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Out of the Box
Legal guidance for the consumer product + retail industry
Ellen Adler
6/6/2013
Advertising and Marketing Law, Consumer Litigation, Consumer Products, Environmental Litigation, Environmental Regulation, Product Liability, Proposition 65, Retail
Newsletter
CPSC Seeks to Hold Former CEO Responsible for Buckyballs® Recall
Erin Bosman, Julie Park, and Ellen Adler
5/9/2013
Consumer Products, Product Liability, Retail
Client Alert
CPSC Imposes Comprehensive Compliance Programs In Two Settlements, Warns This Is The Wave Of The Consumer Products Future
Ellen Adler
5/8/2013
Consumer Products, Product Liability, Retail
Client Alert
Reforming Proposition 65: Governor’s “Update” Is a Promising Start
Michael Steel, Michèle Corash, and Robert Falk
5/8/2013
Consumer Litigation, Consumer Products, Environment + Energy, Environmental Litigation, Product Liability, Proposition 65, Retail
Client Alert
European Commission Plans to Change Consumer Product Safety Rules
Alistair Maughan
4/25/2013
Consumer Products
Client Alert
Comcast Corp. v. Behrend: Courts Must Assess Merits of Plaintiffs’ Damages Evidence at Class Certification
Rebekah Kaufman and Jacob Harper
3/28/2013
Appellate + Supreme Court, Class Actions, Consumer Products, Financial Services Litigation
Client Alert
It's Déjà Vu All Over Again: Massachusetts Allows Actions for Violation of Privacy Rights Based on Collection of ZIP Codes
David McDowell and Purvi Patel
3/18/2013
Consumer Products, Privacy + Data Security
Client Alert
2012 Product Liability Annual Review
Erin Bosman
2/28/2013
Aviation + Aerospace, Consumer Products, Environmental Litigation, Pharmaceutical + Medical Device, Product Liability, Proposition 65, Retail
Client Alert
California Supreme Court Holds Online Purchases of Electronically Downloadable Products Outside Scope of Song-Beverly Act
David McDowell and Purvi Patel
2/5/2013
Advertising and Marketing Law, Class Actions, Consumer Products, Privacy + Data Security
Client Alert
Consumer Product Alert: California Revises Draft Green Chemistry Regulations
Peter Hsiao, William Tarantino, and Joshua Simon
2/4/2013
Advanced Chemicals + Materials, Cleantech, Consumer Litigation, Consumer Products, Environment + Energy, Environmental Litigation, Environmental Regulation, Product Liability, Proposition 65, Retail
Client Alert
GMO Laws Spread to Washington and New Mexico
Michael Steel and Alejandro Bras
1/15/2013
Advertising and Marketing Law, Consumer Litigation, Consumer Products, Environment + Energy, Environmental Litigation, Product Liability, Retail
Client Alert
FDA Releases New Food Safety Rules
Michael Steel and Alejandro Bras
1/10/2013
Consumer Products, Environment + Energy, Environmental Litigation, Product Liability, Proposition 65, Retail
Client Alert
Looking Forward to the New Year and New Third-Party Testing and Certification Requirements for Children’s Products
Jessica Roberts
12/6/2012
Consumer Litigation, Consumer Products, Product Liability, Proposition 65, Retail
Client Alert
Initiative to Label Genetically Modified Foods Fails in California
Michael Steel
11/7/2012
Advertising and Marketing Law, Consumer Litigation, Consumer Products, Environment + Energy, Product Liability, Retail
Client Alert
Federal Court Ruling Validates Industry Concerns with CPSC Database
10/30/2012
Consumer Litigation, Consumer Products, Product Liability, Retail
Client Alert
Question of the Week:
Under Prop 37, how long do companies have to bring their products into compliance with the new labeling requirements?
Michael Steel and Alejandro Bras
10/22/2012
Advertising and Marketing Law, Consumer Litigation, Consumer Products, Environment + Energy, Environmental Regulation, Product Liability, Retail
Client Alert
Truth in Green Advertising: FTC Releases Final Revised “Green Guides”
William Tarantino and Alejandro Bras
10/3/2012
Advertising and Marketing Law, Cleantech, Consumer Litigation, Consumer Products, Environment + Energy, Environmental Litigation, Environmental Regulation, Retail
Client Alert
Question of the Week:
Under Prop 37, can’t grocery stores, delis, convenience stores, and the like avoid litigation by simply obtaining sworn compliance statements from their suppliers?
