Class Action

February 8, 2013
No Space For Partner Egos In Law Firm Of The Future

To prepare for the next generation, firms will opt for flexible floor plans and social space, while shrinking private offices and rental costs. In the first installment of Law360's series on the law firm of the future, we look at the 21st century legal office.
February 7, 2013
NJ Legislature Passes Bills To Loosen Corporate Regs

The New Jersey Legislature on Thursday passed a trio of bills that would make it easier for corporations to do business in the state by relaxing laws regarding hostile takeovers, shareholder participation and derivative lawsuits.
January 29, 2013
Class Action Plan Could Make UK Europe's Antitrust Hotspot

The British government vowed Tuesday to push for a new class action system for antitrust litigation, a move attorneys say could make the U.K. the center for private cartel damages cases across Europe.
January 29, 2013
EU Data Rules Would Spur Class Action Abuse, Chamber Says

The U.S. Chamber Institute for Legal Reform voiced concern Tuesday about the European Union's approach to group litigation under its draft data protection regulation, saying certain proposals would incentivize law firms and other profit-driven third parties to promote mass litigation and fail to protect against legal abuse.
January 17, 2013
FDA Rule May Be Lose-Lose Scenario For Metal-Hip Makers

The U.S. Food and Drug Administration on Thursday proposed requiring the makers of metal-on-metal hip implants to prove the devices are safe in order to continue selling them, potentially putting companies in a tricky bind: pursue approval and risk disclosing deficiencies or exit the market and embolden plaintiffs in massive multidistrict litigation.
January 16, 2013
NY Bill Seeks Crackdown On Wage Withholding

Employees in New York who are stiffed on their legally owed wages could demand up to twice their withheld wages in damages and could file class actions to recover the money if legislation introduced Tuesday by a Brooklyn lawmaker is signed into law.
January 14, 2013
NJ Senate Panel Moves To Relax Corporate Regulation

The New Jersey Senate’s Commerce Committee on Monday advanced a trio of bills that would amend state laws regulating hostile takeovers, shareholder participation and derivative lawsuits in order to make it easier to do business in the state.
January 1, 2013
Law360 Selects Top Practice Groups Of The Year

Law360 is pleased to announce the winners of this year’s Practice Groups of the Year award.
December 11, 2012
En Banc 9th Circ. Hints at Narrow Ruling On Loan Arbitration

An en banc Ninth Circuit panel considering whether students must arbitrate claims against KeyBank NA over education loans expressed doubts Tuesday about issuing a broad ruling that could chill consumer protection class actions, suggesting the case could be decided on narrow grounds.
December 10, 2012
KeyBank Case Could Gut Consumer, Employee Class Claims

The full Ninth Circuit on Tuesday will consider whether a group of students can stop KeyBank NA from compelling arbitration over the terms of their loans, and a decision blocking the plaintiffs from keeping their claims in court could make it much more difficult for consumers and employees to bring class actions when they have signed contracts with arbitration clauses, experts said.
December 5, 2012
US Shipping Law Supports Antitrust Breaches, Suit Says

Purchasers of ocean shipping services hit the U.S. with a proposed class action in Hawaii federal court last week, alleging that a law meant to protect American shippers from foreign rivals let purchasers fall prey to the anti-competitive behavior of two shipping companies.
December 3, 2012
GCs Name Most Arrogant Law Firms

As the legal industry rebounds from the recession, cockiness is also on the rise, as the number of firms deemed arrogant in a new survey of corporate counsel has ticked upward since last year and doubled from what it was two years ago.
November 30, 2012
Law360 MVP Awards Go To Legal Top Guns From 52 Firms

Over the next several weeks, Law360 will profile the winners of this year's MVP awards honoring attorneys whose achievements in major litigation or transactions have set a new standard for accomplishment in corporate law.
November 9, 2012
Gun Owners Launch $25M Suit Over Application Disclosures

Gun owners who say their right to privacy was compromised when information about their firearm permit applications was posted on a government website has launched a putative class action against the city of Philadelphia seeking at least $25 million in damages.
November 6, 2012
Calif. Privacy Case Against Apple Could Spark Class Actions

The California Supreme Court on Wednesday will hear Apple Inc.’s claim that a state law barring merchants from collecting consumers' personal information during credit card transactions doesn't apply to online retailers, and attorneys say a ruling against the technology giant could trigger a new wave of privacy class actions against companies that sell products and services over the Internet.
October 30, 2012
11th Circ. Says District Court Can't Hear AT&T Fee Dispute

The Eleventh Circuit affirmed Tuesday that a district court lacked jurisdiction over a putative consumer class action seeking the refund of certain service fees imposed by AT&T Mobility LLC because the suit challenged the validity of two Federal Communications Commission orders.
October 29, 2012
House Bill Aims To Bar BP From Deepwater Tax Benefit

House Rep. Jo Bonner, R-Ala. introduced a bill Friday that would bar BP PLC from getting a tax break for payments it makes in connection with the 2010 Deepwater Horizon oil spill, citing reports that said a forthcoming settlement with the federal government could provide that benefit.
October 25, 2012
Louisiana Wants Separate Trial On $1B In Deepwater Claims

