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

March 03, 2021 - Product Liability, Consumer Products, CPSC
Consumer Product Safety Enforcement To Heat Up Under Biden Administration
By: Erin M. Bosman and Julie Y. Park
More aggressive enforcement actions and increased regulatory activities under the Biden Administration are here. In President Biden’s first weeks, he is making good on his promise to reverse course from the previous administration’s product safety agenda. So far, we witnessed rare civil penalties against
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February 24, 2021 - Coronavirus (COVID-19), Product Liability
Ex-Tyson Employees’ COVID-19 Suit to Be Litigated in Federal Court
By: Erin M. Bosman, Julie Y. Park and Matt Robinson
Court Rules the Federal Officer Removal Statute May Provide “Critical Infrastructure” Companies Additional Pathway to Litigate COVID-19 Claims in Federal Court The Eastern District of Texas ruled last week that Tyson, a “critical infrastructure” company, properly removed a COVID-19-related case to federal court under
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February 10, 2021 - Privacy, Product Liability
Deepfake Litigation Risks: The Collision of AI’s Machine Learning and Manipulation
By: Erin M. Bosman
AI and machine-learning advances have made it possible to produce fake videos and photos that seem real, commonly known as “deepfakes.” Deepfake content is exploding in popularity. In this article, we explore deepfake technology and the legal risks it presents to companies while providing practical
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January 19, 2021 - Privacy, TCPA, Class Action
Privacy Litigation 2020 Year in Review: TCPA Litigation
In the final installment of our four-part Privacy Litigation Year in Review series, we focus on important developments in TCPA litigation. The Supreme Court struck down the TCPA’s government-backed debt exemption, leaving district courts to address five years of enforcement and liability under the
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January 13, 2021 - Privacy, Class Action
Privacy Litigation 2020 Year in Review: BIPA Litigation
By: Tiffany Cheung and Camille Framroze
Third in our Privacy Litigation Year in Review series is an overview of cases under the Biometric Information Privacy Act (BIPA). 2020 was a busy year for BIPA litigants. Defendants in the flood of BIPA cases ranged from technology companies developing novel biometric products
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January 07, 2021 - Coronavirus (COVID-19), Autonomous Vehicles & Robotics, Public Readiness and Emergency Preparedness Act (PREP Act), Product Liability, MDL, Consumer Products, Class Action, Emergency Use Authorization (EUA), CPSC
How 2020 Changed Product Liability — And What's Next
By: Erin M. Bosman, Julie Y. Park and Alexandra Preece Barlow
Erin Bosman, Julie Park, and Alexandra Preece authored an article for Law360 discussing how product liability regulation and litigation changed in 2020 due to the impact of the COVID-19 pandemic, as well as upcoming trends. “In a year dominated by the pandemic and political
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January 06, 2021 - Privacy, Class Action
Privacy Litigation 2020 Year in Review: CCPA Litigation
By: Purvi G. Patel
In part two of our Privacy Litigation Year in Review series, we discuss how plaintiffs are challenging the limits of the California Consumer Privacy Act’s (CCPA) private right of action. In every respect, plaintiffs are trying to expand the private right of action. Given
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January 05, 2021 - Privacy, Class Action
Privacy Litigation 2020 Year in Review: Data Breach Litigation
By: Zachary Maldonado
2020: the year that will be remembered for privacy litigation. Well, OK, maybe not. But there were many developments in privacy litigation. In this four-part series, we will cover the key litigation developments arising out of data breaches, the California Consumer Privacy Act, the Illinois Biometric Information
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December 28, 2020 - Coronavirus (COVID-19), FDA, Product Liability
FDA’s COVID-19 Product Regulation Enforcement Roadmap
By: Erin M. Bosman and Julie Y. Park
Navigating FDA’s regulatory enforcement strategies is paramount to successfully marketing health and medical products for COVID‑19—especially since the pandemic has dominated FDA’s enforcement activity this year. Understanding the patterns and principles behind FDA’s efforts can provide the insight product manufacturers need to avoid FDA
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December 04, 2020 - Privacy, Consumer Products, Class Action
5 Tips For In-House Counsel Anticipating Cyber Class Actions
David McDowell and Nancy Thomas authored an article for Law360 where they share five things in-house counsel can do when facing data breach class actions. First on the list is creating a strong foundation. “Depending on the nature and scope of the breach, companies
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