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US Supreme Court Will Not Weigh In on Class Certification, Representative Evidence Questions

The US Supreme Court denied a certiorari petition seeking to resolve circuit court splits relevant to the litigation of class action matters, including if and when class certification is appropriate where a significant...more

The Future of SPACs: Increasing Litigation and Regulation

So far in 2021, we have seen more than 500 Special Purpose Acquisition Companies (SPACs) go public and raise more than $123 billion, and more than 160 of these “blank check firms” complete mergers with or acquisitions of...more

US Supreme Court Holds No Class Arbitration Absent Express Consent: Four Things to Know

The US Supreme Court’s recent decision in Lamps Plus means that parties with arbitration agreements governed by the Federal Arbitration Act may now compel arbitration without worrying that the court will order class...more

Supreme Court Boots Cy Pres Settlement for Lack of Standing Analysis Under Spokeo: Four Things to Know

In a recent per curiam decision, the US Supreme Court forcefully held that even where parties agree to settle a putative class action seeking statutory penalties, the named plaintiff must satisfy Spokeo’s injury-in-fact...more

Supreme Court: Dismissal Tactic to Appeal Class Certification Denial Is Invalid

In a much-anticipated decision, the US Supreme Court held in an 8-0 vote that plaintiffs cannot confer upon themselves a right to appeal class action denials simply by dismissing actions following the denial of class...more

Spokeo: On the One-Year Anniversary of the Pivotal Case, Insights for Retailers

Dear Retail Clients and Friends, Many of you are likely familiar with the US Supreme Court’s decision in Spokeo, Inc. v. Robins. On the one-year anniversary of Spokeo, data shows that retailers’ chances of success in...more

Supreme Court Issues Closely Watched Article III Standing Decision

The Court holds that allegation of a statutory violation is not solely sufficient to satisfy the “concrete harm” requirement for purposes of Article III standing in federal court....more

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