John Emmerig on Corporate Counsel

Class Actions Worldview - A Study of Trends Around the Globe: A Compendium Of Jones Day’s Five-part Series Published In 2023 And...

Class action procedures vary greatly among jurisdictions. These differences include how developed the procedures are; the types of claims parties can bring; the parties that can represent classes; whether classes are...more

12/16/2024 / Class Action , Class Certification , Class Representatives , Collective Actions , Corporate Counsel , International Litigation , Settlement , Standing

French National Assembly Gives Class Actions a New Impetus

The French National Assembly has passed a bill intended to promote the use of class actions in line with the new EU Representative Actions Directive....more

3/17/2023 / Class Action , Conflicts of Interest , Corporate Counsel , Cross-Border , France

Regulation of Class Actions in Australia Revisited … Again

More Detail: Regulation of Litigation Funding in Class Actions In 2009, the Full Court of the Federal Court of Australia, in Brookfield Multiplex Ltd v International Litigation Funding Partners Pty Ltd [2009] FCAFC 147,...more

6/29/2022 / Australia , Class Action , Corporate Counsel , Financial Services Industry , Global Disputes , International Litigation , Investment Schemes , Litigation Funding , The Corporations Act

'Put the Brakes on Class Actions': Australian Parliamentary Joint Committee Report

The Situation: Australia has become a hot spot for class actions fueled in large part by litigation funders, who have operated for many years in a largely unregulated market and have derived spectacular returns from their...more

1/27/2021 / Australia , Class Action , Collective Actions , Contingency Fees , Corporate Counsel , Litigation Fees & Costs , Litigation Funding , Shareholder Litigation , Victorian Supreme Court

In-House Counsel, the Requirement of Independence and Legal Professional Privilege in Australia

The Situation: A line of authority, typically associated with Rich v Harrington [2007] FCA 1987, (2007) 245 ALR 106 ("Rich"), has held that for legal professional privilege to be claimed in relation to advice from an in-house...more

2/21/2020 / Client Services , Confidential Communications , Corporate Counsel , Dominant Purpose Test , Legal Advice Privilege , Legal Professional Privilege , Work-Product Doctrine

Australian Court of Appeal Endorses Stay of Competing Class Actions

The Background: The competing class actions, particularly in relation to shareholder claims, have increased in Australia due to the incentives in the Australian legal market, namely minimal regulation of litigation funding...more

10/29/2019 / Abuse of Process , Australia , Class Action , Class Members , Class Representatives , Corporate Counsel , Litigation Fees & Costs , Rules of Civil Procedure , Stays , Supreme Court of New South Wales

Supreme Court of New South Wales Relaxes Requirements for Class Actions

The Situation: Fernandez & Anor v State of New South Wales & Ors [2019] NSWSC 255 raised the question: In a situation where there are multiple defendants, is it necessary that a class representative have a claim against each...more

4/10/2019 / Australia , Class Action , Class Members , Class Representatives , Corporate Counsel , Jurisdiction , Rules of Civil Procedure , Supreme Court of New South Wales

John Emmerig

Jones Day

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