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Misrepresentation

Davies Ward Phillips & Vineberg LLP

Challenge to Amusement Park Price Promotions Adds to Roller Coaster of Canadian Drip Pricing Enforcement

Just months after obtaining a record C$38.9-million penalty in the first fully contested drip pricing case in Canada, the Competition Bureau has initiated a new drip pricing case against Canada’s Wonderland Company, the...more

Allen Matkins

Complaint Need Not Allege Fraud, Misrepresentation, Or Deceit To Be "Based Upon" A Corporation’s “Fraud, Misrepresentation or...

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In 2002, the California Legislature created the Victims of Corporate Fraud Compensation Fund as part of the Corporate Disclosure Act. There are a number of conditions that must be met to receive a payout from the fund.  One...more

BCLP

Fake Legal Authorities – AI Hallucination or Professional Negligence?

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Artificial intelligence (“AI”) has the potential to make significant changes to various aspects of the practice of law. It is possible that many lawyers will incorporate AI in doing legal work, one way or the other and to...more

ArentFox Schiff

American Chemistry Council v. Bonta: A Decision in Support of Trade and Professional Associations’ First Amendment Rights

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Does the First Amendment protect associations’ communications with their members when petitioning government agencies?...more

ArentFox Schiff

Companies Should Stop and Read the Tea Leaves After Latest False Advertising Verdict

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While we have previously written on Federal Trade Commission (FTC) enforcement of “Made in America” claims, a recent jury verdict shows that manufacturers should also be wary of potential consumer claims....more

Lathrop GPM

Ohio Federal Court Dismisses Franchisees’ Class Action Against Luxottica

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A federal court in Ohio dismissed a putative class action brought by franchisee-eyewear sellers against their franchisor, Luxottica of America. Brave Optical, Inc. v. Luxottica of Am. Inc., 2025 WL 962827 (S.D. Ohio Mar. 31,...more

Robinson+Cole Data Privacy + Security Insider

Workado Settles With FTC Over Alleged Misrepresentations of AI Accuracy

The Federal Trade Commission (FTC) issued a press release this week announcing that it settled with Workado over alleged misrepresentations of its ability to detect whether content was generated by artificial intelligence...more

Lathrop GPM

New York Federal Court Denies Summary Judgment on Franchise Sale Fraudulent Misrepresentation Claim

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A federal court in New York recently denied a franchisor’s motion for summary judgment on a franchisee’s claims for fraudulent misrepresentation. Cmty. Care Companions, Inc. v. Interim Healthcare, Inc., 2025 WL 929407...more

Carlton Fields

Litigation Under Construction: Recent Life Insurance and Long-Term Care Developments

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In Potovsky v. Lincoln Benefit Life Co., the Ninth Circuit Court of Appeals affirmed the dismissal of the insureds’ complaint for failure to sufficiently allege damages regarding the denial of a long-term care claim....more

Fisher Phillips

México se une a la tendencia global para proteger a los trabajadores de plataformas digitales: 7 consejos de cumplimiento para...

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Em importante que las empresas que operan en México se mantengan informados sobre cambios sustanciales a la Ley Federal del Trabajo dirigidos a proteger a los trabajadores de plataformas digitales. El Congreso mexicano...more

Fisher Phillips

Mexico Joins Growing Trend to Protect Digital Platform Workers: 7 Compliance Tips for Gig Economy Businesses

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Businesses operating in Mexico should be aware of substantial changes to the Federal Labor Law aimed at protecting digital platform workers. Specifically, the National Congress of Mexico enacted a decree in December 2024...more

Foley & Lardner LLP

What Every Multinational Company Should Know About … Customs Enforcement and False Claims Act Risks (Part II)

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As detailed in Part I of our three-part series on Minimizing Customs Enforcement and False Claims Act Risks, the combination of the new high-tariff environment, the heightened ability of Customs (and the general public) to...more

Orrick, Herrington & Sutcliffe LLP

Tennessee expands consumer protection against deceptive practices

On April 11, Tennessee enacted HB 911 (the “Act”), amending certain consumer protection measures. The Act introduces changes focusing on deceptive and unfair practices, motor vehicle-related misrepresentations, and regulatory...more

