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Corporate Counsel

False Advertising and TCPA Litigation: Class Action Trends to Watch in 2023

2022 saw an increase in consumer class action filings, and 2023 is likely to follow that trend. With the number of these cases increasing, it is critical for businesses to stay on top of the latest trends, including the types of products and practices that plaintiffs are targeting. This article is the second of a two-part series that details the consumer class action trends to watch in 2023.
7 minute read

National Law Journal

Panel Unsure About Claims That Targeted Facebook Apartment Ads Showed Bias

"The reason people purchase ads is to impact the marketplace, to reach people they wouldn't otherwise reach," Gupta Wessler attorney Jonathan E. Taylor argued before the Fourth Circuit Court of Appeals. 
4 minute read

Corporate Counsel

Will Noncompete Ban Pave Way for Similar Assault on NDAs?

"From a regulatory perspective it's a logical extension of the restrictions ... that the federal government is enacting," said Stephen Piepgrass, a partner at Troutman Pepper.
5 minute read

Daily Business Review

TikTok, the World's First PI Catastrophe, and the Continuing Threat of Big Data

The proposed $1.5 billion restructuring of TikTok's U.S. operations is intended to allay concerns that Beijing could access U.S. users' data or shape what Americans see on the platform.
5 minute read

Corporate Counsel

FTC Finalizes $3M Penalty Against Credit Karma, Vows Tough Stance on Digital 'Dark Patterns'

The agency is stepping up investigations into online marketing tactics that might mislead consumers into making purchases or might make it hard for them to cancel subscriptions they no longer want.
3 minute read

Law.com

Magnuson-Moss Warranty Act Claim Against Ford Doesn't Meet Monetary Threshold for Federal Jurisdiction, Judge Concludes

"... [E]ven if the court were to consider the full damages sought by the plaintiff through her complaint, this calculation is too speculative and falls short of demonstrating jurisdiction by a preponderance of the evidence," the court said.
4 minute read

Law.com

When Can Your Mechanic Sell Your Car? Virginia Appeals Court Clarifies in First-Impression Ruling

In a case of first impression addressing the application of the Virginia Abandoned Vehicle Act, the Virginia Court of Appeals overrode a jury verdict that had found an auto body shop and its owner jointly liable for converting a customer's vehicle.
5 minute read

Connecticut Law Tribune

Siding With Plaintiffs, Federal Judges Kicks 9 Lawsuits Against Zantac Manufacturers Back to State Court

"Could the plaintiffs have filed a motion that made their intent clearer, such as by expressly disclaiming any request to consolidate for trial? Yes, they could have—and no doubt wished they did. But my role is not to grade or foot-fault the quality of the plaintiffs' filings. I must decide if the plaintiffs actually proposed consolidation for a joint trial. They did not," U.S. District Judge Jeffrey Alker Meyer wrote.
6 minute read

Corporate Counsel

Companies Must Tread Carefully as Regulators Step Up Enforcement Actions

"These are bet-the-company matters. It's not just on the monetary piece—which can be crippling in itself— but the potential injunctive provision that would require changes for businesses that makes it impossible to continue operating in a profitable manner," said Jonathan Direnfeld, an Orrick, Herrington and Sutcliffe partner.
4 minute read

The Legal Intelligencer

Pa. Justices Greenlight 'Aiding and Abetting' Ponzi Scheme Lawsuit Against Bank

"Many frauds, especially complex commercial frauds, cannot be perpetrated without the active assistance of secondary actors such as accountants, lawyers, bankers, analysts, etc.," Justice Kevin Dougherty said.
5 minute read

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