United States: Class Actions

The Perfect Law Class Action Conference at NYU brought together practitioners and academics from Europe, Canada, and the United States to debate cutting-edge issues in class action litigation, with particular focus on privacy violations, securities fraud, and the transformative impact of artificial intelligence. The conference explored how Article III standing requirements are shaping privacy class actions, with detailed analysis of recent cases demonstrating the critical importance of pleading specific, se

Affordability remains front and center at the FTC. This month, the agency turned its attention to healthcare and gas costs. It also issued detailed guidance on price transparency for auto dealers that marketers in any industry might want to heed: the advertised price “must be the actual price that any consumer can walk in and pay,” with only government fees excluded. The FTC continues to consider how to combat scams and is seeking public comment on whether online platforms should help stop scammers who use those platforms to impersonate third parties by, for example, requiring the removal of confirmed impersonation scam ads.

This monthly newsletter examines significant legal trends and landmark cases in product liability and mass torts, including recent court decisions on phenylephrine preemption, BIOCELL implant litigation...

A landmark class action lawsuit challenges Workday's AI-powered recruiting tools, alleging they systematically discriminate against job applicants based on race, gender, age, and disability. The plaintiffs' sweeping motion for class certification seeks to prove that algorithmic screening systems produce measurable disparities across thousands of employers, potentially reshaping how courts evaluate AI-driven employment decisions. Will the court accept that one AI engine creates common questions, or will indi

California has enacted a groundbreaking AI disclosure law requiring advertisers to clearly identify when synthetic performers appear in their marketing materials. The legislation, set to take effect in 2027, includes a private right of enforcement that could potentially open the door to class action litigation against brands using AI-generated performers without proper disclosure.

Washington has recently seen an influx of class actions premised on alleged violations of the state’s Commercial Electronic Mail Act (CEMA). The ubiquity of email marketing campaigns has dragged the statute out of obscurity and propelled it to popularity with the plaintiffs’ bar.

A federal court granted Disney's motion to compel arbitration in an antitrust class action, allowing the company to invoke fuboTV's subscriber terms of service after acquiring a 70% stake in the streaming platform. The ruling demonstrates how corporate mergers can fundamentally alter litigation strategy by enabling non-signatories to enforce arbitration agreements containing "future affiliates" provisions.

For the past several years, most of the action in website-tracking litigation under the California Invasion of Privacy Act (“CIPA”) has occurred on motions to dismiss. Plaintiffs have alleged that pixels, cookies, session-replay tools, and other common website technologies amount to unlawful wiretaps, eavesdropping devices, or pen registers.

A federal judge has issued a critical Initial Management Order in the Cartiva Synthetic Cartilage Implant multidistrict litigation, establishing the legal framework for thousands of consolidated claims. The Order appoints leadership teams and sets near-term deadlines as patients who experienced complications from the allegedly defective hydrogel device seek justice through the court system.