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Litigation Minute: 2023 Year in Review and 2024 Look Ahead

What You Need To Know In A Minute Or Less - In 2023, we published 16 editions of our Litigation Minute newsletter, featuring emerging topics posing increasing and significant risks to companies. In a minute or less, here are...more

Litigation Minute: Ethylene Oxide—Could Your Company Be a Litigation Target? (Ethylene Oxide Series: Part Two of Four)

What You Need To Know In A Minute Or Less - Based largely on publicly available data from the U.S. Environmental Protection Agency (EPA), plaintiffs have been filing an increasing number of personal-injury and class-action...more

Litigation Minute: Has the Supreme Court Left ESG Class Actions a Leg to Stand On? (ESG in Litigation Series: Part Four of Eight)

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - One of the earliest modern environmental, social, and governance (ESG) cases decided by the Supreme Court, Massachusetts v. EPA (2007), turned on Article III standing....more

Litigation Minute: The "G": Governance Issues Keep the Board From Getting Bored (ESG in Litigation Series: Part Three of Eight)

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Class actions alleging the board of directors breached its fiduciary duties have become increasingly prevalent, as shareholders seek to hold companies liable for operations...more

Litigation Minute: The "S": Suits Based On What A Company Says And Does (ESG In Litigation Series: Part Two Of Eight)

Social factors, the “S” in “ESG,” consider how a business handles its relationships with suppliers, contractors, employees, and communities. These factors increasingly are becoming the target of class action plaintiffs’...more

Where's the Harm in Class Certification? The United States Supreme Court Confirms: It Must Be in Plaintiffs' Evidence

During the week of 21 June 2021, the United States Supreme Court issued two decisions that ultimately remove any doubt that class representatives must present class-wide evidence of harm at the class-certification stage,...more

Mass Arbitration, Más Problems: Class-Action Procedures May Guide Solutions to Issues in Mass Arbitrations

Arbitration provides a lower-cost alternative to litigation. Yet, a growing predicament continues to penetrate the conversation surrounding arbitration: mass arbitration. On the one hand, no rational customer or employee...more

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