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Misrepresentation

Foley & Lardner LLP

What Every Multinational Company Should Know About … Customs Enforcement and False Claims Act Risks (Part II)

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As detailed in Part I of our three-part series on Minimizing Customs Enforcement and False Claims Act Risks, the combination of the new high-tariff environment, the heightened ability of Customs (and the general public) to...more

Orrick, Herrington & Sutcliffe LLP

Tennessee expands consumer protection against deceptive practices

On April 11, Tennessee enacted HB 911 (the “Act”), amending certain consumer protection measures. The Act introduces changes focusing on deceptive and unfair practices, motor vehicle-related misrepresentations, and regulatory...more

Hinch Newman LLP

Court Chops Up Measure of Damages in California CLRA Case for Deceptive “Made in USA” Claims

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A federal jury in the Central District of California has awarded $2.36 million in damages to a consumer class, finding that R.C. Bigelow Inc. (“Bigelow”), without limitation, violated the Consumer Legal Remedies Act and...more

Jones Day

ACCC Conducts Sweep of Online Statements for Compliance with Australian Consumer Law

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The Australian Competition and Consumer Commission ("ACCC") recently announced that it had conducted a sweep of more than 2,000 Australian retail websites that found some businesses' return policies and website terms and...more

Foley & Lardner LLP

Court Relies on Contractual Terms to Dismiss Dealership Suit Against Auto Manufacturer

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Decozen Chrysler Jeep Corp. (“Decozen”), a New Jersey-based automobile dealership, filed a lawsuit against Fiat Chrysler Automobiles, LLC (“FCA”), in U.S. District Court for the District of New Jersey alleging that FCA...more

Wiley Rein LLP

Coverage Barred for Portion of Settlements for Long Term Care Insurer’s Alleged Misrepresentations to Policyholders that...

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In a case in which Wiley represented one of the insurers, the Delaware Superior Court, applying Virginia law, has held that an exclusion in professional liability policies issued to an insurance company barring coverage for...more

WilmerHale

Supreme Court Expands the Scope of Injuries under RICO

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On April 2, 2025, the Supreme Court significantly expanded the scope of injuries entitled to treble damages under the Racketeer Influenced and Corrupt Organizations Act (“RICO”).  The Supreme Court held in Medical Marijuana,...more

Troutman Pepper Locke

Crypto Investment Firm Agrees to Pay New York AG $200M to Resolve Market Manipulation Allegations Regarding Sale of Failed Token

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On March 24, cryptocurrency investment firm Galaxy Digital Holdings (Galaxy) entered into an assurance of discontinuance (AOD) with New York Attorney General (AG) Letitia James to resolve allegations that Galaxy engaged in...more

Troutman Pepper Locke

Florida AG Settles Alleged Moving Brokerage Scheme, Banning Defendants and Securing $4M in Judgments

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On March 21, Florida Attorney General (AG) James Uthmeier’s Consumer Protection Division announced the resolution of ongoing litigation against a network of moving brokerage companies accused of misleading consumers. These...more

WilmerHale

Year in Review: 2024 AI Securities Litigation Trends

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Claims relating to statements about artificial intelligence (“AI”) have rapidly become a focal point in securities litigation. Similar to the past surge of “greenwashing” claims tied to climate change disclosures, in 2024 we...more

Carlton Fields

New York Federal Court Enforces Exclusion Barring Coverage for Claims Based on Any Misrepresentation, Regardless of Perceived...

