LexisNexis® Legal Newsroom
Ignorance Is Risk: Impact of NSA Monitoring Technologies On Attorney-Client Communications, Part 1

By Thomas H. Clarke, Jr., and Lael D. Andara Knew or should have known, a standard often applied in a myriad of legal context, could soon be the one applied to attorneys who ignore the risks associated with communicating with clients using modern technologies (i.e., text messaging, emails, telephone...

Ignorance Is Risk,: Response Options To NSA Monitoring Of Attorney-Client Communications, Part 2

By Thomas H. Clarke, Jr., and Lael D. Andara Click here to read Ignorance Is Risk: Impact of NSA Monitoring Technologies On Attorney-Client Communications, Part 1 . Faced with the very real possibility that every keystroke, mouse click, image, and audio/video file is subject to monitoring, we now...

William A. Ruskin: U.S. Bankruptcy Court Exposes Plaintiff Scheme To Suppress Asbestos Exposure Evidence

By William A. Ruskin On January 10, 2014, the Hon. George R. Hodges, United States Bankruptcy Court for the Western District of North Carolina, handed down a decision that promises to be a “game changer” for asbestos manufacturers facing potentially crushing mesothelioma death claims....

Ballard Spahr LLP: Calif. Law Does Not Bar Recording of Cell Phone Calls by Participants, Federal Court Rules

By the Consumer Financial Services Group A California federal court recently ruled that the state’s call recording statute does not apply to cell phone call participants. This decision should help companies that record consumer calls for monitoring purposes defeat class actions brought under...

Ballard Spahr LLP: Caveat Venditor (Let the Seller Beware): Consumer Protection Laws Can Have Significant Implications

By Roger D. Winston, Shelah F. Lynn, Timothy P. Martin and Katherine M. Noonan A decision by the District of Columbia Court of Appeals emphasizes the need for real estate developers to proceed with caution when making representations to potential home buyers in jurisdictions with consumer protection...

Norton Rose Fulbright: California Closely Scrutinizes ‘Made In The USA’ Claims

By Lauren Shoor Labeling products as “Made in the USA” has seen increased popularity recently, as retailers and manufacturers attempt to capitalize on consumers’ desire to support domestic jobs and US-made goods. Despite the seeming cachet of these statements, they may open companies...

Norton Rose Fulbright: Purchase One Product, Sue For Them All?

By Julie Glazer An emerging trend in consumer product class actions is for a class representative to bring claims for entire lines of products, despite only purchasing one of the products. Although traditional principles of standing seem to dictate the death of this argument, more and more courts...

Norton Rose Fulbright: E-Cigarette Flavor Found To Contain Chemical Associated With Lung Disease

By Stephanie Stroup (US) A recent investigation conducted by the BBC has concluded that an e-cigarette flavoring purchased in Northeast England contained a potentially harmful chemical that has been associated with the lung condition known as “popcorn worker’s lung.” The British...

Norton Rose Fulbright Consumer Products Law Blog: Formula For Disaster: FTC Sues Gerber For Falsely Advertising Baby Formula As ‘’FDA Approved’

By Julie Glazer Last week the FTC sued Gerber Products Co., alleging that it has no basis for asserting that its Good Start Gentle baby formula reduces the risk of infant allergy development and that these health claims were falsely advertised as “FDA Approved.” Whether to identify...

Babst Calland: Pennsylvania Amends Mechanics’ Lien Law to Create New Notice Procedures and Requirements

By James D. Miller, Esq. On October 14, 2014, Governor Tom Corbett signed into law Act No. 142 (the “Act”) amending the Pennsylvania Mechanics’ Lien Law, 49 P.S. 1101 et seq., which brings Pennsylvania in line with several other states by creating a more structured notice procedure...

Norton Rose Fulbright: WARNING! This Post Contains Information on DINP and Proposition 65 in the State of California That May Help You Avoid a Lawsuit

By Will Troutman (US) On December 20, 2013, the Office of Environmental Health Hazard Assessment added the phthalate DINP to the California Proposition 65 chemical list. Under Proposition 65, products containing newly listed chemicals require a warning starting 12 months after the listing. For DINP...

Norton Rose Fulbright: Class Claims Certified For Hain Celestial Organic Cosmetics

By Stephanie Stroup (US) Last week, Magistrate Judge Beeler in the Northern District of California certified a class of purchasers of cosmetics marketed as “organic” by The Hain Celestial Group, Inc. In so doing, Judge Beeler weighed in on several hot spot issues for class certification...

Norton Rose Fulbright: California Proposition 65: OEHHA’S Proposed Revisions To Warning Regulations

By Jeff Margulies (US) In March 2014, OEHHA began the rulemaking process to amend the Clear and Reasonable Warning requirements for California’s Proposition 65. The proposed changes caused a great deal of concern for manufacturers, distributors, and retailers doing business in California. On...

Norton Rose Fulbright: San Bernardino Judge Finds Homeopathic Drug Labelling Is Not False Or Misleading

By Stephanie Stroup (US) On November 25, 2014, just in time for Thanksgiving, Judge Bryan Foster in San Bernardino Superior Court tentatively entered a judgment in favor of Green Pharmaceuticals , following a week-long bench trial. The case, filed on June 28, 2011 by plaintiff Rachel Rosendez,...

Norton Rose Fulbright: The Mysterious World of California’s Proposition 65: A Miniseries

By Will Troutman (US) and Stephanie Stroup (US) If you are reading this blog, at some point, you have probably encountered what many consider to be the most vexing of all of California’s laws: Proposition 65. While Proposition 65 appears relatively simple and straightforward―“No person...

Norton Rose Fulbright: The Mysterious World of California Prop 65, Part 1: The Law

By Will Troutman (US) on December 4, 2014 Posted in California Proposition 65 To the average person in California, if they know anything about Proposition 65 at all, it is usually because they have a seen a warning sign in a bar or at a store. In most instances, after seeing the sign, they likely...

Norton Rose Fulbright: Timeliness of Section 15(b) Reporting Continues Role as CPSC Enforcement Tool

By Will Troutman (US) As 2014 draws to a close, we see that Section 15(b)’s reporting requirement continues to be a powerful tool for CPSC to punish companies who manufacture, distribute, or sell products that are ultimately recalled. In 2014, CPSC entered into six settlements resolving Section...

Peter S. Vogel: NO EVIDENCE That ‘Personal Information Was Ever Transmitted,’ So Google Wins Privacy Lawsuit!

By Peter S. Vogel Android users lost their lawsuit claiming that Google “violated its own privacy policy by disclosing their names, email addresses and account locations to third parties without permission, to boost advertising revenue” according to Reuters . On July 15, 2015 U.S. Magistrate...

Peter S. Vogel: Bad News- You’re Not Entitled to Privacy When You Make A ‘Butt Call’!

By Peter S. Vogel A court ruled that there is no privacy to people who make “butt calls” and particularly when the party making the “butt call” admitted “that he was aware of the risk of making inadvertent pocket-dial calls and had previously made such calls on his cellphone...

Troutman Sanders LLP: Trump Hotels Hit With Data Breach Class Action Lawsuit

A new putative class action lawsuit has been filed against the hotel chain owned by Donald Trump in the United States District Court for the Southern District of Illinois, after the hotel chain revealed that it had been the subject of a data breach. The suit asserts claims under “state consumer...