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Marc S. Roth, a partner at Manatt Phelps & Phillips, and Edward Kabak, general counsel of the Promotion Marketing Association, review recent legal developments, including several cases brought by the FTC against companies alleged to have made unsubstantiated health claims and violated their stated privacy policies, and consumer class actions and cases initiated by competitors and self-regulatory bodies involving social media, cosmetic advertising, and "natural" claims.
Cohen & Gresser's Alexandra Wald and Nathaniel P. T. Read discuss recent decisions construing "notice" provisions and the implications of enhanced notice provision enforcement for the departing employee, particularly with respect to requirements mandating reporting of terminations.
Marc Gottridge, a partner at Hogan Lovells, writes that the "international concept of due process" requires only that foreign procedures not offend against "basic fairness" for a judgment reached by such a court to be recognized here. In only a handful of cases have courts applying the Recognition Act refused to recognize and enforce a foreign judgment on these grounds, illustrating how far from "fundamentally fair" a system must be for its judgments not to be accorded comity under the statute.
Steven F. Napolitano and Peter D. Luneau of Skadden, Arps, Slate, Meagher & Flom write that New York courts continue to grapple with the various theories that exist for extending liability to an otherwise "innocent" defendant, but the precise contours of successor liability continue to evade simple definition.