Perspectives on Complex Litigation

An Illinois consumer recently filed a putative class action complaint against the makers of Fireball Whisky, claiming that the alcohol producer’s mini bottles deceived consumers into buying products labeled as “whisky,” even though the beverage derives its alcohol content from malt.

ArentFox Schiff partner Michael Cryan will speak on the “Patent Litigation and the Use of Demonstrative Exhibits: Perspectives from the US and Japan” panel on Wednesday, March 29 at 12:00 PM ET.

A split Illinois Supreme Court issued on Friday another long-awaited decision interpreting the Illinois Biometric Information Privacy Act (BIPA), holding that a separate BIPA violation occurs with each undisclosed and unconsented-to scan or transmission of an individual’s biometric identifier.

On February 16, 2023, the Federal Trade Commission (FTC) held a public forum on its proposed rule that would, with limited exceptions, ban employers from using employee non-compete agreements and require rescission of existing non-compete agreements.

In recent months, there has been a surge of class actions brought under the Illinois Biometric Information Privacy Act (BIPA) against retailers using virtual “try-on” features on their websites.

ArentFox Schiff will host the Food Policy Impact Conference at our Washington, DC, office on February 7-8. AgTech Industry Group Co-Leader Karen Carr is scheduled to present.

In a long-awaited development, on February 2, 2023, the Illinois Supreme Court held that all claims under the Illinois Biometric Information Privacy Act (BIPA) are subject to a five-year statute of limitations. 

Issues of attorney-client privilege have captured headlines in recent months, from the oral arguments in In re: Grand Jury before the U.S. Supreme Court earlier this month, to former President Donald Trump’s claims last fall.

Private Company Strategies

The Developers Alliance announced its filing of an amicus brief in the case of Gonzales v. Google, which will be heard by the US Supreme Court later this year. In addition, the Alliance joined CCIA, Netchoice, SIIA, Chamber of Progress, Internet Infrastructure Coalition, CTA, and ACT in a brief.

The Latest Trends and Developments in the Class Actions World

ArentFox Schiff is pleased to announce the addition of Partner Eric Fishman to the firm’s Sports group in New York. Eric has counseled some of the world’s most renowned athletes and sports organizations on a range of high-profile matters, from corporate deals to strategic transactions.

Labor and Employment class actions involving contractors are on the rise in California, especially in its $50-plus billion per annum agricultural industry — 12.5% of all agricultural production nationwide. Employers using seasonal workers are always at risk of wage/hour class action lawsuits.

Last year saw courts, particularly federal courts, continue their close scrutiny of class action settlements to ensure that they are fair and reasonable to class members, and do not unfairly prioritize the interests of class counsel, class representatives, or defendants.

The Court addresses arbitration of class and collective actions in Viking River Cruises, Inc. v. Moriana and Coinbase, Inv. V. Bielski.”

Employee misclassification claims continue to be the focus of class action litigation in the logistics space. In general, these cases involve allegations by independent contractors (most often owner-operators) that they should be classified as employees, and thereby receive benefits.

On January 5, 2023, the Federal Trade Commission (FTC) published a proposed rule that, with limited exceptions, would both ban post-termination non-compete covenants in employment agreements and require rescission of existing post-termination non-competes.

Four ArentFox Schiff attorneys have been named “Go-To Thought Leaders” in 2022 by National Law Review, which honors excellence in legal news and analysis.

The second half of 2022 saw a wave of class action litigation under state wiretapping laws against website operators that use widely deployed online technologies, such as chatboxes and session replay software. 

ArentFox Schiff is pleased to announce the election of 13 new partners, effective January 1, 2023.

ArentFox Schiff is pleased to announce the addition of Partner Huhnsik Chung to the firm’s Complex Litigation and Insurance & Reinsurance groups. Based in the New York office, Huhnsik brings more than three decades of experience advising clients nationally and internationally.

Illinois Biometric Information Privacy Act (BIPA) class action lawsuits were heavily litigated again in 2022, as plaintiffs continued to target companies using biometric technology and their vendors. At the same time, avoiding liability continued to be a challenge for businesses defending BIPA cases

On November 3, 2022, two consumers filed a putative class action complaint against a fast fashion company, claiming that the apparel company’s “Conscious Choice” clothing line deceived consumers into buying products labeled as made from environmentally friendly materials.

ArentFox Schiff is pleased to announce that Partner Bernice K. Leber has received special recognition that is awarded annually to a female litigator who has distinguished herself in Federal or State Courts in New York and shown a commitment to mentoring young attorneys in the legal community.

ArentFox Schiff has been recognized with 53 top rankings in the 2023 edition of US News – Best Lawyers® “Best Law Firms.”