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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.

May 28, 2021 - Appellate & Supreme Court, Arbitration
One Estopp Shop: The Ninth Circuit Weighs in on the Use of Equitable Estoppel to Compel Arbitration in Two Recent Decisions
By: Adam J. Hunt
When can you compel arbitration of a putative class action? The law is developing quickly [1] and still doesn’t provide a crystal clear answer. The Ninth Circuit recently weighed in on two cases examining what happens when the parties don’t have an arbitration agreement
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May 18, 2021 - Coronavirus (COVID-19), FDA
New Face Mask Performance Standard Has Consumers Covered
ASTM International recently approved a new performance standard that will tell consumers just how much protection their cloth face masks offer. Some face coverings like N-95 respirators and surgical masks must meet certain filtration requirements enforced by government agencies like the U.S. Occupational Safety
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May 14, 2021 - Privacy, Appellate & Supreme Court, FTC
FTC & Privacy: Will the FTC's Rulemaking Push Result in New Privacy Rules?
By: Julie O'Neill
The Federal Trade Commission (FTC) is laying the groundwork to test the scope of its rulemaking authority. On March 25, 2021, FTC Acting Chairwoman Rebecca Slaughter (D) formed a group within the agency’s Office of the General Counsel to centralize FTC rulemakings. In announcing
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May 13, 2021 - Appellate & Supreme Court, Antitrust, Class Action, Mass Torts
FTC Lays Groundwork for Rulemakings: Are New Substantive Competition Rules Coming?
By: Alexander Okuliar, David J. Shaw and Joseph Charles Folio III
The Federal Trade Commission (FTC) appears poised to begin testing the scope of its rulemaking authority, including new substantive competition rules for the first time in decades. [1] On March 25, 2021, FTC Acting Chairwoman Rebecca Slaughter (D) formed a group within the agency’s
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May 03, 2021 - Announcements & Press, Product Liability, Trials
Erin Bosman and Arturo Gonzalez Named to Law360's 2021 Editorial Advisory Board
By: Erin M. Bosman and Arturo J. González
Erin Bosman and Arturo Gonzalez have been named to Law360 's 2021 Editorial Advisory Board. These boards provide feedback on Law360 's coverage and expert insight on how best to shape future coverage. Erin, co-chair of MoFo’s Class Actions + Mass Torts practice and
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April 30, 2021 - Appellate & Supreme Court, FTC, Antitrust, Class Action
AMG Capital v. FTC – SCOTUS Strips the FTC of a Critical Enforcement Tool
By: Bonnie Lau, Megan E. Gerking, David J. Fioccola, Adam J. Hunt and Michael G. Ahern
In a unanimous decision reversing the Ninth Circuit, the Supreme Court in AMG Capital v. FTC ended a federal circuit split and squarely held that the FTC lacks authority to pursue equitable monetary relief in federal court under Section 13(b) of the Federal Trade
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April 09, 2021 - Announcements & Press, Product Liability, Class Action, Mass Torts
Erin Bosman and Julie Park Receive "Readers' Choice" Awards 2021
By: Erin M. Bosman and Julie Y. Park
JD Supra has recognized Morrison & Foerster as part of its Readers’ Choice Awards. The Awards recognize top authors and firms whose articles were read by C-suite executives, in-house counsel, media, and other professionals across the JD Supra platform during 2020. Erin Bosman, co-chair
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April 08, 2021 - Class Certification, Trials, Class Action
Second Circuit Affirms Class Decertification Based on Inadequate Representation
By: Jessica Kaufman and Adam J. Hunt
Class certification is often discussed as a “stage” of litigation, but the Second Circuit’s recent decision in Jin v. Shanghai Original, Inc. et al [1] is a good reminder that, even after a class is certified, class treatment must remain appropriate throughout the litigation.
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April 08, 2021 - Appellate & Supreme Court, Class Action, FCRA
Relief for the Unharmed: Supreme Court Considers Whether Article III & Rule 23 Permit Certification Where Most Class Members are Uninjured (Ramirez v. TransUnion)
By: Penelope A. Preovolos, Claudia M. Vetesi and Lena Gankin
The United States Supreme Court has repeatedly declined to resolve a question that has sharply divided the Circuits: whether a class may be certified even though it contains uninjured members. See e.g. , Tyson Foods, Inc. v. Bouaphakeo et.al. , 136 S. Ct. 1036,
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April 05, 2021 - Privacy, Appellate & Supreme Court, TCPA, Consumer Products, Class Action, Retail, Mass Torts
Much-Anticipated Supreme Court Ruling Limits the TCPA’s Definition of an Autodialer
By: Tiffany Cheung, Julie O'Neill and Michael Burshteyn
The Supreme Court has issued its much-anticipated ruling in Facebook v. Duguid , impacting many pending TCPA cases nationwide and providing guidance to the many businesses that engage in calling and texting campaigns. The TCPA generally requires an individual’s prior consent to use an
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