Every enterprise, from a large public company to a small private business, needs to be concerned about lawsuits from company’s ultimate owners – the shareholders or other stakeholders. In this episode, Dorsey Partners Kent...more
In a post-pandemic environment, more people are still working from home than ever before. In this episode, Dorsey Partners Kent Schmidt, Nisha Verma, and Heather Dillion discuss the types of claims they are seeing and issues...more
6/21/2023
The U.S. Supreme Court’s recent decision in TransUnion LLC v. Ramirez will make it far more difficult for class action plaintiffs to demonstrate the requisite harm to satisfy Article III standing. Although involving a...more
7/1/2021
/ Article III ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
Class Action ,
Class Members ,
Credit Reporting Agencies ,
Credit Reports ,
Fair Credit Reporting Act (FCRA) ,
Injury-in-Fact ,
SCOTUS ,
Standing ,
TransUnion ,
TransUnion LLC v Ramirez
When the California Consumer Privacy Act (“CCPA”) went into effect on January 1, 2020, most observers expected a flood of CCPA class action lawsuits against companies essentially defenseless against the proscriptive liability...more
Unchartered Waters -
State price-gouging laws have come into focus in recent weeks as all 50 states have declared an emergency in the wake of the COVID-19 crisis. There is a relatively underdeveloped body of...more
Tracking the onslaught of new lawsuits filed in response to the COVID-19 crisis has demonstrated that three primary categories of plaintiffs are bringing these claims against companies...
...more
4/17/2020
/ Class Action ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Disparate Impact ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Employment Litigation ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Retaliation ,
Wage and Hour ,
WARN Act ,
Whistleblowers ,
Workplace Hazards
The daily headlines are reminders of the far-reaching economic ripple effects of the 2019 Novel Coronavirus (COVID-19) outbreak. The pandemic is forcing companies to abruptly alter strategies and business plans that seemed...more
3/11/2020
/ Business Interruption ,
Contract Disputes ,
Contract Terms ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Force Majeure Clause ,
Frustration of a Common Purpose ,
Performance Standards ,
Physical Impossibility Rule ,
Risk Management ,
Uniform Commercial Code (UCC)
Since the beginning of the year, industry leaders and counsel advising clients on data security issues have held their collective breath in anticipation of the tsunami of California Consumer Privacy Act (CCPA) lawsuits. The...more
2/18/2020
/ California Consumer Privacy Act (CCPA) ,
Common Law Claims ,
Consumer Privacy Rights ,
Contribution Claims ,
Data Breach ,
Indemnification ,
Negligence ,
Personal Information ,
Privacy Laws ,
Retroactivity ,
Security and Privacy Controls ,
Unfair Competition Law (UCL)
On August 30, 2018, new “Proposition 65” regulations went into effect drastically changing the way businesses must operate in California to comply with the state’s Safe Drinking Water and Toxic Enforcement Act of 1986. Under...more
The perils of Prop 65 claims are well-known to most food and beverage companies around the world. Through its one-of-a-kind labeling law, California regulates thousands of businesses that sell consumer goods to Californians,...more
Each year, food, beverage and agribusiness companies pay millions of dollars in settlements, penalties and judgments to consumers allegedly harmed through the sale, advertisement and manufacture of their products. The legal...more
11/1/2017
/ Agricultural Sector ,
Breach of Warranty ,
Commercial Insurance Policies ,
False Advertising ,
Food Labeling ,
Food Manufacturers ,
Manufacturers ,
Product Defects ,
Risk Assessment ,
Risk Mitigation ,
Third-Party Liability
California class actions are frequently in the news, often prompted by stories or controversies that have cable news abuzz or involve new cutting-edge technology. On March 16, 2017, a class action lawsuit was filed in San...more
Zara USA, Inc., the affiliate of the Spanish fashion retailer, has been hit with a class action lawsuit in federal court in California advancing a relatively simple and novel set of theories. Rose v. Zara USA, Inc....more
A lawsuit was filed earlier this week which challenges the constitutionality of Cal. Penal Code § 26820, a California statute aimed at regulating the sale of guns. Tracy Rifle & Pistol LLC v. Harris (E.D. Cal. filed Nov. 10,...more
It’s a great time of the year, in large part because one of my favorite pastimes is watching football, usually with my teenage son, an avid fan as well as a high school football player. A few weeks ago, when a game was...more
Our friends at Legsilative Intent Service (a great resource for digging deep into the history of California legislation) have recently published their list of changes to California law coming in 2015. These legislative...more
I am always amused by the manner in which class action lawyers attempt to capitalize on current events and public fears in bringing a “cutting edge” lawsuit that will garner a great amount of media attention. Although the...more
It is not often that a decision from a California trial court receives or deserves as much attention as the recent tentative decision issued by Alameda County Superior Court Judge Wynne Carvill in the State’s case against...more
2/11/2014
/ Caveat Emptor ,
Disclaimers ,
Discount Retailers ,
Overstock.com ,
Price Match Guarantees ,
Pricing Requirements ,
Purchase Price ,
Reasonable Reliance Claims ,
Retailers ,
Unfair or Deceptive Trade Practices ,
Uniform Commercial Code (UCC)
Many in the legal and securities compliance industries are discussing the NERA Economic Consulting report, Recent Trends In Securities Class Action Litigation: 2013 Full-Year Review. The Wall Street Journal provides a good...more
Effective January 1, companies in California and around the world must be aware of new liabilities that relate to online privacy protections including practices relating to storing personally identfiable information. If your...more
My partner, Melissa Krasnow, contributed to the new white paper on social media published by our friends at Grant Thornton. Melissa has established herself as a leading expert in the field of data privacy and I’ve previously...more
When lawyers and laypersons alike think about the qualities of outstanding litigators, certain words and images invariably spring to mind: passionate and zealous oral advocacy; a meticulous and thoughtful strategist; or...more
Yesterday evening, I had the pleasure of moderating a panel comprised of two distinguished in-house counsel, Zachary Zahrek and Teigue Thomas, discussing liabilities and litigation risks that arise from contractual...more
It is often said–and accurately so–that what begins in California frequently spreads to other states, whether cuisine, fashion or legal trends. But to understand how the seeds of legal change are germinated even before...more