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Articles by Brooke Gottlieb
Harris's Running Mate Announcement: Pay-to-Play Rule Implications for Investment Advisers | JD Supra
As reported today, Vice President Harris has announced Tim Walz, the sitting governor of Minnesota, as her running mate. This announcement is particularly significant for investment advisers due to the Advisers Act Political Contributions Rule, otherwise known as the “pay-to-play” rule. Contributions to the joint Harris-Walz campaign by investment advisers and certain personnel would likely be subject to the Pay-to-Play Rule, which applies to all investment advisers whether registered or exempt.
Court Orders Significant Sanctions Against Plaintiff For Wiping Company Laptop But Stops Short Of Dismissing Complaint
A recent order from a federal magistrate judge provides helpful insight to parties concerning the destruction of evidence and the proof required to obtain the ultimate sanction of dismissal of a case as a result of such destruction. In McLaughlin v. Lenovo Global Tech.
Court Orders Significant Sanctions Against Plaintiff for Wiping Company Laptop but Stops Short of Dismissing Complaint
Thursday, September 7, 2023 A recent order from a federal magistrate judge provides helpful insight to parties concerning the destruction of evidence and the proof required to obtain the ultimate sanction of dismissal of a case as a result of such destruction. In McLaughlin v. Lenovo Global Tech.
Litigation Update on Illinois’ Biometric Information Privacy Act
Earlier this year, we reported on the potential breeding ground for litigation under Illinois’ Biometric Information Privacy Act (“BIPA”). A recent decision from an Illinois state appellate panel on the different limitations periods that apply to BIPA provides guidance for companies faced with a BIPA lawsuit and the arguments they can make on a motion to dismiss. In Tims et al. v.
Litigation Update on Illinois’ Biometric Information Privacy Act
Monday, October 4, 2021 Earlier this year, we reported on the potential breeding ground for litigation under Illinois’ Biometric Information Privacy Act (“BIPA”). A recent decision from an Illinois state appellate panel on the different limitations periods that apply to BIPA provides guidance for companies faced with a BIPA lawsuit and the arguments they can make on a motion to dismiss. In Tims et al. v.
SEC Sanctions Financial Services Firms Over Cybersecurity Breach
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Litigation Breeding Ground: Illinois’ Biometric Information Privacy Act | JD Supra
Illinois’ Biometric Information Privacy Act (“BIPA”) is alive and well as a potential breeding ground for litigation for tech companies. In the last month, two settlements have been announced in class actions where the plaintiffs alleged violations of BIPA in the U.S. District Court for the Northern District of Illinois. These settlements show that companies collecting biometrics should take care to ensure that their practices do not run afoul of BIPA’s requirements. What is BIPA?
The Future Of The FTC: Part II
United States: The Future Of The FTC: Part II 05 March 2021 by Ryan P. Blaney and Brooke Gottlieb Proskauer Rose LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. A previous blog post discussed FTC Chairwoman Slaughter's first priority as the newly designated chairwoman - the COVID-19 pandemic. The FTC's second priority, racial equity, can be broken down into two sub issues.
The Future of the FTC: Part II | JD Supra
A previous blog post discussed FTC Chairwoman Slaughter’s first priority as the newly designated chairwoman – the COVID-19 pandemic. The FTC’s second priority, racial equity, can be broken down into two sub issues. First, the FTC plans to investigate biased and discriminatory algorithms that target vulnerable communities.
The Future of the FTC, Part II
Ryan Blaney represents health care, life science, and technology clients in a range of regulatory, enforcement, internal investigative and transactional matters, with particular expertise in privacy law, life sciences and digital health.
The Future of the FTC: Part II
A previous blog post discussed FTC Chairwoman Slaughter’s first priority as the newly designated chairwoman – the COVID-19 pandemic. The FTC’s second priority, racial equity, can be broken down into two sub issues. First, the FTC plans to investigate biased and discriminatory algorithms that target vulnerable communities.
The Future Of The FTC: Part I - Privacy - United States
United States: The Future Of The FTC: Part I 26 February 2021 by Ryan P. Blaney and Brooke Gottlieb Proskauer Rose LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. On January 21, 2021, President Biden designated Federal Trade Commission (the "FTC") Commissioner Rebecca Kelly Slaughter as acting chair of the FTC.
The Future of the FTC: Part I | JD Supra
On January 21, 2021, President Biden designated Federal Trade Commission (the “FTC”) Commissioner Rebecca Kelly Slaughter as acting chair of the FTC. Soon thereafter in one of her first speeches in her new role, Chairwoman Slaughter announced two substantive areas of priority for the FTC – the COVID-19 pandemic and racial equity.
The Future of the FTC, Part I
Ryan Blaney represents health care, life science, and technology clients in a range of regulatory, enforcement, internal investigative and transactional matters, with particular expertise in privacy law, life sciences and digital health.
The Corporate Transparency Act – Government KYC | JD Supra
Summary of the Corporate Transparency Act under the National Defense Authorization Act for Fiscal Year 2021 On January 1, 2021, the Corporate Transparency Act (the “CTA”), which is part of the National Defense Authorization Act for Fiscal Year 2021, became effective after both houses of Congress overrode a presidential veto.
