An Inside Look as a Juror - FCRA Focus Podcast
Here at New York Commercial Division Practice, my colleagues and I have waxed poetic about New York’s Commercial Division, the nation’s first general trial court devoted exclusively to business litigation, by repeatedly...more
In new legislation signed today by Governor Abbott, Texas has revamped its Court system for resolving business disputes with the creation of new trial and appellate courts with judges to be appointed by the governor with the...more
On Friday, May 12, the Texas Senate passed a bill that would create a specialized business court to oversee complex civil litigation. The state senators voted 24 to 6 to approve H.B. 19, which was passed by the Texas House...more
The Court of Appeal recently allowed a group action comprising more than 200,000 victims of an environmental disaster in Brazil to go ahead in the English High Court. The claim was originally dismissed by the High Court for...more
As consumer-facing product and service companies go head-to-head in an increasingly competitive marketplace, the risks of doing business are higher than ever before. Whether marketing your products to generate the highest...more
On 13 July 2017 the Hong Kong Legislative Council passed the Apology Ordinance. This decrees that an out-of-court expression of a person’s regret, sympathy or benevolence, including a statement that he is sorry about a...more
Although e-discovery has been part of complex commercial litigation for over a decade, there have been only a few federal appellate court rulings about e-discovery topics. On April 7, 2016, in In re Am. Nurses Ass’n, the...more
Several amendments to the Federal Rules of Appellate Procedure are scheduled to take effect on December 1, and one of those amendments is causing consternation among appellate practitioners: a 1000-word reduction in the word...more
A new version of SB 853 was approved today by a Senate Judiciary Committee; and it addresses two new items. The title was amended to include the new sections: An Act to Modernize the Business Court by Making Technical,...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
We are pleased to share with you the 2013 Year-End Highlights Report from the BakerHostetler Securities Litigation and Regulatory Enforcement Practice Team, a periodic survey, in addition to our Executive Alerts, which...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
This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. The defense team must consider whether the company’s best interests are better...more
This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. Here, we focus on the uses of expert testimony. The Role of the Expert at the...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