Ninth Circuit Clarifies Standards for Equitable Damages in False Advertising Cases
Len Gordon and William Lawrence published "Ninth Circuit Clarifies Standards for Equitable Damages in False Advertising Cases" in the October 2021 issue of The Licensing Journal. The following is an excerpt:
A recent decision in the Ninth Circuit sheds new light on whether, and the standard by which, a false advertising claimant must prove equitable damages under the Lanham Act. In Grasshopper House, LLC v. Clean & Sober Media, LLC the plaintiff obtained a jury verdict finding the defendants liable for false advertising. But the district court cancelled the damages phase of the jury trial after the exclusion of plaintiff's damages expert, which the court reasoned was plaintiff's only evidence concerning actual losses as a result of defendants' misrepresentations.
You Asked, We Answered—Does Your Website Comply with the ADA? Don't Wait for a Class Action to Find Out
All companies and organizations with a website—whether for internal use or publicly facing—must ensure that their website complies with the Americans with Disabilities Act (ADA). Website owners are increasingly facing lawsuits filed on behalf of visually impaired, hearing-impaired, and other disabled individuals who are unable to access website features.
In a recent webinar, Venable partners Jean-Paul Cart and Nicholas Reiter discussed how simple updates in line with the Web Content Accessibility Guidelines (WCAG) can help organizations avoid these types of lawsuits and answered questions from the audience.
A Festivus Miracle! A Deep Dive into the Legislative History Regarding Florida Telephone Solicitation Act's Applicability to Interstate Communications
As we wind down the year and before I set my out of office for a much needed respite, I thought that I'd give the telemarketing litigation community a bit of a holiday gift—some of the legislative history for the Florida Telephone Solicitation Act and, specifically, the Florida Legislature's own views of the statute's applicability to interstate versus intrastate communications. That matters a lot in defending FTSA class actions. But, first, let me air some of my grievances with the FTSA.
2021 Capitol Hill Wrap-up
Senator Joe Manchin's decision to torpedo the Build Back Better Act has wide-ranging consequences, including one that hits close to home, so to speak. Tucked in the bill was a provision to provide the FTC with authority to seek civil penalties for all violations of Section 5 of the FTC Act (something the FTC Act currently does not allow). This provision, which was vehemently opposed by a broad range of business groups, essentially has died on the vine. Although proposals to arm the FTC with such authority may be resurrected in future spending bills or standalone legislation, as of today, Congress's focus appears to have narrowed on regulation of Big Tech, including the creation of a data privacy bureau within the FTC.