How Cybersecurity Standards and the False Claims Act Heighten Litigation Risks with Seth Goertz

How can business owners and their attorneys anticipate litigation risks created by new cybersecurity regulations?

The connection between changes on the regulatory horizon and the creation of new theories of liabilities in civil litigation is well known. A new regulation often creates or expands a standard of care or obligation for a company that a plaintiff, including a consumer in a class action, can point to as a predicate for a tort or other legal theory. The nexus between the regulatory landscape goes even further. In this episode, I interview Dorsey Partner Seth Goertz on the unconventional mix between cybersecurity standards and False Claims Act, which empowers whistleblowers to bring lucrative claims for even small deviations. This creates a template for whistleblowing and cybersecurity standards even in the private sector, creating a litigation risk even where there has been no data breach.

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If you have any comments or feedback on this episode, drop me a line at schmidt.kent@dorsey.com.

This podcast is not legal advice and does not establish an attorney-client relationship or create any duty of Dorsey & Whitney LLP or those appearing in this podcast to anyone. Although we try to assure that the content of this podcast is accurate, comprehensive, and reflects current legal developments, we do not warrant or guarantee those things. The opinions expressed in this podcast are the opinions of those appearing in the podcast only and not those of Dorsey & Whitney. This podcast is considered attorney advertising under the applicable rules of certain states.

Litigation Risks Arising from Hidden or “Junk” Fees with Matt Ralph and Alex Hake

How can businesses and those who advise them avoid "junk fee" lawsuits?

Hidden fees that consumers learn about late in the process of completing a transaction are increasingly targeted in state and federal legislation. Using names such as “junk fees” and “drip pricing”, these laws create new litigation risks for companies. In this episode, I interview Dorsey Partner Matt Ralph and Associate Alex Hake on the new statutes as well as FTC regulations, application in common scenarios, pending litigation claims, and what these developments mean for class action risks.

SharkCast just got even better - now streaming new episodes in video!

If you have any comments or feedback on this episode, drop me a line at schmidt.kent@dorsey.com.

This podcast is not legal advice and does not establish an attorney-client relationship or create any duty of Dorsey & Whitney LLP or those appearing in this podcast to anyone. Although we try to assure that the content of this podcast is accurate, comprehensive, and reflects current legal developments, we do not warrant or guarantee those things. The opinions expressed in this podcast are the opinions of those appearing in the podcast only and not those of Dorsey & Whitney. This podcast is considered attorney advertising under the applicable rules of certain states.

The National Advertising Division’s Connection with Identifying and Avoiding Consumer Litigation Risks with Fara Sunderji

What is the NAD and what do companies need to understand about it to avoid consumer litigation?

Consumer litigation risks are a significant concern for companies selling products and services for personal use, including consumer class action lawsuits, as well as scrutiny and enforcement actions from the Federal Trade Commission, state attorneys general, and district attorneys. Mitigating these risks requires understanding how self-regulatory organizations (SROs) work. In this episode, I interview Dorsey Partner Fara Sunderji on SROs, focusing on the National Advertising Division (NAD) of the Better Business Bureau, exploring how NAD handles complaints, coordinates with the FTC, and serves as a resource in understanding and defending against consumer litigation risks.

If you have any comments or feedback on this episode, drop me a line at schmidt.kent@dorsey.com.

This podcast is not legal advice and does not establish an attorney-client relationship or create any duty of Dorsey & Whitney LLP or those appearing in this podcast to anyone. Although we try to assure that the content of this podcast is accurate, comprehensive, and reflects current legal developments, we do not warrant or guarantee those things. The opinions expressed in this podcast are the opinions of those appearing in the podcast only and not those of Dorsey & Whitney. This podcast is considered attorney advertising under the applicable rules of certain states.