About California Unfair Competition Defense Podcast
Hosted by Greg Nylen and Adil Khan, Greenberg Traurig's Unfair Competition Defense Podcast focuses on consumer protection statutes at the state and federal levels. Claims under these laws frequently are brought as proposed consumer class action litigation across many different industries. Each episode addresses key principles under these laws, new developments and, most importantly, defense strategies.
GT Shareholder Frank Citera joins host Greg Nylen for a discussion of public nuisance claims, which have taken center stage in mass tort actions.
6 Mar 2025
Episode 16: An Increased Interest in Credit Card Surcharges
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.
28 Jan 2025
Episode 15: Insights on Chemical Litigation As It Relates to PFAS, Heavy Metals, and Prop 65
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.
4 Dec 2024
Episode 14: The Compelled Speech Doctrine as a Limit on the Duty to Disclose Product Defects
GT Shareholder Mike McCarthy joins Adil Khan and Greg Nylen to discuss how the compelled speech doctrine limits the duty to disclose product defects in commercial speech cases.
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.
29 Jul 2024
Episode 12: FTC Enforcement and “Dark Patterns"
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.”
14 Dec 2023
Episode 11: ESG Statements: Managing the Risk of False Advertising Claims
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.
28 Jun 2023
Episode 10: Liability for Omissions
In this episode, we discuss whether omissions can provide a basis for a claim under the fraudulent prong of the UCL or the CLRA.
30 Sept 2022
Episode 09: Recent developments in the law regarding the arbitrability of claims under the UCL, FAL, CLRA and a favorite of the plaintiffs’ employment bar, California‘s Private Attorney General Act (PAGA)
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.
25 Feb 2022
Episode 08: Designing and Conducting Consumer Surveys for Use in False Advertising Cases
In this episode, our guest Dominique “Mike” Hanssens, professor of marketing at UCLA’s business school, discusses how to properly design, conduct and report on consumer surveys for cases involving unfair competition and deceptive advertising.
Here is the link to the Reference Guide on Survey Research by Shari Seidman Diamond: https://doi.org/10.17226/13163.
4 Jan 2022
Episode 07: Exploring the Lanham Act
In this episode, we discuss defense strategies for UCL and FAL claims based on law developed under the federal Lanham Act, and the relationship between those statutes.
11 Nov 2021
Episode 06: Framework of the Consumers Legal Remedies Act, Part 2
In this episode, we discuss the 24 enumerated “wrongs” under the CRLA and procedural quirks. We also discuss some new decisions.
20 Oct 2021
Episode 05: Framework of the Consumers Legal Remedies Act, Part 1
In this episode, we discuss the purpose and application of the CRLA, along with an overview of remedies. We also discuss some new decisions.
28 Jun 2021
Episode 04: Remedies Available Under the Unfair Competition Law, False Advertising Law and Consumers Legal Remedies Act
In this episode, our co-hosts discuss current law governing restitution under the UCL and FAL, and damages under the CLRA, along with issues related to injunctive relief, including McGill v. Citibank.
9 May 2021
Episode 03: Standing to Sue in State and Federal Court Under the Unfair Competition Law, False Advertising Law and Consumers Legal Remedies Act
In this episode, our co-hosts discuss current legal principles governing standing to sue in state and federal court, along with recent case developments regarding insurance coverage for attorneys’ fees in enforcement actions, the safe harbor defense and the availability of an Unfair Competition Law claim in a commercial context not involving direct competitors.
1 Apr 2021
Episode 02: A Look at Unfair and Fraudulent Conduct Under the Unfair Competition Law
In this episode, our co-hosts cover the current legal standards applicable to claims of unfair and fraudulent conduct under the Unfair Competition Law, along with recent case developments regarding safe harbor and preemption defenses.
22 Feb 2021
Episode 01: The Litigation Landscape And What Is “Unlawful” Conduct Under The Unfair Competition Law?
In this pilot episode, co-hosts Lisa Simonetti and Greg Nylen introduce the California Unfair Competition Defense Podcast and provide a framework for discussion of the Unfair Competition Law, the False Advertising Law and the Consumers Legal Remedies Act. They also drill down into claims of “unlawful” conduct under the Unfair Competition Law and strategic considerations for defense counsel.
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