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|Comity and Commonality: A Tale of Two Identical Class Actions Brought By Forum-Shopping Plaintiffs’ Counsel|
Paul Seeley; Sheppard, Mullin, Richter & Hampton LLP;
February 26, 2014, previously published on February 19, 2014In 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...
|A 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.;
February 25, 2014, previously published on February 21, 2014As 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...
|Complaint from BBB Triggers HarperCollins COPPA-Compliance Measures|
Julia M. Siripurapu; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
February 21, 2014, previously published on February 20, 2014The 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...
|Misleading Advertising - Competition Bureau’s Enforcement Priorities|
Dominic Thérien; McCarthy Tétrault LLP;
February 17, 2014, previously published on February 14, 2014On 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...
|CDRH Releases 2014-2015 Strategic Priorities|
Jennifer D. Newberger; Hyman, Phelps & McNamara, P.C.;
February 14, 2014, previously published on February 12, 2014On 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...
|FTC Reminds Advertisers and Their Agencies that Product Demonstrations Can be an Uphill Battle|
Irving Scher; Greenberg Traurig, LLP;
February 11, 2014, previously published on February 6, 2014Nissan 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...
|Recent 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;
February 10, 2014, previously published on February 2014A 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...
|Fashion Documentaries: A Fashion Do|
Sheppard Mullin Richter Hampton LLP;
February 3, 2014, previously published on January 14, 2014Since 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...
|FTC 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;
January 30, 2014, previously published on January 22, 2014Following 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...
|Supreme 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;
January 17, 2014, previously published on January 16, 2014On 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...