While browsing the Halloween candy aisle at my local grocery store, I noticed an addition to the packaging for Reese’s Peanut Butter Pumpkins. Next to the image of the unwrapped Peanut Butter Pumpkin carved like a jack-o-lantern, there is now a disclaimer saying: “carving not on actual product.” I can’t tell you how many Peanut Butter Pumpkins I’ve eaten (dozens? hundreds?), but not one has been carved like the jack-o-lantern on the packaging. I smelled a lawsuit. And I was right.

The suit was ultimately dismissed, but the packaging still changed.

Continue Reading Smashing the Peanut Butter Pumpkin Suit

Oklahoma has joined the growing chorus of states enacting comprehensive consumer privacy legislation. With the passage of Senate Bill 546, the Sooner State has a new data protection framework taking effect on January 1, 2027.

Here is what businesses need to know.

Continue Reading “Oh What a Beautiful Morning” for Oklahoma Privacy:  Key Takeaways from the Sooner States’ New Consumer Data Protection Law

The Federal Trade Commission (FTC) is once again taking aim at its Negative Option Rule, signaling a renewed effort to address deceptive subscription and automatic renewal practices.

On March 11, 2026, the FTC released an Advance Notice of Proposed Rulemaking (ANPRM) seeking input on whether the rule should be updated to reflect today’s subscription‑driven marketplace. The agency emphasized that negative option programs continue to generate substantial consumer frustration, including more than 100,000 complaints over the past five years.

Continue Reading FTC’s Negative Option Rule Revived – Public Comment Period

Join Taft partners Rob Bilott, Isaac Colunga, Ian Fisher, Ron Holman, Gillian Lindsay, Andrew Murphy, and Mike Zbiegien for a complimentary webinar where they will discuss the topics below.

Date: Thursday, March 5, 2026
Time: 12 p.m. – 1:15 p.m. ET
Register HERE.

AGENDA:

12:00 – 12:05 p.m.
Introduction and Agenda Overview – Taft’s Class Action Litigation Team

12:05 – 12:15 p.m.
Getting Their “Day in Court?” The Circuit Split Over Standing for Absent Class Members After TransUnion
The Circuits are split as to when and how the Courts should determine whether an absent class member needs to have standing to proceed as class members. Taft partner Ron Holman will examine the positions taken by the divided courts, which ultimately will be decided by the Supreme Court.

  • Presenter: Ron Holman

12:15 – 12:25 p.m.
What Has the Plaintiff’s Bar Been Up To?
A brief introduction to the most annoying class actions that plaintiffs filed in 2025 and will continue filing in 2026. Taft partner Isaac Colunga will cover the jurisdictions, allegations, and outcomes of each. He’ll also touch on how to avoid them (if possible).

  • Presenter: Isaac Colunga

12:25 – 12:35 p.m.
BIPA is “Dumber”
In this update, Taft partners Ian Fisher and Gillian Lindsay will discuss latest developments under the Illinois Biometric Information Privacy Act (BIPA) and where they see the statute going in the near future. Fisher and Lindsay will discuss recent rulings on virtual try on (VTO) technology, the healthcare exception for fingerprint access to hospital drug trays, and the retroactive application of the 2024 amendment.

  • Presenters: Ian Fisher and Gillian Lindsay

12:35 p.m. – 12:45 p.m.
The ERISA Surcharge Debate: Circuit Split and Class Action Strategy
Recent ERISA class actions are challenging health plans’ use of “surcharges” related to wellness programs, asserting violations of ERISA Section 702 and related regulations. This has important implications for how employers and health plan sponsors communicate regarding these plans.

  • Presenter: Mike Zbiegien

12:45 – 12:55 p.m.
Navigating Employment Class Actions: Strategies, Challenges, and Emerging Issues
Taft partner Andrew Murphy will discuss employment-related class and collective actions, highlighting how these cases differ from other types of class actions and exploring key procedural and strategic considerations unique to this area. The session will also address emerging trends and developments.

  • Presenter: Andrew Murphy

12:55 – 1:05 p.m.
“Forever Chemicals” and Consumer Class Actions: The Next Chapter in PFAS Litigation
Litigation over “forever chemicals,” also known as PFAS (per- and polyfluoroalkyl substances), continues to expand nationwide. What began largely as personal injury and environmental contamination cases—often involving municipal water systems—has evolved into a surge of consumer class actions invoking state and federal consumer protection laws. In this session, Taft partner Rob Bilott will discuss the latest developments in PFAS litigation, including recent settlements, regulatory actions, and the growing focus on consumer product claims. Bilott, who first brought global attention to PFAS contamination, continues to play a leading role in shaping this complex and evolving area of law.

  • Presenter: Rob Bilott

This seminar is pending approval for 1.15 hours of CLE credit in Arizona, Colorado, Florida, Georgia, Illinois, Indiana, Kentucky, Ohio, and Minnesota. There is no cost to attend.

Questions? Contact Megan Riley at mriley@taftlaw.com.

Until the California legislature takes action, the plaintiff’s bar will continue filing lawsuits challenging companies’ website tracking tools under the California Invasion of Privacy Act, or CIPA. As of now, courts don’t agree on how far this old California privacy law actually goes, which means companies should take action.

Continue Reading Class Action Review: What We’re Seeing with CIPA Class Actions in California Challenging Website Tracking Tools

Courts in Florida are redefining how a decades-old privacy law applies in the digital age. The Florida Security of Communications Act (FSCA) was originally passed to stop phone calls and private messages from being recorded unlawfully, but now it’s being tested in ways lawmakers likely didn’t envision.

