On June 20, Costco and Nice-Pak Products, Inc. were hit with a proposed class action in California federal court regarding Costco’s fragrance-free Kirkland Signature Baby Wipes. The plaintiffs allege that although the baby...more
Per- and polyfluoroalkyl substances (PFAS) have been a major issue across industries including cosmetics and personal care products, furniture, clothing, and food and beverages.
PFAS, commonly referred to as “forever...more
In 2023, we saw the continued proliferation of class action lawsuits filed by “consumer watchdog” plaintiffs under state wiretapping laws, particularly the California Invasion of Privacy Act (CIPA), against website operators...more
It is common practice for companies to utilize agreements requiring arbitration on an individual basis to avoid or limit the risk, burden, and expense of class and collective actions. However, an exemption in Section 1 of the...more
ArentFox Schiff's annual review of significant developments and trends that shaped class action litigation in 2023 has major implications for companies across the country.
From labor and employment disputes to landmark...more
3/22/2024
/ Arbitration ,
Arbitration Agreements ,
Biometric Information ,
Biometric Information Privacy Act ,
California ,
CIPA ,
Class Action ,
Cybersecurity ,
Data Protection ,
Electronic Communications ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Federal Arbitration Act ,
Foreign Commerce ,
Illinois ,
Interstate Commerce ,
Logistics ,
Privacy Acts ,
State and Local Government ,
State Privacy Laws ,
Technology Sector ,
Wiretapping
On August 16, 2022, US Congress enacted Reese’s Law, which aims to protect children from ingestion hazards associated with certain lithium batteries found in consumer electronics. The law stems from the death of 18-month-old...more
3/5/2024
/ Artificial Intelligence ,
Class Action ,
CLRA ,
Consumer Product Safety Commission (CPSC) ,
Corporate Transparency Act ,
Data Privacy ,
Enforcement ,
False Advertising ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Greenwashing ,
Hidden Fees ,
Invasion of Privacy ,
Labeling ,
Lithium Batteries ,
Machine Learning ,
Made in the USA ,
Marketing ,
Misleading Statements ,
PFAS ,
Proposition 65 ,
Recycling ,
Reporting Requirements ,
Self-Certification ,
Subscription Services ,
Wage and Hour ,
Wiretapping
PFAS-Containing Consumer Products Under Attack in California -
Per- and polyfluoroalkyl substances (PFAS) are present in a variety of consumer products. PFAS have been increasingly targeted in laws and regulations and...more
The Latest Trends and Developments in the Class Actions World -
Labor & Employment-
Labor and Employment class actions involving contractors are on the rise in California, especially in its $50-plus billion per annum...more
Ferra v. Loews Hollywood Hotel, LLC, 2021 WL 2965438 (July 15, 2021) -
On July 15, 2021, the California Supreme Court issued a long-awaited decision, Ferra v. Loews Hollywood Hotel, LLC, regarding the rate at which premium...more
9/23/2021
/ Appeals ,
CA Supreme Court ,
Class Action ,
Class Certification ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Jurisdiction ,
Labor Code ,
Meal Penalties ,
Multidistrict Litigation ,
Putative Class Actions ,
Rest and Meal Break ,
SCOTUS ,
Sua Sponte ,
Unpaid Overtime ,
Wage and Hour
Employee misclassification continues to be the largest source of class action litigation in the logistics industry.
California Trucking Association v. Bonta May Head to the Supreme Court -
Independent contract...more
9/22/2021
/ ABC Test ,
Appeals ,
Class Action ,
Class Certification ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Gig Economy ,
Misclassification ,
NLRA ,
Putative Class Actions ,
Reversal
Since 2001, California Labor Code Section 226.7 has required employers to pay employees an additional hour of pay at the employee’s “regular rate of compensation” for not providing compliant meal or rest periods. The...more
7/26/2021
/ CA Supreme Court ,
California ,
Class Action ,
Compensation ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Labor Code ,
Meal Penalties ,
New Regulations ,
Rest and Meal Break ,
Wages
Class Actions Quarterly Update: Employee Misclassification in the Logistics Industry -
The vast majority of class action litigation in the logistics industry over the past quarter, and indeed the last few years, has been...more
1/7/2021
/ Appeals ,
Biometric Information Privacy Act ,
Class Action ,
Data Privacy ,
Data Protection ,
Employee Retirement Income Security Act (ERISA) ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Independent Contractors ,
Logistics ,
Misclassification ,
New Jersey ,
Political Campaigns ,
Retirement Plan ,
SCOTUS ,
TCPA ,
Text Messages ,
Thole v U.S. Bank ,
Trucking Industry ,
Wage and Hour
In this issue of the Arent Fox Class Action Quarterly Update, we will be focusing on one recent California Supreme Court decision and two court of appeal decisions impacting the fashion and retail industries.
Key Retail...more
1/7/2021
/ Anti-SLAPP ,
Appeals ,
Arbitration ,
CA Supreme Court ,
Class Action ,
Fashion Industry ,
Labor & Workforce Development Agency (LWDA) ,
Labor Code ,
Motion for Summary Judgment ,
Private Attorneys General Act (PAGA) ,
Putative Class Actions ,
Retailers ,
Settlement Agreements ,
Sports Apparel ,
Wage and Hour ,
Wages
In addition to battling class certification, businesses swept into these class actions may be faced with consolidation motions in multidistrict forums.
The Arent Fox Class Actions group has been tracking COVID-19 class...more
8/21/2020
/ Airlines ,
Arbitration ,
Business Interruption ,
CARES Act ,
Class Action ,
Class Certification ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Federal Arbitration Act ,
Lyft ,
Multidistrict Litigation ,
Paid Sick Leave ,
Paycheck Protection Program (PPP) ,
Race Discrimination ,
Refunds ,
Retaliation ,
SBA ,
Whole Foods
As the fallout from the COVID-19 pandemic continues across the nation, consumers and businesses alike are resorting to class action litigation to air their grievances. Since the onset of the pandemic, a wide range of class...more
5/6/2020
/ Airlines ,
Class Action ,
Colleges ,
Consumers ,
Coronavirus/COVID-19 ,
Events ,
Pandemic ,
Paycheck Protection Program (PPP) ,
Price Gouging ,
Resorts & Restaurants ,
Small Business ,
Universities