Faruki Blog

Brian Wright

About Brian Wright

Faruki Co-Managing Partner Read Bio

Predominance Inquiry and Rigorous Analysis: Comcast Corp. Already Impacting Class Certification Appellate Review

The recent Comcast Corp. opinion from the U.S. Supreme Court is already impacting appellate review of class certification decisions. In Comcast Corp... Read More

Incentive Payments and Adequacy Challenges -- Promises of Incentive Payments Can Create Conflicts of Interest Issues and Defeat Class Certification

When promises of incentive payments are made by class counsel (outside of the settlement context where the parties reach an agreement to make such a.. Read More

Federal Court Rejects the "Prior Substantiation Doctrine" in Consumer Class Action, Requiring Affirmative Proof of False Advertising

As seen in the decision in Scheuerman v. Nestlé Healthcare Nutrition, Inc. 2012 U.S. Dist. LEXIS 99397 (D.N.J. July 17, 2012), courts are.. Read More

Sixth Circuit Declines to Clarify Aesthetic Functionality Test (or Even Whether the Doctrine Has Been Adopted in This Circuit): Maker's Mark's Wax Seal Trademark Protected and Not Functional

The Sixth Circuit affirmed the Western District of Kentucky, finding that Maker's Mark's dripping red wax seal is protected as a trademark. Maker's.. Read More

California's "Shine the Light" Law: Protecting Your Business from Class Action Plaintiff's Lawyers' Newly Found Weapon

Generally, the California's "Shine the Light" law requires disclosure by any "business" that has disclosed "personal information" to "third parties".. Read More

Free Offer Advertising: "Free" Means "Free"

Companies routinely offer discounts or other incentives to increase sales. Free offer advertising campaigns are a common and often good method to.. Read More

BYOD: Security Issues to Consider When Inviting Employees to "Bring Your Own Device"

Employees often demand to use their own electronic devices to interact with the companies' systems. Given the 24-hour demands of our ever-connected.. Read More

"Negative Option Marketing" Offers Need to be Crafted Carefully to Comply With Existing Federal and State Laws

The Federal Trade Commission ("FTC") announced recently a settlement with a company that used false "free" product offers for weight-loss pills,.. Read More

Release and Covenant Not to Sue Bars Subsequent Class Action: Ninth Circuit Affirms Dismissal of Putative Class Action

A recent decision from the United States Court of Appeals for the Ninth Circuit demonstrates that properly drafted covenants not to sue are needed in.. Read More

Data Breach Wake-Up Call: Ron Raether Discusses Hannaford Ruling and What it Means to the Breached Entities and Their Customers

Since the first data breach class actions were filed, complaints were often dismissed (and decisions affirmed by appellate courts). Courts found that.. Read More
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