JONES DAY TALKS®: Collective Actions in Spain: A Look Around and the View Ahead
JONES DAY TALKS®: Class Actions Worldview Guide: Part 1–The United States and European Union
NFL’s Rooney Rule: The Flores Discrimination Suit’s Impact on DEI initiatives [More with McGlinchey Ep. 38]
FLSA and Wage and Hour Issues for Restaurants
II-33- Hot Summer Trends: The Supreme Court on Class Action Waivers, and the Rise of Web Site Accessibility Lawsuits
As reported by Law.com, a new report by CMS shows that the number of class actions in Europe continues to grow following the implementation of the Representative Actions Directive (RAD) in most European Union member states....more
The English High Court offers limited routes to bring “opt-out” group claims but, in recent years, funded claimants have attempted to bring representative actions under CPR 19.8 at a notable rate. The rule has been available,...more
The United Kingdom remains a key European jurisdiction for competition damages actions, also in a post-Brexit world. In particular the number of collective proceedings for competition damages has significantly increased. This...more
In the first certification decision since the UK Supreme Court’s judgment in PACCAR, the CAT has held that a litigation funding agreement (LFA) revised in light of PACCAR was not a damages-based agreement (DBA) and it was...more
Generally, claims in the UK (including class actions) can be settled without court approval. Settlement is particularly important in competition damages claims, given the complexity, uncertainty and cost of litigating these...more
There are various ways in the English High Court to bring a claim, including as a group or representative action. Historically they have been underused but that is changing. Businesses are becoming increasingly interested in...more
Although class actions have been common in the United States for decades, they have not been as widely used in the rest of the world. The situation and risks remain in flux, however, as more countries have renewed momentum to...more
Recently the English Court of Appeal (CoA) in Evans v Barclays & Ors1 overturned a decision of the Competition Appeal Tribunal (CAT), allowing a follow-on damages claim against various international banks to proceed on an...more
To bring a collective competition action in the Competition Appeal Tribunal (“CAT”), a proposed class representative first has to have their claim certified by the CAT. The CAT’s approach to certification is therefore an...more
Trucks, trucks, trucks – unless you’ve been living under a rock in the antitrust world, you’ve probably heard about, or even worked on, one of the many follow-on litigation claims related to the Commission’s 2016 cartel...more
Costs matter - in collective proceedings, where costs can be staggeringly high at the certification stage alone, costs allocation can be an important factor influencing parties’ litigation conduct. However, costs...more
In the UK, since 2015, there has been a statutory class action regime allowing full opt-out or opt-in class actions for claim for breach of competition law. Competition claims require approval (or certification) before...more
While group litigation and collective actions have traditionally been more difficult to pursue in the UK than in the U.S., changes to UK civil procedure rules and societal attitudes towards group ligation means that these...more
Historically, class action lawsuits were primarily tied to the U.S. With the exceptions of Canada, Australia, and a few others, most countries around the globe did not embrace this legal recovery mechanism as freely and...more
After protracted challenges to class certification status, in Merricks v Mastercard the U.K. Competition Appeal Tribunal (CAT) granted its first collective proceedings order (CPO). The claim remains huge, comprising 46.2...more
Key Takeaways - The United Kingdom’s Competition Appeal Tribunal (CAT) recently granted the U.K.’s first ever Collective Proceeding Order (CPO), on an “opt-out” basis, in Walter Hugh Merricks CBE v Mastercard Incorporated &...more
This week has seen a major breakthrough in the UK’s fledgling class action regime, which brought opt-out collective proceedings to the UK for the first time back in 2015. The first opt-out collective action has now been...more
Class actions aren’t just for U.S. courts anymore. Our Litigation Group explores the potential for transatlantic class action liability and the growth of collective redress throughout the UK and EU....more
Hogan Lovells litigation partners Matthew Felwick and Valerie Kenyon took part in a panel discussion on the EU Representative Actions Directive, at the British Institute of International and Comparative Law (BIICL) on 3...more
When thinking about class action lawsuits, most people envision legal proceedings occurring in the United States. However, class and collective proceedings modeled after those in the U.S. are becoming increasingly popular...more
On 27 February 2020, Skadden antitrust/competition partner Bill Batchelor chaired an InformaConnect conference in London exploring evolving Competition and Markets Authority (CMA) enforcement practices, concurrent regulation,...more
On December 4, 2019, Skadden hosted a discussion with Sir Marcus Smith QC, a Justice of the High Court and a chair of the Competition Appeal Tribunal (Tribunal). Sir Marcus has presided over leading cases in the U.K. on...more
UK class actions revived? The Court of Appeal breathes life into Merricks' £14 billion claim against MasterCard - The Court of Appeal has allowed Walter Merricks' appeal of the Competition Appeal Tribunal's (the "CAT")...more
In a landmark ruling the Court of Appeal has given another chance to a £14 billion class action against MasterCard. The first case of its kind, brought on behalf of 46 million UK consumers, stalled two years ago when the...more
While much attention has been paid to the maximum level of administrative fines under the General Data Protection Regulation (GDPR) — up to 4 percent of total worldwide annual turnover — the regulation also provides for...more