Last week the Eleventh Circuit delivered a surprising blow to class action settlement practice finding that 19th century Supreme Court precedent “prohibit[s] the type of incentive award that the district court approved here–one that compensates a class representative for his time and rewards him for bringing a lawsuit,” a type of incentive award that is “commonplace in modern class-action litigation.”
Continue Reading Eleventh Circuit Relies on 19th Century Precedent to Find That Class Representative Cannot Recover Commonly-Used Incentive Award

Two putative class actions recently filed in the Northern District of California preview a new theory of consumer claims relating to per- and polyfluoroalkyl substances. Rather than rely on alleged omissions or representations about health risks, the plaintiffs claim that they relied on marketing statements that indicated the products they purchased were disposable and would completely degrade over time and that the presence of PFAS in the products means those marketing statements were false.
Continue Reading Is a Wave of PFAS Consumer Class Actions on the Horizon?

As reported on Hunton Andrews Kurth’s Privacy & Information Security Law Blog on January 25, 2019, the Illinois Supreme Court ruled that an allegation of “actual injury or adverse effect” is not required to establish standing to sue under the Illinois Biometric Information Privacy Act.
Continue Reading Illinois Supreme Court Says Biometric-Data Protection Law Does Not Require Allegation of Actual Injury

Retailers sued in state court might be pleasantly surprised to learn that the presence of a forum defendant may not always prevent removal to federal court based on diversity of citizenship. A procedural maneuver known as “snap removal” can allow a defendant to remove such a case in certain situations.
Continue Reading “Snap” to It When Your Company Is Sued in State Court

Branded keyword advertising—bidding for your company’s website to feature prominently near a search engine’s results for branded or trademarked terms—has been around for over a decade. But a recent line of cases concerning branded keyword advertising should be of concern to all online vendors.
Continue Reading Exposure for Branded Keyword Advertising in Hospitality and Retail

Just weeks after a federal judge called the science behind the alleged carcinogenicity of glyphosate “shaky,” a California state court jury hammered Monsanto with a 289 million dollar verdict, blaming a former groundskeeper’s non-Hodgkin’s lymphoma on his exposure to a chemical. Read our full alert.
Continue Reading Retail Industry on High Alert After $289 Million Glyphosate Verdict Against Monsanto

A recent Supreme Court ruling regarding sales taxes and new tariffs on Chinese imports instituted by the Trump administration will impact many retailers, which could in turn have an effect on M&A activity in the retail industry.
Continue Reading SCOTUS Tax Ruling and New Tariffs Could Affect Retail M&A Activity