Bristol-Myers Squibb: A Dangerous Sword
- On June 19, 2017, the U.S. Supreme Court issued a decision that has the potential to reshape the way class actions are litigated in courts throughout the country. In Bristol-Myers Squibb Co. v. Superior Court of California,[1] or BMS, the court clarified the scope... ›
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... ›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... ›Here’s the Recipe: How to Ensure Your Food and Beverage Company Will Be Ready for a Value-Maximizing Sale
By: Spencer D. Klein, Joseph Sulzbach and Domnick Bozzetti
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... ›No Injury? No Problem: Mere Risk of Identity Theft Can Establish Standing
Overview Standing requirements have forced many a data breach action to stand down. Can a plaintiff have a claim (and on behalf of a massive class) when plaintiff hasn’t suffered any harm? For those polling the Circuits, the Ninth Circuit votes “yes.” And because... ›CPSC Will Sharpen Its Focus on IoT in Upcoming Public Hearing About Internet-Connected Devices
By: Julie Y. Park
The Consumer Product Safety Commission (CPSC) announced today that on May 16, 2018, it will hold a public hearing on “potential safety issues and hazards associated with internet-connected consumer products.” [1] The Commission will hear testimony from interested stakeholders on potential safety hazards created... ›WARNING: Proposition 65 Farce About to Repeat Itself for Vulnerable Foods and Flavorings
Plaintiffs have begun serving Proposition 65 notices of violation alleging unwarned exposures to furfuryl alcohol (FFA). Like acrylamide, which has been the subject of significant Proposition 65 litigation already, FFA is present in a wide variety of foods and flavorings and forms as a... ›Round One Goes to Roundup: Court Temporarily Enjoins Proposition 65 Warnings for Glyphosate and Glyphosate Residues in Foods
By: William F. Tarantino
Last Monday, a federal judge temporarily barred California from requiring cancer warnings on products that contain detectable amounts of glyphosate—the main ingredient in Monsanto’s flagship herbicide Roundup. Trace residues of glyphosate in food products had already become a potential target of Proposition 65 bounty... ›Personal Delivery Devices (PDD): New Transportation Frontiers Emerge for Autonomous Vehicle Rulemakers
By: Tessa Schwartz
With regulatory frameworks around autonomous vehicles (AVs) under development at the federal, state, and local levels, new autonomous technology frontiers are emerging for rulemakers. The latest is personal delivery devices (PDDs) – essentially small autonomous vehicles designed primarily for last-mile logistics using sidewalks and... ›California Opens the Road to Fully Driverless Cars; Federal Policymaking Slowly Rolls Forward
By: Tessa Schwartz
On February 26, 2018, the California Department of Motor Vehicles (DMV) announced new regulations allowing fully driverless cars to be tested on California roads as of April 2, 2018. The announcement culminates a multi-year process undertaken by DMV. The new regulations mark a significant... ›