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When Growth Outpaces Governance: What the Rise and Fall of SmileDirectClub Teaches Business Owners About Litigation Risk

For many businesses, rapid growth is the ultimate measure of success. New customers, expanding markets, investor interest, and increasing revenue are all signs that a business is poised for long-term prosperity. Growth, however, also introduces inherent risks — particularly if governance, oversight, and risk-management practices fail to evolve in concert with expansion. The rise and… Read more »

July 01, 2026

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Website Tracking Litigation Emerges as One of the Fastest-Growing Consumer Class Action Threats Affecting Companies Across Industries

A wave of consumer class action lawsuits is proving that routine website analytics practices may create major litigation exposure for businesses. Companies that use technologies such as Meta Pixel, Google Analytics, session replay software, chat features, and behavioral tracking tools are now defending themselves against claims that they improperly collected or shared consumer data without… Read more »

May 21, 2026

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Disclosure vs. Deception: What the Similac Decision Means for Consumer Brands

A recent federal court decision rejecting a consumer’s claims concerning a popular infant formula provides an important reminder about the challenges inherent in prosecuting omission-based claims. In Huggins v. Abbott Laboratories, the Northern District of Illinois dismissed claims alleging that the manufacturer misled consumers by failing to disclose the presence of heavy metals in the… Read more »

May 18, 2026

One Word, One Lawsuit: The Risk of Absolute-Sounding Claims in Consumer Products

One Word, One Lawsuit: The Risk of Absolute-Sounding Claims in Consumer Products

Simple product claims may carry complex legal consequences. In Flaherty v. Kenvue Brands LLC, the Northern District of Illinois allowed claims to proceed against a major skincare manufacturer over its “oil-free” labeling. The court held that plaintiffs plausibly alleged that a reasonable consumer could interpret “oil-free” according to that exact meaning. That conclusion was enough… Read more »

May 11, 2026

When Viral Risk Meets Legal Reality: Lessons from the Stanley Tumbler Decision

When Viral Risk Meets Legal Reality: Lessons from the Stanley Tumbler Decision

A recent federal decision involving the popular and ever-present Stanley tumblers is a striking illustration that litigation risk and reputational risk do not always move in lockstep. In April 2026, the U.S. District Court for the Western District of Washington dismissed for the second time (albeit with leave to amend yet again) claims alleging that… Read more »

May 02, 2026

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