We’ve previously blogged about Bristol-Myers Squibb v. Superior Court (“BMS”), in which the Supreme Court granted certiorari to review a decision of the California Supreme Court that adopted an unusual—and extraordinarily expansive—view of California courts’ power to exercise …
Tag Archives: class action trends
DC Circuit invalidates FCC’s opt-out requirement for solicited faxes
Good news for businesses that use fax machines to communicate with customers: A panel of the D.C. Circuit has just struck down the FCC’s 2014 order mandating that even faxes requested by the recipient that contain advertising material include a …
FCC Expands Potential Liability under the Telephone Consumer Protection Act for Business-to-Customer Calls and Text Messages
“This Order will make abuse of the TCPA much, much easier. And the primary beneficiaries will be trial lawyers, not the American public.” That’s what FCC Commissioner Ajit Pai had to say in his dissent from the FCC’s recent Declaratory …
Third Circuit Hears Oral Argument Over Whether FTC Has Authority To Regulate Data Security
After much anticipation, the Third Circuit heard oral arguments (audio) last Tuesday in the interlocutory appeal in FTC v. Wyndham Worldwide Corp. We have written previously about this case, which likely will be a significant one in the …
Third Circuit to Consider FTC’s Authority Over Data Security Standards in FTC v. Wyndham
We have written previously about the FTC’s action arising out of the data breach suffered by the Wyndham hotel group, and the company’s petition for permission to pursue an interlocutory appeal regarding the FTC’s use of its “unfairness” jurisdiction to …
Upcoming Class Action Seminar in Washington, DC
Later this week, DRI—an important professional organization that serves as a leading voice for the defense bar and in-house counsel—will once again hold its annual seminar on class actions in Washington, D.C. I will be one of the speakers, and …
Wyndham Seeks Immediate Appeal Over Whether FTC Has Authority To Regulate Data Security
We have written previously about FTC v. Wyndham Worldwide Corp., currently pending in federal district court in New Jersey, and its potential significance for data security class actions. A recent opinion in that case has brought it back into …
POM v. Coke Does Not Alter The Landscape for Food False Advertising Class Actions
After the oral argument in POM Wonderful LLC v. Coca-Cola Co. (pdf), No. 12-761, the Supreme Court appeared all but certain to allow competitors to sue for false advertising under the Lanham Act over labels of FDA-regulated food products. Food …
Federal Court Upholds FTC’s Authority To Bring Enforcement Actions Over Data-Security Standards; Will Class Actions Follow?
Already, 2014 has been an eventful year in the world of data breaches and cybersecurity. In addition to a flurry of litigation over high-profile breaches at the start of the year, the National Institute for Standards and Technology released its …
What The NIST Cybersecurity Framework Might Mean for Class Actions
After a year of public-private collaboration and considerable anticipation, the National Institute for Standards and Technology’s (NIST) cybersecurity framework for critical infrastructure has arrived. The interest in the framework has only grown after several high profile data breaches in late …
You’ve Settled the Class Action—Can the State AG Demand Another Payout?
One of the more alarming recent developments in the class-action arena is the increase in actions by state attorneys general that mirror private class actions. These state AG actions aren’t like the typical enforcement action, in which the government pursues …
Conference On Class Actions In Chicago on December 9 and 10, 2013
Law Seminars International is once again holding its annual class actions conference in Chicago on December 9 and 10. As in past years, the organizers have put together a great group of speakers to address the most recent developments affecting …
Class Action Conference In Washington, D.C. – Save the Date!
As this summer comes to a close, many of our readers are no doubt making plans for the fall. If those plans include learning about the latest in class actions, you should keep reading the blog, of course! But you …
Are You Prepared for the New TCPA Rules? The Plaintiffs’ Bar Is.
The Telephone Consumer Protection Act (TCPA) is a favorite of the plaintiffs’ class-action bar because it provides for statutory damages of up to $1,500 for knowing or willful violations. With some exceptions, the TCPA prohibits, among other things, unsolicited marketing …
The Flood of Truth in Lending Act Litigation May Be Ebbing
Lawsuits under the federal Truth in Lending (TILA) Act are commonly filed as putative class actions. An interesting report from the Transaction Records Access Clearinghouse (TRAC) reports that TILA litigation in federal courts has decreased 89 percent in the last …
In-House Counsel Predictions of Class Action Trends
Carlton Fields recently published a survey (pdf) of 368 general counsel and other in-house counsel at major companies across more than 25 industries regarding the class actions they faced in 2012 and their expectations for 2013. A number …