Hinch Newman LLP

Court Chops Up Measure of Damages in California CLRA Case for Deceptive “Made in USA” Claims

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A federal jury in the Central District of California has awarded $2.36 million in damages to a consumer class, finding that R.C. Bigelow Inc. (“Bigelow”), without limitation, violated the Consumer Legal Remedies Act and...more

Jones Day

ACCC Conducts Sweep of Online Statements for Compliance with Australian Consumer Law

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The Australian Competition and Consumer Commission ("ACCC") recently announced that it had conducted a sweep of more than 2,000 Australian retail websites that found some businesses' return policies and website terms and...more

Foley & Lardner LLP

Court Relies on Contractual Terms to Dismiss Dealership Suit Against Auto Manufacturer

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Decozen Chrysler Jeep Corp. (“Decozen”), a New Jersey-based automobile dealership, filed a lawsuit against Fiat Chrysler Automobiles, LLC (“FCA”), in U.S. District Court for the District of New Jersey alleging that FCA...more

Wiley Rein LLP

Coverage Barred for Portion of Settlements for Long Term Care Insurer’s Alleged Misrepresentations to Policyholders that...

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In a case in which Wiley represented one of the insurers, the Delaware Superior Court, applying Virginia law, has held that an exclusion in professional liability policies issued to an insurance company barring coverage for...more

WilmerHale

Supreme Court Expands the Scope of Injuries under RICO

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On April 2, 2025, the Supreme Court significantly expanded the scope of injuries entitled to treble damages under the Racketeer Influenced and Corrupt Organizations Act (“RICO”).  The Supreme Court held in Medical Marijuana,...more

Troutman Pepper Locke

Crypto Investment Firm Agrees to Pay New York AG $200M to Resolve Market Manipulation Allegations Regarding Sale of Failed Token

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On March 24, cryptocurrency investment firm Galaxy Digital Holdings (Galaxy) entered into an assurance of discontinuance (AOD) with New York Attorney General (AG) Letitia James to resolve allegations that Galaxy engaged in...more

Troutman Pepper Locke

Florida AG Settles Alleged Moving Brokerage Scheme, Banning Defendants and Securing $4M in Judgments

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On March 21, Florida Attorney General (AG) James Uthmeier’s Consumer Protection Division announced the resolution of ongoing litigation against a network of moving brokerage companies accused of misleading consumers. These...more

WilmerHale

Year in Review: 2024 AI Securities Litigation Trends

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Claims relating to statements about artificial intelligence (“AI”) have rapidly become a focal point in securities litigation. Similar to the past surge of “greenwashing” claims tied to climate change disclosures, in 2024 we...more

Carlton Fields

New York Federal Court Enforces Exclusion Barring Coverage for Claims Based on Any Misrepresentation, Regardless of Perceived...

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When state law provides that an insurance contract can be rescinded for misrepresentations only if they are “material,” can an insurer contract around that rule by adding an exclusion for all claims based on any...more

Cozen O'Connor

Florida Investigates Proxy Advisors Over DEI and ESG Investing Policies

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Florida AG James Uthmeier announced an investigation into whether proxy advising companies Glass Lewis & Co. and Institutional Shareholder Services Inc. may have misrepresented their diversity, equity, and inclusion (DEI) and...more

Blake, Cassels & Graydon LLP

Indications relatives à l’origine canadienne des produits : Risques liés à la réglementation et à la responsabilité civile

Les consommateurs canadiens sont de plus en plus favorables à l’idée de privilégier les produits locaux et, par conséquent, scrutent plus que jamais les étiquettes pour connaître l’origine des produits. De leur côté, les...more

Proskauer Rose LLP

Three Point Shot - March 2025

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Paddle Manufacturer in a Pickle: First Game to Plaintiffs in Consumer Protection Suit over Allegedly Mislabeled Pickleball Paddles - Sport Squad, Inc. (“Sport Squad”), a pickleball paddle manufacturer, has found itself in...more

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