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Articles by Evan Nadel
5 Key Takeaways | Generative AI, Cybersecurity and Privacy | JD Supra
Kilpatrick’s Evan Nadel recently presented on “Generative AI, Cybersecurity and Privacy” at a special CLE sponsored by the firm. He discussed new developments in cybersecurity laws, the increase in claims under state privacy laws concerning tracking technology used on websites, and suggestions for how to mitigate exposure to these claims. Evan’s top 5 takeaways from his presentation include: 1.
5 Key Takeaways | Generative AI, Cybersecurity and Privacy
Kilpatrick’s Evan Nadel recently presented on “Generative AI, Cybersecurity and Privacy” at a special CLE sponsored by the firm. He discussed new developments in cybersecurity laws, the increase in claims under state privacy laws concerning tracking technology used on websites, and suggestions for how to mitigate exposure to these claims. 1.
5 Key Takeaways - Marketing and Advertising in California: Compliance with the "Honest Pricing Law" | JD Supra
Kilpatrick partners Michele Floyd and Evan Nadel recently presented a webinar to the Association of Corporate Counsel’s Georgia Chapter on the topic of “Marketing and Advertising in California: Compliance with the 'Honest Pricing Law.'” They addressed California SB 478 also known as the “Honest Pricing Law” or “Hidden Fees Statute” that went into effect on July 1, 2024, making it unlawful to list prices without including all mandatory fees. Please see full publication below for more information.
California Online Tracking Lawsuits Shift Away from Wiretap Theory Toward Pen Register Theory
For the past several years, website owners that gather data from California residents have faced a surge in class action lawsuits and threatened lawsuits alleging violations of the California Invasion of Privacy Act (CIPA). These lawsuits assert that the use of web analytic tools such as session replay, chatbots, and tracking pixels constitute a violation of CIPA’s wiretapping provisions.
California Online Tracking Lawsuits Shift Away from Wiretap Theory Toward Pen Register Theory | JD Supra
Class-action lawyers are adapting their legal tactics, moving away from suing companies under California's wiretap law and instead focusing on a new legal claim: the pen register theory. For the past two years, website owners that gather data from California residents have faced a surge in class action lawsuits and threatened lawsuits alleging violations of the California Invasion of Privacy Act (CIPA).
10 Key Takeaways - Reflections on the 2023 ANA Masters of Advertising Law Conference | JD Supra
The ANA Masters of Advertising Law Conference is among the highlights of the year in the world of advertising law. It is the rare legal conference that covers such a broad array of legal issues under one large “advertising law” umbrella, and it is overly stuffed with highly educational sessions. This year’s conference was no exception.
10 Key Takeaways | Reflections on the 2023 ANA Masters of Advertising Law Conference
The ANA Masters of Advertising Law Conference is among the highlights of the year in the world of advertising law. It is the rare legal conference that covers such a broad array of legal issues under one large “advertising law” umbrella, and it is overly stuffed with highly educational sessions. This year’s conference was no exception.
5 Key Takeaways - Defending Against ‘Do-Gooder’ Litigation: Developing Legal and PR Strategies Against Putative False-Advertising Class Actions | JD Supra
Kilpatrick’s Evan Nadel, Jonathan W. Thomas, and Bryan Wolin were honored to host a roundtable discussion at the ANA’s 2023 Masters of Advertising Law Conference, titled “Defending Against ‘Do-Gooder’ Litigation.” As the title suggests, whether under the guise of environmental protection, animal rights, or consumer protection, more claims are getting filed ostensibly for the common good. While some are filed as class-actions, many are not.
6 Key Takeaways - Cross Border Litigation - United States & Mexico: Analysis of Jurisdiction and Choice of Forum Clauses | JD Supra
October 19, 2023 To embed, copy and paste the code into your website or blog: Evan Nadel, a partner at Kilpatrick Townsend, recently joined Juan Luis Blanco Montoya, a partner at Müggenburg, Gorches y Peñalosa, to present a webinar addressing “Cross Border Litigation – United States & Mexico: Analysis of Jurisdiction and Choice of Forum Clauses.” Please see full article below for more information.
6 Key Takeaways | Cross Border Litigation - United States & Mexico: Analysis of Jurisdiction and Choice of Forum Clauses
Evan Nadel, a partner at Kilpatrick Townsend, recently joined Juan Luis Blanco Montoya, a partner at Müggenburg, Gorches y Peñalosa, to present a webinar addressing “Cross Border Litigation – United States & Mexico: Analysis of Jurisdiction and Choice of Forum Clauses.” Mr. Nadel’s key takeaways from the discussion include: Parties to cross-border transactions and agreements can select the forum and governing law for any disputes if they insert contract provisions that comply with the...
Hungry Hounds and Heavy Metals: Second Circuit Holds Pet Food Packages Do Not Have to Disclose the Obvious | JD Supra
Takeaway: Class actions challenging food product labels are not limited to products for humans. Pet food companies are also frequent targets of class actions alleging deceptive or misleading labels. The Second Circuit recently affirmed the dismissal of a class action alleging the label for Champion Petfoods USA’s ACANA dog food violated New York’s consumer protection law by failing to disclose that the products contain heavy metals. Paradowski v.