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When state law provides that an insurance contract can be rescinded for misrepresentations only if they are “material,” can an insurer contract around that rule by adding an exclusion for all claims based on any...more

Cozen O'Connor

Florida Investigates Proxy Advisors Over DEI and ESG Investing Policies

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Florida AG James Uthmeier announced an investigation into whether proxy advising companies Glass Lewis & Co. and Institutional Shareholder Services Inc. may have misrepresented their diversity, equity, and inclusion (DEI) and...more

Blake, Cassels & Graydon LLP

Indications relatives à l’origine canadienne des produits : Risques liés à la réglementation et à la responsabilité civile

Les consommateurs canadiens sont de plus en plus favorables à l’idée de privilégier les produits locaux et, par conséquent, scrutent plus que jamais les étiquettes pour connaître l’origine des produits. De leur côté, les...more

Proskauer Rose LLP

Three Point Shot - March 2025

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Paddle Manufacturer in a Pickle: First Game to Plaintiffs in Consumer Protection Suit over Allegedly Mislabeled Pickleball Paddles - Sport Squad, Inc. (“Sport Squad”), a pickleball paddle manufacturer, has found itself in...more

Miles Mediation & Arbitration

To Lie or Not to Lie: That Is the Question

In a recent mediation, it became clear to me that one of the lawyers was not being forthright with the facts. He kept claiming that he had information that would have a major negative impact on the other side’s case. However,...more

A&O Shearman

Southern District Of New York Grants Motion For Judgment On The Pleadings In Securities Class Action Against Software Company

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On March 7, 2025, Judge John P. Cronan of the Southern District of New York granted a motion for judgment on the pleadings in a putative class action asserting claims under Sections 11 and 15 of the Securities Act of 1933...more

Blake, Cassels & Graydon LLP

Maple-Washing: Regulatory and Civil Liability Risks of Calling a Product Canadian

Canadian consumers have become increasingly supportive of buying homegrown products, scrutinizing product labels like never before. At the same time, Canadian businesses are working tirelessly to satisfy the surging demand...more

Gray Reed

Scribner’s Error: A Cautionary Tale of Oil & Gas Fraud

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DALF Energy, LLC v. GS Oilfield Services addresses a fiduciary’s deceptive actions in oil and gas transactions. The Fifth Circuit held: self-dealing may constitute a breach of fiduciary duty even when the principal is...more

Troutman Pepper Locke

California Federal Court Halts Allegedly Deceptive Debt Collection Practices by Blackrock Services, Inc. and Affiliates

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On February 27, the Federal Trade Commission (FTC) successfully obtained a temporary restraining order against Blackrock Services, Inc. and its associated entities and individuals. The court order aims to halt the defendants’...more

A&O Shearman

Southern District Of New York Dismisses Securities Act Claims Against Railroad Company For Failure To Adequately Allege Actionable...

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On February 27, 2025, Judge Lewis A. Kaplan of the United States District Court for the Southern District of New York dismissed a putative class action asserting claims under the Securities Act of 1933 against a railroad...more

Snell & Wilmer

Navigating New Department of Education Guidance Amid Shifting Judicial Precedents

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In its final days, the Biden Department of Education issued a Dear Colleague Letter regarding misrepresentations made by third‐party service providers engaged by institutions of higher education. This new guidance, published...more

Davis Wright Tremaine LLP

Stay ADvised: 2025, Issue 5

FTC Continues Junk Fee Quest With Lawsuit Targeting Largest Rental Manager - In its quest to police what it considers to be junk fees, the Federal Trade Commission (FTC) has joined forces with Colorado's Attorney General...more

Mayer Brown

The Misrepresentation of Moths – Lessons from a Yarn

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It is the stuff of nightmares. Dr Yevhen Hunyak, described by the Judge in the case as "a cautious person", and Iya Patarkatsishivili were careful to visit their prospective home more than half a dozen times between Spring...more

Rivkin Radler LLP

February 2025 New York Insurance Coverage Law Update

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The insured is a Texas-based hotel operator. A windstorm damaged one of its hotels in Texas and three months later the insured reported the loss to Mt. Hawley Insurance Company, its commercial property insurer. The policy...more

DLA Piper

ASA Rulings Summary, 13 November 2024 - investment tipples and risqué posters

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In recent rulings we have seen the ASA: (i) issue multiple rulings on the advertising of unregulated investments and (ii) reinforce its stance on gender stereotyping and sexual imagery in ads. The ASA has recently been taking...more

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