Class Action & Mass Torts

California Enacts Anti-Arbitration Legislation, but Will the FAA Limit Its Potential Impact? Not Entirely.

By John Lewis & Joseph S. Persoff on October 11, 2019

On Oct. 10, California Governor Gavin Newsom signed into law an attempt by California’s Legislature to limit arbitration of claims under California’s Fair Employment and Housing Act (“FEHA”). FEHA prohibits harassment, discrimination and retaliation on the basis of various protected characteristics, such as gender, age, disability or national origin. Taking effect Jan. 1, 2020, AB 51 amends the California Labor Code to provide the following: An employer cannot require that an employee agree to arbitrate any…

Class Action Countermeasures

The Revitalization of CIPA Claims in the New Age of “Smart” Speakers (Part I)

By Alicia A. Baiardo & Christine M. Mastromonaco on October 11, 2019

Welcome to a three-part series that provides an overview of the California Invasion of Privacy Act (CIPA), examines recent CIPA litigation involving smart speakers, and proposes defenses in response to an alleged violation. CIPA in the Age of Smart Devices The California Invasion of Privacy Act (CIPA)[1]—traditionally used by law enforcement and the plaintiffs’ bar to address illegal recording/eavesdropping on phone calls—has seen renewed interest in the age of smart speakers. Smart speakers,…

Employment Class and Collective Action Update

Jackson Lewis Complex Class Action Summit – November 8th

By Stephanie L. Adler-Paindiris, Eric R. Magnus & David R. Golder on October 11, 2019

Join Jackson Lewis P.C.’s Class Actions and Complex Litigation attorneys on November 8thfor a full day CLE program where we will discuss key strategies for defending and avoiding class actions. We will also review new trends and challenges facing employers. Click here for a full list of topic descriptions. Agenda: 8:30 — 9:00 a.m. Registration and Breakfast 9:00 a.m. — 12:15 p.m. Program 12:15 — 1:15 p.m. …

Consumer products law blog

The mysterious world of Prop 65 reloaded, part 3: the warning

By Jeff Margulies (US), Will Troutman (US) & Andy Guo (US) on October 10, 2019

Editor’s Note: On August 30, 2018, OEHHA’s amendments to the Proposition 65 clear and reasonable warning regulations became effective. The amendments bring two major changes: the first ever allocation of responsibility for warnings, which places the primary responsibility on upstream entities rather than retailers; and significant changes to the “safe harbor” warning regulation, including warning content and methods of transmission. This post focuses on the content of the warning itself; a detailed discussion of supplier and retailer responsibility can…

Mass Torts Law Blog

Allergan Breast Implants Alleged to Cause Cancer

By Martin P. Schrama & Stefanie Colella-Walsh on October 10, 2019

On October 3, 2019, Plaintiffs in several pending class actions made a motion before the Judicial Panel on Multidistrict Litigation, to centralize related Allergan Biocell textured breast implants lawsuits in a Multidistrict Litigation. The Judicial Panel on Multidistrict Litigation (“JPML”) is a panel of appellate and district court judges that determine whether or not to create an MDL. A Multidistrict Litigation (“MDL”) is a procedure whereby qualifying cases filed in federal district courts throughout the…

Product Warning Blog

The Most Bizarre and Riveting Criminal Trial Since OJ: Guyger

By Jason Edward Ochs on October 7, 2019

A recap of the Guyger trial is not the best title to describe this post, which details what was otherwise a riveting criminal case that only to some degree received the attention it deserved. Here, I try my best to capture the many components of the Guyger trial, reported by various outlets, in a manner to bring to you the tremendous facts, both obvious and not, that captured those that paid any attention. Brief Background:…

Oil and Gas Fraud Lawyer Blog

Oil and Gas Investments—There’s no Such Thing as a Guarantee

By Mark Alexander on October 7, 2019

Guaranteed investment returns of 227% to 363% over six years. Sounds too good to be true, right? Not so fast. What if the oil and gas investment includes a guaranteed monthly stream of income for six years regardless of oil prices? Well, investors in 28 states took a piece of the action. During two years ending in 2016, 70 retail investors gave William J.Milles, Jr. and Donald J. Lutzko almost $4 million to invest in…

Employment Class Action Blog

Seventh Circuit Holds That Opt-Outs Lack Standing To Challenge Settlement

By Greg Mersol on October 7, 2019

What were they thinking, anyway? Eighteen months ago, a group of African American financial advisors brought suit against JPMorgan Chase for alleged race discrimination and retaliation. They sought to assert claims on behalf of a class of 273 individuals. The parties immediately entered into settlement discussions and reached an agreement to resolve the claims for a total of $24 million. The settlement included changes to company policies relating to recruiting, training, counseling and the posting…

Declassified

Spam or Class Action Refund? Consumers Can’t Tell

By John E. Goodman & Kelsie M. Overton on October 3, 2019

Two recent studies by the FTC show that some methods for notifying potential class members of class action settlements are not as effective as courts and counsel might believe. In September, the FTC published a report on two studies it conducted surrounding the effectiveness of combined class certification and settlement notices. The Administrator Study compared characteristics of class action settlement administration, like notice methods and compensation amounts, to the settlement claim filing and payout rates.…

Consumer Protection Connection

Truly Organic? Not Really, Says FTC

By Sheila Millar on October 2, 2019

Many consumers are drawn to products advertised as healthy and natural, and will often pay a premium for organic products, from foods to personal care items to clothing. But the Federal Trade Commission (FTC) takes a dim view of companies that don’t live up to their green promises. Case in point: Miami-based Truly Organic and its CEO, Maxx Appelman, just settled with the FTC for $1.76 million over allegations that the company’s personal care products…