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By: Erin M. Bosman, Julie Y. Park, Erin P. Lupfer, and Luis Ramos
California lawmakers are considering a bill that would limit confidentiality in cases involving allegations of defective products or environmental harms by placing restrictions on protective orders and confidentiality terms in settlement agreements.
Generally, parties litigating cases alleging defective products or environmental conditions may stipulate to …›
By: Alexandra Preece Barlow and Danielle Elizabeth Vallone
For the second year in a row, Morrison Foerster partners and associates gathered virtually and in person for Western Alliance Bank’s 4th Annual Class Action Law Forum (CALFTM), hosted in collaboration with the University of San Diego School of Law. From federal judges to …›
By: David J. Fioccola, Alexandra Preece Barlow, and Lily Valentine Westergaard
A circuit split has emerged over faxes offering “free” goods, money, or services and whether they constitute an “unsolicited advertisement” under the Telephone Consumer Protection Act (the TCPA).
In a February decision, the Second Circuit held that under the plain text of the TCPA, an …›
By: David J. Fioccola, Adam J. Hunt, and Lily Valentine Westergaard
David Fioccola, Adam Hunt, and Lily Westergaard authored an article for Pratt's Privacy & Cybersecurity Law Report reviewing recent decisions on the Telephone Consumer Protection Act (TCPA).
"Last year marked another year of important developments in the Telephone Consumer Protection Act (“TCPA”) landscape as …›
By: Julie Y. Park, Alexandra Preece Barlow, and Luis Ramos
In a recent win for vaccine manufacturers, a district court found that federal law preempted claims against Merck, arising out of alleged injuries from the Gardasil vaccine. Herlth v. Merck & Co., Inc., No. 3:21-cv-438 (JAM), 2022 WL 788669 (D. Conn., Mar. 15, 2022). …›
The Tenth Circuit recently held that the Federal Meat Inspection Act (FMIA) gets the final word on what “Product of the U.S.A.” means for labels of beef products. Thornton v. Tyson Foods, Inc., No. 20-2124, 2022 WL 727628 (10th Cir. Mar. 11, 2022). The …›
By: Claudia M. Vetesi, Nicole Victoria Ozeran, and Lena Gankin
Originally published by Law360, Claudia Vetesi, Nicole Ozeran, and Lena Gankin authored an article discussing a wave of protein-labeling lawsuits hitting food manufacturers, alleging that their products’ front-label protein content statements violate U.S. Food and Drug Administration (FDA) regulations, and mislead consumers by overstating …›
By: David J. Fioccola, Jessica Kaufman, and Adam J. Hunt
The California Office of the Attorney General (OAG) recently concluded that the California Consumer Privacy Act (CCPA) generally requires a covered business to disclose, upon request, its inferences about a consumer—whether generated internally or obtained from another source—unless the business can demonstrate that a …›
In an action that may eventually lead to clarification around what constitutes a “financial incentive” for purposes of the California Consumer Privacy Act (CCPA), Attorney General Rob Bonta announced on January 28, 2022 that his office (the AG) was beginning an “investigative sweep” pursuant …›