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Defense Strategies Class Action

Womble Bond Dickinson

Effective Use of Motions To Deny Class Certification

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Class action defendants who have a strong basis for defeating class certification need not wait around until the plaintiffs move to certify a class before putting the issue to the test. In some instances, a more strategic and...more

Venable LLP

Mitigating Class Action Exposure: An Excerpt from the Advertising Law Tool Kit

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When it comes to mitigating the risk of class action lawsuits, the best offense is a good defense. Companies can take many steps to reduce their exposure to class action litigation before it happens, including the tactics...more

Benesch

Dispute Over Whether TCPA Litigator Invited Calls Make Her “Inadequate” to Represent Class

Benesch on

In the realm of TCPA class actions, the Central District of California’s decision in Wiley v. Am. Fin. Network, Inc. serves as a noteworthy (and positive) development. And it offers a blueprint for corporate defendants...more

BCLP

VPPA Trends: Considerations for Limiting Exposure

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In recent months, organizations have been dealing with an emerging wave of lawsuits from an unexpected source: the VPPA. The Video Privacy Protection Act (“VPPA”), originally intended to prevent “wrongful disclosures” of...more

BakerHostetler

DSIR Deeper Dive: A New Wave of Privacy Class Actions Targets Hospital Website Analytics Tools

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As with many websites, hospitals often deploy third-party analytics tools to measure browser traffic in order to increase awareness of their websites, ensure website optimization and provide health care information to the...more

Goodwin

California Invasion of Privacy Act (CIPA) Decisions Continue to Create Uncertainty for Websites Using Third-Party Technology

Goodwin on

The pace of internet consumer privacy class action litigation is skyrocketing. Remarkably, no specific legislative change in the law triggered the increase in litigation. Instead, the driver of this litigation explosion — in...more

Carlton Fields

Class Action Survey: Did Class Action Defense Spending in 2022 Continue Its Upward Trend?

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Companies increased the percentage of their legal budgets allocated to class actions to 14.4%, up from 13% two years ago. For the first time, spending on class actions increased to more than $3.5 billion, according to the...more

Robinson+Cole Class Actions Insider

Ninth Circuit Reiterates That Individualized Defenses Matter When Deciding Class Certification

A recent Ninth Circuit decision illustrates how defendants can use evidence on an individualized defense to potentially defeat class certification. In Van v. LLR, Inc., — F.4th –, 2023 WL 2469909 (9th Cir. Mar. 13, 2023),...more

Holland & Knight LLP

Food and Beverage Labeling Defense Strategies

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A trio of recent cases challenging disparate food and beverage labels offers a few common substantive and procedural lessons for companies. First, the back panels – when considered in light of U.S. Food and Drug...more

BakerHostetler

Insurance Class Action Update - 2022 Q4

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The end of this past year witnessed further development of total loss, uninsured/underinsured motorist (UM/UIM) and COVID premium rebate class actions, along with movement in new(er) property and casualty class actions...more

Nelson Mullins Riley & Scarborough LLP

PLAC MDL Task Force Comment Letter to MDL Subcommittee of the Advisory Committee on Civil Rules

As an organization representing many target defendants in mass tort MDLs, including some of the largest MDLs on the federal docket, the Product Liability Advisory Council is uniquely positioned to serve as a voice for the...more

Hinshaw & Culbertson - Insights for Insurers

The Social Inflation Survival Guide: Identifying and Surviving the Dangerous Triple Barrel Threat of Social Inflation, Economic...

