Articles

The Top Two Drafting Considerations for a Class Action Settlement Agreement

By Lara Flath and Boris Bershteyn – May 29, 2020 | The critical provisions you must pay attention to when negotiating and drafting a class action settlement agreement: the scope of the release and allocation of opt-out risk.

Continuing Jurisdiction: A Federal Court’s Power to Enforce a Nationwide Class Action Settlement

By Theodore W. Seitz and Kyle M. Asher – May 29, 2020 | Tips to ensure that your nationwide class action settlement is not undermined after final approval is granted.

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Practice Points

Sixth Circuit Holds Class Action Dismissal Only Covers Named Plaintiffs Prior to Class Notification

By Neeckaun Irani – March 26, 2020 | The summary judgment decision binds only named plaintiffs when court issues summary judgment order dismissing entire case after class is certified but before class notification.

Ninth Circuit: Identification of Potential Clients Alone Is Not a Permissible Discovery Purpose

By Neeckaun Irani – March 6, 2020 | The court finds clear error in allowing discovery to identify class members before class-certification.

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Audio

Top Tips for Taking and Defending Remote Depositions

By Mason Farmani and Lindsay Breedlove - April 21, 2020 | Considering taking a remote deposition while working from home? Learn from Mason Farmani, CEO of Barkley Court Reporters, about the various virtual options, how to prepare, and avoiding technical snafus!

Tips for Selecting the Right Expert

By Angela Sabbe and Scott Carlton - January 29, 2020 | There's no Yelp for experts. In this Sound Advice, Angela Sabbe and Scott Carlton discuss tips for finding expert witnesses and considerations to evaluate when identifying the right expert for litigation matters.

Confronting the Question: Does BMS Apply to Class Actions?

By Adam Polk – January 24, 2020 | Adam Polk discuss the Supreme Court's 2017 BMS decision, subsequent district court decisions' application of the decision to the claims of absent class members, and two recent appellate courts who have been asked to decide: "Does BMS apply to class actions?"

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