Washington, D.C. partner Mark Perry is the author of "Spokeo and Absent Class Member Standing" [PDF] published on August 12, 2016 by Bloomberg BNA's Class Action Litigation Report.
Article | August 12, 2016
Los Angeles partner Theane Evangelis, and associates Daniel Adler and Lauren Blas are the authors of "The Consumer Financial Protection Bureau and the Future of Class Action Waivers" [PDF] published on July 8, 2016 by Bloomberg BNA's Class Action Litigation Report.
Article | July 7, 2016
On May 16, 2016, the Supreme Court issued Spokeo, Inc.
Client Alert | May 17, 2016
Dallas associate Olivia Adendorff is the author of "Plaintiffs Face High Class Cert. Bar In Antitrust Cases" [PDF] published on February 8, 2016 by Law360.
Article | February 8, 2016
For both courts and litigants alike, class actions continued to dominate the litigation landscape in 2015. By most accounts, companies are facing greater-than-ever monetary and reputational exposure from these lawsuits. A recent survey of several hundred corporations reported that 54% of all major companies are currently engaged in class litigation, that the number of "bet the company" matters--valued at tens of billions of dollars or more in exposure--more than tripled in the last four years, and that companies dedicated 10% of their entire litigation spend on defending class actions. It is likely not a coincidence that during this same four-year period between 2011 and 2015, the U.S.
Client Alert | February 1, 2016
Denver associate Timothy Zimmerman is the author of "U.S. Supreme Court Hears Argument in Big Data Case with Far-Reaching Implications" [PDF] published on November 9, 2015 by Law Week Colorado.
Article | November 9, 2015
Los Angeles partners Katherine Smith and Jesse Cripps are the authors of "Summary Judgment Strategies In Class, Collective Actions" [PDF] published on October 21, 2015 by Law360.
Article | October 21, 2015
On October 7, 2015, the United States Consumer Financial Protection Bureau announced that it is "launch[ing] a rulemaking process" that is intended to impede the use of "pre-dispute arbitration agreements for consumer financial products and services." The proposal currently under consideration by the Bureau would (1) "prohibit companies from blocking group lawsuits through the use of arbitration clauses in their contracts;" and (2) "require companies to send to the Bureau all filings made by or against them in consumer financial arbitration disputes" and any resulting decisions, "which might be made public."
Client Alert | October 13, 2015
The UK Consumer Rights Act 2015 ("the CRA") came into force on 1 October 2015, fundamentally transforming the cartel claims environment in the UK, and introducing class actions (as US litigators might understand the term) for the first time to English law.Schedule 8 of the CRA creates a new collective proceedings regime for damages claims before the Competition Appeals Tribunal ("the CAT").
Client Alert | October 2, 2015
Los Angeles partner Theane Evangelis and Washington D.C. partner Cynthia Richman are the authors of "The Need to Establish Absent Class Member Standing in Antitrust Class Actions" [PDF] published in the October 2015 issue of The Antitrust Source.
Article | October 1, 2015
Washington D.C. partner Theodore B. Olson and associate Lucas C. Townsend are the authors of "Supreme Court Should Use Trio of Cases to Reaffirm That Uninjured Plaintiffs Have No Place in Class Actions" [PDF] published on September 25, 2015 by Washington Legal Foundation.
Article | September 25, 2015
Progress on Some Fronts, But Significant Dangers Remain, and New Dangers EmergeE-discovery remains an incredibly rich and rapidly developing field, as the many developments on which we report from just the first half of 2015 attest.
Client Alert | July 15, 2015
Los Angeles partner Blaine Evanson and associate Bradley Hamburger are the authors of “Judging uninjured plaintiffs’ standing” [PDF] published in the April 29, 2015 issue of the Daily Journal.
Article | April 29, 2015
Concerns about cybersecurity and data privacy have exploded into the public consciousness in recent years, accompanied by a host of new and rapidly developing legal issues.
