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HTMLComity and Commonality: A Tale of Two Identical Class Actions Brought By Forum-Shopping Plaintiffs’ Counsel
Paul Seeley; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 26, 2014, previously published on February 19, 2014
In Murray v. Sears, Roebuck and Co., No. C 09-5744, 2014 WL 563264 (N.D. Cal. Feb. 12, 2014), the U.S. District Court for the Northern District of California denied a motion for class certification that was practically identical to a motion brought in the U.S. District Court for the Northern...

 

Adobe PDFA Guide to FDA Postmarketing Submission Requirements and Reporting Interactive Promotional Media
Cynthia J. Larose, Jonathan P. Ursprung; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
February 25, 2014, previously published on February 21, 2014
As part of existing FDA postmarketing reporting requirements, manufacturers, packers, and distributors that are FDA applicants or that act on behalf of FDA applicants (for simplicity, “Applicants”) are required to submit all promotional labeling and advertising pieces at the time of an...

 

HTMLComplaint from BBB Triggers HarperCollins COPPA-Compliance Measures
Julia M. Siripurapu; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
February 21, 2014, previously published on February 20, 2014
The Children’s Advertising Review Unit (CARU) announced (press release) that it has recommended that HarperCollins Publishers Ltd. (the “Company”) modify its information collection practices on its Ruby Redfort child-directed website (the “Site”) to better protect the...

 

HTMLMisleading Advertising - Competition Bureau’s Enforcement Priorities
Dominic Thérien; McCarthy Tétrault LLP;
Legal Alert/Article
February 17, 2014, previously published on February 14, 2014
On February 4, 2014, Lisa Campbell, Deputy Commissioner of the Fair Business Practices Branch, and Sophie Beaulieu, Competition Law Officer, participated in a lunch seminar at McCarthy Tétrault’s Montreal office to discuss the Competition Bureau’s current enforcement priorities...

 

HTMLCDRH Releases 2014-2015 Strategic Priorities
Jennifer D. Newberger; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
February 14, 2014, previously published on February 12, 2014
On February 5, 2014, CDRH released its 2014-2015 Strategic Priorities, in which it stated that the most important areas of focus over the next two years will be to “strengthen the clinical trials enterprise,” “strike the right balance between premarket and postmarket data...

 

HTMLFTC Reminds Advertisers and Their Agencies that Product Demonstrations Can be an Uphill Battle
Irving Scher; Greenberg Traurig, LLP;
Legal Alert/Article
February 11, 2014, previously published on February 6, 2014
Nissan North America, Inc. and the advertising agency that designed a television advertisement for the Nissan Frontier pickup truck have agreed to settle Federal Trade Commission (FTC) charges of deceptive advertising in a 30-second ad demonstrating how a Frontier can push a dune buggy up a steep...

 

HTMLRecent Rulings Highlight Risks of Shareholder Clawbacks, Capped Credit Bids for Distressed Investors; Appeals Pending
Adam H. Friedman, Jonathan T. Koevary, Mitchell Raab; Olshan Frome Wolosky LLP;
Legal Alert/Article
February 10, 2014, previously published on February 2014
A pair of Bankruptcy Court rulings last month, Weisfelner v. Fund 1 (In re Lyondell Chemical Co.,), Adv. Proc. Case No. 10-4609 (REG) 2014 WL 118036 (Bankr. S.D.N.Y Jan. 14, 2014) and In re Fisker Automotive Holdings, Inc.,Case No. 13-13087 (KG) (Bankr. D. Del. Jan. 17, 2014), address two of the...

 

HTMLFashion Documentaries: A Fashion Do
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
February 3, 2014, previously published on January 14, 2014
Since the first major fashion documentary featuring designer Isaac Mizrahi, “Unzipped,” made its debut in 1995, the popularity of fashion documentaries has only gained traction. Within the past five years, a smattering of renowned brands, including Marc Jacobs, Louis Vuitton, and...

 

HTMLFTC Targets Deceptive Advertising of Sale, Finance and Lease Terms by Automotive Dealers
David N. Anthony, Paige S. Fitzgerald, Nicholas R. Klaiber, John C. Lynch, Alan D. Wingfield; Troutman Sanders LLP;
Legal Alert/Article
January 30, 2014, previously published on January 22, 2014
Following up its settlement with two automotive dealers in September 2013, the Federal Trade Commission (FTC) has continued its nationwide targeting of misrepresentations made in print, Internet and video advertisements that relate to the sale, financing and leasing of motor vehicles. The FTC...

 

HTMLSupreme Court Holds That State Attorney General Suits Brought on Behalf of a State's Residents Cannot Be Removed to Federal Court Under the Class Action Fairness Act
Erika M. Stallings, Lawrence I. Weinstein; Proskauer Rose LLP;
Legal Alert/Article
January 17, 2014, previously published on January 16, 2014
On January 14, 2014, in Mississippi ex rel. Hood v. AU Optronics Corp., the U.S. Supreme Court unanimously held that lawsuits brought by state attorneys general seeking, among other things, recovery of funds for the benefit of a state's residents, do not qualify for removal to federal court under...

 


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