News & Analysis as of

Unfair Trade Practices Act

Robinson+Cole Construction Law Zone

Under New York Law a Recourse Provision Bars Most Claims Except for Fraud

In Iberdrola Energy Projects v. Oaktree Capital Management L.P., 231 A.D.3d 33, 216 N.Y.S.3d 124, the Appellate Division for the First Department ruled that a nonrecourse provision in a contract barred a plaintiff’s causes of...more

Benesch

Reciprocal Tariff Comment Period - One Week Remains to Submit

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One week remains for clients to submit comments in response to review of potential reciprocal tariffs being conducted by the U.S. Trade Representative (“USTR”). Comments are due by March 11, 2025. The USTR solicited comments...more

Kohrman Jackson & Krantz LLP

Copycats or Common Trends? Legal Battle Between Influencers Over "Clean Girl" Aesthetic

A recent lawsuit in Texas highlights the challenges social media influencers face in protecting their intellectual property. Sydney Nicole Gifford, a well-known influencer, claims that Alyssa Sheil copied her “vibe,” –...more

Lathrop GPM

South Carolina Federal Court Denies a Motion to Dismiss a Dietary Supplement Company’s Trademark Infringement Claims in Connection...

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A federal court in South Carolina recently denied Amazon sellers Reza Davachi, Rez Candles Inc., Parvin Davachi, and PBD Collectibles LLC’s (collectively, Davachi) motion to dismiss Thorne Research, Inc.’s trademark...more

Bowditch & Dewey

What Massachusetts Owner-Occupied Residential Property Owners (and Solar Panel Installers) Need to Know Before Contracting for...

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In July, 2024, the Connecticut Attorney General filed suit alleging that certain solar panel installers had violated the Connecticut Unfair Trade Practices Act (“CUTPA”) by: - engaging in conduct that violates public...more

Akin Gump Strauss Hauer & Feld LLP

CryptoLink - August 2024 Updates

The Senate has yet to take action on the 21st Century Act (FIT21) (H.R.4763) which passed the House by a comfortable margin of 279-136 on May 22, 2024. FIT21 is a proposed landmark piece of legislation that would enact a...more

Cozen O'Connor

Pennsylvania Strengthens Consumer Protections for Car Buyers

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Pennsylvania AG Michelle Henry has announced an amendment to the Pennsylvania Automotive Industry Trade Practices regulations to improve transparency for consumers in automobile advertising and sales....more

Cozen O'Connor

Does an Optional Release Constitute Bad Faith?

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In Brodowy v. Progressive Direct Ins. Co., the Ninth Circuit affirms the district court’s granting of Progressive Direct Insurance Company’s (“Progressive”) motion for summary judgment as to claims alleging bad faith and...more

Goldberg Segalla

PA Supreme Court Ruling Provides Consumers Both Treble and Punitive Damages Under UTPCPL

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The Pennsylvania Supreme Court recently gave consumers a huge win by allowing them to recover both treble damages and punitive damages under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (UTPCPL)....more

Braumiller Law Group, PLLC

Tariffs and Trade

“Those who cannot remember the past are condemned to repeat it.” - George Santayana. As an example of this I present to you the Smoot-Hawley Tariff Act of 1930. If you are not familiar with this, it is worth taking a moment...more

Houston Harbaugh, P.C.

Here Comes Treble: Pennsylvania Supreme Court holds treble damages under the UTPCPL cannot be limited by punitive damages

Houston Harbaugh, P.C. on

On April 25, 2024, the Supreme Court of Pennsylvania held that trial courts considering violations of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (“UTPCPL”) may not limit damages because of separate...more

White & Case LLP

United States Expands and Strengthens Enforcement of Antidumping and Countervailing Duty Laws

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On March 25, 2024, the US Department of Commerce (“DOC”) published a final rule revising substantive and procedural aspects of antidumping duty (“ADD”) and countervailing duty (“CVD”) investigations. The changes enter into...more

