Class Action

February 9, 2012
Venue Can Be Game-Changer In Data Breach Suits: Report

Companies should keep a close eye on the location of data breach class actions due to a circuit split on the types of injuries consumers must suffer to bring such suits, a Gibson Dunn & Crutcher LLP report released Tuesday said.
January 18, 2012
M&A Fuels 2011 Securities Class Action Bump: Report

Federal securities fraud class action activity rose slightly in 2011, fueled by an increase in suits over mergers and acquisitions, according to a survey released Thursday, but one of the survey's authors says those cases are "empty litigation calories."
January 9, 2012
Plaintiffs' Bar Reboots Class Strategy In Wake Of Dukes

State and federal courts have rejected class status in more than 150 cases based on the U.S. Supreme Court's decision in Wal-Mart Stores Inc. v. Dukes, but as plaintiffs' attorneys regroup, employers are likely to see a proliferation of smaller suits around the country, according to a new report from Seyfarth Shaw LLP.
December 14, 2011
Chinese Cos. Faced More Investor Actions In 2011: Report

Securities class actions against Chinese companies surged in 2011 while shareholders continued to file a substantial number of suits over proposed mergers and acquisitions, according to a prominent litigation trends survey released Wednesday.
October 11, 2011
GCs Brace For Cuts In Litigation, Class Action Spending

Corporate counsel expect to spend significantly less on litigation and class actions in 2012 than they did in recent years, as companies look to cut legal costs broadly in response to the lagging economy, a new report on corporate legal spending says.
July 25, 2011
Chinese IPO Suits Driving Securities Actions: Report

Securities class actions related to Chinese reverse mergers boosted the amount of litigation in the first half of 2011 even as the number of credit crisis-related cases petered out, according to a report released Tuesday.
April 7, 2011
M&A, Foreign Issuer Suits Drove 2010 Securities Actions

Securities class action activity was up 12 percent in 2010, with a late surge in suits linked to corporate transactions and against foreign issuers compensating for a dwindling number of financial crisis-related cases, according to a study released Thursday by PricewaterhouseCoopers LLP.
March 22, 2011
Bernstein Litowitz Raked In $1B In 2010 Deals: Report

Bernstein Litowitz Berger & Grossmann LLP took in nearly $1 billion in class action settlements from securities lawsuits in 2010, beating out all other plaintiffs firms in terms of investor recovery, according to a survey released on Tuesday.
October 20, 2010
Prempro Use May Double Breast Cancer Risk: Study

Women diagnosed with cancer after taking hormone-replacement therapy drugs like Wyeth's Prempro were more likely to succumb to the disease, according to new data released just an hour after Wyeth won a trial in multidistrict litigation over the menopause drug.
October 12, 2010
Class Action Filings Remain Steady, Corp. Counsel Say

Consumer disputes and labor and employment spats have plagued corporate counsel more than other types of class actions during the past year, although the number of companies facing these types of suits continues to hold steady, according to Fulbright & Jaworski LLP's 2010 Litigation Trends Survey.
September 13, 2010
New Securities Suits Dip As Financial Crisis Fades

With securities class actions stemming from the global financial crisis petering out, the number of securities class actions filed in the first half of 2010 declined by 4 percent compared with the same period in 2009, PricewaterhouseCoopers LLP said Monday.
March 23, 2010
Jump In Securities Class Action Deals Signals Rebound

The number and size of class action settlements rebounded in 2009, with settlements involving companies in the financial services industry leading the way, according to a report released Wednesday by consulting firm Cornerstone Research.
January 27, 2010
Canadian Securities Class Actions Take Slight Dip

The number of securities class actions filed in Canada over the past year dropped slightly from the record set in 2008, but class counsel remain eager to pursue this type of litigation, a new study shows.
January 19, 2010
Tech, Energy Took Biggest Antitrust Hits Last Year

Technology, energy and telecommunications companies accounted for the biggest shares of antitrust settlements, fines and judgments paid in 2009, thanks to a handful of exceptionally large payments from Intel Corp., E.ON AG, GDF Suez, Telenor Group and others.
April 8, 2008
Securities Class Actions Increase In 2007: Study

Stemming in part from the subprime lending crisis, the number of securities class actions filed in federal court in 2007 rose by nearly half compared with those filed in 2006, according to a study.
January 29, 2008
Bausch & Lomb ReNu Tests Were Flawed: Study

A Bausch & Lomb contact lens solution that caused a massive outbreak of fungal infections in 2006 may not have been adequately tested to ensure that it was resistant to microbial contamination, a study has found.
January 15, 2008
Employers Faced CAFA Challenges In 2007: Study

