Class Action

Expert Analysis

• Oral Advocacy And 'Vocal Fry'

  

  In a sneak preview of the fall edition of Legal Communication & Rhetoric, Professor Michael Higdon of the University of Tennessee College of Law explores the negative reactions to "vocal fry," the accusations of sexism those reactions have engendered, and what all this means for female attorneys.

• A Potential Secret Sauce For Mooting Class Claims

  

  Based on the U.S. Supreme Court's decision in Campbell-Ewald, we know that an unaccepted Rule 68 offer of judgment does not end an Article III case or controversy, and will not moot a plaintiff’s claim. However, what remains uncertain is whether there are any steps that can terminate a putative class action nonconsensually before class certification is litigated, says Rick Shackelford of Greenberg Traurig LLP.

• 5 Tips For Preparing Sales Reps For Trial Examination

  

  When defending drug and device companies, preparing sales representatives for examination in court can be challenging, as the sales rep is often the singular nexus between the company and the physician, and offer plaintiffs' counsel an opportunity to exploit them. Matthew Keenan of Shook Hardy & Bacon LLP offers five "best practices" tips for how to successfully defend marketing witnesses.

• The Courtroom Where It Happened: Hamilton As A Lawyer

  

  Often lost in discussions about Alexander Hamilton is that he was an extremely important New York lawyer. He had an extensive law practice until his death in 1804 and he wrote what is considered to be the first treatise in the field of private law. Ultimately, Hamilton certainly did get "a lot farther by working a lot harder, by being a lot smarter, by being a self-starter," says Randy Maniloff of White and Williams LLP.

• International Comity Saves Vitamin C Defendants

  

  The Second Circuit's decision last week in Vitamin C Antitrust Litigation shows that American courts may be increasingly likely to dismiss U.S. antitrust claims against foreign companies based in countries with heavy government involvement in the economy, say attorneys with O'Melveny & Myers LLP.

• Why Have Lawyers Forgotten About The Middle Class?

  

  Sorry, fellow lawyers, judges and legislators, but the jig is up. It’s time to show the public the cards up our sleeves and give them a chance to weigh in on the fairness of a system that touches so many aspects of their everyday lives, says Chas Rampenthal, general counsel of LegalZoom.

• And Now A Word From The Panel: 3 Alternatives To MDLs

  

  Recognizing the ever-dwindling number of multidistrict litigation proceedings, Alan Rothman of Kaye Scholer LLP explores the three alternatives to MDLs which the Judicial Panel for Multidistrict Litigation has recently considered in denying and/or mooting MDL petitions.

• McDonald's Class Cert. Bodes Bad News For Franchisors

  

  In Ochoa v. McDonald's, a California federal court recently certified a class of current and former employees of a McDonald's franchisee to pursue wage, overtime and maintenance-of-uniform claims. Although that result in a vacuum would certainly be enough to cause a stir, it is the facts that the court deemed important to the certification analysis that have the industry paying particularly close attention, says John Aaron Hughes of DLA Piper.

• The Meaning Of 'Affiliate' In Class Action Settlements

  

  The Second Circuit's decision last week in American International Group Securities Litigation creates a split in how courts define the term “affiliate” in class action securities settlements. Settling defendants should consider pressing for the elimination of the term completely, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.

• Looking Ahead: Emerging Labor And Employment Law Trends

  

  With summer 2016 well behind us, employers should begin to plan for the major labor and employment law trends expected to emerge in the final quarter of the year and into 2017. From the looming overtime regulations to equal pay legislation and class action waivers, Joel Barras and Mark Goldstein of Reed Smith LLP dissect several of the developing trends in this arena.