Andrew Pincus

Andrew Pincus

Mayer Brown - Class Defense Blog

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Plaintiffs’ Lawyers Try to Spin Spokeo

A peculiar thing happened after the Supreme Court announced its decision in Spokeo, Inc. v. Robins on Monday. Even though the Court ruled in favor of Spokeo—vacating the Ninth Circuit’s ruling that the plaintiff had...more

5/19/2016 - Article III Class Action Class Certification FCRA Injury-in-Fact SCOTUS Spokeo v Robins Standing Statutory Damages

Supreme Court Holds in Spokeo that Plaintiffs Must Show “Real” Harm to Have Standing to Sue for Statutory Damages

The Supreme Court today issued its decision in Spokeo, Inc. v. Robins, a closely-watched case presenting the question whether Article III’s “injury-in-fact” requirement for standing to sue in federal court may be satisfied by...more

5/17/2016 - Article III Clapper v. Amnesty International Class Action FCRA Injury-in-Fact SCOTUS Spokeo v Robins Standing

The CFPB’s Proposed Anti-Arbitration Rule

The rule just proposed by the Consumer Financial Protection Bureau to regulate arbitration agreements is not a surprise: the Bureau has said for months that it was developing such a rule. This post examines the details...more

5/13/2016 - Arbitration Arbitration Agreements AT&T Mobility v Concepcion CFPB Class Action Class Action Arbitration Waivers Consumer Contracts Consumer Financial Products Dodd-Frank Financial Sector Financial Services Industry Service Contracts

What does Tyson Foods, Inc. v. Bouaphakeo mean for class actions?

The class action plaintiffs’ bar celebrated yesterday’s Supreme Court’s decision in Tyson Foods, Inc. v. Bouaphakeo (pdf), rejecting Tyson’s challenge to class certification. One lawyer called it “a huge David v. Goliath...more

3/24/2016 - Admissible Evidence Calculation of Damages Class Action Class Certification Corporate Counsel Doffing Donning FLSA Predominance Requirement Rule 23(b)(3) SCOTUS Statistical Sampling Tyson Foods v Bouaphakeo Unpaid Overtime Wage and Hour

Supreme Court Holds that Federal Arbitration Act Preempts California Court’s Interpretation of Arbitration Clause

[unable to retrieve full-text content]In AT&T Mobility LLC v. Concepcion, the Supreme Court held that the Federal Arbitration Act (“FAA”) preempts state-law rules barring enforcement of an arbitration agreement if the...more

12/16/2015 - Arbitration Agreements AT&T Mobility v Concepcion Class Action Arbitration Waivers Corporate Counsel DirectTV Federal Arbitration Act SCOTUS

U.S. Supreme Court Agrees To Hear Spokeo, Inc. v. Robins And Decide Whether Plaintiffs Who Have Suffered No Concrete Harm...

Under Article III of the U.S. Constitution, a plaintiff must allege that he or she has suffered an “injury-in-fact” to establish standing to sue in federal court....more

4/28/2015 - FCRA Injury-in-Fact Putative Class Actions SCOTUS Spokeo v Robins Standing

Supreme Court Grants Certiorari To Address Interplay of Federal Arbitration Act And State-Law Savings Clause In Arbitration...

As readers of this blog know, prior to the Supreme Court’s decision in AT&T Mobility LLC v. Concepcion, the California Supreme Court (and a number of other state courts) had declared that waivers of class-wide arbitration...more

3/24/2015 - Arbitration AT&T Mobility v Concepcion Certiorari Class Action Class Action Arbitration Waivers Federal Arbitration Act SCOTUS

Why The Supreme Court’s Decision in Halliburton Is Bad News For Investors And The Public

Yesterday’s Supreme Court ruling in the Halliburton case leaves the securities class action system pretty much unchanged. And that isn’t because the Supreme Court examined the system and concluded it is working well and makes...more

6/25/2014 - Basic v Levinson Class Certification Corporate Counsel Fraud Fraud-on-the-Market Halliburton Halliburton v Erica P. John Fund Popular Presumption of Reliance SCOTUS Securities Fraud

Reading The Halliburton Argument’s Tea Leaves

Does today’s oral argument before the Supreme Court in the Halliburton case provide any clues regarding the Court’s likely decision? (For background regarding the case, see yesterday’s post.)...more

3/6/2014 - Arbitration Arbitration Agreements AT&T Mobility v Concepcion Comcast Comcast v. Behrend Halliburton Halliburton v Erica P. John Fund SCOTUS

Does Precedent Or Congressional Action Prevent The Supreme Court From Reconsidering The Fraud-On-The Market Doctrine In...

The Supreme Court will grapple with private securities class actions when it hears oral argument tomorrow in Halliburton v. Erica P. John Fund, Inc. The principal question in the case is the continuing validity of the...more

3/5/2014 - Fraud Fraud-on-the-Market Halliburton Halliburton v Erica P. John Fund SCOTUS Section 10(b) Securities Exchange Act

“Preliminary Results” Of The Consumer Financial Protection Bureau’s Ongoing Study Of Arbitration Reveal Much More Work To Do -...

Before the Consumer Financial Protection Bureau may regulate or prohibit the use of arbitration agreements by the businesses it oversees, the Bureau must first conduct a study of arbitration agreements entered into “in...more

12/17/2013 - Arbitration Arbitration Agreements CFPB

CFPB Has Much More Work To Do On Arbitration Study

The day after we released our study of class action litigation, the Consumer Financial Protection Bureau issued some preliminary results in connection with its study of arbitration under the Dodd-Frank Act. (That statute...more

12/17/2013 - Arbitration Arbitration Agreements CFPB Dodd-Frank

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