Closing Arguments: Focus and Organization
Closing Argument: Opportunity and Challenge
Navigating Civil Standing Requirements for Defense Success — RICO Report Podcast
How to Make Clear, Quick and Effective Objections
The Presumption of Innocence Podcast: Episode 43 - New Horizons: Impact of Recent Appellate Circuit Rulings on White-Collar Criminal Defense Law
Podcast - Cross-Examination: Don't Ask One Question Too Many
Podcast - The Ten Commandments of Cross-Examination
False Claims Act Insights - If Everything Matters, Nothing Does: Parsing Materiality in FCA Disputes
Making the Lawyer-Client Relationship Work in Challenging Litigation – Speaking of Litigation Video Podcast
The Presumption of Innocence Podcast: Episode 42 - AI in Criminal Justice: Opportunity or Opportunity for Misuse?
Podcast - Refresh vs. Impeach: Know the Difference
Podcast - Cross-Examination of Expert Witnesses
Cross-Examination: The Three C’s of Impeachment
Cross-Examination: How to Effectively Impeach with a Prior Inconsistent Statement
Cross-Examination: Asking the Right Leading Questions
Podcast - Cross-Examination: The Importance of Organization
Work This Way: A Labor & Employment Law Podcast - Episode 20: Tips for Court Cases with Judge Dennis and Judge Wilkins of Maynard Nexsen
Podcast - Cross-Examination: Basic Approaches
Residential Contractor Boot Camp
The "Why" of Cross-Examination
Class action defendants who have a strong basis for defeating class certification need not wait around until the plaintiffs move to certify a class before putting the issue to the test. In some instances, a more strategic and...more
A major change in Fair Labor Standards Act (FLSA) wage and hour jurisprudence has taken place, with BakerHostetler at the helm. In Clark, et al. v. A&L Home Care & Training Center, the Southern District of Ohio conditionally...more
In the realm of TCPA class actions, the Central District of California’s decision in Wiley v. Am. Fin. Network, Inc. serves as a noteworthy (and positive) development. And it offers a blueprint for corporate defendants...more
Companies increased the percentage of their legal budgets allocated to class actions to 14.4%, up from 13% two years ago. For the first time, spending on class actions increased to more than $3.5 billion, according to the...more
A recent Ninth Circuit decision illustrates how defendants can use evidence on an individualized defense to potentially defeat class certification. In Van v. LLR, Inc., — F.4th –, 2023 WL 2469909 (9th Cir. Mar. 13, 2023),...more
A 10-Point Response Plan - The company was just sued in a putative class action. Now what? The following 10-point response plan broadly outlines the initial steps to implementing a comprehensive class action defense,...more
The 2021 Italian class action law reform may entail increased litigation involving financial institutions in traditional areas as well as in cybersecurity and data breach instances and cryptocurrency-related disputes. The...more
Since the beginning of 2021, more than two dozen class action cases have been filed in Florida state court under Florida's Security of Communications Act. The act has, in some form, been on the books for more than 50 years....more
One tactic to defeat a class action is to assert that the named plaintiff is not an appropriate or proper representative for the class. These initiatives are not often successful, but defense counsel should always be looking...more
Colloquially known as the ‘‘Rocket Docket,’’ the Eastern District of Virginia (‘‘EDVA’’) has been the speediest federal court for civil trials since 2008, according to the annual data compiled by the Administrative Office of...more
On July 8, 2020, Judge Alison Burroughs granted-in-part Defendants Shire and Actavis’s motion to decertify a direct purchaser plaintiff class in an alleged reverse payment antitrust case pending in the Federal District Court...more
Seyfarth Synopsis: As employers embark on reopening their businesses and implementing return to work plans, they face a potential wave of workplace class action litigation. Such lawsuits have begun to roll in and courts...more
QWR Responses - Kavanagh v. Specialized Loan Servicing, LLC, N.D.Ohio No. 3:17CV892, 2020 U.S. Dist. LEXIS 46255 (Mar. 17, 2020) - In this case, the Northern District of Ohio granted in part and denied in part the loan...more
Believe it or not, the Supreme Court of the United States just decided whether “to have ‘actual knowledge’ of a piece of information, one must in fact be aware of it.” The Court said “yes,” and it was unanimous. Most...more
When a business is sued in a proposed class action and there is only a small amount at stake on the named plaintiff’s claim, often one of the first thoughts that comes to mind is: can’t we just pay the full value of the named...more
Seyfarth Synopsis: As detailed in our 2020 Workplace Class Action Litigation Report, 2019 was an interesting year for employers in terms of class certification rulings. Plaintiffs achieved the highest numbers of initial...more
It is well known that, at least in the federal system and Florida, a defendant who fails to raise lack of personal jurisdiction in a pre-answer motion to dismiss waives that defense. But there is an exception to this rule: If...more
In a nationwide class action lawsuit alleging deceptive trade practices for advertising of a product, a lower court had certified a class and uniformly applied only the forum state’s law to all class members’ claims. Part of...more
Seyfarth Synopsis: Complex class actions often present a scenario in which some or most of the putative class members are subject to arbitration agreements, but the named plaintiff is not. In Gembarski v. PartsSource, Inc.,...more
Individualized defenses and choice-of-law issues played a key role in preventing class certification in a recent challenge to a life insurer’s discretion to adjust its “risk rates” on universal life (UL) insurance policies....more
On June 4, 2019, a hedge fund managed by Saba Capital Management L.P. filed lawsuits in Delaware Chancery Court and in Maryland Circuit Court against three BlackRock-managed registered closed-end funds, the trustees/directors...more
With Judge Brett Kavanaugh’s nomination to the Supreme Court, one question to ask is whether, if he is confirmed, that will move the Court to any degree in class action cases. ...more
Class actions often are lengthy and costly undertakings for defendants, and the discovery process can demand the most significant amount of resources. When discovery on class certification issues is then followed by merits...more
Defense counsel facing potential multimillion-dollar judgments from the threat of class action proceedings—particularly class actions brought under statutes providing for treble damages and attorney’s fees, such as the...more
The employment law landscape continues to be dominated by Workplace Law class actions. Jackson Lewis attorneys are defending hundreds of class and collective actions all over the country. Tapping into that experience, this...more