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Posts Tagged ‘international class action’

Gonzalo Zeballos and I recently authored an article for Commercial Dispute Resolution Magazine’s “Expert Views” series entitled America’s Closing Doors.  The article examines recent U.S. Supreme Court decisions on extraterritorial jurisdiction of the federal courts, and the potential future role of the U.S. courts in international class action litigation.  Click the title above for a link to the article, and be sure to check out the other insightful expert views on international litigation issues that CDR has to offer, including several on developments in international class action law.

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I will be presenting on one of my favorite topics, developments in international class action litigation, at an upcoming webinar co-sponsored by The Knowledge Congress, BakerHostetler, and KCC.  Breaking Down Global Class Action Cases will be broadcast live on Thursday, August 22, 2013 from noon to 2:00 p.m. EDT.  We’ll be discussing the implications of the Supreme Court’s recent decisions in Kiobel and Morrison as well as trends in the development of class action law outside the U.S.  See below for more information. 

To sign up for free, courtesy of BakerHostetler, click this link.

Event Summary

Remaining up-to-date with the issues revolving around class actions and knowing the best practices is key to effectively defending clients and raising the bar.  Join us in this two-hour, live webcast as our panel of key thought leaders and practitioners discuss significant developments in global class action litigation with key updates on class action law.

Included in their discussions are the following:
•Overview of the Recent Global Class Action Cases
•Class Action Settlement Principles
•Impact of Class Action Law to Other Laws, such as: Privacy, Employment and Labor, Financial Services
•Best Practices and Latest Trends in Defending Class Action Litigation
•Up-to-the-minute Regulatory Update

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I just received a tip about an intriguing Stanford University symposium that should be of interest to any readers interested in international class and collective action litigation. See below for the details.

Please join us for the
Stanford Journal of Complex Litigation’s Inaugural Symposium:

“Lessons from the Chevron Ecuador Litigation”

Friday, February 8, 2013
8:30 am – 5:30 pm
Room 290
Reception to Follow

The ongoing litigation between Chevron and the people of Lago Agrio, Ecuador regarding environmental harms raises unprecedented transnational litigation issues. Twenty years after it was filed, the Chevron Ecuador litigation now spans three continents and concerns an $18 billion dollar judgment against Chevron—the largest award in an environmental suit to date. Having been characterized as everything from “a shakedown” to “a landmark victory,” this case raises important questions about the future of transnational litigation. There have been significant developments in this case in the past week, as noted by the popular press. MCLE credit available.

This symposium will bring together the actual lead attorneys litigating the case as well as leading scholars to discuss the ethics, financing, discovery, and enforcement implications of the Chevron Ecuador litigation for transnational litigation going forward. The full schedule will be available here.

60 Minutes: http://www.cbsnews.com/video/watch/?id=4988079n
New Yorker: http://www.newyorker.com/reporting/2012/01/09/120109fa_fact_keefe

Registration is free, but please RSVP.

Please contact Anuja Thatte (athatte@stanford.edu) for further information.

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Editor’s Note – This article, co-authored by my colleague Tina Amin, is a joint submission to CAB and the BakerHostetler Class Action Lawsuit Defense Blog.  Please visit our firm’s blog for more riveting class action-related content.

Today is Talk Like a Pirate Day, which is always a reminder of the Alien Tort statute (“ATS”), an arcane law that was originally enacted in 1789 in part to combat piracy.  In recent years, the ATS has been used as a tool for bringing class actions seeking to redress alleged international civil rights abuses arising out of a wide range of conduct including genocide, torture, slavery, apartheid, and environmental contamination.  In a recent ATS case, Kiobel v. Royal Dutch Petroleum, Case Nos. 06-4800-cv and 06-4876-cv, Nigerian plaintiffs alleged that the defendant company collaborated with the Nigerian government to commit extrajudicial killing, torture, crimes against humanity, and arbitrary arrest and detention.  In its September 17, 2010 decision, the Second Circuit became the first appellate court to reject the proposition that a corporation can be liable under the ATS for such alleged complicity.

On October 17, 2011, the Supreme Court originally accepted Kiobel, No. 10-1491, to address the issue whether a corporation can be liable under the ATS for alleged complicity in human rights abuses by a foreign government.  Oral argument in the Supreme Court was held on February 28, 2012.  A week later, the Court requested supplemental briefing on two related issues.  The first is on the broader issue of whether the U.S. courts have extra-territorial jurisdiction to adjudicate disputes about human rights abuses that occurred entirely outside U.S. borders.   The Court also asked “under what circumstances” the ATS “allows courts to recognize a cause of action” for extraterritorial violations.  The supplemental briefs were filed this summer.

Kiobel has broad potential implications for the future of international class actions in the U.S. courts.  The case is the second in the last three years to raise questions of extraterritorial application of U.S. federal law, along with the Morrison v. National Australia Bank, No. 08-1191, June 24, 2010, which limited the jurisdiction of the U.S. courts over certain international securities class actions.  To date, no federal appeals court has decided an ATS case based solely on an analysis of extraterritoriality, and the courts have assumed the extraterritorial reach of the law since it was resurrected from obscurity a few decades ago.  A ruling for the defendant in Kiobel could be a further sign of a trend closing the doors of the U.S. courts to international class actions and other international disputes.  If this occurs, expect to see additional developments in the area of collective multi-party procedure in other countries, as parties begin to seek redress elsewhere.