Judge Has No “Reservations” Dismissing Advertising Suit Against Omni Hotels | JD Supra
Judge Cathy Ann Bencivengo of the U.S. District Court for the Southern District of California recently dismissed with prejudice a putative class action alleging that the Omni luxury hotel chain deceptively advertised its hotel room rates on Expedia. In doing so, the Court found plaintiff failed to adequately allege that reasonable consumers would be deceived by Omni’s representations. Charbonnet v. Omni Hotels, No. 20-cv-01777-CAB-DEB (S.D. Cal. Dec. 16, 2020).
Judge Has No “Reservations” Dismissing Advertising Suit Against Omni Hotels
Judge Cathy Ann Bencivengo of the U.S. District Court for the Southern District of California recently dismissed with prejudice a putative class action alleging that the Omni luxury hotel chain deceptively advertised its hotel room rates on Expedia. In doing so, the Court found plaintiff failed to adequately allege that reasonable consumers would be deceived by Omni’s representations. Charbonnet v. Omni Hotels, No. 20-cv-01777-CAB-DEB (S.D. Cal. Dec. 16, 2020).
SolarWinds Government Data Breach Leads to Securities Action | JD Supra
The massive data breach of the United States Commerce and Treasury Departments that has roiled the federal government has resulted in federal securities litigation. On January 4, 2021, Plaintiff-Shareholder Timothy Bremer filed a class action complaint against SolarWinds and SolarWinds’ corporate executives in the United States District Court for the Western District of Texas.
SolarWinds Government Data Breach Leads To Securities Action
United States: SolarWinds Government Data Breach Leads To Securities Action 07 January 2021 by Brooke Gottlieb and Joseph Hartunian Proskauer Rose LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. The massive data breach of the United States Commerce and Treasury Departments that has roiled the federal government has resulted in federal securities litigation.
SolarWinds Government Data Breach Leads to Securities Action
The massive data breach of the United States Commerce and Treasury Departments that has roiled the federal government has resulted in federal securities litigation. On January 4, 2021, Plaintiff-Shareholder Timothy Bremer filed a class action complaint against SolarWinds and SolarWinds’ corporate executives in the United States District Court for the Western District of Texas.
SolarWinds Government Data Breach Calls for Securities Action
January 05, 2021 Amazon Hit With 76 Million RMB Verdict for Chinese Trademark... by: Aaron Wininger Federal Wildlife Agencies Issue Final Regulatory Definition of “... by: Andrew J. Turner Make it a double! Brexit Transition of EU Trademarks and Designs... by: Reinhart Lange and Kerry Lee NIOSH Science Blog Reports on Recent Article Concerning Carbon... by: Lynn L. Bergeson and Carla N. Hutton After Record Settlements in 2020, Contractors Should Expect More Pay...
Much A-Brew About Nothing: Court Dismisses False Ad Suit Against Starbucks | JD Supra
Judge Alison Nathan of the U.S. District Court for the Southern District of New York recently dismissed with prejudice a putative class action alleging Starbucks misrepresented itself as a “premium” coffee retailer. In doing so, the Court found that plaintiffs failed to allege Starbucks made any statements likely to mislead reasonable consumers, and that nearly all of the challenged statements were just puffery. George v. Starbucks, (S.D.N.Y. Nov. 19, 2020).
Much A-Brew About Nothing: Court Dismisses False Ad Suit Against Starbucks
Judge Alison Nathan of the U.S. District Court for the Southern District of New York recently dismissed with prejudice a putative class action alleging Starbucks misrepresented itself as a “premium” coffee retailer. In doing so, the Court found that plaintiffs failed to allege Starbucks made any statements likely to mislead reasonable consumers, and that nearly all of the challenged statements were just puffery. George v. Starbucks, (S.D.N.Y. Nov. 19, 2020).
"Fishy" Allegations: Judge Finds Plaintiffs' Testimony In False Ad Suit Against SeaWorld Lacked Credibility
United States: "Fishy" Allegations: Judge Finds Plaintiffs' Testimony In False Ad Suit Against SeaWorld Lacked Credibility 18 December 2020 by Lawrence I. Weinstein , Anisha Shenai-Khatkhate and Brooke Gottlieb Proskauer Rose LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. Following a three-day bench trial, Judge Jeffrey S.
Proskauer's Amicus Brief Challenges The Constitutionality Of Massachusetts Law Mandating That Children Charged With Murder Be Tried And Sentenced As Adults - Government, Public Sector - United States
United States: Proskauer's Amicus Brief Challenges The Constitutionality Of Massachusetts Law Mandating That Children Charged With Murder Be Tried And Sentenced As Adults 17 December 2020 by Brooke Gottlieb and Adam L. Deming Proskauer Rose LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
“Fishy” Allegations: Judge Finds Plaintiffs’ Testimony in False Ad Suit Against SeaWorld Lacked Credibility | JD Supra
Following a three-day bench trial, Judge Jeffrey S. White of the Northern District of California recently held that Plaintiffs lack standing to pursue their false advertising claims against SeaWorld relating to its treatment of orca whales. Kelly Nelson, et al. v. SeaWorld Parks and Entertainment, No. 15-cv-02172-JSW (N.D. Cal. October 13, 2020).
