Class Action

Expert Analysis

• 11th Circ. Widens Split Over Class Action 'Pick Offs'

  

  After Stein v. Buccaneers Limited Partnership, the Eleventh Circuit is squarely at odds with the Seventh Circuit over whether unaccepted offers of judgment moot putative class actions if made before the motion to certify the class has been filed. Stein further emphasizes the circuit split on this issue, making it ripe for consideration by the U.S. Supreme Court, say Josh Jubelirer and Jason Stiehl of Seyfarth Shaw LLP.

• Key Employment And Immigration Issues Facing Banks Today

  

  Many banks are facing class actions for not compensating nonexempt employees for compensable work. These lawsuits are costly and hard to defend. Meanwhile, foreign nationals create a potential new client base, but the issue is whether to offer services to undocumented individuals, say attorneys with Carlton Fields Jorden Burt LLP.

• St. Joseph Demonstrates Challenges For Breach Plaintiffs

  

  A Texas federal court's recent decision in Beverly T. Peters v. St. Joseph Services Corp. highlights the emerging majority view in data security breach cases that the mere heightened risk of future misuse of stolen data is too speculative to create standing for the purposes of Article III, say attorneys with Ropes & Gray LLP.

• 2nd Circ. Seems Skeptical Of DOL Intern Test

  

  While it is premature to draw conclusions from oral argument in Glatt v. Fox Searchlight Pictures Inc. and Xuedan Wang v. Hearst Corp., the Second Circuit hinted that the U.S. Department of Labor's six-factor test for internship status is overly rigid and focused on the utility of an alternate test to determine whether an internship primarily benefits the intern or the employer, say Robert Whitman and Adam Smiley of Seyfarth Shaw LLP.

• 2 Years Of Clapper: Takeaways From 12 Data Breach Cases

  

  Feb. 26 marks the two-year anniversary of the U.S. Supreme Court’s decision in Clapper v. Amnesty International USA. Federal district courts in at least 12 data breach cases have applied Clapper, and while the majority have concluded that Clapper mandates dismissal for a lack of standing, some courts have found that standing exists, says Andrew Hoffman of InfoLawGroup LLP.

• 2nd Circ. Unlikely To Change Class Action Status Quo

  

  It does not appear that the Second Circuit’s decision in Roach v. T.L. Cannon Corp. will usher in a new era of class action certifications. Rather, it seems the court is reading the majority opinion in Comcast Corp. v. Behrend like the dissent — that the majority opinion did not significantly alter the Rule 23 landscape, says David Yeagley of Ulmer & Berne LLP.

• Emerging Trends In Corporate Sustainability Reporting

  

  Recently, a potential new legal trend has emerged in which plaintiffs are filing product liability and securities class actions against companies by invoking claims related to environmental, social and governance or sustainability statements. This development demonstrates the risks associated with issuing ESG statements as some consumers and investors will not hesitate to litigate their accuracy or materiality, say Sara Orr and Bar... (continued)

• Plaintiffs Look Beyond Labels And Toward Product Testing

  

  Food and nutraceutical companies are increasingly facing a new type of purported class action, one where plaintiffs arrive armed with results from alleged product testing. Knowing how to respond to a product testing claim is vital, particularly now with product testing websites and crowdfunded research, say James Muehlberger and Jeff Lingwall of Shook Hardy & Bacon LLP.

• In-House Counsel's Dirty 'Little' Secret: Data Leakage

  

  Not every data breach is a massive headline-grabbing theft of consumer credit card information. As significant as these events may seem, the more dangerous and prevalent threats are the least visible — occurring through "data leakage." Put simply, this is raw meat awaiting a strike by the plaintiff’s bar, says legal industry adviser Jennifer Topper.

• Get Ready For The 2nd Wave Of Food Labeling Litigation

  

  Kumar v. Salov North America Corp. is an example of the second wave of food labeling litigation. Now, companies should also be aware that their products could be independently tested for compliance with all labeling claims and regulatory standards — even small deviations may be the basis for a lawsuit and courts may not require a plaintiff’s purchase be tested, say Ann Havelka and Jeff Lingwall of Shook Hardy & Bacon LLP.