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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.

January 13, 2021 - Privacy, Class Action
Privacy Litigation 2020 Year in Review: BIPA Litigation
By: Tiffany Cheung, Michael Burshteyn 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: Mark David McPherson, Purvi G. Patel and Michael Burshteyn
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: Nancy R. Thomas and 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
By: Nancy R. Thomas
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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November 24, 2020 - Coronavirus (COVID-19), Public Readiness and Emergency Preparedness Act (PREP Act), Announcements & Press, Drug & Medical Device, Product Liability, MDL, Class Action
Join Us: Drug & Medical Device Litigation Conference
By: Erin M. Bosman and Julie Y. Park
MoFo is a proud sponsor of the American Conference Institute’s Drug & Medical Device Litigation Conference , the premier products liability litigation event for the pharmaceutical and medical device industries for the past 24 years, to be held virtually on December 8 – 9,
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November 05, 2020 - MDL, Class Action
A Rule 23 Negotiation Class? Not So Fast!
By: David J. Fioccola and Robert J. Baehr
In the sprawling National Prescription Opiate Litigation (MDL 2804), proponents of a “negotiation class” recently asked the Sixth Circuit for en banc review of a September 2020 decision that struck down the novel class mechanism. Arguing that the 2-1 panel decision imposed an impermissibly
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October 19, 2020 - Appellate & Supreme Court, Arbitration, Class Action
Arbitrating Arbitrability: Three Recent Appellate Decisions on Delegation Clauses in Arbitration Agreements
This summer, we discussed that the Supreme Court is reviewing whether an arbitration agreement’s clear delegation of the question of arbitrability to the arbitrator can be negated by a provision that exempts certain claims from arbitration. Henry Schein, Inc. v. Archer & White Sales,
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October 09, 2020 - TCPA, Consumer Products, Arbitration, Class Action
Does a Consumer Arbitration Agreement Apply to a Company’s Future Affiliates? The Ninth and Fourth Circuits Disagree
If a company enters an arbitration agreement with a consumer, can its future affiliate companies enforce the arbitration agreement even though the affiliate relationship did not exist at the time the consumer signed the agreement? The Ninth Circuit recently answered “no” in Revitch v.
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