Although it is still a fairly new law, the Class Action Fairness Act of 2005 continued to have a significant impact on employment litigation in 2007, according to a report by Seyfarth Shaw LLP employment attorneys.
January 15, 2008
Plaintiffs Favor State Court For Class Actions: Study

The number of wage-and-hour class actions filed against employers continued to increase in 2007, with the most significant growth on the state court level, according to a report published by Seyfarth Shaw LLP’s employment attorneys.
January 15, 2008
Workplace Class Actions Brought Big Bucks In 2007

As plaintiffs' lawyers negotiated their ways to expand the size of classes and the scope of recoveries in workplace class action litigation, the financial stakes for these cases got higher in 2007, according to a report published by Seyfarth Shaw LLP.
September 1, 2006
Wilson Sonsini Ranked #1 In Securities Litigation

Retained in almost twice as many cases as its nearest competitor, Wilson Sonsini Goodrich & Rosati is far and away the most sought-after firm in securities litigation, according to our survey of the 250+ largest firms in the United States.

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Expert Analysis

An Economist's View Of Amgen

One consequence of the U.S. Supreme Court's Amgen opinion will be the courts placing greater scrutiny on the empirical results economists use to evaluate the fifth Cammer factor — cause and effect, says Michael Hartzmark of Hartzmark Economics Litigation Practice LLC.
FRCP Changes Will Have Major Impact On 3rd-Party Discovery

The U.S. Supreme Court recently endorsed significant changes to Rule 45 of the Federal Rules of Civil Procedure that will greatly simplify the third-party subpoena process, but the changes do not go as far as some would have liked in centralizing third-party discovery disputes to the court where the litigation is pending, say Mark Klapow and Ariel Applebaum-Bauch of Crowell & Moring LLP.
Keeping Tabs On Employee Social Media Discourse

The U.S. Securities and Exchange Commission's recent investigation on Netflix reminds employers that they may unwittingly violate the SEC’s full-disclosure requirements unless they take steps to guard against employees’ inadvertent disclosures of material, nonpublic information through social media channels, says Reema Kapur of Seyfarth Shaw LLP.
How To Run Team Meetings In Complex Cases — Part 2

Remember that the structure of a meeting guides the team's conduct. There are three types of alternative meeting structures that can and should be utilized by the litigation team, says David Dolkas of McDermott Will & Emery LLP.
How To Run Team Meetings In Complex Cases — Part 1

Many litigation teams struggle with making good decisions and running effective team meetings for three reasons: compromised decision-making, lack of healthy meeting conflict, and lack of alternative meeting structures, says David Dolkas of McDermott Will & Emery LLP.
What To Know About ACA Collective Bargaining

For companies with a unionized workforce, the Affordable Care Act poses additional challenges and strategic considerations above and beyond those confronting nonunionized workforces. In addition to the general matter of "pay or play" provisions, unionized companies must also keep in mind of what may constitute an unfair labor practice under the National Labor Relations Act, say attorneys with Epstein Becker & Green PC.
Genesis V. Symczyk: A Win For Employers In The End

Even though the U.S. Supreme Court evaded resolving a particular circuit split in Genesis Healthcare Corp. v. Symczyk, the court did resolve another issue that should provide employers confidence in the proper disposition of Fair Labor Standards Act collective actions, say attorneys with Paul Hastings LLP.
9th Circ. Leaves Broughton-Cruz Hanging

The Ninth Circuit decision in Kilgore v. KeyBank NA leaves open the question of whether and to what extent California's Broughton-Cruz rule survives the U.S. Supreme Court decision in AT&T Mobility LLC v. Concepcion. It also suggests additional guidance to maximize enforcement of arbitration agreements and class action waivers, say attorneys with Pillsbury Winthrop Shaw Pittman LLP.
Probing Private Equity For Section 12(a)(2) Liability

Brockton Retirement Board and Quincy Retirement Board v. Oppenheimer Global Resource Private Equity Fund I LP suggests that the plaintiffs’ securities class action bar is focused on the offering process of private investment funds. The case also shows that disgruntled investors are exploring new legal theories as potentially attractive alternatives to traditional fraud/misrepresentation claims under Section 10(b) of the Securities and Exchange Act of 1934, say attorneys with Proskauer Rose LLP.
5 Arbitration Assumptions That Aren't Always True

Arbitration is often thought to be preferable to litigating in court, and in some circumstances, it may be. Deciding to arbitrate, however, should be the result of a careful analysis of the benefits and disadvantages. That analysis requires examining some common perceptions, say Frank Emory and Rita Davis of Hunton & Williams LLP.

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