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Can a Voluntary Consumer Product Safety Commission Recall Short-Circuit Costly Class Action Litigation?

Manufacturers should add “possible class action defense” to the list of considerations when evaluating whether to conduct a voluntary recall of a consumer product, particularly when class action litigation is threatened or...more

Sufficiently Conspicuous: Arbitration Agreements and Class Action Waivers for Subscription-Based Businesses

Since its enactment in 2010, California’s Automatic Renewal Law (ARL) has motivated an ever-increasing number of putative class action complaints. The latest surge is due in large part to amendments that went into effect last...more

Is Your Product Really “Non-Toxic” or “Biodegradable”? The FTC Weighs In.

Over the course of the past decade, and the past year in particular, the consumer products industry has seen an uptick in class action lawsuits challenging environmental marketing claims, including claims on product labels or...more

Product Liability Trends in the Automotive Industry

Automobiles may be the most complex, essential and widely used consumer products in the world and every year they incorporate increasingly advanced technology into nearly every component and function. The advancing...more

“How to Lose a Class Action Settlement in 10 Ways” – Recent Decisions Reflect a Trend of Applying Greater Scrutiny to Attorneys’...

Last month, the Ninth Circuit struck down a district court’s order approving a class settlement and awarding nearly $7 million in attorneys’ fees to class counsel in a consumer class action challenging the defendant’s...more

Survey Results Confirm Foley & Lardner LLP’s Prediction Regarding Uptick in Class Action Lawsuits

The results of the ninth annual Carlton Fields Class Action Survey confirms Foley & Lardner LLP’s recent forecast that businesses should be prepared for a sharp uptick in class action lawsuits. Even pre-pandemic, there was an...more

Tackling Legal and Business Challenges Caused by the COVID-19 Pandemic

Virtually every consumer-facing business has been impacted by shelter-in-place orders, supply chain issues, or new uses for products in a socially distanced society. Many are making headway in adapting to the “new normal” as...more

Protecting Your Business from COVID-19 Class Action Lawsuits

The COVID-19 pandemic has altered the landscape for private and public businesses in almost every industry, impacting day-to-day operations as well as longstanding obligations to businesses and consumers alike. Just over a...more

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