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|California Supreme Court to Address Insurance Coverage of Advertisers|
Jeremy M. King, Andrew B. Lustigman; Olshan Frome Wolosky LLP;
December 18, 2013, previously published on December 2013The California Supreme Court currently is considering an appeal that will have broad-reaching consequences for policyholders that face allegations of patent and trademark infringement. Hartford Cas. Ins. Co. v. Swift Distribution, Inc., No. S207172 (Cal.). Gary-Michael Dahl sued Swift Distribution,...
|BBB Warns Advertisers and Web Publishers to Take Responsibility for Behavioral Advertising Disclosures|
Rohit Dave; Proskauer Rose LLP;
December 16, 2013, previously published on December 13, 2013The Better Business Bureau (“BBB”) and the Direct Marketing Association (“DMA”) are in charge of enforcing the ad industry’s Self Regulatory Principles for Online Behavioral Advertising (“OBA Principles”), which regulate the online behavioral advertising...
|Second Circuit Ruling Opens Door to Telephone Consumer Protection Act Class Actions in New York|
Erika M. Stallings, Lawrence I. Weinstein; Proskauer Rose LLP;
December 13, 2013, previously published on December 12, 2013Litigation under the Telephone Consumer Protection Act (TCPA) has skyrocketed in recent years, with an estimated eighty percent of all cases filed in or transferred to federal court under the statute occurring in the past five years. Because of the availability of statutory penalties, these cases...
|Money Spent on Marketing Financial Products Beats Financial Education|
Jonathan L. Pompan; Venable LLP;
December 13, 2013, previously published on December 11, 2013The Consumer Financial Protection Bureau (“CFPB”) recently released a study of consumer financial services marketing, which found that it can be difficult for consumers to find objective information. The study focuses on the size and scope of the financial information field. The study...
|California Court Continues Ascertainability Trend, Denies Class Certification in Chipotle "Naturally Raised" Litigation|
Edward P. Boyle, David D. Conway; Venable LLP;
December 9, 2013, previously published on December 2013Purveyors of mass-retail food products may have a new reason to rejoice this holiday season. On December 2, the U.S. District Court for the Central District of California, in Hernandez v. Chipotle Mexican Grill, Inc., quietly issued a three-page In Chambers Order denying class certification in a...
Jesse M. Brody, Alan L. Friel; Edwards Wildman Palmer LLP;
December 6, 2013, previously published on December 2013 Companies should examine their data privacy and security policies and practices before the start of the New Year to make sure that they are compliant with new changes in federal and state laws, regulatory guidance, self-regulatory programs and evolving enforcement priorities affecting consumer data...
|Point, Click and Contract?|
Alagood Cartwright P.C.;
December 5, 2013, previously published by Denton Business Chronicle on December 15, 2013More and more of us are doing our shopping online for the holidays. Much of the time, before the sale is completed, we are asked to check a box that says something like "agree to terms and condition." Occasionally, if you are like most people, you'll scroll down the tiny box skimming...
|FDA’s Message to Medical Device Company: Stop|
Ralph S. Tyler; Venable LLP;
December 2, 2013, previously published on November 27, 2013The widely publicized start-up company 23andMe, Inc. markets its “personal genome service product” as providing reports on hundreds of diseases and conditions that enable users to “take steps toward mitigating serious diseases,” including diabetes, coronary heart disease,...
|The New Targeted Advertising Initiative: Scanning Faces|
Dentons Canada LLP;
November 27, 2013, previously published on November 26, 2013Tesco has teamed up with UK technology group, Amscreen to launch "OptimEyes screen", across its 450 petrol stations, in a reported five year deal.
|When is a Product Natural? A Dangerous New Front in the Battle Over A Notoriously Undefined Term|
Barry M. Benjamin, John C. Knapp; Kilpatrick Townsend & Stockton LLP;
November 25, 2013, previously published on November 22, 2013A class action filed in California this month challenges the “100% Natural” claim on Celestial Seasonings’ teas on the basis of testing alleged to have revealed the presence of various pesticides and other toxic elements in the product. However, the case, Von Slomski v. Hain...