Neil K. Gilman

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The D.C. Circuit’s much-awaited decision in ACA International v. Federal Communications Commission earlier this year set aside much of the FCC’s prior interpretation of what qualifies as an “automatic telephone dialing system.” ACA International was widely seen as a win for businesses and advertisers, but the decision has done little thus far to stem the tide of TCPA lawsuits, especially as the scope of the decision continues to play out. …
Continue Reading Businesses Yet to See Major Relief from TCPA Lawsuits Following ACA International Decision

On May 16, 2016, the United States Supreme Court rendered its decision in Spokeo, Inc. v. Robins. In an opinion authored by Justice Alito, the Court held that a plaintiff must do more than plead a statutory procedural violation to establish standing; to plead an injury in fact, a plaintiff also must allege a harm that is both “concrete” and “particularized.” …
Continue Reading Supreme Court Issues Decision in Spokeo v. Robins; Must Allege Concrete Injury For Technical Statutory Violations

In the Supreme Court’s Campbell-Ewald Co. v. Gomez decision, one critical question was left wide open: whether a defendant can moot a case by tendering—as opposed to simply offering—complete relief to the plaintiff. The Ninth Circuit has now weighed in on that issue. …
Continue Reading Ninth Circuit Panel Weighs In on Critical Issue Left Open by Campbell-Ewald

FDA request for public comments on the definition of “natural” in relation to food labeling may strengthen defendants’ ability to dismiss or stay class actions at the outset based on the doctrine of primary jurisdiction.
Continue Reading Update on the FDA’s Request for Public Comments on the Meaning of “Natural” and Impact on Pending Litigation