The JustPod: A murder-for-hire allegation, public corruption trial, and notable acquittal
Key Discovery Points: If You Dispose of Relevant Hard Drives You Will Face (Some) Consequences
Key Discovery Point: Collecting Hyperlinked File Versions – Contemporaneous or “As Sent”?
Podcast - The 3 Core Themes of Trial Law: Do the Right Thing
Aligning Business Goals with Legal Strategies Amid Regulatory Change – Speaking of Litigation Video Podcast
House Final Settlement Hearing: Key Insights and Future Implications for NIL — Highway to NIL Podcast
The 3 Core Themes of Trial Law: Tell Your Story
What Were the Cooler Wars? (Part 2) — No Infringement Intended Podcast
eDiscovery Case Law Podcast: How Failing to Meet and Confer Effectively Can Lead to Sanctions
The JustPod: Lawyer, Gentleman, and Counsel to the Stars: A Discussion with Brian McMonagle
The Subpoena Playbook
Podcast - The 3 Core Themes of Trial Law: Know Your Court
Podcast - Real Justice for Real People
The Briefing: Diana Copeland – “Surviving R. Kelly” But Not Netflix’s Motion to Dismiss
(Podcast) The Briefing: Diana Copeland – “Surviving R. Kelly” But Not Netflix’s Motion to Dismiss
Key Discovery Points: Timing is Mostly Everything in eDiscovery
The JustPod: The King of Cross: A Discussion with Larry Pozner, a Leading Expert on Cross-Examination
Bar Exam Toolbox Podcast Episode 305: Spotlight on Civil Procedure (Part 2 – Discovery)
There Is No Right Path
Mock Jury Exercises: Enhancing Litigation Strategy in Consumer Financial Services Cases — The Consumer Finance Podcast
It’s been a busy start to 2025 at the Competition Appeal Tribunal, with several key cases and procedural updates shaping the landscape of UK competition litigation. In this edition of UK Competition Litigation Quarterly, our...more
A TCPA defendant in Arizona federal court recently uncovered what appears to be a previously undiscovered silver-lining to a default judgment: a denial of class certification....more
Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the fourth quarter of 2024. In this edition, an overdue audiobook suit is shelved, an old case gets new reps and new...more
On February 14, 2025, in Therrien v. Hearst Television, Inc., the District of Massachusetts denied a motion for class certification due to the plaintiff’s failure to meet the implied ascertainability requirement of Rule 23....more
On January 24, 2024, the Supreme Court granted certiorari in Laboratory Corp. of America v. Davis (“LabCorp”),[1] to consider “[w]hether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure...more
On January 24, 2025, the U.S. Supreme Court agreed to answer a hotly contested question in class action litigation: “Whether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure 23(b)(3) when...more
In Tataryn v. Diamond & Diamond Lawyers LLP, 2025 ONCA 5 (Tataryn), the Ontario Court of Appeal clarified the test for determining whether a proposed class action should be dismissed for delay under section 29.1 of the Class...more
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
In Cheapside Minerals, Ltd. v. Devon Energy Production Co., L.P., 94 F.4th 492 (5th Cir. 2024), the U.S. Court of Appeals for the Fifth Circuit addressed an unresolved question regarding the local controversy exception under...more
Mass torts are on the rise in Ontario, thanks to certification challenges, carriage fights and the influence of plaintiffs’ counsel. But not all provinces are experiencing the same trend. In this episode of our podcast,...more
The Data Security Incident Response Report features insights and metrics from 1,270+ incidents that members of the firm’s DADM Practice Group helped clients manage in 2021. This episode takes us deeper into class...more
The Ninth Circuit gets more requests to appeal class-certification decisions under Rule 23(f) than any other court. How do those requests fare? We take a look below, drawing from this invaluable nationwide study by...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
Motions To Strike Class Allegations: Here To Stay or Going out of Style? By their nature, class actions, given the prospect of classwide liability and potentially millions (if not billions) in aggregated damages, are...more
The author presented the following paper at the 2020 Class Actions National Institute of the American Bar Association. What makes mediating a class action different from mediating an individual case? In both settings,...more
In previous posts, I have discussed the roles of two of the players in class settlements: defense counsel and class counsel. For the third and final installment in this series, I will discuss the role of the third and 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: 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
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
Certifying an antitrust class under Rule 23 has become a battle. In the last 20 years, courts have been changing the game around Rule 23 interpretation, and rigorous analysis at class certification has made briefing...more
Class actions bring more complexity to litigating and settling cases, and it can increase substantially when the claims arise from multiple state consumer protection laws. In these cases, determining the applicable law(s) to...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
Seyfarth Synopsis: In a toxic tort class action stemming from automotive and dry cleaning facilities’ alleged contamination of groundwater near Dayton, Ohio, the Sixth Circuit affirmed an Ohio federal district court’s grant...more
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