California Unfair Competition Defense Podcast: Recent Episodes

Greenberg Traurig

Hosted by Lisa Simonetti and Greg Nylen, Greenberg Traurig’s California Unfair Competition Defense Podcast focuses on California’s broad, unique and powerful consumer protection statutes: the Unfair Competition Law; the False Advertising Law; and the Consumers Legal Remedies Act. Claims under these laws frequently are brought as putative class actions, and against companies in many different industries. Each episode addresses key principles under these laws, new developments and, most importantly, defense strategies.

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GT Shareholder Frank Citera joins host Greg Nylen for a discussion of public nuisance claims, which have taken center stage in mass tort actions.

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GT Shareholder Ed Chansky joins Greg Nylen to explore the evolving landscape of credit card surcharges in the U.S. From state-level quirks and disclosure requirements to recent regulatory developments, this episode delves into the legal complexities surrounding merchants' ability to pass credit card processing fees onto consumers.

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GT Shareholder Will Wagner joins hosts Adil Khan and Greg Nylen for a discussion on consumer claims related to chemical litigation, specifically focusing on false advertising and the nuances of Prop 65 enforcement in California.

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GT Shareholder Mike McCarthy joins co-hosts Adil Khan and Greg Nylen to discuss the compelled speech doctrine's application to commercial speech and how that intersects with product defect omission claims.

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Riley Lagesen, GT Shareholder and co-chair of the Restaurant Industry Group, joins co-hosts Gregory Nylen and Adil Khan to discuss recent California legislation focused on transparency in consumer pricing, “junk fees,” and hidden costs, and specifically how these laws could impact restaurants.

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GT Shareholder Ed Chansky joins co-hosts Greg Nylen and Adil Khan to discuss current enforcement efforts by the Federal Trade Commission and its focus on “junk” fees, auto-renewal issues, and other “Dark Patterns.”

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GT attorneys and class-action litigators Adil M. Khan and Layal Bishara join hosts Lisa Simonetti and Greg Nylen to discuss the legal risks created by marketing, sustainability reports, and other statements on “ESG”—environmental, social, and governance—issues. The group discusses best practices for marketing as well as litigation strategies for defending against false advertising claims.

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In this episode, we discuss whether omissions can provide a basis for a claim under the fraudulent prong of the UCL or the CLRA.

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Special guest and arbitrator/mediator Daniel Turner joins us for a discussion of how recent cases, including Supreme Court decisions, have impacted the arbitrability of individual and class claims under PAGA and California’s unfair competition statutes.

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Special guest and arbitrator/mediator Daniel Turner joins us for a discussion of how recent cases, including Supreme Court decisions, have impacted the arbitrability of individual and class claims under PAGA and California’s unfair competition statutes.

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In this episode, our guest Dominique “Mike” Hanssens, professor of marketing at UCLA’s business school, discusses how to properly design, conduct and report on consumer surveys for cases involving unfair competition and deceptive advertising.

Here is the link to the Reference Guide on Survey Research by Shari Seidman Diamond: https://doi.org/10.17226/13163.

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In this episode, we discuss defense strategies for UCL and FAL claims based on law developed under the federal Lanham Act, and the relationship between those statutes.

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In this episode, we discuss the 24 enumerated “wrongs” under the CRLA and procedural quirks.  We also discuss some new decisions.

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In this episode, we discuss the purpose and application of the CRLA, along with an overview of remedies.  We also discuss some new decisions.

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In this episode, our co-hosts discuss current law governing restitution under the UCL and FAL, and damages under the CLRA, along with issues related to injunctive relief, including McGill v. Citibank

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In this episode, our co-hosts discuss current legal principles governing standing to sue in state and federal court, along with recent case developments regarding insurance coverage for attorneys’ fees in enforcement actions, the safe harbor defense and the availability of an Unfair Competition Law claim in a commercial context not involving direct competitors.

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In this episode, our co-hosts cover the current legal standards applicable to claims of unfair and fraudulent conduct under the Unfair Competition Law, along with recent case developments regarding safe harbor and preemption defenses.

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In this pilot episode, co-hosts Lisa Simonetti and Greg Nylen introduce the California Unfair Competition Defense Podcast and provide a framework for discussion of the Unfair Competition Law, the False Advertising Law and the Consumers Legal Remedies Act. They also drill down into claims of “unlawful” conduct under the Unfair Competition Law and strategic considerations for defense counsel.