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About Brian Wright

Faruki Co-Managing Partner Read Bio

FTC Targets Work-at-Home Programs and Announces Approval of Update and Revisions to Business Opportunity Rule

December 19, 2011
Ireland, business litigation, Dayton law firm, business litigation info, Cox, Faruki, Business Litigation, Brian Wright, Federal Trade Commission, Cincinnati law firm

The Federal Trade Commission has been active recently in pursuing business opportunity sellers that market work-at-home opportunities. In the last.. Read More

Challenging Adequacy of Class Counsel: Misconduct Creating Serious Doubt that Counsel will Represent the Class Loyally Requires Denial of Certification

December 2, 2011
Ireland, business litigation, Dayton law firm, business litigation info, Cox, Faruki, Business Litigation, Brian Wright, FIC blog, Cincinnati law firm

Defendants are often disinclined to attack the adequacy of class counsel in opposing class certification because challenges to the adequacy of class.. Read More

Early Class Certification Determinations and Use of Motions to Strike Supported by Sixth Circuit: Court Affirms Striking of Class Allegations and Rejects Certification of Nationwide Consumer Class Ac

Seeking to obtain early rulings on certification and avoiding the unnecessary burden and expense of defending meritless actions (at least through the.. Read More

Reebok Settlement May Signal Changes in FTC Enforcement Strategies: FTC Seeks Consumer Restitution, But Moves Away From Two Clinical Study Substantiation

October 11, 2011
Communications/Media, Ireland, business litigation, EasyTone, NAD, FTC, advertising claims, DanActive, Dayton law firm, Federal Trade Commission v. Reebok International L, business litigation info, Cox, Faruki, consumer restitution, Nestlé HealthCare Nutrition, National Advertising Division, Brian Wright, Nestlé, false advertising, Reebok, Federal Trade Commission, toning shoes, consumer claims, FIC blog, RunTone, Dannon, advertising, Cincinnati law firm, Activia

The FTC's recent settlement with Reebok International Ltd. over advertising claims for its EasyTone and RunTone shoes may be intended to send a clear.. Read More

Although Not an "Adjudication," Refund Programs Can Still Defeat Class Certification in the Seventh Circuit

October 7, 2011
Ireland, business litigation, no injury class action, Dayton law firm, Re Aqua Dots, consumer class action, business litigation info, Cox, class certification, Faruki, recall, refund programs, consumers, Business Litigation, Brian Wright, media, Aqua Dots, Seventh Circuit, retailers, FIC blog, reimbursement programs, advertising, Cincinnati law firm, recall programs, manufacturers

It is not uncommon for retailers and manufacturers to voluntarily reimburse consumers when faced with a product issue, allowing consumers to receive.. Read More

FTC Policing Mobile App Marketing Claims: "When it comes to curing acne, there’s no app for that." FTC Chairman, Jon Leibowitz.

September 20, 2011
Communications/Media, Ireland, business litigation, software developers, FTC, advertising claims, iTunes, Dayton law firm, Amazon, business litigation info, Cox, Faruki, Brian Wright, mobile app, Federal Trade Commission, media, FIC blog, Android Marketplace, Section 5, advertising, Cincinnati law firm, AcneApp

iTunes and Amazon have made it fairly easy for developers to market and sell smartphone software applications (or "apps") directly to consumers... Read More

False Advertising: "Havana Club" Is Made in Puerto Rico? – Literally False Claims Can Be Cured By Carefully Crafting Advertising Messages "As a Whole"

September 1, 2011
Communications/Media, Ireland, business litigation, Pernod Ricard USA, consumer deception, Lanham Act, Dayton law firm, Havana club, business litigation info, Cox, Faruki, Brian Wright, LLC v. Bacardi U.S.A., false advertising, deceptive, consumer survey evidence, Bacardi, misleading, Third Circuit, advertising, Cincinnati law firm, commercial advertising

The Third Circuit declares that when "no reasonable interpretation of the [advertising] as a whole could lead to the conclusion that it is false and.. Read More

False Advertising: The Federal Trade Commission Invites Comments and Input for Updated Dot Com Disclosures.

June 29, 2011
Communications/Media, Ireland, business litigation, FTC, internet ads, Dayton law firm, social media, e-commerrce, online consumers, business litigation info, Cox, Faruki, FTC guidelines, online advertising, Brian Wright, false advertising, Federal Trade Commission, Dot Com Disclosures, media, e-commerce, FTC Act, FIC blog, advertising, Cincinnati law firm, mobile internet

In May 2000, the Federal Trade Commission ("FTC") issued a staff working paper, providing guidance to businesses and advertisers that conduct.. Read More

False Advertising: Jackson Hewitt May Not Tack on New Jersey Consumer Fraud Claim to Lanham Act False Advertising Complaint

June 28, 2011
Communications/Media, Ireland, business litigation, Jackson Hewitt, Southern District of New York, Lanham Act, H&R Block, Dayton law firm, FIC, consumer fraud, business litigation info, Cox, Faruki, New Jersey Supreme Court, Brian Wright, false advertising, FIC blog, advertising, Cincinnati law firm, tax, competitive harms, New Jersey Consumer Fraud Act

Faced with competitor false advertising, plaintiffs often seek as broad relief as possible and look to claims other than the Lanham Act when bringing.. Read More

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