Proskauer on Advertising Law
Proskauer on Advertising Law
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Rebecca Felsenthal

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Third Circuit to Putative Class Action Plaintiffs: No Receipt, No Class Cert

On May 2nd, the Third Circuit declined to rehear en banc its 2013 decision to reverse class certification in Carrera v. Bayer Corp, which created a big hurdle for would-be plaintiffs bringing suit in New Jersey, Pennsylvania and Delaware who fail to keep records of their retail purchases. In Carrera, the plaintiff brought what was … Continue Reading

Court Puts a Cork in Billionaire’s Punitive Damages Award In Counterfeit Wine Case

On March 31st, a federal judge in the Southern District of New York slashed a $12 million dollar punitive damages award to billionaire and oenophile William Koch in his lawsuit over counterfeit wine, finding the award – which amounted to more than 33 times the compensatory damages award – to be “so exorbitant that it is … Continue Reading

Truth In Advertising Act of 2014 — Congress Considers Legislation Aimed At Curbing Use of Digitally-Altered Photos In Advertisements

The Truth in Advertising Act of 2014 (H.R. 4341), introduced on March 27th, would mandate that the FTC create appropriate regulations to reduce the use (in advertising for commercial products) of images that have been altered in a way that “materially change[s] the physical characteristics of the faces and bodies” of any persons depicted in … Continue Reading
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