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Posts Tagged ‘Baker Hostetler’

The Baker Hostetler Privacy and Data Protection Team has published a comprehensive guide to the data privacy laws in countries around the world.  The International Compendium of Data Privacy Laws summarizes the civil, criminal, and regulatory data breach and other privacy laws of more than 40 countries.

 

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For those of you looking in-depth coverage of developments and trends in antitrust law, be sure to check out the new blog, The Antitrust Advocate, sponsored by the BakerHostetler Antitrust and Trade Regulation Team.  The Antitrust Advocate, “provides insights and commentary surrounding complex antitrust litigation and trade regulation.”  The blog offers practical tips for litigating antitrust class actions, as well as covering the latest in substantive antitrust and trade regulation law.

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The Baker Hostetler class action practice team issued a new Executive Alert today authored by Columbus Partner Mark Johnson entitled Fifth Circuit Restricts Cy Pres Doctrine in Class Action Settlements.  The alert discusses the Fifth Circuit’s recent decision in Klier v. Elf Atochem North America, Inc., restricting the use of the cy pres doctrine to distribute unclaimed class action settlement funds in the absence of express terms in the settlement agreement.

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Today’s edition of the Baker Hostetler Employment Class Actions Newsletter has two great articles worth noting.

My colleague here in Denver, Holli Hartman, authored an article summarizing developments in challenges to class arbitration waivers following the Court’s decision in AT&T Mobility LLC v. Concepcion.

Cleveland Partner Greg Mersol and Summer Associate George Skupski contributed an entry examining the application of Daubert standards to expert testimony at the class certification stage in light of the Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes.

Although I’m admittedly somewhat biased, I highly recommend both articles, as well as other employment class action-related news and commentary on the firm’s Employment Class Action Blog.

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The Baker Hostetler website has a new Executive Alert discussing the Seventh Circuit Court of Appeals’ decision in Kartman v. State Farm Mut. Automobile Ins. Co., Case no. 09-1725, 2011 U.S. App. LEXIS 2830, and its potential implications.  Kartman addressed, among other things, the applicability of Rule 23(b)(2) to consumer class actions in which the ultimate goal is to recover money for class members.  According to the Executive Alert:

This decision is significant in its rejection of the creative attempt to certify a class of consumer claims for injunctive relief, the analysis of the “finality” and “appropriateness” elements of Rule 23(b)(2) for which little authority exists, and the willingness to delve into the merits of the underlying claims to determine that class certification was not appropriate.

Congratulations to my partner, Mark Johnson, and the rest of his team in Columbus on their victory in the case on behalf of State Farm.

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With the help of Kevin O’Keefe’s LexBlog, Baker Hostetler’s employment group has come blazing into the world of 21st century social media with its new law blog, aptly named Employment Class Action Blog.

The quality entries submitted so far include case summaries, practice tips, legislative updates, and analysis covering a variety of employment class action-related topics.   If you want to keep abreast of developments in the unique area of employment class action law, I would recommend bookmarking http://www.employmentclassactionreport.com/

I have added a link to the Baker Hostetler Links list to the right of this page.

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While browsing the news today, I came across an informative class action-related snippet on www.lexology.com apparently authored by someone at my firm.  (I’m not sure specifically whom to credit for the tip, I just know it wasn’t me.)  The article summarizes a January 2010 decision authored by Seventh Circuit Court of Appeals Judge Richard Posner regarding the impact of a denial of class certification under the Class Action Fairness Act.  The case is Cunningham Charter Corp. v. Learjet, Inc., 592 F.3d 805 (7th Cir. 2010).  A full copy of the opinion is available courtesy of the good folks at the CAFA Law Blog.  Here’s a link to the Baker Hostetler article.

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Although not class action-related, I consider it newsworthy that my firm has decided to enter the 21st century by formally sponsoring a blog. See the excerpt and link  below to the firm’s full press release announcing the latest addition to the AmLaw 200 blogosphere.  Welcome to China-U.S. Trade Law!

Baker Hostetler’s International Trade Practice, led by Dr. Elliot J. Feldman has launched the “China-U.S. Trade Law” blog which will feature developments in U.S. international trade law, with a focus on issues of particular concern to Chinese producers, exporters and government officials.

http://www.bakerlaw.com/baker-hostetler-launches-china-us-trade-law-blog-08-10-2009/

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Baker Hostetler’s Employment and Labor Group issued an Executive Alert today on the Ninth Circuit Court of Appeals’ wage and hour decision in Sullivan et al. v. Oracle Corporation, (case no. 06-56649), where the court found that California state overtime rules apply to non-residents who perform work in California.  The group has this to say about the potential impacts of the decision on employers:

  • If an employee performs work in California, the overtime provisions of the California Labor Code apply to that employee, regardless of the employee’s state of domicile.
  • In light of this holding, it is likely that a non-resident employee who works in California is also subject to the California Labor Code regarding meal periods, rest periods, leave, termination, vacation pay and all other employment matters.

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Yesterday, the California Court of Appeal issued an important class certification opinion in a wage and hour case, Brinker Restaurant Corp. v. Superior Court (2008 WL 2806613).  This decision was highlighted in an entry yesterday on The Complex Litigator (see yesterday’s CABWR).

The Baker Hostetler Employment and Labor Practice Team has issued an Executive Alert summarizing the decision and its possible implications for employers.  Here is an excerpt:

Employers should pay particular attention to their existing company policy on meal and rest periods and whether there is a policy discouraging off-the-clock work and time-shaving procedures. Employers also should be aware that this decision may be appealed to the California Supreme Court.

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