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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 05, 2019 - Privacy, FTC
Thank You, Next Enforcement: Music Video App Violates COPPA, Will Pay $5.7 Million
By: Julie O'Neill
The cost for violating the Children’s Online Privacy Protection Act (COPPA) has been steadily rising, and companies subject to the law should take heed. Last week, the Federal Trade Commission (FTC) announced a record-setting $5.7 million settlement with the mobile app company Musical.ly for
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February 12, 2019 - Privacy, Consumer Products
Sacramento CCPA Public Forum Attracts Among the Largest Turnout to Date
The California Attorney General (AG) held its fifth of seven public forums on the California Consumer Privacy Act (CCPA) in Sacramento on February 5, 2019. The Sacramento forum was among the best attended CCPA public forums to date, and more individuals spoke at this
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January 22, 2019 - Privacy, Consumer Products
Second CCPA Public Forum Gathers Additional Public Opinion
By: Purvi G. Patel, Nathan D. Taylor and Brittany Scheinok
On January 14, 2019, the California Attorney General hosted the second of six public forums regarding the California Consumer Privacy Act (CCPA) in San Diego. Five individuals, including both business representatives and consumer advocates, made comments at the forum. Some of the public comments echoed
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January 16, 2019 - Drug & Medical Device, Consumer Products, Antitrust, Arbitration
Leave Arbitration to the Arbitrator: No “Wholly Groundless” Exception Where Contract Delegates Arbitrability Determination to the Arbitrator
By: Penelope A. Preovolos
The United States Supreme Court continued the pro-arbitration trend in its jurisprudence, as well as its strict construction of the Federal Arbitration Act, in its unanimous decision in Henry Schein , Inc. v. Archer & White Sales, Inc. , No. 17-1272, 2019 WL 122164
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November 30, 2018 - False Advertising, Consumer Products, Retail
Kimberly-Clark Seeks Supreme Court Review in “Flushable” Wipes Case
On September 6, 2018, Kimberly-Clark and affiliates filed a petition for writ of certiorari in Kimberly-Clark, et al. v. Davidson , No. 18-304, following a decision in the Ninth Circuit denying Kimberly-Clark’s motion to dismiss. As we noted in previous posts, the Ninth Circuit
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November 19, 2018 - Appellate & Supreme Court, TCPA
U.S. Supreme Court to Review Deference to the FCC in TCPA Cases
By: Tiffany Cheung
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
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October 24, 2018 - Privacy, FDA, Drug & Medical Device, Product Liability, Consumer Products
FDA Announces New Efforts to Combat Cybersecurity Threats in Medical Devices
By: Erin M. Bosman and Julie Y. Park
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
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October 22, 2018 - Privacy, Internet of Things
Digital Single Market Update: Technology Standardization in the EU
By: Alistair Maughan
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
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October 15, 2018 - Appellate & Supreme Court, Environmental Law, Product Liability, Consumer Products
BREAKING: Appellate Court Halts Trial on Coffee
On Friday, October 12, 2018, California’s Second Appellate District Court stayed the trial that was set to begin on Monday, October 15, 2018, in Los Angeles Superior Court, regarding whether cancer warnings are required for sales of coffee in California. The trial in Council
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October 10, 2018 - Autonomous Vehicles & Robotics, Product Liability, Consumer Products
U.S. DOT Revamps Federal Guidance on Automated Vehicle Development and Rollout
By: Erin M. Bosman
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
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