Archives for 2020

California’s Sweeping Price-Gouging Statute Presents Unique Risks to Manufacturers, Wholesalers, Distributors and Retailers of Food and Consumer Products

Unchartered Waters State price-gouging laws have come into focus in recent weeks as all 50 states have declared an emergency in the wake of the COVID-19 crisis. There is a relatively underdeveloped body of interpretative case law addressing the contours of price-gouging liability. The dearth of case law stems from the fact that these statutes […]

COVID-19 Retaliation Claims—A 2020 Trend in Employment Litigation?

Tracking the onslaught of new lawsuits filed in response to the COVID-19 crisis has demonstrated that three primary categories of plaintiffs are bringing these claims against companies: Consumers; Employees; and Shareholders. (My updated list of COVID-19 class actions (available here) tracks these three plaintiff classifications with several subspecies of consumer and other claims.) Studying the […]

Coronavirus Class Action Webinar—Taking Steps to Prepare for the Coronavirus Class Action

On Friday, my partner, Jaime Stilson and I presented a webinar discussing several class action lawsuits that have already been filed relating to the coronavirus and how companies’ business practices during this crisis are facing scrutiny. Consistent with expectations, the list of class actions continues to grow and covers the three categories of plaintiff classes: […]

[UPDATED 5/26] Almost 400 Coronavirus Class Actions Filed Nationwide

Plaintiff lawyers around the country continue to file a variety of COVID-19 class actions making it a challenge to timely update this list that I started last month. Each day brings several copycat claims (setting up some battles for lead counsel) along with a few novel theories. I am hoping to write about a few […]

First Coronavirus Consumer Class Action Filed on the Left Coast

About the only thing certain in these uncertain times is consumer class action litigators’ ability to cobble together a lawsuit based on the Coronavirus.  Just as with the Ebola crisis a  few years ago, it appears that the Left Coast also has the first Coronavirus consumer class action lawsuit.  Filed just last week, the lawsuit […]

Coronavirus and Contractual Performance Disputes—Does a Pandemic Excuse Performance of Contractual Obligations?

The daily headlines are reminders of the far-reaching economic ripple effects of the 2019 Novel Coronavirus (COVID-19) outbreak. The pandemic is forcing companies to abruptly alter strategies and business plans that seemed certain even at the beginning of the year. These types of changes prompt a question relating to whether this unprecedented health crisis alters […]

Court’s $179 Million Award Underscores Importance of Confidentiality Agreements

Blogger’s Note: My colleagues, Aaron Goldstein and Jasmine Hui report on a key decision from the California Superior Court this past week relating to confidentiality agreements. In an important lesson for both employers and employees, on Wednesday, March 4, 2020, a California superior court judge affirmed a $179 million arbitration award against a former Uber […]

The Risk of Consumer Class Actions for Recurring Credit Card Charges

Is Your Company Complying with California’s Automatic Purchase Renewal Law? Have you ever reviewed your credit card statements and noticed a charge appearing each month that you do not recognize? An internal investigation of all members of the household is launched in an effort to figure out who, if anyone, authorized these charges. Likely suspects […]