Class Action

Expert Analysis

• 3 Ways To Leverage Vulnerability For Lawyer Well-Being

  

  Admitting to imperfection is an elusive construct in the legal industry, but addressing this roadblock by capitalizing on vulnerabilities can increase personal and professional power, says life coach and attorney Julie Krolczyk.

• Clinical Trials And Specific Jurisdiction After Bristol-Myers

  

  In the wake of the U.S. Supreme Court's decision in Bristol-Myers Squibb v. Superior Court of California, state and federal courts have viewed the location of clinical activities as largely immaterial to specific jurisdiction analysis in standard product liability actions, say Matthew Saxon and Rand Brothers of Winston & Strawn.

• Fla. Class Actions Show Why Correct COBRA Notices Matter

  

  Class actions alleging that employers failed to provide proper notice of the right to continued health coverage under the Consolidated Omnibus Budget Reconciliation Act have seen an uptick in Florida federal courts, illustrating why companies should sweat the details when issuing such notices, say Megan Mardy and Julie McConnell at McDermott.

• What Do Market Overreactions Mean For Securities Litigation?

  

  The possible overreaction of stock prices to public company corrective disclosures could have implications on securities fraud litigation when it comes to proving reliance on that information, applying the fraud-on-the-market doctrine, and relying on market efficiency, say David Marshall and Roland Eisenhuth at Epsilon Economics.

• New Data Shows BigLaw's True Profitability

  

  Based on an analysis adjusting BigLaw operating income and revenue to account for equity partners and taxes, the profitability of firms is lower than commonly thought, says Madhav Srinivasan at Hunton.

• The Circuit Split On ERISA's Actual Knowledge Standard

  Excerpt from Lexis Practice Advisor

  

  For cases alleging a breach of fiduciary duty, federal courts of appeals are split on the so-called actual knowledge standard for the Employee Retirement Income Security Act's statute of limitations, but the U.S. Supreme Court’s review of Intel v. Sulyma may soon bridge the divide, say attorneys at Ropes & Gray.

• Ill. Biometric Law Ruling Will Bring Insurance Coverage Issues

  

  In Patel v. Facebook, the Ninth Circuit held that Illinois Facebook users may bring privacy claims under the state's Biometric Information Privacy Act, which may give rise to insurance coverage questions similar to those that Illinois courts have encountered with Telephone Consumer Protection Act claims, say Siobhan Murphy and Vincent Tomkiewicz of Lewis Brisbois.

• Will PCAOB's New Audit Rule Trigger Shareholder Litigation?

  

  Shareholder litigation risk from the Public Company Accounting Oversight Board's new audit disclosure requirements hinges on whether critical audit matter reporting can cause a stock price decline, and whether the U.S. Supreme Court's Lorenzo opinion spurs more critical audit matter claims, say analysts at Cornerstone Research.

• A Data Analysis Road Map For Wage-And-Hour Mediation

  

  Estimating damages and penalties to bring into wage-and-hour settlement negotiations may involve challenges such as handwritten records or large volumes of data, but a few practical steps can help simplify the process, says Melissa Daniel at Econ One Research.

• More ADA Lawsuits Targeting Mobile Apps Are Likely Ahead

  

  Following the U.S. Supreme Court’s decision last week not to hear Robles v. Domino’s, cases alleging Americans with Disabilities Act violations against mobile apps are likely to increase and remediation plans will be needed to limit exposure, says Nicole Smith at Rumberger Kirk.

• Opinion

  Courts Keep Rejecting Litigation Funding Discovery Campaign

  

  As shown by recent case law, including a New Jersey federal court holding last month in Valsartan Products Liability Litigation, there is no "shifting tide" in favor of disclosing litigation funding arrangements, say Matthew Harrison and Stephanie Southwick of Bentham IMF.

• How Emotionally Intelligent AI Could Assist With E-Discovery

  

  While artificial intelligence has already revolutionized the e-discovery field, the development of emotionally intelligent AI promises to explore data in an even more nuanced and human way, thereby further reducing the burden on legal teams, say Lisa Prowse and Brian Schrader at e-discovery services provider BIA.

• A Weak Link In Consumers' FDA Test Claims

  

  As class action plaintiffs scrutinize more consumer product labels, they increasingly allege that their own U.S. Food and Drug Administration-compliant testing has obtained results contrary to what the product says, presenting defendants with an opportunity to scrutinize claims at the threshold, say Joshua Fougere and Jacquelyn Fradette at Sidley.

• 9th Circ. Ruling Returns Stability To Joint Employer Test

  

  By applying a traditional control-type test to hold that McDonald’s was not a joint employer of its franchisee’s employees, the Ninth Circuit last week in Salazar v. McDonald’s injected a welcome dose of clarity and common sense into a volatile area of law, say Andrew Murphy and Lauren Linderman at FaegreBD.

• Preventable Risks Your Law Firm May Be Overlooking

  

  Although most lawyers are well-prepared to defend or justify the value of an insurance claim for clients, often law firms have not clearly identified their own potential liabilities, planned for adequate insurance or established prudent internal risk management practices, says Victor Sordillo at Sompo International.