News & Analysis as of

Settlement Unfair Competition

Troutman Pepper

Ticketing Company Agrees to COVID-19 Customer Refunds

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California Attorney General (AG) Rob Bonta has settled with StubHub, Inc. (StubHub) for alleged violations of the Unfair Competition Law and False Advertising Law. The complaint accuses StubHub of making misleading statements...more

Venable LLP

California Attorney General's Recent Enforcement of CCPA and COPPA

Venable LLP on

On June 18, 2024, California Attorney General (AG) Rob Bonta announced a third CCPA enforcement settlement, this one with Tilting Point Media LLC. Tilting Point was allegedly using its mobile app game "SpongeBob: Krusty...more

McDonnell Boehnen Hulbert & Berghoff LLP

CVS Pharmacy Inc. v. Forest Laboratories Inc. (2d Cir. 2024)

In a decision characterized (somewhat remarkably) by the Circuit Court as being one of first impression, the Second Circuit affirmed dismissal with prejudice of an antitrust allegation by a class of plaintiffs* against Forest...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - August 2023 - 2

Kardashian Kopycat? Energy Drink Company Claims Competitor Stole Kim's Copyrighted Look - The Instagram posts look nearly identical, in a blink-and-you'll-miss-the-difference kind of way—or so says the complaint filed by...more

Mintz - Antitrust Viewpoints

FTC Proposed Settlement Requires Private Equity Firm to Divest Shares, Relinquish Potential Board Seat, and Other Expansive...

The Federal Trade Commission (“FTC”), the Department of Justice Antitrust Division (“DOJ”), and the new proposed merger guidelines have all called out private equity transactions for particular scrutiny. The FTC just...more

Perkins Coie

Recent Large Government Settlements Reflect Unique Risks to Employers for Antitrust Violations

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Employers who share information with competitor employers about employee compensation, including wages and benefits, face greater risks of government investigations into violations of antitrust laws. The U.S. Department of...more

ArentFox Schiff

Class Action Quarterly Update: Privacy and Data Protection

ArentFox Schiff on

Second Circuit Denies Settlement of Data Breach Case Due to Lack of Standing - As we previously reported, in April 2021, the Second Circuit became the latest federal circuit to hold that an individual may establish Article...more

Davis Wright Tremaine LLP

Stay ADvised: What's New This Week - May 2021

Shining a metaphorical light on claims about solar panels, the office of New Jersey State Attorney General Gurbir S. Grewal has entered into a consent order compelling a company accused of deceptive advertising its solar...more

Hogan Lovells

Germany: Unlicensed Hard Rock Cafe in Heidelberg Germany ceases operation

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After years of litigation Hogan Lovells achieved a ground-breaking settlement for the Hard Rock Group. A restaurant with the same name which operated without a license in Heidelberg will cease to operate at the end of...more

Seyfarth Shaw LLP

Litigating California Wage & Hour and Labor Code Class Actions

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Introduction and Overview - Since the turn of the century, there has been a huge increase in the number of class action lawsuits alleging violations of California’s overtime laws or other Labor Code statutes and wage and...more

Manatt, Phelps & Phillips, LLP

Advertising Law - July 2016 #2

VW Will Pay $14.7B in Largest FTC False Ad Suit - Volkswagen made a $14.7 billion deal with the Federal Trade Commission, the Department of Justice, and the California Attorney General over charges that the auto...more

BakerHostetler

California Court Rejects Tuna Settlement Over Scope of Release

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In recent years, courts have been more carefully scrutinizing class action settlements. A recent example is Hendricks v. Starkist Co., Case No. 3:13-cv-00729 (N.D. Cal. Feb. 19, 2016), where the U.S. District Court for the...more

McDermott Will & Emery

Drug Testing Company Settles FTC Case Alleging Invitation to Collude

McDermott Will & Emery on

The FTC has entered into a final settlement with Drug Testing Compliance Group LLC (DTC Group) by order issued January 21, 2016, resolving an administrative case that alleged DTC Group had invited a competitor to collude with...more

Polsinelli

Practices, Optics and Implications: A Cautionary Tale from the North Broward Hospital District Settlement

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The $69.5 million settlement by North Broward Hospital District in Fort Lauderdale, Florida to resolve False Claims Act allegations paints a cautionary tale of the importance of hospital practices and optics in connection...more

Manatt, Phelps & Phillips, LLP

Advertising Law - August 2015 #3

Ad Group to FTC: Keep Right to Be Forgotten Out of U.S. - Responding to a petition filed by Consumer Watchdog with the Federal Trade Commission seeking an expansion of the “Right to Be Forgotten” to the United States,...more

Manatt, Phelps & Phillips, LLP

Advertising Law - July 2015

Try, Try Again: Lawmakers Reintroduce Do Not Track Kids Act - A group of federal lawmakers reintroduced the Do Not Track Kids Act, a bill to amend the Children’s Online Privacy Protection Act (COPPA), with some changes...more

Proskauer - Advertising Law

Catch of the Day: Tuna Fish Brand StarKist Swims into a Sea of Trouble After Agreeing to Settle Claims Against It

StarKist Co. recently agreed in principle to a $12 million settlement with a putative class of plaintiffs concerning alleged under-filling of tuna fish cans. But agreeing on the dollar figure seems to have been the easy part;...more

Robinson & Cole LLP

State Enforcement Actions Following Class Settlements Addressed By Ninth Circuit

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A recent Ninth Circuit decision caught my eye. It addressed whether a state enforcement action can be barred by a class action settlement on the same issue, finding that it was barred in part, to the extent the suit sought...more

Sheppard Mullin Richter & Hampton LLP

The Ninth Circuit Holds That Res Judicata Bars State Recovery of Restitution for Members of a CAFA-Compliant Class Action

In California v. Intelligender, LLC, the Ninth Circuit ruled that final judgment in a CAFA-compliant class settlement barred the State of California from seeking restitution on behalf of members of the settlement class for...more

McDermott Will & Emery

Res judicata Does Not Bar Claims Arising After Prior Litigation, Even One Based on Similar Conduct

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TechnoMarine SA v. Giftports Inc. - Addressing whether a prior litigation between the parties resolving claims of unfair competition bars subsequent suit over similar conduct occurring after settlement of the earlier...more

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