Kent Schmidt (CA) and Sarah Robertson (NY) will present on some of the new and continuing types of consumer protection lawsuits being filed, particularly in New York and California against companies that sell products or services to consumers. California and New York are infamously plaintiff-friendly jurisdictions with proactive consumer class action bars and a variety of statutes and regulations that provide fertile ground for these types of lawsuits. Many of these consumer claims involve statements relating to a product or service. Other claims relate to fairly common business practices that consumer class action lawyers contend are deceptive or otherwise harm consumers. The presentation will cover various prophylactic strategies that can be used to avoid these particular litigation risks. Topics covered include:

  • Why New York and California are the two most active jurisdictions for consumer litigation, including class actions.
  • How a five-point analysis can be used to identify the greatest risks of consumer litigation claims.
  • How companies can limit liability through effective disclaimers of warranties and liquidated damages clauses.
  • Why consumer class actions for deceptive advertising continue to represent significant risks to companies advertising, selling and distributing products.
  • How federal statutes and regulations interrelate with state law consumer protection remedies.
  • Understanding how effective use of class action waivers and arbitration clauses.
  • Avoiding claims relating to use of data and violation of consumer privacy protections.
  • How California “Prop 65” claims continue to require companies around the world to test their products for toxic exposures from certain chemicals.

Kent J. Schmidt, Partner, Dorsey & Whitney
Sarah Robertson, Partner, Dorsey & Whitney


Breakfast and Networking
8:30 am - 9:00 am ET 
9:00 am - 10:00 am ET

If you have questions, please contact Alessandra Composto at (212) 415-9203 or via e-mail.