As of April 30, 2020, more than 150 class actions have been filed directly relating to or stemming from the pandemic. Tens of millions of individuals have filed for unemployment, and the plaintiffs’ bar is eager to “help.” No amount of social distancing, and no impending treatment or vaccine, can insulate companies from the threat of class litigation.
While the specific factual circumstances underlying these claims are novel, the types of claims being asserted – and the jurisdictions where such actions are being filed – are not. Companies should stay on top of the following pandemic-related class action trends and, wherever possible, get ahead of or try to prevent the additional strain of a class action during these already difficult times.
On April 29, the National Advertising Division (NAD) recommended that Talyoni Professional, LLC and its affiliate, Ecoco, Inc. (collectively Talyoni) discontinue express claims that the companies’ cosmetic and wellness products contain CBD, as well as product performance claims based on the presence of CBD in the products.
In Sohm v. Scholastic Inc., No. 18-2110, 2020 WL 2375056 (2d. Cir. May 12, 2020), the Court found, among other things, that monetary damages in a copyright infringement suit are limited to those incurred in the three years preceding the commencement of suit.
Here are a few resources for companies looking to enter into new commercial co-ventures or rekindle previous relationships:
Ad Law Access Podcast
Cause Marketing – Commercial Co-Ventures: What You Need to Know Before Getting Started - Advertising and Marketing and Consumer Product Safety practice groups chair Christie Grymes Thompson covered the commercial co-venture in an episode of the Ad Law Access Podcast.
Advertising and Privacy Law Resource Center
We created a Commercial Co-Ventures section under Advertising and Marketing Standards section with checklists and information for you to use.
Tailored CLE Session
If your company would like to go deeper on CCVs, we may be able to provide a CLE webinar session to you and your team. Please contact firstname.lastname@example.org for more details.
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May 18, 2020 | Webinar
ABA's Cosumer Protection Committee
May 19, 2020 | Webinar
IAB's Privacy Law Webinar Series (Part 3)
Milk from Nuts. Burgers from Soybeans. Can the States Regulate What You Call Them?
June 2, 2020 | Webcast
Yale Law School’s Abrams Institute for Freedom of Speech
ON DEMAND CONTENT
We have pulled together a selection of on demand content that we hope you find useful:
This year, in conjunction with the launch of the Advertising and Privacy Law Resource Center, we have been holding a series of webinars:
Covering the basics of advertising law:
Claim Substantiation and Puffery
Endorsements and Testimonials
Made in USA Claims
Walks through topics such as:
Privacy law 101
Data security and breaches
E-Mail, calls, and text marketing
Covers the legal issues surrounding social media influencers:
Key legal requirements for influencer campaigns
Notable enforcement actions, and what you can learn from them
Practical tips for managing influencers
Class action litigation trends impacting the personal care products industry from year 2019, and our expectations for year 2020;
Beyond food and beverage: an overview of how key terms such as “healthy,” “natural” and “no preservatives” are being used for personal care products;
Advertising risk migration strategies; and
Other practical takeaways
Our Labor and Employment practice presented a two-part series “Getting Back to Work,” to guide employers through the snares of legal, logistical and practical considerations as the nation returns to work.
The Ad Law Access podcast is available now through Apple, Spotify, Google Podcasts, SoundCloud, and wherever you get your podcasts.
ABA SPRING MEETING 2020:
Kelley Drye attorneys took part in the American Bar Association’s Antitrust Section Spring Meeting - this time virtually.
You can rewatch the sessions below:
In addition to the webinars mentioned above, Kelley Drye is making the following COVID-19 resources available:
KELLEY DRYE'S COVID-19 RESPONSE
Kelley Drye’s COVID-19 Response Resource Center is a dedicated source that provides guidance and addresses questions about legal and business concerns arising from the Coronavirus outbreak. Our priority is to closely monitor and track developments to help you stay informed, so that you can respond to the shifting landscape. To receive Kelley Drye’s updates on COVID-19 legal issues, sign up here.
COVID-19 DAILY WASHINGTON UPDATE
The Washington Update is a daily synopsis of federal government actions related to the COVID-19 pandemic. The synopsis covers actions coming from Congress, the White House and various federal agencies, including the CDC, the Departments of Labor, Health and Human Services, Homeland Security and Treasury/IRS, the Food and Drug Administration and the Federal Trade Commission, among others. You can sign up to receive the daily Washington Update by subscribing to our COVID-19 interest area here. Archived editions of the Washington Update can be found here.
As the COVID-19 pandemic rapidly unfolds, the Federal Communications Commission (FCC) has been active to keep communications services available through various waivers, extensions, and other regulatory relief. Kelley Drye’s Communications Practice Group is tracking these actions and what they mean for communications service providers and their customers. CommLaw Monitor will provide regular updates to its analysis of the latest regulatory and legislative actions impacting your business and the communications industry. Click on the “COVID-19” blog category for previous updates. If you have any urgent questions, please contact your usual Kelley Drye attorney or any member of the Communications Practice Group.
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