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November 9, 2020
On Thursday in the Central District of California, plaintiff Bruce Brouilette filed a class-action complaint against Vivid Seats LLC for failing to refund tickets he purchased for events through Vivid Seats and after the events were canceled because of the COVID-19 pandemic, the company allegedly refused to provide refunds for these purchased tickets.
Vivid Seats is “a secondary ticket marketplace that connects ticket sellers with ticket buyers. Sellers can post tickets for sale on Vivid Seats’ online platform, where buyers can view and purchase tickets. In exchange, Vivid Seats charges the buyer and seller a fee.” Additionally, the defendant allegedly heavily advertises its 100% Buyer Guarantee “designed to give you full peace-of-mind, safety, and security”; the guarantee is included in its “commercials in large text and through Defendant’s constant reminder on banners throughout its website that the consumer’s purchase comes w
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On November 9, 2020, Judge Jeffrey Miller of the Southern District of California certified a class of California citizens alleging that Kroger violated various California consumer protection laws by mislabeling its breadcrumbs. The court rejected Kroger’s numerous arguments against certification, including its assertion that the Plaintiff could not show typicality because of unique reliance issues.
Plaintiff Shavonda Hawkins purchased Kroger breadcrumbs about six times per year from 2000 to July 2015. According to the complaint, during much of that period the breadcrumbs were made with partially hydrogenated oil (“PHO”) an ingredient that contains trace levels of trans fat but were labeled on the front label as “0g Trans Fat” beginning in 2008. Plaintiff alleged violations of California’s False Advertising Law, Unfair Competition Law, and Consumer Legal Remedies Act, and she also asserted breach of warranty cl
This paper attempts to provide a definition and context for the term,
Environmental, Social and Governance (“ESG”), explain how and why it is used, demonstrate how investors are driving the proliferation of ESG reporting, illuminate how investor reliance on ESG information creates new risks for reporting companies, and suggest steps attorneys can take to help mitigate the risks. This paper also provides a short summary on some hot topics in the ESG world.
I. The Evolution of ESG Disclosures
A. What is ESG?
In basic terms, ESG is a collection of information about a company’s operations in three broad areas of activity: Environmental, Social and Governance. It is data-based as well as narrative, and typically static or backward-looking. Increasingly, ESG reporting is goal-oriented and aspirational. Oftentimes, ESG is used interchangeably with the term “sustainability.”