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A Practical Guide to the Undistributed Settlement Funds Problem and the Cy Pres Solution

By Bill Boies and Kelly Shami – January 30, 2023 | Learn how to deal with the residue problem and the cy pres solution in a way that will satisfy the most meticulous judge and will avoid or defeat objections to the settlement.

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A Tale of Two Countries: 10 Years Later, Part 1 of 2

By Michael A. Eizenga, Emrys Davis, and Kolding Larson – January 30, 2023 | While U.S. jurisprudence has continued to emphasize the exceptional nature of the class action, the Canadian approach has been to view the class action as a key facilitator of access to justice.

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Practice Points

U.S. Supreme Court Eliminates Prejudice Requirement from Waiver of Arbitration Rights Calculus

By Peter Cho – June 8, 2022 | The significant ruling has broad implications for companies that include standard arbitration clauses in their employment contracts.

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A Reminder That Rule 23 Requires Hearings on All Proposed Class Settlements, Even If There Are No Objectors

By Joseph A. Fischetti – January 13, 2022 | Defense attorneys should make efforts to ensure that district courts hold fairness hearings even when nobody objects to a settlement.

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Sound Advice

Direct v. Derivative Claims in Delaware Following Brookfield Asset Management

Join CADS co-chair Adam Polk and Delaware shareholder rights attorney Andrew Blumberg in a discussion of the Delaware Supreme Court's recent Brookfield Asset Management decision, in which the Court examined several principles of direct and derivative standards applicable in Delaware.

Top Tips for Taking and Defending Remote Depositions

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!

Join the Committee!

Join the Class Actions & Derivative Suits committee and maximize your Section membership!