An important issue in class action practice is how courts are to evaluate the reliability of expert evidence that purports to support class certification. On November 22, the Sixth Circuit joined a majority of circuits in holding that a full Daubert analysis is required at the class certification stage where the expert evidence is
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Illinois Federal Court Permits Citric Acid Case To Proceed
By Cort Lannin & Kaixin Fan
A court in the Northern District of Illinois recently denied a motion to dismiss a lawsuit alleging that the alleged inclusion of artificial citric acid in a product rendered the “No Artificial Flavors, Preservatives, or Dyes” representation on the front label false and/or misleading. Hayes v. Kraft Heinz Co., 2024 WL 4766319 (N.D. Ill. Nov.…
FTC Staff Paper Finds Most “Smart” Products Manufacturers Fail to Disclose How Long They Will Provide Software Updates
By Natalie Dugan, Yaron Dori & Laura Kim
In late November, the Federal Trade Commission (“FTC”) released a staff perspective paper (“the Paper”) detailing the results of an FTC study that surveyed 184 “smart” devices, ranging from smartphones to hearing aids to door locks, to determine whether manufacturers disclose how long they provide software updates for their products and related apps. Without such…
The EU Foreign Subsidies Regulation – Outlook for the European Commission’s 2025-2029 Mandate
On 1 December 2024 the 2025-2029 College of Commissioners took office, led by President Ursula von der Leyen in her second term. This blog explores what companies can expect from the new Commission regarding the EU Foreign Subsidies Regulation (“FSR”).
The FSR was adopted in December 2022 to address distortions caused in the EU by…
EDPB adopts draft guidelines on requirements when responding to requests from non-EU public authorities
By Marty Hansen & Paul Maynard
On 2 December 2024, the European Data Protection Board (“EDPB”) adopted its draft guidelines on Article 48 GDPR (the “Draft Guidelines”). The Draft Guidelines are intended to provide guidance on the GDPR requirements applicable to private companies in the EU that receive requests or binding demands for personal data from public authorities (e.g., law enforcement…
Brazil’s Fiscal Framework in Peril: Impact on Businesses
By Diego Bonomo
- On November 27, Brazil’s Finance Minister Fernando Haddad announced a package of spending cut measures and the outline of an income tax reform. The package was a reaction to market unease over the perceived weakness of the country’s fiscal framework, which built up over the past year.
- The announced spending cuts were poorly
…
European Commission’s draft guidelines on Article 102 – webinar series
By Kevin Coates
Our webinar series on the European Commission’s draft guidelines on Article 102 is now available on demand here. The series, hosted by Kevin Coates, a former European Commission head of unit and an antitrust partner in Covington’s Brussels office, is in three parts.
In the first webinar, Massimiliano Kadar of the European Commission’s…
European Commission’s draft guidelines on Article 102 – webinar series
By Kevin Coates
Our webinar series on the European Commission’s draft guidelines on Article 102 is now available on demand here. The series, hosted by Kevin Coates, a former European Commission head of unit and an antitrust partner in Covington’s Brussels office, is in three parts.
In the first webinar, Massimiliano Kadar of the European Commission’s…
First Circuit Agrees with Other Circuits that CAFA Jurisdiction Survives Class Certification Denial
The First Circuit recently held as a matter of first impression that denial of class certification does not strip a federal court of jurisdiction under the Class Action Fairness Act (“CAFA”), consistent with earlier decisions from the Second, Third and Seventh Circuits. The opinion also addressed two exceptions to CAFA—the “home state” and “local controversy”…
Regulatory Insights from the IEA’s New Report on Recycling Critical Raw Materials
On 18 November 2024, the International Energy Agency (“IEA”) published a detailed 163-page Report titled “Recycling of Critical Minerals: Strategies to Scale Up Recycling and Urban Mining” (the “Report”). The Report emphasizes the importance of recycling in securing the supply of essential minerals – such as copper, lithium, cobalt, and rare earths – which are…