Hungry Hounds and Heavy Metals: Second Circuit Holds Pet Food Packages Do Not Have to Disclose the Obvious
Takeaway: Class actions challenging food product labels are not limited to products for humans. Pet food companies are also frequent targets of class actions alleging deceptive or misleading labels. The Second Circuit recently affirmed the dismissal of a class action alleging the label for Champion Petfoods USA’s ACANA dog food violated New York’s consumer protection law by failing to disclose that the products contain heavy metals. Paradowski v.
Collision Course: FTC’s Safeguards Rule Will Hit Auto Dealerships in Less than a Month | JD Supra
On June 9, 2023, a complicated set of data privacy regulations called the “Safeguards Rule” will take effect. Designed for financial institutions, the Safeguards Rule also applies to many auto dealers. It requires protection of consumer information with both electronic cybersecurity safeguards and offline measures. When does it start? The Safeguards Rule takes effect on June 9, 2023—meaning auto dealers must have the required protections in place and operating by then.
Collision Course: FTC’s Safeguards Rule Will Hit Auto Dealerships in Less than a Month
On June 9, 2023, a complicated set of data privacy regulations called the “Safeguards Rule” will take effect. Designed for financial institutions, the Safeguards Rule also applies to many auto dealers. It requires protection of consumer information with both electronic cybersecurity safeguards and offline measures. When does it start? The Safeguards Rule takes effect on June 9, 2023—meaning auto dealers must have the required protections in place and operating by then.
Malic Acid Malady: Defendants Prevail in Consumer Class Actions Challenging “100% Natural” and “Natural Flavor” Beverage Labels | JD Supra
Takeaway: In a pair of putative class actions, plaintiffs challenged Fanta’s “Piña Colada” soda’s “100% Natural Flavors” claim and a MiO flavored drink concentrate’s claims of containing Mango and Peach “natural flavor with other natural flavor.” Judge Karas of the Southern District of New York granted motions to dismiss both cases, which included claims alleging deceptive and misleading business practices in violation of New York General Business Law (GBL) sections 349 and 350.
Malic Acid Malady: Defendants Prevail in Consumer Class Actions Challenging “100% Natural” and “Natural Flavor” Beverage Labels
Takeaway: In a pair of putative class actions, plaintiffs challenged Fanta’s “Piña Colada” soda’s “100% Natural Flavors” claim and a MiO flavored drink concentrate’s claims of containing Mango and Peach “natural flavor with other natural flavor.” Judge Karas of the Southern District of New York granted motions to dismiss both cases, which included claims alleging deceptive and misleading business practices in violation of New York General Business Law (GBL) sections 349 and 350.
Eighth Circuit Reverses Dismissal of Putative Class Claims
Click here to watch the video Partner Evan Nadel discusses how the Eighth Circuit reverses dismissal of putative class claims on ground that puffery does not apply to allegations of concealment.
Eighth Circuit reverses dismissal of putative class claims on ground that puffery does not apply to allegations of concealment | JD Supra
Takeaway: The Eastern District of Missouri granted General Motors’ motion to dismiss a putative class action alleging deceptive omission of oil consumption problems with certain GMC and Chevy trucks, agreeing that the positive statements in GM’s ads were non-actionable puffery. But the Eighth Circuit reversed, holding that puffery is not a valid defense to a claim based on the omission of a material fact. Tucker v. General Motors LLC, --- F.4th ----, 2023 WL 310225 (8th Cir. Jan. 19, 2023).
Eighth Circuit reverses dismissal of putative class claims on ground that puffery does not apply to allegations of concealment
Takeaway: The Eastern District of Missouri granted General Motors’ motion to dismiss a putative class action alleging deceptive omission of oil consumption problems with certain GMC and Chevy trucks, agreeing that the positive statements in GM’s ads were non-actionable puffery. But the Eighth Circuit reversed, holding that puffery is not a valid defense to a claim based on the omission of a material fact. Tucker v. General Motors LLC, --- F.4th ----, 2023 WL 310225 (8th Cir. Jan. 19, 2023).
More California Invasion of Privacy Act Claims Expected Following Ninth Circuit Decision
In an unpublished decision issued May 31 by the US Court of Appeals for the Ninth Circuit, the Court interpreted the California Invasion of Privacy Act, CA Penal Code § 630 et seq. (CIPA), and ruled that the plaintiff had alleged a claim under Section 631(a) of the CIPA, reversing a district court holding that consent under Section 631(a) was valid even if given after the communication between a website and a website user had taken place. Javier v. Assurance IQ, LLC, DC No. 4:20-cv-02860-JSW.
Superior Court of California Attorneys’ Fees Award Punishes Plaintiff’s Bad-Faith Litigation for Alleged Misappropriation of Trade Secrets
A California Superior Court Judge in Orange County granted an attorneys’ fees award in the amount of $5.8 million to defendant Landmark Event Staffing Services, Inc. (“Landmark”) in Contemporary Services Corporation v. Landmark Event Staffing Services, Inc., Case No. 30-2009-00123939. This ruling reinforces the importance of carefully calibrating litigation strategy in trade secrets misappropriation cases to focus on vindicating legally protectable interests.
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