Continue Reading Class Action Review: A Brief Look at How Florida Courts Are Interpreting the Security of Communications Act in the Digital Age

Join Taft partners Rob Bilott, Isaac Colunga, Ian Fisher, Ron Holman, Gillian Lindsay, and Mike Zbiegien for a complimentary webinar where they will discuss the topics below.

Date: Tuesday, April 15, 2025
Time: 12 p.m. – 1:15 p.m. EST
Register HERE.

The ABCs of Class Actions

Class actions represent high-stakes litigation for corporations and their lawyers. That’s why it’s critical to have a firm grasp of the fundamentals – namely, Rule 23. This session will focus on the key elements for achieving and defeating class certification.

“Forever Chemicals” and Consumer Class Actions: An Emerging Trend in PFAS Litigation

2025 has brought a new wave of litigation involving “forever chemicals,” also known as PFAS (per- and poly-fluoroalkyl substances). While litigation in this area has often involved either personal injury claims or claims concerning damage to natural resources and municipal water systems, a growing trend of class actions is emerging, implicating consumer protection laws.

Navigating BIPA Perils: Avoiding Costly Class Actions Amid Evolving Case Law

Illinois’ Biometric Information Privacy Act (BIPA) is the most robust and dangerous biometric privacy legislation in the country. Plaintiff’s firms have filed thousands of class actions arising from biometric timeclocks and facial recognition software to virtual sunglass try-on technology and truck driver dash cams. Violations are strict liability and permit recovery for each class member of $1,000 per negligent/unintentional violation or $5,000 per reckless/intentional violation, leading to potentially billions of dollars in exposure. The case law is quickly evolving, driven by a recent amendment and a few key court decisions. Don’t let your company get named in a potentially ruinous BIPA class action!

Arbitration and Class Action Waivers

Under the Supreme Court’s decisions in AT&T Mobility v. Concepcion and Stolt-Nielsen S.A. v. AnimalFeeds Int’l., agreements to arbitrate are presumed to require arbitration on an individual basis unless the agreement expressly permits class arbitration. As a result, arbitration clauses can be an effective tool to avoid a potential class action. This session will look at the potential benefits and pitfalls of incorporating arbitration clauses into your form agreements and the best practices for doing so.

Let’s Talk About Ascertainability. Is it an Element of Certification or Not?

The concept of ascertainability requires a plaintiff to show that class members are identifiable. After all, it certainly helps to know who falls into whatever class the named plaintiff wants to represent. But, as we all know, ascertainability is not an express requirement of Rule 23. Recognizing this, courts have mostly held that there is no heightened requirement to ascertain class members before a class is certified. A growing number of courts are breaking away from the majority and are requiring a feasible way to find out who is and who is not in the proposed class. This short segment examines this circuit split over this important concept.

Pending approval for Arizona, Colorado, Illinois, Indiana, Kentucky, Minnesota, and Ohio CLE credits.

In 1993, the U.S. Supreme Court established the standard for determining the admissibility of expert testimony in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579. That decision immediately gave rise to a pressing question: How is Daubert pronounced? With a French pronunciation, i.e. “dough bear,” or a more American pronunciation, i.e., “dow (rhymes with cow) burt” or “daw burt”? (Garner’s Dictionary of Legal Usage says the last pronunciation is correct.)

Recently, courts have wrestled with another question: To what extent does the Daubert framework apply to expert testimony offered to support motions for class certification?  Last month, the Sixth Circuit weighed in and joined the side of those who hold that district courts must apply a Daubert analysis when challenged expert testimony is relevant to class certification in In re Nissan N. Am., Inc. Litig., No. 23-5950 (6th Cir. Nov. 22, 2024).

Continue Reading To Daubert or not to Daubert — That Is the Question: Sixth Circuit Weighs in on Expert Standards at Class Certification

For this Cyber Monday, we are looking at one of the hot topics in data-privacy and cybersecurity litigation: the Video Privacy Protection Act. Recent years have seen an uptick in lawsuits asserting violations of the VPPA by companies that host video content on websites or mobile apps and then share information about the individuals who watched those videos with other businesses. While the companies have experienced some success in getting VPPA claims dismissed, the Second Circuit recently reinstated a putative class action asserting VPPA violations against the NBA that may breathe new life into VPPA claims. Salazar v. National Basketball Association, No. 23-1147 (2d Cir. Oct. 15, 2024). But is the worry about VPPA class actions overblown?

Continue Reading Video Privacy Protection Act Claims – Maybe Not a Slam Dunk After All

State Seeks to Derail NCAA NIL Settlement

The State of South Dakota has unleashed a two-pronged attack attempting to undo, or at least modify, the NCAA’s settlement of antitrust claims regarding its name, image, and likeness rules. In September, shortly after the $2.78 billion settlement was announced, South Dakota sued the NCAA on behalf of the University of South Dakota and South Dakota State University in a separate case, complaining that the settlement would result in non-power-conference schools losing approximately $960 million in NCAA distributions to help pay for the deal. 

Then, two weeks ago, just after the federal judge hearing the main antitrust case granted preliminary approval of the settlement, the state filed a motion in that case arguing that the set­tle­ment notice provided to the various state Attorneys General did not satisfy the requirements of the Class Action Fairness Act. This is an unusual challenge to a class-action settlement, so we thought we would take a further look at what South Dakota is arguing.

Continue Reading South Dakota a Giant (Settlement) Killer?