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Class Action Dispute Resolution

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.
Bradley Arant Boult Cummings LLP

I Need to Sue My Longtime Business Partner(s): What Pitfalls Should I Consider Before Filing Suit

As a business trial lawyer representing private company owners and investors in business divorce disputes and civil litigation for many years, my experience teaches that business partners should approach litigation with...more

Mayer Brown

JAMS Adopts New Mass Arbitration Rules and Fee Schedules

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For businesses that use consumer and workplace arbitration agreements designating JAMS as their arbitration administrator, there is an important new development: JAMS has announced new Mass Arbitration Procedures and...more

K&L Gates LLP

Sephora Prevails in Consumer Challenge of "Clean at Sephora" Claims

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On 15 March, a New York federal court rendered a big win, not just for Sephora, but for personal care brands and retailers that want to make “clean” claims. As the personal care industry has increasingly embraced the term...more

ArentFox Schiff

Class Action Year in Review: Wiretapping Update From Class Action to Mass Arbitration

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In 2023, we saw the continued proliferation of class action lawsuits filed by “consumer watchdog” plaintiffs under state wiretapping laws, particularly the California Invasion of Privacy Act (CIPA), against website operators...more

Kohrman Jackson & Krantz LLP

Mass Arbitration as a Tennis Match: No Love Here

For the past few years, following the machinations of mass arbitrations has been like watching a tennis match. First one side hits a volley, then another returns, and on-and-on with the opposing sides continually stuck in...more

Lowenstein Sandler LLP

Mass Arbitrations: Who Pays? Part I

Lowenstein Sandler LLP on

Host Lynda A. Bennett is joined by Freda L. Wolfson, former Chief Judge of the United States District Court for the District of New Jersey and Chair of Lowenstein's Alternative Dispute Resolution group; Michael A. Kaplan,...more

Alston & Bird

Class Action & MDL Roundup 2023 Q3 - Catching the Class Action Waive(r)

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Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the third quarter of 2023. In this edition, a mistake is just a mistake, “99.99%” isn’t 100% clear, and faxes aren’t always...more

Skadden, Arps, Slate, Meagher & Flom LLP

Investment Treaty Arbitration in India: Perspectives of the State and Indian Investor

Bilateral investment treaties (“BITs”) are agreements between countries that attempt to provide protections to investors from one state investing in the other (the “host state”). India’s experience with BITs and investor...more

White & Case LLP

Drafting Settlement Agreements with Enforcement in Mind

White & Case LLP on

There are currently a significant number of unresolved claims in Qatar as a result of the construction activities that took place in the lead-up to the FIFA World Cup, including due to the minimum wage increase,...more

A&O Shearman

Representative Actions for Redress: A New Option Since 13 October 2023

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The redress action allows consumer associations to collectively sue companies for performance claims of consumers. The law has entered into force on 13 October 2023....more

Bradley Arant Boult Cummings LLP

When Is a Waiver of the Right to Arbitrate a Waiver?

Arbitration continues to be a growing preference for dispute resolution. Mandatory arbitration provisions are found in a variety of commercial contracts, especially in consumer agreements. In fact, it has been reported in a...more

Perkins Coie

Supreme Court Requires Stay Pending Appeal of Arbitration Denial

Perkins Coie on

On June 23, the U.S. Supreme Court held that federal district courts must stay all proceedings pending appellate review of an order denying a motion to compel arbitration. Coinbase, Inc. v. Bielski, 599 U.S. ___, 2023 WL...more

JAMS

Dispute Resolution Planning for Startups in the New Age of Generative AI

JAMS on

At the time of this writing, generative artificial intelligence (AI) is taking the world by storm, and legal issues abound. Artists are suing AI art-generating companies for copyright infringement. Getty Images is suing for...more

Keating Muething & Klekamp PLL

Benefits Monthly Minute - May 2023

The May Monthly Minute examines a recent Seventh Circuit decision upholding unambiguous plan language against class action attack, the status of the federal IDR process under the No Surprises Act, and the DOL’s recent...more

K&L Gates LLP

Litigation Minute: Pennsylvania and Florida Emerge as Fertile Ground for Session Replay Litigation (Session Replay Series: Part...

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What You Need to Know in a Minute or Less - While session replay class-actions are not new, a recent change in law has triggered a surge of lawsuits in Pennsylvania. The claims raise significant questions about the scope of...more

Spilman Thomas & Battle, PLLC

Plaintiffs Pursuing Increased Class Action Claims for Overdraft Fees and Charges Against Customers

With plaintiff attorneys seeing potential large dollar settlements and verdicts, along with increased regulatory scrutiny, banks need to review their overdraft practices. As noted by the American Bankers Association, banks...more

K&L Gates LLP

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

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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

K&L Gates LLP

Will Group Costs Orders "Anchor" Class Actions in Victoria?

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INTRODUCTION - The Victorian Supreme Court is fast becoming the jurisdiction of choice for class actions. This is because on 1 July 2020 the Victorian Supreme Court was given power to make orders permitting a law firm to be...more

K&L Gates LLP

Litigation Minute: Protect Your Company Against Mass Arbitrations (Mass Arbitration Series: Part Four of Four)

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What You Need to Know In a Minute or Less - As discussed in the first three editions of this Mass Arbitration series, little relief may be available once a company is caught in the mass arbitration trap....more

K&L Gates LLP

U.S. Supreme Court to Address Prejudice Requirement for Waiver of Arbitration Agreements

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Agreements to submit disputes to arbitration are commonplace, with parties attempting to avoid the time, cost, and publicity involved in litigating disputes in court. To facilitate these aims, the Federal Arbitration Act (the...more

BakerHostetler

Has the 11th Circuit Clarified the Transportation Worker Exemption of the FAA or Just Created a Circuit Split?

BakerHostetler on

In a published June 22 opinion, the Eleventh Circuit laid out a clear test for the Federal Arbitration Act (FAA) Section 1 exemption. It answered the reoccurring question “Who is a transportation worker?” See Hamrick v....more

K&L Gates LLP

Litigation Minute: What to Do When Your Company is Threatened with a Consumer Class Action

K&L Gates LLP on

WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - You are in-house counsel for a consumer-facing company, and you have just been handed a letter from a plaintiff’s firm you’ve never heard of, threatening to file a class action over...more

Shutts & Bowen LLP

Unconscionable Arbitration Agreements: The Impacts of Uber Technologies, Inc. v. Heller

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In a recently published ruling, the Supreme Court of Canada analyzed and interpreted the validity of an arbitration agreement signed between Uber Technologies Inc. (“Uber”) and one of its drivers. Uber Technologies, Inc....more

Seyfarth Shaw LLP

Are Arbitration Agreements Fair and Consistent With Company Culture? A Series on Arbitration Agreements

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Seyfarth Synopsis: This series (Is Arbitration the Answer? and Can Arbitration Agreements Protect Employers Against Class Actions?) examines whether an employee arbitration program can help minimize legal risks from COVID-19...more

Jackson Lewis P.C.

Four Ways Manufacturing Employers Can Reduce Risk Of Class Action Litigation

Jackson Lewis P.C. on

While most employers’ collective bargaining agreements (CBAs) require that class action grievances be submitted to an arbitrator for adjudication, employers in the manufacturing industry may want to consider extra precautions...more

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