One issue that can impede class certification in data breach class action litigation is the inability to calculate damages on a classwide basis. When there is a large data breach, only a fraction of those in the class are...more
Companies with independent contractors in Seattle need to take immediate action to comply with a new law passed by the Seattle City Council. The Independent Contractor Protections Ordinance, codified at SMC 14.34, took effect...more
For years, employers have insisted that confidentiality and nondisparagement agreements be included in settlement agreements in a variety of employment disputes, such as discrimination, harassment, wage and hour, and...more
Beginning on Jan. 1, 2020, companies that collect personal information of California residents need to be prepared to prevent and defend against potentially catastrophic litigation if such personal information becomes...more
In a 5-4 decision written by Justice Clarence Thomas, and in which Justices Ginsburg, Breyer, Sotomayor and Kagan joined, the U.S. Supreme Court recently held that third-party defendants in state court actions cannot remove...more
6/5/2019
/ CAFA ,
Class Action ,
Co-Defendants ,
Counterclaims ,
Federal Rules of Civil Procedure ,
General Removal Provisions ,
Home Depot USA Inc v Jackson ,
Jurisdiction ,
Remand ,
Removal ,
SCOTUS ,
Third-Party
Washington state employers that rely on noncompetition agreements will face a dramatically different legal landscape beginning Jan. 1, 2020, when a new noncompetition law takes effect....more
In this era where there appears to be a new data security incident announced each month, there is surprisingly little class certification jurisprudence for data security class actions. ...more
We are pleased to share BakerHostetler’s 2017 Class Action Review, which offers a summary of key class action litigation developments during the past year.
This comprehensive analysis of last year’s developments in class...more
5/23/2018
/ Arbitration Agreements ,
Article III ,
Ascertainable Class ,
Class Action ,
Class Action Arbitration Waivers ,
Class Certification ,
FRCP 23 ,
Mootness ,
Offer of Judgment ,
Settlement Offer ,
Standing ,
Statutory Violations
We’ve noted several times in this blog the difficulties parties may face when trying to obtain court approval for a settlement they have reached. Recognizing many of these issues, new amendments to Federal Rule of Civil...more
Proposed amendments to the class action settlement process in Federal Rule of Civil Procedure 23(e) are scheduled to take effect on Dec. 1, 2018. One of the proposed amendments requires that “[t]he parties must provide the...more
We are pleased to share BakerHostetler’s 2016 Class Action Year-End Review, which offers a summary of key developments in class action litigation during the past year. Class action litigation moved to the forefront of the...more
3/31/2017
/ Arbitration Agreements ,
Article III ,
Ascertainable Class ,
Class Action ,
Class Action Arbitration Waivers ,
Class Certification ,
Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Due Process ,
Fair Labor Standards Act (FLSA) ,
Federal Arbitration Act ,
FRCP 23 ,
Popular ,
SCOTUS ,
Standing ,
Tyson Foods v Bouaphakeo ,
Young Lawyers
Finally, the end is in sight. After motions to dismiss, discovery, hearings, a highly contested motion for class certification and mediation, the parties have reached a class settlement. The parties are relieved to end the...more
As we have previously discussed on the blog, President Obama signed the Defend Trade Secrets Act (DTSA) into law on May 11, 2016. Fortunately, while the law has many new components that businesses need to consider, parts of...more