California may be a lot of things, but business-friendly is generally not one of them. Case in point, the California Consumer Privacy Act (“CCPA”) will take effect on January 1, 2020. A series of recent potential amendments...more
On December 13, 2018, the Federal Communications Commission issued its long-awaited guidelines for dealing with reassigned numbers under the Telephone Consumer Protection Act. After the D.C. Circuit unequivocally rejected the...more
The U.S. Supreme Court held in a 5-4 decision that states can require online retailers to collect sales tax, even when they do not maintain a physical presence in their borders. The opinion in South Dakota v. Wayfair, Inc.,...more
6/25/2018
/ Appeals ,
Commerce Clause ,
Constitutional Challenges ,
Internet Retailers ,
Interstate Commerce ,
Out-of-State Companies ,
Physical Presence Test ,
Quill ,
Reversal ,
Sales & Use Tax ,
SCOTUS ,
South Dakota v. Wayfair ,
Substantial Nexus
For over forty years it has been well-known that the filing of a class action tolls the statute of limitations for all members of the putative class. This doctrine stemmed from the United States Supreme Court’s decision in...more
The Ninth Circuit just put the entire mobile application industry on notice. Mobile casino applications may constitute gambling under Washington state law. ...more
Following the FCC’s 2015 Telephone Consumer Protection Act Omnibus Order, following ten consolidated appeals of the Order filed shortly thereafter, and following an oral argument in 2016, on March 16, 2018 the DC Circuit...more
3/20/2018
/ Auto-Dialed Calls ,
Declaratory Rulings ,
Exemptions ,
FCC ,
Mobile Devices ,
Prior Express Consent ,
Reassigned Phone Numbers ,
Revocation ,
Robocalling ,
TCPA ,
Telemarketing ,
Text Messages ,
Wireless Devices
It is no secret that there are certain jurisdictions that plaintiffs’ class action attorneys prefer to file suit, most notably, Chicago, Los Angeles, Miami and New York, to name a few. While plaintiffs’ lawyers may have...more
3/15/2018
/ Bristol-Myers Squibb ,
Class Action ,
Class Certification ,
Corporate Counsel ,
Forum Selection ,
Jurisdiction ,
Mass Tort Litigation ,
Multidistrict Litigation ,
Personal Jurisdiction ,
Putative Class Actions ,
Specific Jurisdiction ,
TCPA ,
Unsolicited Faxes
Brought about by an obscure state law passed nearly a decade ago—the Illinois Biometric Information Protection Act (740 ILCS 14/1)—the next wave of privacy class action litigation is here and in full-swing. While an Illinois...more
After a protracted legal fight, Cook County’s much maligned Sweetened Beverage Tax went into effect on August 2, 2017. See County of Cook, § 74-850, et seq.[1] In relevant part, the tax requires retailers of sweetened...more
After a protracted legal fight, Cook County’s much maligned Sweetened Beverage Tax went into effect on August 2, 2017. See County of Cook, § 74-850, et seq. In relevant part, the tax requires retailers of sweetened beverages...more
In January 2016, the Supreme Court issued its Campbell-Ewald v. Gomez decision and definitely ruled that Federal Rule of Civil Procedure 68 could not be used to moot the claims of a named plaintiff. Prior to that ruling,...more
6/22/2017
/ Appeals ,
Campbell Ewald v Gomez ,
Class Action ,
Class Representatives ,
Mootness ,
Offer of Judgment ,
Putative Class Actions ,
Rule 67 ,
Rule 68 ,
SCOTUS ,
TCPA