By any measure, the world has changed vastly since we issued our first Commercial Litigation Outlook in 2020. We are now on our fourth installment of providing insights and flagging trends for what to expect in the coming...more
2/16/2024
/ Arbitration ,
Artificial Intelligence ,
Banks ,
Class Action ,
Commercial Bankruptcy ,
Commercial Court ,
Commercial Litigation ,
Consumer Financial Protection Bureau (CFPB) ,
Copyright ,
Department of Justice (DOJ) ,
Environmental Social & Governance (ESG) ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
Intellectual Property Protection ,
Machine Learning ,
Merger Agreements ,
Patents ,
Trademarks
With the Supreme Court recently upholding the constitutionality of the Telephone Consumer Protection Act (“TCPA”), political campaigns, PACs, and grassroots GOTV organizations now know the tools by which they will be allowed...more
THC, CBD, CBN…the Cannabis industry is quite familiar with acronyms. But it’s another nasty little four letters, TCPA, that are – or should be – on the top of mind for every dispensary, delivery service, CRM platform, and...more
6/22/2020
/ Class Action ,
Dispensaries ,
Marijuana Related Businesses ,
Marketing ,
Popular ,
Recreational Use ,
Robocalling ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages ,
Third-Party Relationships
One of the immediate legal trends arising from the shut down of all non-essential activities has been disputes concerning consumer refunds, with many class action suits against professional sports leagues, ticket brokers,...more
5/29/2020
/ Business Closures ,
Business Losses ,
Class Action ,
Commercial Bankruptcy ,
Contract Terms ,
Coronavirus/COVID-19 ,
Force Majeure Clause ,
Gym Memberships ,
Hospitality Industry ,
Membership Agreements ,
Office Space ,
Refunds
The COVID-19 pandemic has created unprecedented disruption and challenges for businesses navigating California’s consumer protection laws. ...more
5/18/2020
/ Auto-Renewal ,
Business Closures ,
Class Action ,
Consumer Contracts ,
Coronavirus/COVID-19 ,
Event Cancellation ,
False Advertising ,
Liability ,
Membership Agreements ,
Refunds ,
Retail Market ,
Subscription Services ,
Unfair or Deceptive Trade Practices
With all sports and live entertainment “postponed” or canceled since Rudy Gobert’s March 13th trip to that Oklahoma City hospital, and every concert and festival suffering the same fate by government order, refunds have...more
Seyfarth Synopsis: On June 5, 2019, the Ninth Circuit issued an opinion in NEI Contr. & Eng’g, Inc. v. Hanson Aggregates Pac. Sw., Inc., 2019 U.S. App. LEXIS 16885 (9th Cir. June 5, 2019), upholding the district court’s...more
6/19/2019
/ Audio Recording ,
Class Action ,
Class Certification ,
Class Representatives ,
Decertification ,
FRCP 23 ,
Invasion of Privacy ,
Oral Communications ,
Predominance Requirement ,
Prior Express Consent ,
Standing ,
State and Local Government
On September 20, 2018, California Governor Jerry Brown signed into law AB 1884 and SB 1192, which prohibit certain restaurants from offering plastic straws and restrict the default beverage in kid’s meals to water or milk....more
On September 19, 2017, Governor Jerry Brown signed into law AB 2632, which amends California’s slack fill law, and provides manufacturers, retailers, and consumers with greater clarity regarding the requirements for...more
2018 Amendment to California’s Auto-Renewal Law Adds New Requirements For Promotional Offers and Cancellation Mechanisms....more
A Ninth Circuit panel consisting of Judges A. Wallace Tashima, Johnnie B. Rawlinson, and Paul J. Watford recently heard oral argument in Anheuser-Busch Companies v. Clark, 17-15591, concerning the denial of a former...more
10/8/2018
/ Anheuser-Busch ,
Anti-SLAPP ,
Beer ,
Beverage Manufacturers ,
Breach of Contract ,
Class Action ,
Confidential Information ,
Defend Trade Secrets Act (DTSA) ,
Free Speech ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Likelihood of Success ,
Misappropriation ,
Motion to Dismiss ,
Motion To Strike ,
Non-Disclosure Agreement ,
Product Labels ,
Remand ,
Trade Secrets ,
Vacated ,
Whistleblower Protection Policies ,
Whistleblowers
California’s Auto-Renewal Law (Cal. Bus. & Prof. Code § 17600 et seq.) has given rise to a recent torrent of new lawsuits in California, many brought on a putative class action basis, targeting businesses that offer...more