Recent Practice Points

Three Tips to Get a Multi-State Consumer Class Certified in California’s Federal Courts

By Jonathan Udell – March 1, 2019 | Next time you’re presented with a potential multi-state case, consider using one or more of these strategies.

Three Principles to Stop Conflating: Choice of Law, Standing, and Transfer of Venue

By Kathryn Honecker and Mark E. Rooney – February 28, 2019 | A refresher on these separate concepts.

Articles

California's Choice-of-Law Jurisprudence and Its Application to Internet Fraud

By Jonathan Udell – March 19, 2019 | Tracking the genesis of California's choice-of-law analysis, the current state of the law, and how that analysis ought to apply in the relatively new realm of e-commerce cases.

The Forthcoming Wave of Biometrics Class Actions

By Geoffrey J. Derrick – March 19, 2019 | Consumer-facing businesses should thoroughly investigate their compliance with BIPA unless they want to go surfing.

Sound Advice Podcasts

The Development of California's Choice-of-Law Analysis

This podcast traces the development of California's choice-of-law analysis, from a place-of-the-wrong analysis, to the comparative impairment analysis, back to a place-of-the-wrong analysis, as described by the Ninth Circuit in Mazza v. American Honda Motor Co. (10:49 min.)

Supreme Court Weighs Whether the FDCPA Applies to Non-Judicial Foreclosures

On January 7, 2019, the Supreme Court held oral argument in Obduskey v. McCarthy & Holthus LLP, a case analyzing whether the Fair Debt Collection Practices Act applies to non-judicial foreclosures. In this Sound Advice, Mark Rooney, the Section of Litigation FDCPA & TCPA Subcommittee cochair, discusses the key issues in the case. (10:37 min.)

Consumer Litigation

Learn how to get involved with the Consumer Litigation Committee and maximize your Section membership!