This White Paper takes a comprehensive look at social inflation, identifying the causes, scope, and costs of social inflation. It also examines the risks and challenges insurers and their policyholders confront as a result...more

McDermott Will & Emery

[Event] Consumer Protection: Establishing and Protecting Your Competitive Position - November 10th, Chicago, IL

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As consumer-facing product and service companies go head-to-head in an increasingly competitive marketplace, the risks of doing business are higher than ever before. Whether marketing your products to generate the highest...more

Wyrick Robbins Yates & Ponton LLP

Staying on the Front Foot in the Face of Mass Arbitrations

Introduction - For many of us, fall means football.  And regardless of whether your football flavor is the American pigskin variety, or the beautiful game we call soccer in the United States, you can appreciate the...more

Venable LLP

[Webinar] Dark Patterns: Are They as Shady as Everyone Claims? - July 19th, 2:00 pm - 3:00 pm ET

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Although the concept is not new, challenges to “dark patterns” are rising all over the country. The Federal Trade Commission, Consumer Financial Protection Bureau, state attorneys general, and class action plaintiffs...more

UB Greensfelder LLP

A Class Action Was Just Filed – Now What?

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A 10-Point Response Plan - The company was just sued in a putative class action. Now what? The following 10-point response plan broadly outlines the initial steps to implementing a comprehensive class action defense,...more

Seyfarth Shaw LLP

The 2021-2022 Judicial Hellholes Report On The Worst Jurisdictions For Defendants

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Seyfarth Synopsis: On an annual basis the American Tort Reform Association (“ATRA”) publishes its “Judicial Hellholes Report.” The Report focuses on litigation issues in state court systems and challenges for corporate...more

Hogan Lovells

Impact of the Italian class action reform on financial institutions

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The 2021 Italian class action law reform may entail increased litigation involving financial institutions in traditional areas as well as in cybersecurity and data breach instances and cryptocurrency-related disputes. The...more

Carlton Fields

CF on Cyber: An Update on the Florida Security of Communications Act (FSCA)

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Since the beginning of 2021, more than two dozen class action cases have been filed in Florida state court under Florida's Security of Communications Act. The act has, in some form, been on the books for more than 50 years....more

Fox Rothschild LLP

Attacking The Lead/Named Plaintiff As An Inappropriate Class Representative: Another Arrow In The Employer’s Quiver

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One tactic to defeat a class action is to assert that the named plaintiff is not an appropriate or proper representative for the class. These initiatives are not often successful, but defense counsel should always be looking...more

Kelley Drye & Warren LLP

[Webinar] Tips from the Experts – Defending TCPA Lawsuits – Using Data Analysis Strategies and Support - April 29th, 2:00 pm ET

If you communicate with clients and prospects through phone call, text message, or fax campaigns, you are certainly familiar with the Telephone Consumer Protection Act (TCPA) that applies to these and other areas of direct...more

Akin Gump Strauss Hauer & Feld LLP

[Podcast] 2020 CCPA Litigation Report – Analyzing the First Year of Litigation

In this episode, Akin Gump cybersecurity, privacy and data protection practice co-heads Natasha Kohne and Michelle Reed, and counsel Molly Whitman discuss the firm’s new 2020 CCPA Litigation Annual Report and its...more

Holland & Knight LLP

A New Wave of Class Action Lawsuits is Targeting Online Customer Tracking

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Plaintiffs' firms routinely attempt to assert old laws in new ways. One of the latest trends is the use of federal and state anti-wiretap laws as a vehicle to sue software developers and businesses for the use of ubiquitous...more

American Conference Institute (ACI)

[Virtual Event] Advanced Legal, Regulatory and Compliance Forum on Over the Counter Drugs - February 26th, 9:00 am - 5:45 pm EST

A comprehensive guide to the latest developments affecting non-prescription drug products under Monograph Reform. American Conference Institute’s Advanced Legal, Regulatory and Compliance Forum on Over-the-Counter Drugs will...more

American Conference Institute (ACI)

[Virtual Event] 2nd National Forum on COVID-19 Liability for Long-Term Care and Senior Care Providers - February 2nd, 8:30 am -...

Join key industry stakeholders for a state of the union on COVID-19 related lawsuits, and an assessment of causes of action & defense preparation strategies. ACI’s 2nd National Forum COVID-19 Liability for Long-Term Care...more

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