May 22, 2018Class Action, TCPA

After ACA International, FCC Seeks Comment on Autodialer Definition

Last week, the Federal Communications Commission (“FCC”) issued a public notice (the “Notice”) seeking comment on key aspects of the Telephone Consumer Protection Act (“TCPA”) that were addressed in the recent decision in ACA International, et al. v. FCC, 885 F.3d 687 (D.C. Cir. 2018).  As we noted in our Client Alert on the decision, ...›

May 21, 2018Consumer Products, Privacy

California May Pass Its Own GDPR

While companies are focusing on compliance with the EU’s General Data Protection Regulation requirements, Californians will be given the option to impose a sweeping, GDPR-like privacy regime that also deserves attention. On May 3, 2018, proponents of the California Consumer Privacy Act announced they had collected the signatures needed to qualify the act for the ...›

The Last Straw: Northern District of New York Chucks “Garden Veggie Straws” Case

On April 17, 2018, the Northern District of New York dismissed a false advertising case against the Hain Celestial Group, Inc. based on the allegedly misleading packaging of Hain’s “Garden Veggie Straws.” Solak v. Hain Celestial Group, Inc., Case No. 3:17-cv-00704 (N.D.N.Y).  In particular, plaintiff took umbrage with depictions on the product’s packaging, including images ...›

Digital Toy Product Company Ducks Data Breach Class Action

For the second time, an Illinois federal judge powered down a proposed class action against VTech Electronics following a 2015 data breach of its internet-connected digital learning toys. The data breach also triggered separate allegations by the Federal Trade Commission (FTC) that VTech violated federal children’s privacy laws. Both developments illustrate the increasing exposure that ...›

April 25, 2018Consumer Products

The 2018 Legal Landscape: Here’s What’s In Store for Consumer Products Companies

Running a successful consumer products company in a rapidly evolving business landscape is no small feat. Consumer trust is central to success, but events like product recalls, contaminations, product defects, privacy violations, and data breaches can undermine that trust. These risks only increase when products are connected to the internet, contain sensitive consumer information, or ...›

What's Next?
April 25, 2018Consumer Products

Legal Risks to Consumer Products Companies

What are the biggest legal risks facing consumer products companies in 2018? What are the 2018 new case activity drivers? What are your legal department’s biggest concerns for 2018? See our infographic below for results from our recent Legal Risks to Consumer Products Companies report. ...›

Heinz

Here’s the Recipe: How to Ensure Your Food and Beverage Company Will Be Ready for a Value-Maximizing Sale

You’ve created a great product and built a valued brand. You’ve devoted countless hours to building relationships with key distributors and retailers, designing attractive packaging, and forging a social media presence. But are you doing everything to ensure that your business is set up for sale? Have you taken the steps to address the potential ...›

Time Is Money: Time Spent Resolving Issues Arising from Data Breaches Enough to Plead Standing and Damages

Another court has allowed individuals to move past the preliminary stages of litigation by finding that “lost time” and the “time value of money” are injuries. Building on its prior rulings allowing data breach cases to jump over standing hurdles, on April 11, 2018, in Dieffenbach v. Barnes & Noble, Inc., No. 17-2408 (7th Cir. 2018), ...›