Faruki Blog

Brian Wright

About Brian Wright

Faruki Co-Managing Partner Read Bio

Faruki+ celebrates Pride Month with the LGBTQ+ community -- EEOC Releases Resources Aimed at Educating about Rights of Workers to be Free from Sexual Orientation and Gender Identity Discrimination

On June 15, 2021, the U.S. Equal Employment Opportunity Commission ("EEOC") celebrated the one-year anniversary of the landmark U.S. Supreme Court.. Read More

Changing Landscape of Product Liability Class Actions: Did Comcast Eviscerate Product Liability Class Actions? Or, Do Whirlpool And Sears Signal Significant Changes Ahead?

The landscape of product liability class actions has changed significantly in recent years, generally favoring defending companies. Recent decisions.. Read More

Merits Inquiry and Rigorous Analysis: Ohio Supreme Court Clarifies When Merit Inquiry at the Class Certification Stage is a Proper Part of the Rigorous Analysis

On Tuesday, July 16, 2013, the Ohio Supreme Court held that trial courts must "conduct a rigorous analysis, which may include probing the merits of.. Read More

Predominance Inquiry and Rigorous Analysis: Comcast Corp. Already Impacting Class Certification Appellate Review

The recent Comcast Corp. opinion from the U.S. Supreme Court is already impacting appellate review of class certification decisions. In Comcast Corp... Read More

Incentive Payments and Adequacy Challenges -- Promises of Incentive Payments Can Create Conflicts of Interest Issues and Defeat Class Certification

When promises of incentive payments are made by class counsel (outside of the settlement context where the parties reach an agreement to make such a.. Read More

Federal Court Rejects the "Prior Substantiation Doctrine" in Consumer Class Action, Requiring Affirmative Proof of False Advertising

As seen in the decision in Scheuerman v. Nestlé Healthcare Nutrition, Inc. 2012 U.S. Dist. LEXIS 99397 (D.N.J. July 17, 2012), courts are.. Read More

Sixth Circuit Declines to Clarify Aesthetic Functionality Test (or Even Whether the Doctrine Has Been Adopted in This Circuit): Maker's Mark's Wax Seal Trademark Protected and Not Functional

The Sixth Circuit affirmed the Western District of Kentucky, finding that Maker's Mark's dripping red wax seal is protected as a trademark. Maker's.. Read More

California's "Shine the Light" Law: Protecting Your Business from Class Action Plaintiff's Lawyers' Newly Found Weapon

Generally, the California's "Shine the Light" law requires disclosure by any "business" that has disclosed "personal information" to "third parties".. Read More

Free Offer Advertising: "Free" Means "Free"

Companies routinely offer discounts or other incentives to increase sales. Free offer advertising campaigns are a common and often good method to.. Read More

BYOD: Security Issues to Consider When Inviting Employees to "Bring Your Own Device"

Employees often demand to use their own electronic devices to interact with the companies' systems. Given the 24-hour demands of our ever-connected.. Read More
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