News & Analysis as of

Unfair Trade Practices Act

Lincare Settles Class Action Data Breach Case with Employees

Lincare Holdings Inc. (Lincare), following mediation, recently entered into a settlement with its employees regarding a data breach that took place on February 3, 2017. ...more

Caveat Emptor: The New Face of Consumer Protection in Singapore

by Morgan Lewis on

The Competition and Consumer Commission of Singapore’s mandate broadened as of 1 April 2018 to include the administration and enforcement of the Consumer Protection (Fair Trading) Act. With this expanded mandate and increased...more

Court Makes Motion to Dismiss in Trademark Dispute Magically Disappear

A basic tenet of litigation is that the court must have personal jurisdiction over the parties to the case. In one recent decision, an out-of-state defendant in a trademark infringement dispute could not use a motion to...more

Pennsylvania Supreme Court Clarifies Reach of Commonwealth’s Consumer Protection Law l Hoverboards, Magnetic Balls, and Pet...

Pennsylvania Supreme Court Clarifies Reach of Commonwealth’s Consumer Protection Law - On February 21st, the Pennsylvania Supreme Court ruled that Pennsylvania’s consumer protection law allows out-of-state consumers to sue...more

Employees Again Sue Jimmy John's Based on Hiring Restriction

A few years ago, the Jimmy John’s sandwich restaurant chain ran into problems over noncompetition agreements entered into with hourly workers at its franchisees’ stores. Several state attorneys general contended that...more

Trade Barrier on Solar Cells and Modules to Significantly Impact US Solar Industry

On January 22, 2018, U.S. Trade Representative (USTR) Robert E. Lighthizer announced that President Donald Trump had decided to impose safeguard remedies, or temporary trade barriers, with respect to imports of crystalline...more

Extra Foam, Please: Common Sense Prevails and Court Finds that Starbucks Lattes Contain Foam

by Dorsey & Whitney LLP on

Yes, you read the title of this post correctly – Judge Rogers of the Northern District of California granted summary judgement in favor of Starbucks in a proposed class action lawsuit alleging that the coffee company deceived...more

Third-Party Bad Faith Is Dead Again!

by Steptoe & Johnson PLLC on

Back in June 2016, we reported on a 3-2 Memorandum Decision of the Supreme Court of Appeals of West Virginia (“WVSCA”) which appeared to be a disguised (and prohibited) third-party bad faith claim under a liability policy. In...more

Rule 68 Offers of Judgment - Proceed with Caution

by Nexsen Pruet, PLLC on

If there is any occasion in civil litigation that calls for caution by counsel, it is the drafting of a Rule 68 offer of judgment, so warns the Fourth Circuit. Consistent with the general rule of contract construction,...more

South Carolina Unfair Trade Practices Act: Attorney’s Fees Do Not Constitute Actual Damages

by Nexsen Pruet, PLLC on

To prevail in a claim for violation of the South Carolina Unfair Trade Practices Act (SCUTPA), a claimant must establish 1) the opposing party engaged in an unlawful trade practice, 2) the claimant suffered actual,...more

The State AG Report Weekly Update

by Cozen O'Connor on

AG Elections - Delaware Attorney General Will Not Seek Re-election in 2018 - Delaware AG Matt Denn announced on his public Facebook page that he will not seek re-election in 2018. AG Denn, a Democrat, was elected to...more

California Federal Court Finds CUTSA Preemption on Unfair Competition Claim in Uber Row

by Seyfarth Shaw LLP on

Uber’s ongoing battle with Waymo in the Northern District of California federal court over technology used in self-driving cars provided another significant decision concerning the broad scope of trade secret preemption under...more

Trump Administration Launches Probe of Steel Imports Under Trade Expansion Act

Invoking statutory authority not used in almost two decades, President Trump on April 20, 2017, directed the U.S. Department of Commerce (DOC) to conduct an investigation into the effects of steel imports on U.S. national...more

District Court Sacks Ginkgo Biloba False Advertising Case

On February 2, 2017, the Central District of California terminated a false advertising lawsuit against Schwabe North America, Inc. and Nature’s Way Products, LLC (Defendants), based on allegations that the companies...more

International Trade Litigation and the New Trump Administration: Your Top Ten Questions Answered

by Foley & Lardner LLP on

Globalization and the need to efficiently deploy corporate resources have led many multinational companies to establish global supply networks. Although these efforts often lead to the efficient deployment of capital,...more

Pokémon Go Faces More Criticism

by King & Spalding on

Pokémon Go is a location-based augmented reality game in which players use their mobile device to catch Pokémon in the players’ real-world surroundings by utilizing the camera, GPS, and gyroscope features of the mobile...more

Pokemon App Developer Sued for Failed Privacy Protections

Niantic Inc. (Niantic), developer of the mobile game “Pokémon GO,” was sued in Florida court on July 27, 2016. The named plaintiff, David Beckman filed the complaint against Niantic claiming the game’s terms of service and...more

Connecticut High Court Overturns $35 million CUTPA Verdict in Auto Body Rate Case

by Locke Lord LLP on

The Connecticut Supreme Court recently overturned a $34.7 million judgment against The Hartford Fire Insurance Company (“Hartford”) in a class action suit filed by over 1000 auto body repair shops alleging unfair trade...more

Oregon Amends Data Breach Law — Companies Can Expect More Enforcement Actions

by Lane Powell PC on

Oregon Gov. Kate Brown recently signed into law amendments to the state’s data breach law. These amendments recognize the growing definition of data, expand the role of the Attorney General in addressing data breaches,...more

Food Litigation Newsletter - May 2015

by Perkins Coie on

In This Issue: - RECENT SIGNIFICANT RULINGS ..Court Dismisses in Part “Natural” Claims ..Court Enters Partial Dismissal of “Handmade” Claims ..Court Dismisses Injunctive Relief Claim Allows...more

Construction Law Update - May 2015

by Barley Snyder on

Today’s newspapers in the central Pennsylvania area have been fraught with concerns and questions regarding the construction of the William’s gas pipeline running from the Marcellus Shale areas of Pennsylvania to the east...more

Update on state AGs/regulator lawsuits using Dodd-Frank authority

by Ballard Spahr LLP on

Below is an update on the lawsuits we have been following that state attorneys general and a state regulator have brought using their Dodd-Frank enforcement authority. Under Dodd-Frank Section 1042, a state AG or regulator is...more

US China Trade War-Developments In Trade, Trade Adjustment Assistance, Customs, IP/337, Antitrust And Securities

by Dorsey & Whitney LLP on

There have been major developments in the trade, trade adjustment assistance, Trade Agreements, Customs, 337/IP, US/Chinese antitrust, and securities areas. TRADE PROTECTIONISM INCLUDING UNFAIR TRADE CASES DO NOT WORK...more

Allegations that Defendants Provided Product for “Free” State Claims Under California’s UPA and UCL, Notwithstanding that “Cost”...

Bebe Au Lait, LLC v. Mothers Lounge, LLC and Udder Covers, LLC, Case No. 5:13-CV-03035-EJD (N.D. Cal. Sept. 23, 2014) - Plaintiff Bebe Au Lait sells nursing covers. It was the first company to make and sell, pursuant...more

Massachusetts Court Awards Attorneys' Fees for In-House Counsel's Work: The State Is the Latest To Recognize Shifting of In-House...

by Holland & Knight LLP on

In a question of first impression, the Massachusetts Court of Appeals recently held that trial court judges have discretion to award attorneys' fees for work performed by in-house counsel for claims brought under the state's...more

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