Third Circuit’s Wyndham decision - Part two

November 17, 2015

So what did the Third Circuit hold in FTC vs. Wyndham and what does the decision really mean? Jay and Ryan continue their discussion of the Third Circuit’s decision and give you some key takeaways on what this means for companies that collect personally identifiable information.


Is the use of statistical averages appropriate when certifying a Rule 23(b)(3) damages class?

November 11, 2015

Tyson Foods, Inc. v. Bouaphakeo is the latest in a series of cases to go before the Supreme Court on issues pertaining to the proper adjudication of class actions. Oral argument was heard on Nov. 20 and Jay and Porter Wright colleague Jetta Sandin attended. In this podcast, they share their impressions of how the argument went and what seemed to interest the Justices the most.


Third Circuit’s Wyndham decision - Part one

November 5, 2015

In part one of this two part series, Jay is joined by Ryan Graham, a colleague at Porter Wright and former FBI analyst, to discuss the Third Circuit’s decision in FTC vs. Wyndham. Ryan and Jay discuss generally the various agencies who have authority over data security and the challenges facing companies who have experienced a data breach. They also outline the issues involved in the Wyndham case.


Government licensure for the personal training industry – unnecessary, unworkable and unintelligible

October 13, 2015

A campaign to require licensure in the personal training industry by the U.S. Registry of Exercise Professionals has left some scratching their heads. Six states have considered licensure laws that, through criminal liability, would forbid providing personal training services without a license. In 2013, Washington, D.C. passed legislation authorizing the D.C. Board of Physical Therapy to enact regulations for licensure of personal trainers, though it now appears that this law will be repealed.

In this podcast, Brodie Butland and I discuss the implications of the various proposals to require licensure for personal trainers, including the remarkable over breadth of the proposed laws, their anti-consumer establishment of an oligopoly exclusively benefitting only a part of the personal training profession, and their stifling creativity and innovation in the fitness industry by requiring personal trainers and consumers into a one-size-fits-all paradigm. Tune in to find out more.


Antitrust woes for Amazon, Part 2

September 23, 2015

Antitrust Law Source author Darcy Jalandoni and editor Jay Levine pick up their discussion of the antitrust issues facing Amazon. In this episode, they discuss the parties’ positions, the result of Amazon’s recent contract dispute with Hachette…and how authors, and ultimately how American literature, will publish in the future.


Antitrust woes for Amazon, Part 1

September 16, 2015

Since the Kindle was released in 2007, Amazon has become dominant in the e-publishing world. Amid its other legal battles over the last eight years, a dispute between authors, the traditional publishing industry and Amazon has been not so quietly brewing. Antitrust Law Source author Darcy Jalandoni and editor Jay Levine discuss some of the interesting twists and turns in the dispute, and what the next chapter holds. 


Merger of St. Luke’s Health System and Saltzer Medical Group blocked

February 10, 2015

Today, the Ninth Circuit upheld a ruling by an Idaho Federal District Court that ordered St. Luke’s Health System Ltd. to divest its acquisition of Saltzer Medical Group. Jay discusses the importance of this ruling in today’s podcast.


“Made in the USA” labeling: A trap for the unwary – Part two

February 10, 2015

How can retailers and product designers minimize their liability exposure to “Made in the USA” false-labeling claims without sacrificing the valuable label itself? In part two of the “Made in the USA” podcast series, Jay Levine, Jared Klaus and Bob Tannous discuss how mitigating risk from such claims requires a holistic approach, including such strategies as negotiating indemnity agreements and reps and warranties with upstream suppliers and manufacturers, structuring insurance arrangements, conducting internal audits and monitoring for warning signs on social media and court filings.


“Made in the USA” labeling: A trap for the unwary - Part one

February 2, 2015

A slew of recent class actions brought in California are claiming that retailers and product designers acted deceptively by marketing their products as "Made in the USA." But, as discussed in this podcast, the issue is far from black and white. For instance, can a pair of jeans assembled in the USA from domestically produced denim be labeled "Made in the USA" if the zipper on those jeans was imported from a foreign country? According to the FTC, the answer is yes, but California law says no. Find out how this strict California law is wrecking havoc on the apparel industry, and hear how to avoid becoming the next target for this wave of litigation.


The importance of the state action exemption on state licensing boards

November 26, 2014

This podcast discussed the background and potential legal implications, particularly on state licensing boards, of North Carolina Board of Dental examiners v. Federal Trade Commission, argued before the U.S. Supreme Court last month and previously summarized here. Jay Levine and Darcy Jalandoni, members of Porter Wright's Antitrust Group, provide an overview of the state action doctrine at issue in the case, analyze possible outcomes and assess the potential repercussions of the Court's decision. In particular, Jay and Darcy discuss how the Courts decision may affect how states will choose to license and oversee professionals (including medical professionals) in the future.