Using Craft To Kill A $50B Class Action

Law360, New York (June 11, 2010, 10:48 AM EDT) -- Teachers of trial advocacy stress the importance of a theme. A theme should be understandable, persuasive and comprehensive. So too, early identification of a strong theme is critical in complex, bet-the-company, litigation. A strong theme will inform strategic decisions, discovery and motion practice, as well as trial.

In the recent case of Rine v. Imagitas, the defendant needed a strong theme. Class actions had been filed against it in multiple states alleging violation of the federal Drivers’ Privacy Protection Act (“DPPA”), 18 U.S.C. §§ 2721-2725. This...
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