Louisiana on Thursday asked the federal judge handling multidistrict litigation over the Deepwater Horizon oil spill to hold a separate trial on the state’s $1 billion in economic loss claims against BP PLC.
October 23, 2012
CMS To Ensure Medicare Coverage For Chronically Ill Patients

The federal government has agreed to revise Medicare regulations to ensure chronically ill and disabled patients receive coverage for skilled, rehabilitative care even if their conditions don't improve, settling a nationwide class action brought by patient advocates who announced the deal Tuesday.
October 5, 2012
Druggists Say NY Medicaid Mail-Order Plan Harms Competition

New York Medicaid has flouted federal law by forcing patients into specialized drug networks consisting mostly of mail-order pharmacies if they take any of several hundred prescription medications, harming competition and endangering health, the state's leading pharmacy trade group charged in a lawsuit Friday.

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Expert Analysis

When Rights Of Publicity Trump 1st Amendment

An important practice tip that flows from the Third Circuit's opinion in Ryan Hart v. Electronic Arts Inc. is that talismanic invocation of the First Amendment does not resolve the legal problem of balancing that amendment with competing rights such as the right of publicity, says Ronald Katz of Manatt Phelps & Phillips LLP.
The Starstruck Medical Causation Trend

In the technical sense, medical causation answers whether an accused substance brought about some alleged disease. But rarely are the central causal allegations in major toxic torts purely courtroom affairs — publicity and politics now drive the litigation, with plaintiff verdicts begetting more publicity, says James Sabovich of Gibson Dunn & Crutcher LLP.
Rise Of The Machines — Predictive Coding Goes Mainstream

The pros of using predictive coding far outweigh the cons. Given the heavy pressure on law firms and in-house counsel to reduce discovery costs, as well as the Justice Department's recent stance on the subject, it appears predictive coding will continue to emerge from the obscure world of legal technology to the mainstream of legal practice, say Michael Moscato and Myles Bartley of Curtis Mallet-Prevost Colt & Mosle LLP.
5 Overlooked Reasons To Be Class Rep In An Antitrust Suit

In many circumstances in antitrust litigation, standing up as a class representative may be an effective way to protect the company’s interests while assuring that it and other victims of anti-competitive behavior receive the monetary recovery they deserve, say Kellie Lerner and Ryan Marth of Robins Kaplan Miller & Ciresi LLP.
Recent Trends In M&A And Corporate Fiduciary Litigation

In 2012, shareholders challenged 93 percent of all merger and acquisition transactions with a value greater than $100 million and 96 percent of M&A transactions with a value greater than $500 million. In other words, it almost is inevitable nowadays that litigation will follow a merger or going private announcement — with an average of about five lawsuits per transaction, say attorneys with Arnold & Porter LLP.
Libor Litigation Must Overcome Significant Obstacles

When U.S. District Judge Naomi Reice Buchwald dismissed a consolidated, multidistrict batch of antitrust and racketeering suits in Manhattan earlier this spring, she suggested plaintiffs seeking to recover from banking giants at the heart of the interest rate-fixing scandal might have better luck with securities fraud claims. But those plaintiffs will need to be lucky indeed. Two recent developments show that obstacles are inherent and, perhaps, insurmountable, say attorneys with Choate Hall & Stewart LLP.
Tips For Your Rule 10b5-1 Trading Plan Policy

Now that investigations have been initiated by U.S. Attorney’s Offices and the SEC into possible abuses by corporate executives of Rule 10b5-1 trading plans, the private securities bar inevitably will follow suit and file litigation. Nevertheless, these plans continue to be an effective defense against allegations of insider trading, say attorneys with Pillsbury Winthrop Shaw Pittman LLP.
What Sponsors Must Know About Litigation On Church Plans

Recently, two firms have filed class actions against three Catholic Church-affiliated health care facilities, claiming that their pension plans should be subject to the Employee Retirement Income Security Act. These cases could have a profound effect on all church plan sponsors, regardless of whether they have previously obtained favorable church plan rulings, say attorneys with Drinker Biddle & Reath LLP.
E-Discovery In The Cloud: Who Can Get Your Data?

Many lawyers are asking whether placing electronically stored information in the cloud could inadvertently waive the attorney-client privilege and whether the government or a civil litigant could obtain ESI directly from a cloud service provider. In answering these questions, there are a number of aspects of the cloud worth considering, say Timothy Broas and Matthew Saxon of Winston & Strawn LLP.
A Model For Facing Meritless Derivative Suits In Pa.

The decision by the Allegheny County Court of Common Pleas in In re H.J. Heinz Co. Derivative and Class Action Litigation represents a faithful application of the American Law Institute’s Principles of Corporate Governance, which were formally adopted by the Pennsylvania Supreme Court in the landmark decision Cuker v. Mikalauskas, say attorneys with Dechert LLP.

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