Pullman & Comley, LLC

Significant 2023 Connecticut Health Care Case Law

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Pullman & Comley’s annual review of significant case law affecting Connecticut health care providers summarizes a number of important decisions issued in 2023 by Connecticut state and federal courts. Among the highlights are...more

Davis Wright Tremaine LLP

CFTC Division of Enforcement, FY 2023: A Year in Review and Looking Ahead

On November 7, 2023, the Division of Enforcement ("Division") of the United States Commodity Futures Trading Commission ("CFTC") released its annual report of the results of its enforcement efforts, announcing that it had...more

Stevens & Lee

Patients Suing Hospitals for Antitrust Violations – Do They Have Standing?

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A recently decided case out of Connecticut provides a useful examination of how antitrust standing issues may be analyzed in cases involving commercially-insured patients directly suing a health care system alleging economic...more

McDermott Will & Emery

Missed Shot: Lawsuit Against Related Company Doesn’t Toll Prescriptive Period

McDermott Will & Emery on

The US Court of Appeals for the Fifth Circuit affirmed a district court’s decision to dismiss claims under the Louisiana Unfair Trade Practices Act (LUTPA), finding that a dispute against a related company did not toll the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

National Association of Insurance Commissioners (NAIC) 2023 Summer Meeting Summary

The Mitchell Williams Insurance Regulatory team of lawyers recently attended the National Association of Insurance Commissioners (NAIC) 2023 Summer National Meeting which was held in Seattle, Washington. We have prepared a...more

Troutman Pepper Locke

NAIC Working to Extend Authority Over Health Insurance Lead Generators

Troutman Pepper Locke on

Late last month, the NAIC Improper Marketing of Health Insurance (D) Working Group met in a public session to discuss revisions to the Unfair Trade Practices Act (Model# 880) to include health insurance lead generators. The...more

Morrison & Foerster LLP - Social Media

WALLSTREETBETS Founder Loses Trademark Suit Against Reddit

In Jaime Rogozinski v. Reddit Inc, U.S. District Judge Maxine M. Chesney for the Northern District of California dismissed WALLSTREETBETS Reddit community founder Jamie Rogozinski’s claims against Reddit for trademark...more

Morrison & Foerster LLP

European Digital Compliance: Key Digital Regulation & Compliance Developments July 2023

To help organizations stay on top of the main developments in European digital compliance, Morrison Foerster’s European Digital Regulatory Compliance team reports on some of the main topical digital regulatory and compliance...more

Wiley Rein LLP

Leveling the Playing Field 2.0 Act Introduced to Update and Strengthen U.S. Trade Remedy Laws

Wiley Rein LLP on

On June 7, 2023, the U.S. House of Representatives and U.S. Senate introduced bipartisan legislation that would give the U.S. government 21st Century tools to combat unfair trade practices. The Leveling the Playing Field 2.0...more

K&L Gates LLP

Pricing and Selling of Essential Services, Greenwashing, Unfair Contract Terms, Among the ACCC's 2023-24 Compliance and...

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The Australian Competition and Consumer Commission (ACCC) Chair, Gina Cass-Gottlieb, has outlined the Commission's ambitious compliance and enforcement priorities for 2023-24....more

McGlinchey Stafford

New laws shed light, confusion on La. home improvement regs

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Over the past twenty years, Louisiana has been hit by numerous natural disasters, each of which brings a new wave of unlicensed and unqualified home improvement contractors to the state. During the 2022 legislative session,...more

Foley & Lardner LLP

How New Public Nuisance Claims Are Targeting Gun Cos.

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What do creative lawyering, Indiana politics and a brazen New York Legislature have in common? A long and storied history involving public nuisance claims against the gun industry. Originally published in Law360 -...more

Wiley Rein LLP

Administration Files Remand Results in Litigation Over Section 301 Tariffs

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On August 1, 2022, the Office of the U.S. Trade Representative (USTR) filed remand results with the U.S. Court of International Trade (CIT) in a major litigation over the lawfulness of import duties levied on Chinese goods...more

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