Unfair Competition Defense Podcast

Short-term discounts, comparison pricing, and "save now!" claims can drive sales, but they can also drive litigation. This episode, hosted by GT shareholders Greg Nylen and Alex Linhardt, breaks down the growing scrutiny of false reference pricing practices, highlighting California's influential role and the broader impact on retailers and advertisers across the country.

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

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.

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.

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.

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.

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."

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.

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

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.