Michael Steel
9/27/2012
Advertising and Marketing Law, Consumer Litigation, Consumer Products, Environment + Energy, Environmental Litigation, Product Liability, Retail
Client Alert
Morrison & Foerster Launches Class Action Defender Blog
Rebekah Kaufman
9/18/2012
Advertising and Marketing Law, Class Actions, Consumer Products, Product Liability
Client Alert
An Introduction to Proposition 37: California’s Genetically Engineered Foods Labeling Initiative
Michael Steel and Alejandro Bras
9/14/2012
Advertising and Marketing Law, Consumer Litigation, Consumer Products, Environment + Energy, Product Liability, Retail
Client Alert
Question of the Week: Does Prop 37 Prohibit Labeling of Processed Foods as "Natural?"
Michael Steel and Alejandro Bras
9/14/2012
Advertising and Marketing Law, Consumer Litigation, Consumer Products, Environment + Energy, Environmental Regulation, Product Liability, Retail
Client Alert
Glorvigen v. Cirrus Design Corp.: Duty to Warn Does Not Require Duty to Train Users
Jessica Moore, Kimberly Gosling, and Don Rushing
7/30/2012
Appellate + Supreme Court, Aviation + Aerospace, Consumer Products, Product Liability
Client Alert
Next Generation of Consumer Product Rules: California Issues Draft Green Chemistry Regulations
Peter Hsiao and William Tarantino
7/30/2012
Advanced Chemicals + Materials, Cleantech, Consumer Litigation, Consumer Products, Environment + Energy, Environmental Regulation, Product Liability, Proposition 65, Retail
Client Alert
Ninth Circuit: FDA Regulations Broadly Preempt Food Labeling Claims
William Stern and Jae Lee
5/21/2012
Advertising and Marketing Law, Appellate + Supreme Court, Consumer Litigation, Consumer Products, Product Liability
Client Alert
Duran v. U.S. Bank:
The Aftershocks of the Wal-Mart Stores, Inc. v. Dukes Earthquake Hit Class Action-Happy California
Karen Kubin, William Stern, and Natalie Naugle
2/9/2012
Class Actions, Consumer Products, Employment + Labor, Retail
Client Alert
Morrison & Foerster's 2011 Product Liability Annual Review
Erin Bosman
2/6/2012
Aviation + Aerospace, Consumer Products, Pharmaceutical + Medical Device, Product Liability, Proposition 65
Article
Morrison & Foerster's 2011 Product Liability Annual Review
2/6/2012
Aviation + Aerospace, Consumer Products, Pharmaceutical + Medical Device, Product Liability, Proposition 65
Client Alert
Supreme Court Opens the Federal Court Doors to TCPA Claims
Tiffany Cheung
1/18/2012
Appellate + Supreme Court, Class Actions, Consumer Products, Privacy + Data Security, Retail
Client Alert
California Supreme Court Upholds Product Liability Precedent That Defendants Are Not Liable for Harm Caused by Other Defendant’s Products
Erin Bosman
1/17/2012
Appellate + Supreme Court, Consumer Products, Environmental Litigation, Litigation, Product Liability, Retail
Client Alert
PII at the Pump: California Now Allows Retail Gas Stations to Collect Zip Codes for Fraud Prevention
Purvi Patel
11/11/2011
Class Actions, Consumer Litigation, Consumer Products, Privacy + Data Security, Retail
Client Alert
California Revives Green Chemistry Initiative With Draft Program Regulations
Toxics Law Reporter
Peter Hsiao, Michael Steel, William Tarantino, Meredith Klein
11/10/2011
Advanced Chemicals + Materials, Cleantech, Consumer Products, Environment + Energy, Environmental Litigation, Product Liability
Article
Reproduced with permission from Toxics Law Reporter.
Consumer Product Alert: California Revives Green Chemistry Initiative with Draft Regulations that Impact Manufacturers, Importers, and Retailers
Peter Hsiao, Michael Steel, and William Tarantino
11/2/2011
Advanced Chemicals + Materials, Cleantech, Consumer Litigation, Consumer Products, Environment + Energy, Environmental Litigation, Environmental Regulation, Product Liability, Proposition 65, Retail
Client Alert
California Takes Action on Bisphenol-A: What Is the Impact?
