What You Need To Know In A Minute Or Less
1 Ethylene Oxide Litigation Series
Our February and March series covered ethylene oxide, an
emerging chemical that has increasingly been the focus of
regulatory bodies and the plaintiffs' bar. With lawsuits and
regulatory proceedings still pending, the debate over the risk
posed by ethylene oxide exposure continues today. Our edition discussing whether a company may be a
litigation target garnered a significant number of views, and
remains an important consideration for companies today following
Sterigenics and Sotera Health's settlements of ethylene oxide
litigation (US$408 million for nearly 880 claims in Illinois and
US$35 million for 79 claims in Georgia).
In that vein, our edition on insurance coverage highlights some of the
relevant considerations for companies who may face ethylene oxide
claims in evaluating whether they may seek indemnity from their
insurance carriers.
2 Session Replay Litigation Series
Our April and May series focused on the surge in lawsuits based
on website tracking tools. We outlined how these
lawsuits are generally centered on state wiretapping claims, and
highlighted that any company with a website that uses analytics or
other tracking cookies is potentially at risk. These claims show no
signs of slowing down.
As is typically the case, prevention is key, and we suggested several steps companies can take in an effort
to avoid being the target of one of these lawsuits.
3 PFAS Litigation Series
The rise in per- and polyfluoroalkyl substances (PFAS)
litigation has brought attention to a complex landscape that has
evolved beyond environmental claims and into consumer
protection-based class action, where plaintiffs allege deception in
product safety, sustainability, and disclosure of PFAS presence in
wide range of products—from cosmetics to food packaging.
Central to this evolving legal environment are questions concerning
the foundation and validity of these claims, particularly when no
apparent harm has been demonstrated.
In our PFAS series, we explored the focus on FDA and state PFAS regulation, defenses and challenges to
consumer protection-based class actions, and how early actions upon
receipt of a complaint or a claim can affect insurance recovery.
4 Pixel Tool Litigation Series
Our series in August and September explored the uptick in website data privacy class actions, focusing on pixel tool litigation. We provided an overview of plaintiffs' claims, anticipated defenses, and immediate steps that companies might consider deploying in order to mitigate the risks associated with these novel claims.
5 New Year, New Issues
We look forward to continuing to share our latest thought leadership with you throughout 2024. In the New Year, we intend to focus on hot topics—including artificial intelligence, climate-related lawsuits, and issues related to standing—as they emerge and develop.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.