Ad Law Access
Supreme Court Issues Liu Decision on Disgorgement with Important Implications for Section 13(b)
The Supreme Court issued an 8 to 1 decision today in the highly-anticipated case of Liu v. SEC . The opinion, authored by Justice Sotomayor (with Justice Thomas dissenting), holds that “[a] disgorgement award that does…
NAD Frowns on Teeth Alignment Comparisons
Earlier this year, Align Technology filed an NAD challenge against SmileDirectClub over claims that company made about its teeth aligners. After that, SmileDirectClub filed its own challenge against Align over claims…
Lessons Learned for Maintaining Attorney-Client Privileged Data Breach Investigation (and other Consultant) Reports
Following a data breach, companies generally launch an investigation to determine the source and scope of the breach. These efforts are often led by in-house privacy, compliance, and/or litigation counsel with an eye…
NAD Addresses Implied Coronavirus Cure Claims
We’ve posted about how the FTC, FDA, and EPA have each targeted companies for making unsubstantiated claims about how their products can treat or cure the coronavirus. Now, we’ll add another acronym to the list – NAD.…
Big Little Material Omissions: Reese Witherspoon and Draper James Subject of Class Action Lawsuit
In April, Draper James – the clothing line of Hollywood star Reese Witherspoon – conducted a promotion for teachers, but ran into some communication issues along the way and is now the subject of a class action…