Gregory Sater

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For those that have adjusted to the fact that the FTC and the Antitrust Division of the Department of Justice really do care if you agree with your competitors to not recruit each other’s employees (for which, see this recent reminder from DOJ involving E-Bay’s alleged involvement in the scheme among high-tech companies to avoid “poaching” each other’s employees), the FTC just settled an investigation of two ski manufacturers that allegedly agreed not to solicit…
On March 25, 2014, Judge Dean Pregerson, of the U.S. District Court, Central District of California, decertified a nationwide class of consumers in a class action brought against POM Wonderful LLC over allegedly false and misleading health claims related to its pomegranate juice.  Judge Pregerson’s decertification order is significant because it makes class certification more difficult for plaintiffs, requiring that: 1) Plaintiffs comport with the rigorous analysis of class-wide damages set forth in the recent U.S.…
As of January 1, 2014, California law requires operators of websites and online services to publicly disclose how they respond to “do not track” (dnt) signals, though the exact requirements vary depending on whether an entity is a first party (e.g., web publisher) or third party (e.g., ad network). The new law will not require companies to honor dnt signals. Operators of websites and online services should be prepared to update their privacy policies. Background…
As we noted yesterday, it’s not necessarily a given that an allegedly misleading advertising claim leads inexorably to a viable class action lawsuit (most likely venued in California.).  Here’s one such recent example as to why. In the federal District Court in Los Angeles this past month, Chipotle Mexican Grill successfully defeated a class action plaintiff’s motion for class certification. Chipotle advertises that its products contain “Naturally Raised” meats, meaning “coming from animals that are…