The Litigation Counsellor®

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Managing a Remote Law Firm: A Conversation with Hunter Linville

Elizabeth DiNardo, Esq. | Associate Counsel

Thinking about Leaving Your Firm?

The coronavirus pandemic has changed the way many attorneys practice law. Across the country, courthouses are undertaking virtual trials in an effort to keep the judicial system moving while adhering to social distancing measures. Along with virtual hearings and proceedings has come serious consideration of moving toward an “at home” practice.  

With the option of going remote becoming more and more plausible, thoughts of breaking away from your current firm—with or without additional attorneys and support staff—may come into play. Or perhaps your firm is the regional office of a national firm and you are entertaining the concept of an independent practice. At a minimum, given the financial and legal impact on law firms due to our collective sequestration, the future of your current path may be subject to change.

Keebler Fudge Stripe Cookies Face Class Claims Over Fudge Ingredients

Elizabeth DiNardo, Esq. | Associate Counsel

On January 8, 2021, class claims were filed in the Southern District of New York against the company behind the popular Keebler cookies alleging that the company engaged in false, deceptive and misleading product labels.

In the complaint, plaintiff Sharon Pizarro alleges that the defendant promotes its popular Keebler Fudge Stripe shortbread cookies as “made with real Keebler fudge.” 

On December 18, 2020, popular streaming service Netflix reached an undisclosed settlement with the estate of famed Sherlock Holmes author, Sir Arthur Conan Doyle (“the Estate”), bringing an end to claims that Netflix infringed on plaintiff’s copyrights in its new movie, Enola Holmes.

Class Action Alleges TRESemmé Keratin Products Contain Formaldehyde

Elizabeth DiNardo, Esq. | Associate Counsel

On January 7, 2021, consumer goods company Unilever United States was served with class claims in New Jersey federal court alleging its popular TRESemmé Keratin Smooth Shampoo and TRESemmé Keratin Smooth Color Shampoo (“the products”) contain an ingredient that causes significant hair loss and scalp irritation upon proper application.

Boston Duck Tours Faces Class Claims over Overtime Disputes

Elizabeth DiNardo, Esq. | Associate Counsel

On January 4, 2021, class claims were filed in federal court in Massachusetts against popular tourist attraction, Boston Duck Tours, by a group of current and former employees of the company who allege that Boston Duck Tours violated the Fair Labor Standards Act (“FLSA”) by failing to pay employees their rightful wages for overtime hours.

Protecting your Social Media Presence

Elizabeth DiNardo, Esq. | Associate Counsel

The challenges presented in 2020 have caused most people to radically alter the way they do business and how they live their lives in general. Activities that were once conducted in-person have been transitioned to taking place online, from trials and court hearings to holiday dinners and birthdays.

Now more than ever, many of us may find ourselves glued to our devices as we strive to stay connected, through social media apps like Facebook, or to look for mindless entertainment on apps like TikTok. But while most people don’t see the harm in hours spent on social media, it’s important to be aware of the amount of potentially sensitive personal information that you may be inadvertently revealing online.

Peloton Faces Claims of Denying Deaf Users Equal Access to Workouts

Elizabeth DiNardo, Esq. | Associate Counsel

On December 10, 2020, class claims were filed in New York Supreme Court in New York County against the popular at home fitness company Peloton alleging that the company has denied, and continues to deny, deaf and hard-of-hearing individuals equal access to the same goods, services and benefits it provides to non-disabled Peloton app subscribers.

Class Claims Filed Against Chevy Over Electronic Car Defects

Elizabeth DiNardo, Esq. | Associate Counsel

On December 11, 2020, class claims were filed against American automaker General Motors (“GM”) in federal court in the Eastern District of Michigan. The suit alleges that GM failed to inform consumers of a serious defect in the lithium-ion battery used on the company’s popular Chevrolet Bolt (“Chevy Bolt”) vehicle.

PopChips Hit with Class Claims Over Artificial Flavoring

Elizabeth DiNardo, Esq. | Associate Counsel

On December 6, 2020, class claims were filed against the makers of the popular snack food PopChips in federal court in the Southern District of New York. The suit alleges that PopChips Ridges Cheddar & Sour Cream chips (“the product”) are mislabeled in an attempt by the manufacturer to intentionally mislead consumers as to the true ingredients in the product.

On November 25, 2020, preliminary approval was granted by U.S. District Court Judge Henry Edward Autry for a $5,000,000 settlement ending class claims between superstore giant Walmart and a class of plaintiffs who alleged that the defendant routinely and systematically breaches the terms of its return policy.

On November 19, 2020, class claims were filed against Kimberly-Clark Corporation (“Kimberly-Clark”) in federal court in the Eastern District of New York. The suit alleges that the company neglected safety and sanitation responsibilities owed to its customers and the public at large when it was discovered that the defendant’s Cottonelle Flushable Wipes and GentlePlus Flushable Wipes products were contaminated with a dangerous bacterial strain.

On November 16, 2020, Eastern District of New York Judge Eric R. Komitee granted preliminary approval for a $1.3 million proposed settlement that ended claims between pet supply store Petco and a class of former employees.

Whirlpool Faces Class Claims Over Defective KitchenAid Refrigerators

Elizabeth DiNardo, Esq. | Associate Counsel

On November 13, 2020, major home appliance manufacturer Whirlpool Corporation (“Whirlpool”) was served with class claims in federal court in the Southern District of California alleging that the company manufactured and distributed defective refrigerator-freezers.

Costco Faces Class Claims Over Mislabeled Dog Food

Elizabeth DiNardo, Esq. | Associate Counsel

On November 3, 2020, class claims were filed against Costco Wholesale Corporation (“Costco”) and dog food maker Diamond Pet Foods Inc. (“Diamond”) in federal court in the Western District of Washington. The suit alleges that Diamond’s brand—Kirkland Nature Domain—mislabeled its Turkey Meal & Sweet Potato Formula for Dogs and Chicken and Pea Formula for Puppies (together, “Kirkland Products”), thereby misleading consumers as to the true nature of the ingredients of the products.