As we start 2017, uncertainty abounds. Donald J. Trump’s ascension to the Presidency and populist movements in Europe and Britain are set to upend global norms and challenge the status quo. Serious questions are being raised about an array of issues with the potential for widespread impact on business and legal regimes in the U.S. and around the world. Class action litigation is not immune to these changes: in early February, Republicans on the House Judiciary Committee voted to introduce the Fairness in Class Action Litigation Act of 2017, which, if passed, may lead to very significant legislative changes to U.S. class actions.
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