Publications
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09.25.2023Another Court Rejects a Company’s Attempt To Avoid Mass-Arbitration FeesUpdatesThe U.S. District Court for the Northern District of Illinois is the latest court to require a company to pay millions of dollars in fees to adjudicate mass arbitrations. Judge Harry D. Leinenweber compelled Samsung Electronics America, Inc., and Samsung Electronics, Co., Ltd. to arbitrate according to Samsung’s Terms & Conditions and ordered Samsung to pay over $4 million in initial fees to the American Arbitration Association before the merits of any individual claims are considered.
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06.27.2023Supreme Court Requires Stay Pending Appeal of Arbitration DenialUpdatesOn June 23, the U.S. Supreme Court held that federal district courts must stay all proceedings pending appellate review of an order denying a motion to compel arbitration.
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04.14.2022Consumer Protection Takeaways From ABA Antitrust MeetingArticles
Law360
Consumer protection issues generated a lively discussion at the American Bar Association's 70th Antitrust Law Spring Meeting, held April 5-8 in Washington, as thousands of practitioners, enforcers, academics and jurists from around the world interacted in person for the first time since 2019. -
04.13.2022The Ninth Circuit Addresses Website Design for Enforceable Terms of ServiceUpdatesOn April 5, 2022, the U.S. Court of Appeals for the Ninth Circuit refined the standard for enforcing terms of service presented on websites via hyperlinks.
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05.22.20202020 Virtual ABA Antitrust Spring Meeting: Consumer Protection TakeawaysUpdatesWe offer some key takeaways from three sessions from the ABA's virtual Antitrust Law Spring Meeting focused on consumer protection: an annual review of the consumer protection landscape, developments in consumer privacy, and insights into the Federal Trade Commission's enforcement activities and priorities.
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05.15.2020Highlights From The Virtual Antitrust Spring Meeting: Part 3Articles
Law360
Key takeaways from three sessions focused on consumer protection: an annual review of the consumer protection landscape, developments in consumer privacy, and insights into the Federal Trade Commission's enforcement activities and priorities. -
04.11.20192019 ABA Antitrust Spring Meeting: Consumer Protection TakeawaysUpdates
This is the final article in a three-part series on the American Bar Association's 67th Antitrust Law spring meeting.
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11.02.2018What We Heard at the FTC Hearings: Days 6 And 7Articles
Law360
The fourth hearing in the Federal Trade Commission’s “Competition and Consumer Protection in the 21st Century” series — addressing innovation and intellectual property — took place Oct. 23 - 24, 2018. We offer some key takeaways. -
09.06.2018Made In USA: Increasing Challenges to False or Misleading U.S.-Origin ClaimsUpdatesU.S. consumers notice and are more likely to buy products that are marketed as Made in USA. President Donald J. Trump proclaimed in his inaugural address that we should “follow two simple rules: Buy American and Hire American.”
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04.26.20182018 ABA Antitrust Law Spring Meeting: Consumer Protection TakeawaysUpdatesThe American Bar Association’s 66th Antitrust Law Spring Meeting held earlier this month included many sessions on consumer protection.
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04.18.2018Highlights of ABA Antitrust Spring Meeting: Part 3Articles
Law360
The American Bar Association’s 66th Antitrust Law Spring Meeting, held last week, included many sessions on consumer protection. Some of the most interesting panels are discussed in the article. -
04.12.2017Consumer Protection Takeaways From the 2017 ABA Antitrust Law Spring MeetingUpdatesThe American Bar Association’s 65th Antitrust Law Spring Meeting held at the end of March included a number of sessions focused on consumer protection.
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04.05.2017Takeaways From The ABA Antitrust Spring Meeting: Part 3Articles
Law360
In an article in Law360, “Takeaways From The ABA Antitrust Spring Meeting: Part 3," focused on consumer protection from the annual ABA Antitrust Law 2017 Spring Meeting.
Presentations
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03.20.2024Dark Patterns: Shining a Light on Unlawful Game DesignSpeaking EngagementsSpeaker
GDC 2024 / San Francisco, CA -
10.05.2023Consumer Protection Update: Dark PatternsSpeaking EngagementsVideo Game Bar Association Summit Northwest / Seattle, WA
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07.23.2020Technology Tools & SolutionsSpeaking Engagements
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02.13.2020Weyerhaeuser Flak Jacket CasesSpeaking Engagements
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10.10.2019Antitrust Law: Compliance TrainingSpeaking Engagements
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07.16.2019Litigation & Practice TechnologySpeaking Engagements
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07.08.2019Antitrust Law: Trade Associations and Talking FeesSpeaking Engagements
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05.16.2019What Companies Need to Know about Antitrust Risks from PricingSpeaking Engagements
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04.25.2019Comparative Advertising: Strategies for Comparative CampaignsSpeaking EngagementsWSBA CLE Program / Seattle, WA
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04.25.2019Recent Developments in Advertising LitigationSpeaking Engagements
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09.08.2016; 10.03.2016Litigation Lessons from FTC v. Amazon.com, Inc.Speaking Engagements
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03.29.2016Trial: Preparing for It, Living It, Surviving ItSpeaking Engagements
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02.12.2015Litigation Lessons from Costco Wholesale Corp. v. AU Optronics et al.Speaking Engagements
Consumer Protection Review
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Key Takeaways: Haleon plc recently challenged Ginger Health Company (Wonderbelly) at the National Advertising Division (NAD) about influencer-related disclosure obligations in social media posts. In its complaint, Haleon alleged that its competitor, the maker of Wonderbelly Antacids, and its endorsers did not adequately disclose their material connections in their posts (the Federal Trade Commission (FTC))... Continue Reading…
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Top Advertising Law Trends for 2024
With the first quarter of 2024 in full swing, it is a good time for brands to revisit marketing compliance strategies to minimize the risk of potential class actions, regulatory enforcement actions, and competitor challenges. This Update highlights hot topics in advertising law for 2024. Click here to read the full Update. Continue Reading…
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Judge Rules Water Bottler Must Face Class Action Over “Carbon Neutral” Claims
Key Update: The lawsuit seeks to represent a nationwide class and a California subclass of consumers who purchased Evian brand water bottles. The plaintiffs claimed that the Carbon Trust certification logo on the packaging misled customers into believing that the product’s manufacturing process had no carbon footprint. The plaintiffs also assert that Danone’s advertising is... Continue Reading…
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FTC Warns Trade Associations and Influencers About Social Media Posts Promoting Sugar
Key Update: The warning letters sent by the FTC urge the health and diet influencers to review their Instagram, TikTok, and other social media posts to ensure that any material connections are clearly and conspicuously disclosed. The FTC alleged that none of the influencer posts contained video disclosures, and some influencers did not disclose their... Continue Reading…