Oral argument in Kiobel is set for October 1, 2012.

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The wait is finally over!  World Class Actions is finally out in print, and the book is available for order via the Oxford University Press website.  For those of you who have been holding your breath in anticipation of the book’s release… well, you’ve probably long since passed away from asphyxiation.  For those who have not heard about the book, however, here’s a short summary.

Class action and other group litigation procedures are increasingly being adopted in jurisdictions throughout the world, as more countries deal with the realities of increased globalization and access to information. As a result, attorneys and their clients face the ever-expanding prospect of a class or group action outside their home jurisdictions.

World Class Actions: A Guide to Group and Representative Actions around the Globe is a guide for attorneys and their clients on the procedures available for class, group, and representative actions throughout the world. It helps lawyers navigate and develop strategies for litigation and risk management in the course of doing business abroad, or even in doing business locally in a way that impacts interests abroad.

Part I of the book provides a jurisdiction-by-jurisdiction survey of the class action, group, collective, derivative, and other representative action procedures available across the globe. Each chapter is written from a local perspective, by an attorney familiar with the laws, best practices, legal climate, and culture of the jurisdiction.

Part II provides guidance from the perspective of international attorneys practicing in foreign jurisdictions and the art of counseling and representing clients in international litigation. It also covers a variety of topics related to transnational, multi-jurisdictional, and class or collective actions that involve international issues and interests.

Each chapter offers practice tips and cultural insights helpful to an attorney or litigant facing a dispute in a particular part of the world. Many of the chapters introduce key books, treatises, articles, or other reference materials to foster further research. Its focus on international class and group litigation law from a practitioner’s perspective makes World Class Actions an essential guide for the lawyer or client.

Many thanks to the more than 50 authors from all over the world who contributed to the book.

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According to Deborah Mao in this article published today on businessweek.com, regulators for the city of Hong Kong has proposed new legislation that would permit representative actions for certain consumer class actions.  The legislation is reportedly a response, at least in part, to concerns about the difficulty of shareholders to seek collective redress for alleged acts of securities fraud, although the new law would not initial apply to securities fraud claims. 

The legislation would likely provide for class actions to be financed through a public legal aid program rather than through contingency fees, as is typically the case in the United States.  The proposal is still in the early stages, and specific legislation remains to be “drafted and introduced,” according to an official quoted in the article.

We’ll keep an eye on future developments relating to the proposed legislation.  Stay tuned…

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After 12 years of litigation, a trial court in Germany has finally reached a decision in a landmark case for group actions in European civil law jurisdictions.  The court decided that Deutsche Telekom did not make false or misleading statements of fact in a prospectus for a secondary stock offering in 2000. 

The case was the first of its kind under 2005 German legislation allowing for special model proceedings in mass actions for certain types of securities fraud, which had been enacted as a direct result of the thousands of individual lawsuits that had been filed against Deutsche Telekom for prospectus fraud after the stock dropped following the secondary offering.  The law that created the group action procedure under which the case was tried is known in English as the Capital Market Model Proceedings Act.  Passed in 2005, the Act allows for the trial court to assign a representative plaintiff in a model proceeding that is to be tried first while similar claims are suspended.  The purpose of the model proceeding is to resolve any generic or common issues for all of the cases, but unlike in a U.S. class action, the model proceeding does not have the legal effect of also resolving all of the individual claims.  As a result, although today’s ruling is a victory for the defendant, it does not represent an end to the litigation even if it is upheld on appeal.

This article from Karin Matussek in BusinessWeek summarizes the decision and its potential implications.  According to the article, the attorney for the model plaintiffs has stated that they do plan to appeal.

The case is a “model” proceeding for more than just the resolution of the claims against Deutsche Telekom.  It has been followed by many academics and policymakers in Europe and elsewhere as a test case for the viability of group proceedings in common law jurisdictions.  Time will tell whether the German experiment in group proceedings will be seen as a success.  Concerns that the introduction of group litigation procedures in Europe will usher in a US-style litigation culture will no doubt be tempered by the fact that the defendant ultimately prevailed.  On the other hand, the length of time that the it took for the model proceeding to be resolved raises legitimate questions about the long-term social utility and efficiency of the procedure.   By comparison, class action litigation brought in the United States alleging prospective liability by U.S. investors against Deutsche Telekom arising out of the same offering was settled for more than $120 million more than seven years ago, in 2005.

The German Capital Market Model Proceedings Act and the Deutsche Telekom case are among the many cutting-edge topics addressed in the book World Class Actions, which is still on schedule to be on bookshelves early this summer.  The German chapter is authored by Dr. Luidger Röckrath, attorney with the law firm Gleiss Lutz.  Stay tuned here for more updates on the status of of the book.

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