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Archive for the ‘Articles’ Category

New CADS Article: Class Actions 101: Does the Fairness in Class Action Litigation Act of 2017 Spell Doom for Class Actions as We Know Them?

Posted in Articles, class action reform, tagged , , , , , on May 10, 2017| Leave a Comment »

I recently authored an article for the ABA Class Actions and Derivative Suits Committee’s quarterly newsletter discussing the features and potential implications of the proposed Fairness in Class Action Litigation Act of 2017, which was passed by the US House of Representatives earlier this year.  To access the article, click the link below.  You need to be a member of the ABA CADS committee to access the content, but membership is free for existing ABA Section of Litigation members.  To join, click here.

http://www.americanbar.org/publications/litigation-committees/class-actions/articles/2017/spring2017-does-the-class-action-litigation-act-2017-spell-doom-for-class-actions-as-we-know-them.html

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Consumer Class Action Prosecution and Defense: Checklists for the First 10 Days

Posted in Articles, Practice Tips, tagged , , , on November 9, 2016| Leave a Comment »

I recently authored a practice tip for the ABA Consumer Litigation Committee website entitled Consumer Class Action Defense: A Checklist for the First 10 Days, highlighting some key things that class action defense counsel should do or consider within the first 10 days after a class action is filed.  Audra Petrolle of The Rose Law Group in Phoenix authored a complementary practice tip for plaintiffs’ attorneys.  Click the links below to see both practice tips.

http://www.americanbar.org/publications/litigation-committees/consumer/practice/2016/consumer-class-action-defense-a-checklist-for-the-first-10-days.html

http://www.americanbar.org/publications/litigation-committees/consumer/practice/2016/consumer-class-action-prosecution-a-checklist-for-the-first-10-days.html

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PWC Study Highlights Trends in Daubert Challenges to Financial Experts, Including at the Class Certification Stage

Posted in Articles, Daubert-Experts, Securities Class Actions, tagged , , , , , , , , , on June 14, 2016| Leave a Comment »

Price Waterhouse Coopers recently published an interesting study entitled Daubert challenges to financial experts, a yearly study of trends and outcomes, 2000–2015 (click the link to download a copy).

The study includes citations to recent opinions on the subject, along with practical insights from attorneys, including yours truly.  It concludes with a variety of useful statistics on the outcomes of Daubert challenges to financial experts, including the types of cases in which the change is made, the types of experts excluded, the jurisdictions in which exclusion rates are higher or lower, and the reasons for exclusion, among other things.  The study includes information on Daubert challenges in the class certification context that will no doubt prove useful in dealing with other types of experts as well as financial experts.  Be sure to check it out!

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A New Civil Procedure Code in Brazil Brings New Mechanisms for Resolving Common Legal Questions

Posted in Articles, International Class Action Law, tagged , , , , , , , , , , , , , on April 5, 2016| Leave a Comment »

A new civil procedure code has come into force in Brazil, and Larissa Clare Pochmann da Silva, Law Professor at Candido Mendes University and long-time friend to ClassActionBlawg.com, has prepared a summary of some of the new procedures that could impact multi-party and collective proceedings in that country.  Co-authored by Aluisio Gonçalves de Castro Mendes, Professor of Complex Litigation and Civil Procedure at Rio de Janeiro State University, the article is entitled Incident of Resolution of Repetitive Demands (IRDR) and Repetitive Appeals in the New Brazilian Civil Procedure Code.  Click the following link to download the article: Repetitive Pleas in the Brazilian New Civil Procedure Code.

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Independent Contractor Misclassification: 2016 Legal Analysis, a White Paper by Todd Lebowitz

Posted in Articles, Employment Class Actions, tagged , , , , , on January 6, 2016| Leave a Comment »

A key trend in employment-related class actions these days is a surge in lawsuits alleging that employers have violated wage and hour or employee benefits laws by misclassifying employees as independent contractors.  BakerHostetler Partner Todd Lebowitz has authored an excellent white paper on the subject, titled Independent Contractor Misclassification, 2016 Legal Analysis.  The paper details the analytical framework by which a particular worker is properly classified as employee or independent contractor and discusses the potential legal and regulatory implications arising from an employer’s misclassification of workers.  To download the paper, CLICK HERE.

 

 

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Data Privacy Monitor Article: 5 Big Developments in Privacy Class Actions in 2015, and 3 to Look for in 2016

Posted in Articles, Data Privacy Class Actions, tagged , , , , , , , on January 4, 2016| Leave a Comment »

I authored a recent article on developments in data privacy class actions, which was published late last week as part of a year-in-review series on BakerHostetler’s Data Privacy Monitor.  For my article, titled 5 Big Developments in Privacy Class Actions in 2015, and 3 to Look for in 2016 and for other great content on data privacy issues, including class action developments, be sure to check out www.dataprivacymonitor.com.

 

 

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Frankel: If Past Is Prelude, SCOTUS Will Just Tinker in this Term’s Class Action Cases

Posted in Articles, Class Action Decisions, Supreme Court Decisions, tagged , , , , , , , , , , , on November 18, 2015| Leave a Comment »

Thomson Reuters contributor Alison Frankel interviewed me for an article she posted today on the class action cases pending during the current Supreme Court term.  Here is a link to her article.  For those who are not familiar with Frankel’s On the Case Blog, be sure to add it to your regular reading list.  She is one of the best in the business.

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