The use of cy pres in class action context should be eliminated or severely curtailed as it facilitates certification of classes that do not merit certification and is probably not even a reasonable approximation of class member intent, say Anthony Anscombe and Mary Elizabeth Buckley of Sedgwick LLP.
Although the doctrine of consent, a staple in tort law from its very beginnings, has seen no noteworthy developments for more than 20 years, the consent defense is on the verge of expanding once again in the context of contamination cases in California, says Krista deBoer of Gibson Dunn & Crutcher LLP.
What should an attorney do in the middle of a deposition if her client answers in a way that suggests a misunderstanding of the question or sudden memory loss? She will likely want to confer with her client at the next available opportunity, but her ability to do so without waiving privilege will depend, in part, on where the deposition is taking place, say attorneys with Pillsbury Winthrop Shaw Pittman LLP.
Although the government shutdown and the debt ceiling crisis are occasionally conflated, they have distinct effects on government operations and on parties interacting and transacting with the government, says Boris Bershteyn, of counsel with Skadden Arps Slate Meagher & Flom LLP and former general counsel of the White House Office of Management and Budget.
Business groups have criticized California’s new Safer Consumer Products Act for making the state an even more business unfriendly environment, placing an especially huge burden on retailers of products made out of state or country to comply with the regulations in the stead of an absent producer, say Robert Kum of Sedgwick LLP and Erica Graves, a third-year law student.
Major League Baseball’s motion in the Northern District of California case — the City of San Jose v. Office of the Commissioner of Baseball — reanimates the debate over what legal historian Stuart Banner’s recent book calls “one of the strangest doctrines in our legal system,” say Stephen Chippendale and John Lomas of McKenna Long & Aldridge LLP.
The last several months have seen a notable uptick in municipal securities actions brought by the U.S. Securities and Exchange Commission. While enforcement efforts have thus far been mostly directed to issuers, recent actions suggest that the SEC may be shifting its attention to municipal underwriters, say William White and Jeffrey Lehtman of Allen & Overy LLP.
While the basic framework for fracking in California is now enshrined in California law after Gov. Jerry Brown signed Senate Bill 4, the governor’s statements, together with the blanks that remain in the unwritten regulations of the California Division of Oil, Gas and Geothermal Resources, leave the future of fracking in California still somewhat hazy, say attorneys with Bingham McCutchen LLP.
The challenges facing the solar industry — the victim of oversupply and falling prices — continue to be daunting. Still, the rise of distributed generation, improved storage, reduced soft costs and government initiatives, among a variety of other factors, seem likely to improve the prospects for diversified solar energy companies, says Michael Dotten of Marten Law PLLC.
Practitioners before the Judicial Panel on Multidistrict Litigation should note that the basis for denying or granting MDL motions is not unique to an industry or set of cases. Rather, patterns regarding the denial and grant of MDL motions — such as the recent denial of two new food industry MDL proceedings arising from “All Natural” marketing campaigns — cut across industry lines and have certain common characteristics, says Alan Rothman of Kaye Scholer LLP.