News & Analysis as of

Unfair or Deceptive Trade Practices Public Policy

Nutter McClennen & Fish LLP

Massachusetts’ Highest Court Invalidates Limitation of Liability Clause in Commercial Lease, Citing Public Policy

The Massachusetts Supreme Judicial Court (SJC) recently ruled that a limitation-of-liability provision provides no protection for defendants who willfully or knowingly engage in unfair or deceptive conduct in violation of G....more

Lowenstein Sandler LLP

Five Tips To Help Navigate The Insurance Claims Process

Lowenstein Sandler LLP on

Companies purchase liability insurance, often referred to as “litigation insurance,” to help manage the risk of lawsuits they may face. Most policyholders understand that they need to provide notice of claims, but there are a...more

Orrick, Herrington & Sutcliffe LLP

State Attorneys General Newsletter – May 2021

The Washington State Legislature enacted legislation increasing civil penalties under the state’s consumer protection law. By substantially raising civil penalties, the new law provides the Attorney General significantly more...more

Orrick, Herrington & Sutcliffe LLP

State Attorneys General Update – April 2021

Federal Law Challenges by State Attorneys General - Attorneys General Challenge “Tax Mandate” Portion of American Rescue Plan - On March 11, 2021, President Joe Biden signed into law the $1.9 trillion “American Rescue Plan...more

Ward and Smith, P.A.

Evict Like a Jerk and Suffer the Consequences

Ward and Smith, P.A. on

As the pandemic shows little signs of abating, and many sectors of the economy continue to struggle, the relationship between commercial landlords and tenants may be strained. Commercial landlords may no longer be willing...more

Pillsbury Winthrop Shaw Pittman LLP

California Supreme Court Punts on FAA Preemption - Court invalidates waiver of public injunctive relief, declines to address...

Last month, the California Supreme Court handed down its unanimous decision in McGill v. Citibank N.A., holding that an arbitration provision that effectively waives a consumer’s statutory right to seek public injunctive...more

Foley & Lardner LLP

Private Arbitration Agreements which Prohibit Public Injunctive Relief Violate Public Policy and are Unenforceable Under...

Foley & Lardner LLP on

In an April 5, 2017 unanimous opinion, the California Supreme Court (the “Court”) held that private arbitration agreements which prohibit public injunctive relief in any forum are contrary to California public policy and...more

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