Dispelling Common Myths About Reps & Warranties Insurance (Part Two)
M&A Auction Process
Bill on Bankruptcy: Junk Debt Interest Rates at 30-Year Low
A federal court in Wisconsin recently dismissed a multi-district class action suit in which owners of Harley-Davidson motorcycles asserted that Harley-Davidson violated the Magnuson-Moss Warranty Act (MMWA), as well as state...more
Product lifecycle is the common thread in emerging Right to Repair and fashion waste legislation - Whether consumers are looking at coffeemakers, smartphones, jeans or shoes, many are rejecting planned obsolescence — the...more
On June 5, 2024, Judge William Griesbach of the United States District Court for the Eastern District of Wisconsin dismissed an action brought by a class of Harley-Davidson purchasers alleging that the motorcycle manufacturer...more
For sellers of goods, it is all but impossible to escape the reach of the Uniform Commercial Code (“UCC”) because its Article 2 applies to sales of goods. The UCC contains several buyer friendly provisions (including certain...more
This article explores practical steps a solar array owner or operator can take now to better position itself to make warranty-related claims five, 10 or even 25 years into the future. These tips are based on my experience...more
Manufacturers need to be careful in the New Year to start complying with new laws in New York and California expanding consumers’ right to repair certain products. California joined the right-to-repair movement with the...more
The Québec government recently adopted Bill 29, an Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods (the Act), which introduces several substantive...more
The province of Québec recently enacted Bill 29, An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods. This legislation adds important new provisions on...more
Over the last several years, State and Federal legislatures across the country have proposed and adopted laws that will transform and hinder the entire manufacturing industry. The various right-to-repair laws gaining traction...more
Le 3 octobre 2023, l’Assemblée nationale du Québec a adopté le projet de loi n° 29, Loi protégeant les consommateurs contre l’obsolescence programmée et favorisant la durabilité, la réparabilité et l’entretien des biens (la «...more
On October 3, 2023, the National Assembly of Quebec adopted Bill 29, An Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods (Act), which introduces...more
As part of our Spotlight series, Dennis C. Gucciardo, who counsels medical device manufacturers throughout the product lifecycle in the US Food and Drug Administration (FDA) regulatory context, shares insight into some...more
The California Court of Appeal in Mega RV Corp. v. HWH Corp. (2014) 225 Cal.App.4th 1318 held that component-part manufacturers are not obligated to indemnify retail sellers under California Code of Civil Procedure section...more
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
Le 1er juin 2023, le gouvernement du Québec a déposé le projet de loi no 29, Loi protégeant les consommateurs contre l’obsolescence programmée et favorisant la durabilité, la réparabilité et l’entretien des biens (le « projet...more
On June 1, 2023, the Government of Quebec tabled Bill 29 (Bill), an Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods, before the National Assembly of...more
The EU Commission is currently proposing a wide range of measures to achieve the goals of the European Green Deal to become climate neutral by 2050. At the same time it has a clear tendency to strengthen consumer rights. In...more
The EU Commission is currently proposing a wide range of measures to achieve the goals of the European Green Deal to become climate neutral by 2050 and to strengthen consumer rights simultaneously. In this context it has now...more
New “Right to Repair” legislation worldwide seeks to extend product lifespan and increase circularity, thereby reducing premature waste. The legislation often aims to facilitate consumer and independent company repair of...more
Starting July 1, 2023, an amendment to California’s Song-Beverly Consumer Warranty Act will prohibit warranties for consumer products sold in California from beginning their term on the date of sale. If an express warranty is...more
Starting July 1, 2023, an amendment to California’s Song-Beverly Consumer Warranty Act will prohibit warranties for consumer products sold in California to begin their term on the date of sale. If an express warranty is...more
The Federal Trade Commission (“FTC”) has shifted its attention to repair restrictions. We had a head’s up that the decade-long hiatus was ending. In its July 2021 policy statement and May 2021 report to Congress, the FTC made...more
During a span of less than two months, a group of Arkansas lawyers filed 22 class action suits in Lonoke County, Arkansas, alleging violations of the Magnuson-Moss Warranty Act. Here are five key items to know...more
A recent court decision may alter a product manufacturer’s chance to have a federal court decide certain warranty claims brought against it. Federal laws do not always guarantee that a party may pursue a claim arising under...more
“Right to repair” is a consumer protection issue that is rapidly picking up steam. In addition to federal legislation that was introduced in 2022, there has been quite a lot of recent state legislative activity. And we have...more