Why are Oklahoma and California counties losing?
So why the recent losses? Both Oklahoma and the California Counties focused their cases on a public nuisance theory – essentially arguing that defendants’ deceptive and misleading conduct caused the marketplace to be flooded by unnecessary opioids, which caused harm to the public health and safety of their citizens. Both courts rejected the expansion of public nuisance into opioid harms. While they each came about this conclusion in slightly different ways, both did focus on the fact that the underlying products at issue were not only lawful products, but were heavily regulated by the federal government. The Oklahoma court noted that expanding public nuisance to lawful products would, “create unlimited and unprincipled liability for product manufacturers.”
Can Amazon be resold?
Amazon then examines the product to see if it can be resold. If an item cannot be resold , then the merchant can have the product mailed back to its own facility. In its complaint, the CPSC considers Amazon as a “distributor” that may be liable for the safety of the products it packs and ships.
Is Amazon a seller in Texas?
Indeed, the Texas Supreme Court’s Amazon.com, Inc. v. McMillan ruling this June supports Amazon’s stance. The Texas Court found that the company is not considered a “seller” of Fulfilled by Amazon products under the state’s product liability law, because the platform does not actually hold title to the products.
Should warranty companies review their terms?
All companies offering a product warranty should review its terms, particularly any terms limiting repairs under the warranty. As we are bound to see more activity on the state and federal levels with right to repair legislation and enforcement, we will continue to monitor these developments.
What to do if your internet connection is poor?
Just like your computer, rebooting your modem and or router is a simple first step to take, if you connection quality is poor. The steps for restarting your modem and or router will vary depending on the complexity of your home network.
What is tracert in network?
Tracert, short for ‘Trace Route’, is a useful tool to see which route your computer is taking to talk with our Datacenters. Not all network communication is a direct transmission from A-B. Sometimes other networks will need to communicate with each other in order to get the data you request. This tool is very useful for diagnosing network issues.
How long to unplug modem and reconnect?
Unplug power from the modem/router keeping it unplugged for 60 seconds, and then reconnect the power.
What is Kelley Drye's law?
Kelley Drye’s Advertising Law and Marketing Law practice has a national reputation for excellence. No other firm can match our record in advertising litigation and National Advertising Division (NAD) proceedings, our substantive strength in the area of advertising, promotions marketing and privacy law, and our experience at the Federal Trade Commission (FTC), the offices of state Attorneys General, the NAD, and the broadcast networks. The group has particular counseling and compliance capabilities in:
What is Lauren's law practice?
Lauren’s practice focuses on advertising and marketing, data privacy and information security, product safety, and other consumer protection law matters. Lauren advises attorneys about a variety of consumer protection issues, including food and drug advertising regulations, data privacy protection requirements, and claims substantiation requirements. She also has experience drafting sponsorship agreements. Previously Lauren served as a law clerk in the Office of General Counsel at Duke University.
What is the Ad Law Access Podcast?
Ad Law Access Podcast – Updates on Advertising Law, Privacy Law, and Consumer Protection trends, issues, and developments from Kelley Drye’s Advertising and Marketing practice
What is the practice of Donnelly?
Donnelly’s practice focuses on all aspects of advertising and consumer protection law with specialized concentrations in consumer finance, food and drug law, and direct sales and network marketing compliance. Donnelly also has unique expertise in a number of niche subject matter areas, including consumer financial privacy, e-commerce transactions, rewards and loyalty programs, gift cards, and unclaimed property laws. Donnelly regularly represents clients in contested matters such as regulatory inquiries and investigations by the Federal Trade Commission (FTC), the Consumer Financial Protection Bureau (CFPB), and the Food & Drug Administration (FDA), as well as state attorneys general and district attorneys. Donnelly also represents challengers and advertisers before the National Advertising Division (NAD) of the Council of Better Business Bureaus and the National Advertising Review Board (NARB).
Who is Alysa Hutnik?
Alysa Hutnik delivers comprehensive expertise in all areas of privacy, data security and advertising law. Her experience ranges from strategic consumer protection oriented due diligence and compliance counseling to defending clients in FTC and state attorneys general investigations and competitor disputes. Much of Alysa’s practice is focused in the digital and mobile space in particular, including cloud, mobile payment, calling/texting practices, AdTech and data-focused services.
Who is Aaron Burstein?
Aaron Burstein serves clients with a strong technical background and a passion for solving complex privacy, data security, and consumer protection law problems. He provides legal advice on privacy, information security, and marketing laws and best practices, including compliance with federal and state laws throughout the U.S. As regulations such as the California Consumer Privacy Act (CCPA) bring significant changes to the legal landscape, Aaron helps clients evolve their business practices to manage risk. In addition to counselling clients on the privacy and security issues that come up in the course of day-to-day business, Aaron also advises clients on legislative and regulatory developments affecting cutting-edge technologies such as drones and connected vehicles.
Who is Dana Rosenfeld?
Dana Rosenfeld serves as managing partner of Kelley Drye, and is a member of the firm’s Executive Committee and past chair of the firm’s Privacy and Information Security practice. A former assistant director of the Federal Trade Commission (FTC) Bureau of Consumer Protection and attorney advisor to FTC Chairman Robert Pitofsky, Dana’s legal practice has focused on all aspects of privacy and data security, advertising and consumer protection at the federal and state levels. As managing partner, Dana is implementing new strategies to best serve our clients and to evolve the firm for the future. She devotes significant time to understanding client needs and expectations and to ensuring that the firm is structured to deliver the legal and business advice our clients require today and in the years to come.
