Vehicle Defect Class Actions: Recent Trends in Arbitration
By Robert Neary – February 23, 2021 | The three main arguments that manufacturers make when seeking to compel arbitration.
Class Actions & Derivative Suits
The Class Actions & Derivative Suits Committee consists of practitioners, corporate counsel, and academics interested in class actions and stockholder derivative suits. Its leadership of top practitioners works to keep members abreast of issues in the class actions area, with subcommittees focused on areas that include antitrust law, consumer law, derivative suits, employment law, mass torts, pharmaceuticals and health law, and securities law.
Articles
Class Arbitration and the Enforceability of Class Action Waivers in Arbitration Agreements
By Sara Anne Ford, R. Ashby Pate, and Jeffrey P. Doss – February 23, 2021 | Careful attention to the agreement—including, for example, whether a court or an arbitrator must make threshold arbitrability decisions—is essential.
Practice Points
Exacerbating Circuit Split, Sixth Circuit Holds Inadmissible Evidence May Be Relied on at Class Certification Stage
By D. Scott Carlton and Kiaura Clark – May 4, 2021 | Specifically, the court held that use of unauthenticated and ultimately inadmissible non-expert summary-report logs were proper evidence to support granting class certification.
Eighth Circuit Identifies Damages Hurdle for Payment for Order Flow Class Certification
By Nick Morgan, D. Scott Carlton, Kyle Jones, and Michael Mottweiler – April 30, 2021 | A claims process with $11 million left over. Who gets the $11 million?
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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Events & CLE
May
11
Events | Webinar
ESI Collection 101: Navigating the Challenges of Emerging Data Sources [CC]
CLE 60 min
This program will use a hypothetical lawsuit where a team of engineers have been using three forms of emerging data sources for communication, which will need to be preserved, collected, reviewed and…
May
17
Events | Webinar
Give the Jury What It Wants! [CC]
CLE 60 min
Understanding the quirks of the human decision-making processes and tailoring a case to those will not magically win an otherwise frivolous case, but it may help nudge the jury in a close one.
May
25
Events | Webinar
10th Annual Food, Beverage, and Supplements Virtual Regional CLE Program [CC]
CLE 225 min
This program will (remotely) bring together experienced practitioners, industry experts, and in-house lawyers to discuss the most recent litigation and regulatory developments in the food, beverage,…