Peter Hsiao and Robin Stafford
10/17/2011
Advanced Chemicals + Materials, Consumer Litigation, Consumer Products, Environment + Energy, Environmental Litigation, Environmental Regulation, Product Liability, Proposition 65, Retail
Client Alert
Concepcion May Not Reach Claims Under the Magnuson-Moss Act
Recent decision has broad implications for companies that seek to enforce class action waivers in the Ninth Circuit
Rebekah Kaufman and Alexei Klestoff
9/29/2011
Appellate + Supreme Court, Class Actions, Consumer Products, Retail
Client Alert
California Court Finds That Song-Beverly Credit Card Act Does Not Apply to Online Transactions
Purvi Patel
9/1/2011
Class Actions, Consumer Litigation, Consumer Products, Privacy + Data Security
Client Alert
CE Marking 101 –
Frequently Asked Questions About CE Marking (or Questions That Ought to be Asked More Frequently)
Alistair Maughan and Karin Retzer
8/23/2011
Consumer Products, Licensing + Technology Transactions, Technology Transactions | Europe
Client Alert
U.S. Consumer Product Safety Commission Set to Further Reduce Lead Content Limit for All Children’s Products
Robert Falk, William Tarantino, and Jessica Moore
7/11/2011
Consumer Litigation, Consumer Products, Product Liability, Proposition 65, Retail
Client Alert
Reining in the Mega-Class Action:
The Supreme Court Sides with Wal-Mart
Tom Wilson
6/22/2011
Appellate + Supreme Court, Commercial Litigation, Consumer Litigation, Consumer Products, Employment + Labor, Litigation, Retail, Trials
Client Alert
Supreme Court Rejects Massive Employment Class Action: Wal-Mart Stores, Inc. v. Dukes
William Stern and Tiffany Cheung
6/21/2011
Appellate + Supreme Court, Class Actions, Commercial Litigation, Consumer Products, Financial Services Litigation
Client Alert
3-2-1, Ready for Launch:
www.saferproducts.gov
Jessica Roberts
2/25/2011
Consumer Litigation, Consumer Products, Product Liability, Proposition 65, Retail
Client Alert
Fasten Your Seatbelt:
U.S. Supreme Court Rules Federal Seatbelt Regulation Does Not Preempt State Law Tort Suit
James Huston, Joanna Simon, and Julie Park
2/24/2011
Appellate + Supreme Court, Consumer Litigation, Consumer Products, Litigation, Product Liability, Trials
Client Alert
Are Consumer Class Actions Coming to the European Union?
Rebekah Kaufman, Andrew Muhlbach, Alan Owens, Aurora Kaiser, and James Lloyd
2/14/2011
Advertising and Marketing Law, Class Actions, Consumer Products, Electronics, Information Technology, Litigation, Retail
Client Alert
Late Breaking Changes to the CPSIA: The CPSC Grants Additional Stay for Portions of Lead Requirements
2/8/2011
Consumer Litigation, Consumer Products, Product Liability, Proposition 65, Retail
Client Alert
Kwikset Reset:
Why The California Supreme Court’s Latest Horror May Be Less Scary Than It Looks
William Stern, Sylvia Rivera, and William Tarantino
2/2/2011
Appellate + Supreme Court, Consumer Litigation, Consumer Products, Environmental Litigation, Litigation, Product Liability, Proposition 65, Retail
Client Alert
CPSIA: What to Expect in 2011
Ellen Adler
1/18/2011
Consumer Litigation, Consumer Products, Product Liability, Proposition 65, Retail
Client Alert
Product Liability Group Annual Practice Review
Charles Kerr and Don Rushing
1/12/2011
Aviation + Aerospace, Consumer Litigation, Consumer Products, Environmental Litigation, Litigation, Pharmaceutical + Medical Device, Product Liability, Proposition 65, Retail
Client Alert
Manufacturers, Importers, and Private Labelers Beware –
U.S. Consumer Product Safety Commission Lifts Stay of General Conformity Certification Requirements for Certain Non-Children’s Products, Including Clothing
Robert Falk
1/4/2011
Consumer Litigation, Consumer Products, Environmental Regulation, Litigation, Product Liability, Proposition 65, Retail
Client Alert
Cold Comfort – New California Rules for Businesses Using Refrigeration
Peter Hsiao, Michael Steel, and Meredith Klein
1/3/2011
Cleantech, Consumer Products, Environment + Energy, Environmental Litigation, Environmental Regulation, Land Use, Retail
Client Alert
Retailers and Consumer Product Makers Beware: California Imposes New Restrictions on VOCs in Cleaners, Lubricants and Insecticides
Peter Hsiao and Michael Steel
11/23/2010
Cleantech, Consumer Products, Environment + Energy, Environmental Regulation, Product Liability, Retail
Client Alert
CPSC Database: With Sunshine Comes Shadows
Jessica Roberts
11/12/2010
Consumer Litigation, Consumer Products, Environmental Regulation, Litigation, Trials + Appeals, Product Liability, Proposition 65, Retail
Client Alert
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