News & Analysis as of

Class Action Litigation Strategies Corporate Counsel

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.
Ervin Cohen & Jessup LLP

California Court Narrows “Death Knell” Appeal Rule: Key Takeaways for Employers

In Chavez v. Hi-Grade Materials Co., the California Court of Appeal issued a ruling that significantly impacts how and when employees can appeal orders denying class certification, especially in cases involving both class...more

Baker Donelson

Privilege Under Fire: Protecting Forensic Reports in the Wake of a Data Breach

Baker Donelson on

In the chaos following a cyberattack, forensic reports are often pulled together under intense pressure and can assist companies in responding to and remediating the incident. However, if you're not careful, these reports...more

Klein Moynihan Turco LLP

Major CIPA Wiretap Decision!

California Invasion of Privacy Act (“CIPA”) wiretapping claims against online businesses are topics with which our readers are well-versed. Inconsistent court decisions about whether wiretapping claims under CIPA apply to the...more

Shook, Hardy & Bacon L.L.P.

A Blockbuster Week for the VPPA—New Releases from the Sixth and Seventh Circuits

Much like Blockbuster Video rental stores (of which you might be surprised to learn there is still one remaining), the Video Privacy Protection Act (VPPA) was quietly slipping into obsolescence with the advent of the Internet...more

Mintz

Greenwashing Lawsuit Against Lululemon Dismissed by Federal Court

Mintz on

On February 18, 2025, Judge Bloom (S.D. Fla.) dismissed a lawsuit against Lululemon, the athleisure company, that centered upon allegations of greenwashing. Specifically, the plaintiffs here had contended “that Lululemon...more

Davis Wright Tremaine LLP

Litigation Preparedness Following a Data Breach: Three Tips to Consider During the Incident Response Period

Data breaches come in many different forms, sizes, and levels of complexity, but they tend to share certain key facts: A third-party bad actor—whether through a phishing attack, a ransomware attack, exploitation of a zero-day...more

Carlton Fields

The "Compass Rose" Method for Corporate Witness Interviews

Carlton Fields on

Former AUSA Jack Clabby, a litigator with Carlton Fields, describes his unique method for opening corporate internal interviews. The "Compass Rose" is designed to build rapport with the witness and elicit important background...more

Seyfarth Shaw LLP

5 Key Trends In Workplace Class Action Litigation For 2019: Trend #2 The Impact Of U.S. Supreme Court Rulings

Seyfarth Shaw LLP on

Seyfarth Synopsis: The second key trend from our 16th Annual Workplace Class Action Litigation Report involves rulings by the U.S. Supreme Court. Over the past few years, the Supreme Court has issued a number of rulings that...more

Carlton Fields

Class Action Survey: True or False? The Amount of Time In-House Attorneys Spent Managing Class Actions Has Increased.

Carlton Fields on

False! In-house attorneys spent approximately 20 hours per week dedicated to the defense of class actions. This is a decrease of approximately two hours per week from 2017, but remains high considering companies reported that...more

Fisher Phillips

Federal Appeals Court Makes It Easier For Workers To Advance Class Claims

Fisher Phillips on

The 9th Circuit Court of Appeals has lowered the bar when it comes to the type of evidence plaintiffs need to present in order to have their claims certified as a class action. The federal appeals court panel ruled that...more

Ballard Spahr LLP

Seventh Circuit: Class Action Limitations Tolling Stops Upon Dismissal, Regardless of Appeal

Ballard Spahr LLP on

Addressing the often confusing issue of when class action tolling ends, in Collins v. Village of Palatine, the U.S. Court of Appeals for the Seventh Circuit announced the adoption of a simple and uniform rule: The...more

Robinson+Cole Class Actions Insider

Defending Class Actions in 2016

I thought readers might find helpful some broader observations on strategies for defending class actions in 2016... Dig in Deep Early: Some defense counsel are accustomed to the practice of filing a motion to dismiss...more

K&L Gates LLP

Five Tips for Success in Cyber Insurance Litigation

K&L Gates LLP on

Many insurance coverage disputes can be, should be, and are settled without the need for litigation and its attendant costs and distractions. However, some disputes cannot be settled, and organizations are compelled to resort...more

Carlton Fields

Class Action Trial Preparation Overview: Formalities and Special Issues

Carlton Fields on

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

Carlton Fields

Trial Strategy Partnership: Unique Issues in Preparing Class Actions for Trial

Carlton Fields on

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

Carlton Fields

Class Actions: Trial Preparation and Presentation

Carlton Fields on

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

K&L Gates LLP

To Offer or Not to Offer: Post Genesis, Uncertainty Continues Regarding the Impact of Rule 68 Offers of Judgment in the Class...

K&L Gates LLP on

Hit with a putative consumer class action? One of the first questions that should be considered is whether to make an offer of judgment to the named plaintiff(s). Federal Rule of Civil Procedure 68 permits a defendant to...more

Pierce Atwood LLP

To Settle Or Not To Settle: Eight Questions Corporate Counsel Should Ask In Evaluating Class Action Settlements

Pierce Atwood LLP on

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

Carlton Fields

Strategies In Class Action Engagement: Response To Class Certification

Carlton Fields on

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

Carlton Fields

Strategies In Class Action Engagement: Third-Party Depositions

Carlton Fields on

This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. Here, we begin a discussion of the use of expert testimony. Occasionally,...more

Carlton Fields

Strategies In Class Action Engagement: Complimentary Roles Of Inside And Outside Counsel

Carlton Fields on

This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. Inside and outside counsel should have different but complimentary roles in...more

Carlton Fields

Strategies In Class Action Engagement: Understand The Nature Of The Claims

Carlton Fields on

This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. Here we discuss strategies in class action engagement, focusing on understanding the...more

Carlton Fields

Class Actions: Effective Partnering Between Inside And Outside Counsel

Carlton Fields on

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

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