Class Action

Kellogg Ruling Guides On Easing Consumer Labeling 'Beef'

A California federal court recently dismissed a proposed class action alleging Kellogg’s meat substitute product labels were misleading, reminding food manufactures to prioritize clarity and avoid imagery or words that could create confusion, say Ariel Radow and Jordyn Milewski at Frankfurt Kurnit.

Minn.'s New Common Interest Doctrine: A Primer

In its recent ruling in Energy Policy Advocates v. Ellison, the Minnesota Supreme Court adopted the common interest doctrine, extending confidentiality to communications between an attorney and client that include a third party — but successful use of the doctrine will require care, preparation and attention to detail, says George Singer at Ballard Spahr.

Refining Info Governance As E-Discovery Gets More Complex

Courts are increasingly requiring litigants to produce chats and other conversations recorded on business collaboration platforms as evidence, so companies should develop strategies for preserving and organizing such data to timely comply with e-discovery requests and to protect sensitive information, say attorneys at Akerman.

D&O Insurer Challenges Amid Market, Economic Turbulence

The decline of record market capitalizations, compounded by high litigation and securities class action exposure, leaves directors and officers insurance carriers and issuers facing economic contraction as companies grapple with the institutionalization of environmental, social and governance investment priorities amid a new Cold War, say Nessim Mezrahi and Stephen Sigrist at SAR.

Risk Mitigation In Face Of Rising Legal Malpractice Claims

As the recent rise in frequency and cost of legal malpractice claims is expected to continue amid global high inflation and economic uncertainty, law firms and insurers would be wise to evaluate key risk areas and consider six steps to minimize exposure, say Nicole Shapiro and Cory Stumpf at Atheria Law.

The Perils of Piecemeal Invocation of Arbitration Rights

A Missouri federal court's decision in Burnett v. National Association of Realtors, currently on appeal, suggested that the right to arbitrate cannot be asserted piecemeal in the class action context — but a body of case law can guide on what happens when named plaintiffs don't have agreements but putative class members do, say Stephen Safranski and Ryan Marth at Robins Kaplan.

3M Earplug Ruling Shows Risks Of 'Texas Two-Step'

An Indiana bankruptcy court’s recent decision not to protect nondebtor parent 3M from litigation related to hearing protection devices is a warning for defendants contemplating a Texas two-step or divisive merger, as they could risk being responsible for funding a debtor subsidiary without injunction protection, say Fredric Sosnick and Kyle Jaksa at Shearman.

Series

Keys To A 9-0 High Court Win: Look For Common Ground

When arguing for the petitioner in Golan v. Saada before the U.S. Supreme Court earlier this year, a focus was placed on appealing to multiple judicial philosophies with the aim of not only winning each justice’s vote, but also achieving clear guidance from the court’s opinion, says Karen King at Morvillo Abramowitz.

A Circuit-By-Circuit Review Of The False Ad Puffery Defense

While all federal courts recognize puffery — a broad term that describes vague representations — as a defense to false advertising claims, there is no uniform definition; so advertisers would be wise to evaluate each circuit's stance, say Andrew Pruitt and Roy Abernathy at Crowell & Moring.

Limiting The Scope Of Representation Is Critical For Lawyers

A Mississippi federal court's recent decision in Kee v. Howard L. Nations PC highlights the importance of well-written engagement letters, and shows why it is vital for attorneys to specify exactly which services they intend to supply, says Ronald Levine at Herrick Feinstein.

2 Illinois Cases Poised To Shape BIPA Litigation Landscape

The Illinois Supreme Court's anticipated rulings in Tims v. Black Horse and Cothron v. White Castle could alter the outlook for Biometric Information Privacy Act litigation, putting an end to companies' and insurers' willingness to pour money into expensive settlements, say Pamela Signorello and Megan Brown at Wiley.

The Lawyer Personalities That Make Up Joint Interest Groups

As multiparty litigation rises and forces competing law firms to work together, George Reede at Zelle looks at the different personalities — from tactful synthesizers to misguided Don Quixotes — that often make up joint representation groups, and how lawyers can overcome the tensions in these and other team settings.

Dr. Oz Class Settlement Shows How Liability Can Diminish

The recent $625,000 class action settlement concerning weight loss supplements promoted by Dr. Oz shows that litigation issues — from merit of claims to nonmonetary relief agreements — can significantly reduce the alleged multimillion-dollar liability a defendant must pay out of pocket, says Michael Zbiegien at Taft.

Attys Shouldn't Assume Judicial Critique Is Protected Speech

As it becomes more commonplace to see criticism of the judiciary in the media, licensed attorneys are well advised to remember that they may have less freedom than nonlawyers to make protected speech critical of the judiciary, says Mark Hinderks at Stinson.

Series

Keys To A 9-0 High Court Win: Practicality Over Perfection

When I argued for the petitioner in Wooden v. U.S. last year, I discovered that preparation is key, but so is the right kind of preparation — in giving decisive answers to the U.S. Supreme Court justices' hypothetical questions I was not aiming for perfection, just the best response available, says Allon Kedem at Arnold & Porter.