News & Analysis as of

Class Action Standard of Review

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
A&O Shearman

Delaware Court Of Chancery Holds That Corwin Cleansing Applies To Claims Related To Reduction Of Acquisition Price

A&O Shearman on

On June 21, 2024, Vice Chancellor Nathan A. Cook of the Delaware Court of Chancery granted a motion to dismiss a putative stockholder class action asserting breach of fiduciary duty claims against the officers and directors...more

Paul Hastings LLP

Delaware Court Imposes Price Bump Damages for Revlon Sales Process and Disclosure Violations

Paul Hastings LLP on

On March 15, 2023, Chancellor McCormick of the Court of Chancery in Delaware issued a post-trial opinion in a stockholder class action imposing liability upon a founder and CEO (“CEO”) for breaching Revlon sales process...more

Akin Gump Strauss Hauer & Feld LLP

Court of Appeal Defines Standard of Review for PAGA Settlements

On November 30, 2021, the California Court of Appeal (First District) issued its decision in Moniz v. Adecco USA, Inc., Case No. A159410, 2021 WL 5578298, which defines the standard for courts to apply when reviewing...more

Dechert LLP

Three Strikes and You’re in – Supreme Court to Hear Three ERISA Cases in Upcoming Term

Dechert LLP on

The upcoming term of the U.S. Supreme Court is shaping up to be a busy one with respect to cases arising under the Employee Retirement Income Security Act of 1974 (“ERISA”). There have been other terms with multiple ERISA...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2019 Insights: 2018-19 Supreme Court Update

Much of the attention on the U.S. Supreme Court in the 2018-19 term has concerned its composition or its handling of cases involving some of the signature initiatives of President Donald Trump’s administration. Less noticed...more

Mintz

Antitrust Case Against BCBS to Continue Under Per Se Standard

Mintz on

In a long-running antitrust case, the Eleventh Circuit recently denied defendant Blue Cross Blue Shield’s interlocutory appeal of the district court’s ruling that certain allegedly restrictive practices of defendants must be...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - May 2018

The PTAB Strategies and Insights newsletter is designed to increase return on investment for all stakeholders looking at the entire patent life cycle in a global portfolio. This month, we are please to introduce our new...more

Hogan Lovells

Delaware Chancery Court Extends Application of MFW Standard to Conflicted Stock Issuances

Hogan Lovells on

In a recent decision, the Delaware Court of Chancery granted a motion to dismiss a complaint asserting breach of fiduciary duty claims arising out of a stock issuance proposed by a controlling stockholder. IRA Trust f/b/o...more

A&O Shearman

Second Circuit Partially Vacates Class Certification, Holding That Whether Securities Transactions Are "Domestic" Raises...

A&O Shearman on

On July 7, 2017, in a decision making several significant rulings and clarifications, the United States Court of Appeals for the Second Circuit vacated in part an order certifying classes asserting claims under the Securities...more

Proskauer Rose LLP

Second Circuit Requires Increased Scrutiny of Securities Class Actions Involving Off-Exchange Transactions

Proskauer Rose LLP on

The Second Circuit held recently that putative securities class actions involving transactions in non-U.S.-listed foreign securities require careful scrutiny to determine whether the class members' claims can be litigated on...more

Moore & Van Allen PLLC

Defendant Companies Now Have the Right to Appeal North Carolina Class Certification Decisions Directly to NC Supreme Court

The North Carolina legislature recently passed H.B. 239, over Gubernatorial veto, which gives company defendants the right to appeal trial court decisions allowing class certification directly to the North Carolina Supreme...more

Proskauer - California Employment Law

California Employment Law Notes - March 2017

Victoria Zetwick, a county correctional officer, alleged that the county sheriff created a sexually hostile environment in violation of Title VII and the California Fair Employment and Housing Act by, among other things,...more

Sheppard Mullin Richter & Hampton LLP

New York Appellate Division Revives Non-Monetary Class Action Settlement in M&A Class Action with Revised Standard of Review

In Gordon v. Verizon Communications, Inc., No. 653084/13, 2017 WL 442871 (N.Y. App. Div. Feb. 2, 2017), the Appellate Division of the Supreme Court of the State of New York, First Judicial Department (the “First Department”),...more

Skadden, Arps, Slate, Meagher & Flom LLP

"New York Appellate Court Sets New Standard for Approving Nonmonetary and 'Disclosure-Only' Settlements"

It has become a common phenomenon for the announcement of a significant merger transaction to be quickly followed by shareholder class action or derivative litigation challenging the terms of the transaction and the accuracy...more

Patterson Belknap Webb & Tyler LLP

First Department Adds Two New Factors to New York’s Standard of Review for Non-Monetary Settlements of Shareholder Class Actions

On February 2, 2017, the Appellate Division, First Department issued a unanimous decision in Gordon v. Verizon Communications, Inc., No. 653084/13, 2017 BL 31251 (1st Dep’t Feb. 2, 2017) that may have significant consequences...more

Littler

With the Election (Mercifully) Behind Us, What Will a Trump Administration Mean for Employers?

Littler on

The 2016 Presidential election was arguably the most contentious, unpredictable, and politically polarizing race in this nation's history. The contours of the electoral map changed by the hour in the days leading up to...more

Manatt, Phelps & Phillips, LLP

Advertising Law - August 2016 #3

ANA, 4As Battle Over Transparency Guidance - Two industry groups are engaging in a public battle over transparency. The dispute began when a joint task force was formed between the American Association of...more

Bracewell LLP

New York Adopts Delaware Standard for Going-Private Transactions

Bracewell LLP on

On May 5, 2016, the New York Court of Appeals affirmed the dismissal of a shareholder class action and formally adopted the standard of review for going-private transactions articulated by the Delaware Supreme Court in Kahn...more

Rumberger | Kirk

Eleventh Circuit's Opinion Increases the Burden on Those Seeking Class Certification

Rumberger | Kirk on

Brown is a "defense favorable" opinion that should be heavily relied upon when challenging class actions. The Eleventh Circuit Court of Appeals recent opinion in Brown v. Electrolux Home Products, 2016 WL 1085517 (11th...more

Blank Rome LLP

Not Saved By The Bell: Dismissing Classes Prediscovery

Blank Rome LLP on

Two billion dollars. That is what the top legal counsel at nearly 350 companies spent on the defense of class actions in 2014. In addition to the cost of outside counsel, on average, companies dedicate six in-house...more

Katten Muchin Rosenman LLP

Seventh Circuit Addresses FLSA Class Certification Standards

The US Court of Appeals for the Seventh Circuit has held that the same standards governing Rule 23 class certification claims apply to wage-and-hour “collective action” claims brought under the Fair Labor Standards Act...more

Carlton Fields

Proposals For Settlement: How To Draft Ones That Will Stick And How To Deal With Them When They Land On Your Desk

Carlton Fields on

In This Presentation: - Offer of Judgment Statutes - 768.79 Offers - Rule 1.442 - What does an OJ include? - Shifting Defendant’s Fees - 768.79 Language - Shifting Plaintiff’s Fees - Subsequent Offers -...more

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