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It’s important to balance innovation in AI-driven processes with the human element to ensure a defensible approach to litigation that also maximizes the protection of sensitive data. We use the analogy of chess vs. checkers...more
For a number of years now, I have enjoyed successfully resolving complex class action matters. The cases are challenging, the counsel astute and the results rewarding....more
As discussed in earlier posts, trying class actions shares nearly all the same issues, tasks, and risks as other complex trials, but with heightened complexity and risk. Courts, in an effort to efficiently try classwide...more
This continues our series of blog posts on trial preparation and presentation as related to class actions. Preparing to try a class action case, in general, encompasses all of the issues and concerns inherent in trying...more
The complexity and importance of the risk-reward dynamic elevates significantly in the context of class actions. Once a class is certified, the risk assessment of inside and outside counsel focuses on the size of the class...more
To settle or not to settle; that is the question, right? It is asked when you receive the demand letter threatening a class action, when the complaint is filed and served, at the initial scheduling conference, before the...more
This concludes our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. An order granting class certification is not the end of the battle regarding...more
The following series of blog posts were excerpted from the class actions chapter of Successful Partnering Between Inside and Outside Counsel, a multi-volume treatise that is a joint project of West and the Association of...more