Welcome to Class Dismissed

Morrison & Foerster’s Class Dismissed blog provides insights and reports on the latest news, developments, and trends that affect consumer-facing companies. Subscribe below to receive the latest updates by attorneys from our nationally recognized Consumer Class Action and Product Liability practices.


Welcome to Class Dismissed

Morrison & Foerster’s Class Dismissed blog provides insights and reports on the latest news, developments, and trends that affect consumer-facing companies. Subscribe below to receive the latest updates by attorneys from our nationally recognized Consumer Class Action and Product Liability practices. ...›

November 19, 2018TCPA

U.S. Supreme Court to Review Deference to the FCC in TCPA Cases

Does the Hobbs Act require district courts to accept the Federal Communications Commission’s legal interpretation of the Telephone Consumer Protection Act?  That is the question the United States Supreme Court will consider in PDR Network, LLC v. Carlton & Harris Chiropractic Inc., Docket No. 17-1705.  On November 13, 2018, the Supreme Court granted certiorari in ...›

November 1, 2018Class Action, Government Actions

Annual California Legislative Recap

Another year has passed in the California Legislature, with new laws and amendments affecting California employers.  Among the more significant changes, bills prompted by the #MeToo movement, including the new requirement that corporate boards of directors include women, have been passed.  Other changes include amendments to the Fair Pay Act regarding potential employees’ salary history ...›

FDA Announces New Efforts to Combat Cybersecurity Threats in Medical Devices

FDA is tackling cybersecurity threats head-on and expects industry to do the same.  Earlier this month, FDA commissioner Scott Gottlieb, M.D., announced a series of developments designed to keep pace with evolving cybersecurity threats to medical devices.  Industry should take note, as these developments detail the agency’s current expectations for companies preparing to combat future ...›

Internet of Things
October 22, 2018Internet of Things, Privacy

Digital Single Market Update: Technology Standardization in the EU

ICT standardization is a key part of the European Union’s package of measures designed to improve Europe’s competitiveness and productivity. As part of the EU’s Digital Single Market (DSM) initiative, the European Commission has been working on common ICT standards that would ensure the interoperability of digital technologies, services, and devices. The Commission has laid ...›

U.S. DOT Revamps Federal Guidance on Automated Vehicle Development and Rollout

Updating and building on guidance issued one year ago, the U.S. Department of Transportation published a new federal guidance document entitled Preparing for the Future of Transportation: Automated Vehicles 3.0 (“AV 3.0”). AV 3.0, released on October 4, 2018, incorporates extensive stakeholder feedback to provide updated voluntary guidance and policy considerations regarding safety standards and ...›

October 2, 2018TCPA

Ninth Circuit Weighs In on the TCPA Following ACA International

On September 20, 2018, the Ninth Circuit weighed in on the definition of an automatic telephone dialing system (ATDS) under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227. See Marks v. Crunch San Diego, LLC, Case No. 14-56834 (Sept. 20, 2018). The opinion, written by Judge Ikuta, comes after the D.C. Court of ...›

New California IoT Law Requires Security for Connected Devices

When Governor Jerry Brown signed Assembly Bill 1906 and Senate Bill 327 into law on Friday, California took major strides toward regulating the Internet of Things, the network of internet-connected devices that includes everything from televisions and cars, to refrigerators, fitness trackers, and baby monitors.[1]  As of January 1, 2020, “reasonable security feature[s]” must be ...›

Mixed Results on Class Certification for “Cereal” Plaintiff

In Hadley v. Kellogg Sales Company, Plaintiff Stephen Hadley, who has filed at least two additional lawsuits alleging the mislabeling of breakfast foods, sought certification of four California subclasses of purchasers of Kellogg’s cereal and cereal bar products.  On August 17, 2018, Judge Koh issued an order that carefully dissected Plaintiff’s request.  The court concluded ...›