Wave of Privacy Class Actions Creating Compliance 'Quicksand': The Morning Minute
The news and analysis you need to start your day.
October 31, 2023 at 06:00 AM
4 minute read
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WHAT WE'RE WATCHING
SCARY THOUGHTS - It's Halloween, so let's talk about a nightmare that's currently haunting defense lawyers and in-house counsel: an increase in privacy class actions. In the current environment of changing privacy laws and an uptick in litigation in the area, the defense bar is warning companies that it's time to take a hard look at compliance before things get even more out of hand. "Compliance programs out there right now are finding the dirt underneath is turning to quicksand," Sean M. Buckley, a member with Dykema Gossett in Dallas, told Law.com's Colleen Murphy. "They are not keeping up with the velocity of the new laws and new regulations and new interpretations being passed as it relates to privacy and digital tracking."
TALENT WRANGLERS - Multiple firms this quarter have announced new leaders or created new roles to oversee hiring and talent. As Law.com's Andrew Maloney reports, law firms are always thinking about how they attract and retain talent. But it's likely that several trends, like generational churn and many new lawyers' "get-in, get-out" approach to Big Law, are top-of-mind for talent leaders across the industry. "Right now, it wouldn't surprise me if some of the firms that have made these recent moves are trying to get in front of some of the likely talent issues they'll be facing over the next five to 10 years, as they see a wave of baby boomers retire out of the firm, and younger attorneys increasingly see their time at a law firm as a short-term stay," said Kristin Stark, a principal at Fairfax Associates.
ON THE RADAR - Robert J. Herrington of Greenberg Traurig and Robyn E. Bladow of Kirkland & Ellis have stepped in as defense counsel to Rite Aid and GlaxoSmithKline in a pending consumer class action regarding the defendants' over-the-counter decongestant products containing phenylephrine. The case, filed Sept. 9 in California Eastern District Court by Singleton Schreiber LLP, is part of a string of lawsuits following an FDA advisory announcement that phenylephrine lacks efficacy for treating nasal congestion. The court action also takes aim at Johnson & Johnson, Procter & Gamble, Walgreens and others. The case, assigned to U.S. District Judge Troy L. Nunley, is 2:23-cv-01965, Pack et al v. Johnson & Johnson Consumer Companies, Inc. et al. Stay up on the latest state and federal litigation, as well as the latest corporate deals, with Law.com Radar.
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