal courts handed down a number of labor and employment-related decisions last year, impacting...more
In 2007, the Equal Employment Opportunity Commission filed suit against a trucking company, alleging a pattern and practice of sexual harassment affecting a class of 270 female employees. The district court dismissed the...more
Until recently, legal principles surrounding unfairness, deception, and abusiveness have been defined primarily at the federal level, yet with perceived federal retrenchment from consumer protection, states have increasingly...more
• A U.S.-style class action regime looms large in the European Union. • The current draft legislation imports certain hallmarks of the system celebrated by U.S. plaintiffs’ lawyers, but there is uncertainty over what...more
Multidistrict litigation (MDL) has become a major component of the U.S. civil litigation system. MDLs now make up over half of the total civil caseload in the U.S., with product liability cases comprising the vast majority of...more
It’s almost inevitable; once a company grows its market to a certain size, its stakeholders are likely to face class-action litigation. Despite a downward trend in class-action defense expenditures from 2011 to 2014, spending...more
Earlier last week, attorneys in the Perkins Coie Food Litigation team joined top in-house counsel, defense attorneys and regulatory experts at the GMA Legal Conference which took place in New Orleans, LA. The conference...more
In four decisions from the past few months, the Seventh Circuit has staked out positions on several cutting-edge consumer class action issues. See In re: Subway Footlong Sandwich Marketing & Sales Practice Litig., 869 F.3d...more
In Take Two!: Congress Revives the Fairness in Class Action Litigation Act, Eversheds Sutherland discussed the provisions of the Fairness in Class Action Litigation Act of 2017 (H.R. 985; the Act), a reform bill designed to...more
If your organization is facing abusive litigation—or is concerned about that possibility—you may be pleased to know that, this week, the U.S. House of Representatives is expected to consider and pass four bills aimed at...more
In what is believed to be the first case nationwide seeking to strike down a groundbreaking corporate bylaw aimed at combatting frivolous shareholder class actions, Emergent Capital, Inc., has secured the dismissal with...more
In April 2015, the Supreme Court of Canada released its decision in Theratechnologies Inc. v 121851 Canada Inc., 2015 SCC 18, in which it emphasized the need for a robust screening mechanism to prevent unmeritorious secondary...more
In an opinion that could help remedy the problem of baseless merger litigation, a court applying North Carolina law recently refused to approve a class action settlement because the underlying lawsuit was without merit. ...more
A federal appeals court recently upheld a $750,000 award to an employer for the attorneys’ fees and expert witness fees it expended defending a frivolous class action brought by the EEOC. EEOC v. Peoplemark, Inc. The EEOC...more
In a recent landmark decision, a federal court in Iowa ordered the EEOC to pay an employer nearly $4.7 million in attorneys' fees and costs incurred by an employer while defending itself against class action claims brought...more