News & Analysis as of

Private Right of Action Manufacturers

Benesch

In California, Written Consumer Warranties Can No Longer Commence Before Delivery

Benesch on

On July 1, 2023, an amendment to California’s Song-Beverly Consumer Warranty Act (“Song-Beverly” or the “Act”) took effect, prohibiting express warranties for consumer goods sold in California from beginning before the date...more

Downey Brand LLP

Proposition 65 Notices of the Month – August 2020: Leafy Greens, Crackers, Fishing Weights, Shaving & Bath Gel, Mascara, Plastic...

Downey Brand LLP on

August 2020 marked the end of COVID-19 summer, back-to-Zoom-school for families, and in the Proposition 65 (“Prop. 65”) world, a continued shift in trends of Prop. 65 claims. In August, citizen enforcers sent just under 300...more

Pullman & Comley, LLC

“THAT'S NOT FAIR!” How Soto v. Bushmaster Changed the Interpretation of the Connecticut Unfair Trade Practices Act to Permit...

Pullman & Comley, LLC on

Next year marks 47 years of the Connecticut Unfair Trade Practices Act, or “CUTPA,” codified at Connecticut General Statutes §42-110a, et seq., and originally passed in 1973. They have been an eventful 47 years indeed. ...more

Perkins Coie

Regulating the Security of Connected Devices: Are You Ready?

Perkins Coie on

As if businesses did not have enough on their plates as they prepare for the California Consumer Protection Act and similar privacy laws in other states, manufacturers of Internet of Things (IoT) devices (objects that connect...more

Butler Snow LLP

Express Preemption of Consumer Protection Actions: Preventing a Patchwork of State Drug and Device Regulations

Butler Snow LLP on

The Supremacy Clause of the United States Constitution declares federal law to be the “supreme Law of the Land.” Thus, when federal law and state law conflict, the state law is “preempted,” or rendered without effect. Under...more

Womble Bond Dickinson

First of its Kind: California to Require IoT Device Security Measures

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The new California Consumer Privacy Act is not the only California privacy law that companies will have to prepare for in 2019. Beginning on January 1, 2020, California will also require a manufacturer of a “connected device”...more

Jones Day

California to Regulate Security of IoT Devices

Jones Day on

The Situation: California is the first state to specifically regulate the security of connective devices, which are commonly referred to as internet of things ("IoT") devices. The Result: The new law mandates that...more

Brooks Pierce

Not In My House – California To Regulate IoT Device Security

Brooks Pierce on

On Friday, Sept. 28, 2018, California Governor Jerry Brown signed into law first-in-the-nation legislation requiring that manufacturers include “reasonable security features” on any device that is “capable of connecting to...more

Mintz - Privacy & Cybersecurity Viewpoints

“Hey Alexa – Tell Me About Your Security Measures”

California continues to lead the nation in cybersecurity and privacy legislation on the heels of the recent California Consumer Privacy Act of 2018 (“CCPA”). Governor Brown recently signed into law two nearly identical bills,...more

McDermott Will & Emery

Expansion of Liability in Product Labeling Cases

McDermott Will & Emery on

An unprecedented surge in consumer fraud lawsuits over the last several years has consumers and lawyers closely scrutinizing product labels and advertisements. While many of these claims challenge the veracity of “Organic,”...more

Fenwick & West LLP

Litigation Alert: The Sixth Circuit Expands Potential Federal Wiretap Act Liability for Developers and Sellers of Cloud-Based...

Fenwick & West LLP on

Last week, the Sixth Circuit expanded potential liability for violations of the Federal Wiretap Act for manufacturers of devices that can be used for wiretapping, like monitoring software, in reversing the dismissal of a...more

Cozen O'Connor

New Weapon For Manufacturers: Defend Trade Secrets Act of 2016

Cozen O'Connor on

On May 11, 2016, President Barack Obama signed the Defend Trade Secrets Act of 2016 (the “DTSA”), which provides a federal civil cause of action to manufacturers for the misappropriation of trade secrets under the Economic...more

Robinson+Cole Manufacturing Law Blog

How Passage of Trade Secrets Act Will Help Manufacturers: An Update

Last month, we posted about the United States Senate’s passage of the Defend Trade Secrets Act of 2016. Breaking news: It passed. On May 11, 2016, President Barack Obama signed the Defend Trade Secrets Act of 2016...more

Robinson+Cole Manufacturing Law Blog

How Passage of Trade Secrets Act Will Help Manufacturers

This week, the United States Senate passed the Defend Trade Secrets Act of 2016, which, if passed by the House and signed into law by President Obama, would give trade secret owners, including manufacturers, a federal private...more

Allen Matkins

Plaintiffs Continue To Search For Private Cause Of Action Under Transparency In Supply Chains Act

Allen Matkins on

Last January, I wrote about one plaintiff’s unsuccessful attempt to pursue claims against the maker of Fancy Feast cat food for failure to disclose the alleged use of forced labor. Barber v. Nestlé USA, Inc., 2015 U.S. Dist....more

Robinson+Cole Data Privacy + Security Insider

Smart-TV now regulated under new California law

Californians are now protected from smart-TV eavesdropping under new law, Assembly Bill 1116, which requires that smart-TV manufacturers ensure that voice-recognition features will not be enabled without consumer consent, and...more

Beveridge & Diamond PC

DuPont Wins Partial Summary Judgment in Drinking Water MDL

An Ohio federal district court gave E.I. DuPont de Nemours and Co. a partial victory in litigation over ammonium perfluorooctanoate (“C-8”) drinking water contamination in Ohio and West Virginia by granting partial summary...more

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