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.
Posts Tagged ‘class action defense’
Posted in Class Action Trends, Other class action blogs, tagged class action, class action defense, class action insurance, consumer class action, cyber liability, cyber risk, data privacy, e&o insurance, insurance policy, selby on May 10, 2013| Leave a Comment »
An article posted by my colleagues Judy Selby and Zack Rosenberg in the BakerHostetler Class Action Lawsuit Defense Blog raises some important issues for any company that could find itself the target of a class action lawsuit. With the proliferation of data privacy and other consumer class actions, that’s just about any company these days. The article, titled Courts Are Liberally Construing Litigation Insurance Coverage for Class Action Defenses and So Should Defendants, addresses the important issue of liability insurance covering class action lawsuits.
I’m often surprised in speaking with in-house attorneys and risk management personnel that they are unaware of the extent to which their current insurance coverage might protect them if they were ever sued in a class action, and that they have not considered certain types of specialty lines insurance, such as cyber risk insurance, that might protect them from potentially catastrophic liability and defense costs arising out of a class action. This is an especially important consideration for companies in industries that aren’t frequently targeted in class actions, because those companies may not think about the benefits of insurance protection until it’s too late.
I was nearly distraught when I recently misplaced my only copy of The Class Action Playbook by Brian Anderson and Andrew Trask (Oxford University Press 2010). Not only was the book a handy guide to just about every issue one might face in a class action, but it is also an accessible introduction to class action practice that has saved me hours of having to explain difficult concepts to new associates (I suspect that one of these associates is hoarding my lost copy, but alas, I have no solid proof). Thankfully, Anderson and Trask have released the Second Edition of the book, which now is available at the OUP website. So, not only do I have my quintessential guide to defending class actions back, it’s up to date with the latest trends and authorities. Just in time!