Court Gives Cold Shoulder to FTC’s False Advertising Claims Against Housing Insulation Company | JD Supra
In a dispositive decision during a bench trial, federal district court Judge Nora Fischer of the Western District of Pennsylvania found that the FTC failed to present any credible expert testimony to support its suit for false advertising, and entered judgment for Defendant Innovative Designs (“IDI”). FTC v. Innovative Designs, No. 16-1669 (W.D. Pa. Sept. 24, 2020).
Proskauer’s Amicus Brief Challenges the Constitutionality of Massachusetts Law Mandating that Children Charged with Murder Be Tried and Sentenced as Adults | Proskauer - Proskauer For Good - JDSupra
On November 25, 2020, Proskauer filed a motion for leave to file an amicus brief on behalf of Citizens for Juvenile Justice and the Committee for Public Counsel Services, Youth Advocacy Division in support of Raymond Concepcion, a youth with disabilities who was automatically tried as an adult, convicted of first-degree murder and sentenced to life imprisonment with the possibility of parole after 20 years.
Proskauer’s Amicus Brief Challenges the Constitutionality of Massachusetts Law Mandating that Children Charged with Murder Be Tried and Sentenced as Adults
On November 25, 2020, Proskauer filed a motion for leave to file an amicus brief on behalf of Citizens for Juvenile Justice and the Committee for Public Counsel Services, Youth Advocacy Division in support of Raymond Concepcion, a youth with disabilities who was automatically tried as an adult, convicted of first-degree murder and sentenced to life imprisonment with the possibility of parole after 20 years.
Court Gives Cold Shoulder to FTC’s False Advertising Claims Against Housing Insulation Company
In a dispositive decision during a bench trial, federal district court Judge Nora Fischer of the Western District of Pennsylvania found that the FTC failed to present any credible expert testimony to support its suit for false advertising, and entered judgment for Defendant Innovative Designs (“IDI”). FTC v. Innovative Designs, No. 16-1669 (W.D. Pa. Sept. 24, 2020).
Split Ninth Circuit Panel Vacates $24M Judgment in Hospital Gown Advertising Class Action | JD Supra
A split Ninth Circuit panel recently overturned a $24 million judgment in a class action lawsuit against Kimberly-Clark and its spinoff, Halyard Health. Bahamas Surgery Center v. Kimberly-Clark et al., No. 18-55478 (9th Cir. July 23, 2020). Plaintiff class representative Bahamas Surgery Center accused the defendants of misrepresenting the effectiveness of their surgical gowns at stopping the spread of disease.
Split Ninth Circuit Panel Vacates $24M Judgment In Hospital Gown Advertising Class Action - Litigation, Mediation & Arbitration - United States
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Split Ninth Circuit Panel Vacates $24M Judgment in Hospital Gown Advertising Class Action
A split Ninth Circuit panel recently overturned a $24 million judgment in a class action lawsuit against Kimberly-Clark and its spinoff, Halyard Health. Bahamas Surgery Center v. Kimberly-Clark et al., No. 18-55478 (9th Cir. July 23, 2020). Plaintiff class representative Bahamas Surgery Center accused the defendants of misrepresenting the effectiveness of their surgical gowns at stopping the spread of disease.
First Circuit Affirms No Duty To Disclose Upstream Labor Abuses On Chocolate Packaging
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First Circuit Affirms No Duty to Disclose Upstream Labor Abuses on Chocolate Packaging | JD Supra
We recently blogged about a District of Massachusetts decision holding that it was not deceptive for Nestlé to omit from product labels the (alleged) existence of child labor in its cocoa supply chains. The First Circuit recently affirmed this decision, along with decisions dismissing identical lawsuits against Mars and The Hershey Company.
First Circuit Affirms No Duty to Disclose Upstream Labor Abuses on Chocolate Packaging
We recently blogged about a District of Massachusetts decision holding that it was not deceptive for Nestlé to omit from product labels the (alleged) existence of child labor in its cocoa supply chains. The First Circuit recently affirmed this decision, along with decisions dismissing identical lawsuits against Mars and The Hershey Company.
First Circuit Holds Japan Is An Adequate Alternative Forum
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First Circuit Holds Japan is an Adequate Alternative Forum | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Japan Courts Alternate Forum in GE Power Plants Class Action
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
EDNY Passes on Potatoes Lawsuit | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
EDNY Passes on Potatoes Lawsuit
These are incredibly trying times, filled with concerns about what most of us have largely taken for granted – keeping ourselves and our families safe, being able to go to work each day, seeing loved ones and friends, and finding the things we want and need at the store. In the hope of providing our readers with a moment of distraction, we bring you an update on a compelling topic – mashed potato litigation, specifically the dismissal with prejudice by Judge Alynne R.
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