Justin Kontul

Justin Kontul

Reed Smith

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U.S. Supreme Court Rules Unaccepted Offer of Judgment Does Not Moot Class Claims

The United States Supreme Court further removed a valuable tool from class action defendants’ arsenals January 20, 2016, ruling 6-3 that a class action cannot be mooted by an offer of judgment conferring full relief to an...more

1/25/2016 - Campbell Ewald v Gomez Class Action Class Representatives Genesis Healthcare Corp. v. Symczyk Governmental Immunity Mootness Rule 68 SCOTUS Settlement Offer TCPA

Court Rules Target Data Breach Internal Investigation Documents Largely Protected by Attorney-Client Privilege/Work Product...

The Minnesota magistrate judge presiding over discovery in the litigation seeking to hold Target Corp. liable for the retailer’s 2013 data breach issued an order denying the motion by a plaintiff class of about 9,000 banks to...more

11/9/2015 - Attorney-Client Privilege Data Breach Internal Investigations Target Work Product Privilege

Supreme Court Clarifies Class Action Fairness Act’s Removal Requirement: 'Liberal Rules' Do Not Require Evidence of Amount in...

Class action defendants need not include evidence regarding the amount in controversy when removing a case to federal court under the Class Action Fairness Act (“CAFA”), thanks to the United States Supreme Court’s decision in...more

12/17/2014 - Amount in Controversy CAFA Class Action Dart Cherokee Basin Operating Co. v. Owens Diversity Jurisdiction Federal Jurisdiction Jurisdiction Removal SCOTUS

Delaware Court of Chancery Clarifies Contours of Attorney-Client Privilege

In two recent opinions, the Delaware Court of Chancery clarified the parameters and application of certain aspects of the attorney-client privilege under Delaware law. On November 15, 2013, the court decided Great Hill Equity...more

1/13/2014 - Attorney-Client Privilege Confidential Information Mergers

Using Pennsylvania Law to Defend the Heinz Merger with Berkshire Hathaway and 3G Capital

Over the past several years, shareholder litigation challenging mergers and acquisitions has become a virtual certainty in any sizeable deal. A recent decision from a state court in Pittsburgh illustrates how Pennsylvania law...more

6/5/2013 - Berkshire Hathaway Business Judgment Rule Corporate Governance Derivative Suit Fiduciary Duty Heinz Motion to Dismiss Shareholder Litigation

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