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A New Theory Of Liability In Calif.

Law360 (April 25, 2011, 3:16 PM EDT) -- Plaintiffs asserting claims under California’s Unfair Competition Law (UCL)[1] and False Advertising Law (FAL)[2] often rely on a theory of nondisclosure: the defendant was aware of material information, the defendant failed to disclose that material information and this caused injury to the plaintiffs.

Typically, these claims are based on the allegation that the defendant failed to disclose internal documents that were not available to plaintiffs or the general public.

Recently, plaintiffs have offered a new theory of UCL/FAL liability — the defendant’s alleged failure to disclose...
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