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Ninth Circuit Holds California Can’t Double-Dip By Seeking Restitution for Citizens Bound By Class Settlement

In the wake of a nationwide class action settlement of litigation against a manufacturer of a test claimed to accurately predict the gender of a fetus, the State of California (“State”) brought an enforcement action against...more

12/8/2014 - Anti-Injunction Act CAFA Class Action Drug Manufacturers Enforcement Actions Manufacturers Privity of Contract Restitution Settlement

Magistrate Permits Defendants to Depose 196 Absent Class Members

In a class action involving claims of uncompensated, pre-shift off-the-clock work, a California federal magistrate denied plaintiffs’ motion for a protective order to prevent defendants from taking 196 depositions of absent...more

10/31/2014 - Class Action Discovery Employer Liability Issues Unpaid Overtime Wage and Hour

District Court Certifies TCPA Class Over Objections to Adequacy of Named Plaintiff and Individualized Issues of Consent

A New York federal district court, after holding an evidentiary hearing, certified a class for alleged violations of the Telephone Consumer Protection Act (“TCPA”). Plaintiff alleged that the defendant, a collection agency,...more

10/3/2014 - Cell Phones Class Action Consent Do Not Call List Spam TCPA Telemarketing

Recognition of Foreign Judgments in the United States

Every year, thousands of foreign court judgments are brought to U.S. federal and state courts for recognition and enforcement, raising thorny issues for both U.S. and foreign lawyers seeking to obtain, or oppose, recognition....more

7/1/2014 - Commercial Bankruptcy Cross-Border Debtors Enforcement Foreign Corporations Foreign Judgments Judgment Creditors Reciprocal Enforcement

Federal Court Addresses American Pipe Tolling, Finding Statute of Limitations on Class Claims Accrued Upon Forum Non Conveniens...

A Delaware federal district court granted defendants’ motion to dismiss plaintiffs’ claims on statute of limitations grounds, rejecting plaintiffs’ argument that the claims had been tolled under the principles of...more

6/17/2014 - Forum Non Conveniens FSIA Jurisdiction Putative Class Actions Tolling

California District Court Finds Commonality Lacking Under Dukes Analysis; Denies Certification

The U.S. District Court for the Northern District of California denied certification in a false advertising case brought under California’s False Advertising Law (FAL), Consumers Legal Remedies Act (CLRA) and the Unfair...more

4/29/2014 - Advertising Class Action Class Certification CLRA Commonality Dukes v Wal-Mart False Advertising Unfair Competition

What Happens In Ecuador Does Not Stay In Ecuador

In last week’s decision in Chevron v. Donziger, the court enjoined the enforcement of a $9.5 billion Ecuadorian judgment against Chevron Corp. for environmental pollution, alleged to have been caused by its predecessor,...more

3/13/2014 - Bribery Chevron Corruption FCPA Fraud Racketeering Remediation RICO Tribunals

Recognition Of Foreign Country Judgments In The United States: A Primer

Transnational litigation is an expanding field, fueled by globalization, cross-border transactions and the pervasive movement of assets across national borders. As a consequence, the issue of recognition and enforcement of...more

3/6/2014 - Foreign Judgments Foreign Jurisdictions

AAA/ICDR Adopts New Optional Appellate Arbitration Rules

In a move that is bound to revolutionize both domestic and international arbitration, the American Arbitration Association ("AAA"), including its international arm, the International Centre for Dispute Resolution ("ICDR"),...more

11/7/2013 - Arbitration International Arbitration

Contrasting U.S. Litigation And International Arbitration

American litigators know that there is often a tortuous road between the filing of the complaint and trial. The parties’ positions, and how each side views the facts, tend to evolve through the initial pleadings, amended...more

10/17/2013 - Discovery Evidence International Arbitration Pleadings Trials

Strategies In Class Action Engagement: Complimentary Roles Of Inside And Outside Counsel

This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. Inside and outside counsel should have different but complimentary roles in...more

10/14/2013 - Class Action Class Certification Corporate Counsel Litigation Strategies Outside Counsel

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