Client Alert | February 17, 2015
In 2014, with the dust finally starting to settle following the Supreme Court's blockbuster class action rulings in Wal-Mart Stores, Inc. v. Dukes and Comcast Corp.
Client Alert | January 30, 2015
On January 12, 2015, the United States Court of Appeals for the Second Circuit issued an unprecedented decision holding that a company's failure to disclose a known trend or uncertainty in its Form 10-Q filings, as required by Item 303 of SEC Regulation S-K, can give rise to liability under Section 10(b) of the Securities Exchange Act of 1934.
Client Alert | January 22, 2015
In our Mid-Year E-Discovery Update, we reported that 2014 was shaping up to be the "year of technology" in e-discovery. The remainder of the year more than lived up to those expectations.
Client Alert | January 20, 2015
An important new Ninth Circuit case holds that class action settlements may limit the remedies available in subsequently filed state enforcement actions. In California v. IntelliGender, Case No.
Client Alert | November 13, 2014
Washington, D.C. partner Michael Murphy and associate David Fotouhi are the authors of "11th Circ. Message: Be Careful With Lone Pine Orders" [PDF] published by Law360 at www.law360.com on November 10, 2014.
Article | November 10, 2014
Los Angeles partner Julian W. Poon, associates Blaine H. Evanson and Bradley J. Hamburger are authors of "Emerging Issues in the Law of Class Certification" [PDF] published in the October 24, 2014 issue of Bloomberg/BNA's Class Action Litigation Report.
Article | October 24, 2014
Los Angeles associates Blaine Evanson and Brandon Stoker are the authors of “Duran, Due Process, and the Class Action Device” [PDF] published in the Summer 2014 issue of the ABTL Report.
Article | August 6, 2014
Washington, D.C. partner Peter Seley and associates Stacie Fletcher and Rohan Pai are the authors of “Dukes May Have Doomed Toxic Tort Class Certification” [PDF] published by Law360 on July 30, 2014.
Article | July 30, 2014
New York partner Andrea Neuman and associates Jason Stavers and Rachel Brook are the authors of “Employing U.S. Subpoena Power in Support of Foreign Litigation: Chevron Corp.
Client Alert | July 14, 2014
On May 29, 2014, the California Supreme Court in Duran v. U.S.
Client Alert | May 30, 2014
Los Angeles partner Chris Chorba and associates Blaine Evanson, Babak Lalezari and Brandon Stoker are the authors of “The Changed Landscape of Businesses’ Right to Enforce Arbitration Agreements: A Survey of Class Actions Involving Petitions to Compel Arbitration After Concepcion” [PDF] published in the November 22, 2013 issue of Bloomberg BNA’s Class Litigation Report.
Article | November 22, 2013
Los Angeles partner Michael Farhang and Palo Alto associate Susannah Wright are the authors of "When a Whistleblower Walks: Dodd-Frank and the Challenges That Employee Departures Present" [PDF] published in the August 19, 2013 issue of Bloomberg BNA's Pension & Benefits Daily.Reproduced with permission from Pension & Benefits Daily, 160 PBD, 08/19/2013.
Client Alert | August 19, 2013
On June 27, 2013, the United States Court of Appeals for the Second Circuit issued an opinion addressing the "unsettled question" of whether the tolling principles of American Pipe & Construction Co.
Client Alert | July 8, 2013
On June 20, 2013, in American Express Corp. v. Italian Colors Restaurant, (No. 12-133), the United States Supreme Court held that a party cannot escape individual, non-class arbitration by asserting that class action procedures are necessary to effectively prosecute the claim.
Client Alert | June 25, 2013
Since the passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act, (Dodd-Frank Act), Gibson Dunn has been monitoring regulatory developments that affect our clients, including developments at the Consumer Financial Protection Bureau (CFPB or the Bureau).
Client Alert | June 5, 2013
As we have seen in 2012 and now in 2013, the attention paid to cyber-security has reached new heights--hacking, data privacy, and cyber-espionage have continued their prominence in daily headlines, but cyber-security took on unprecedented importance when President Obama focused on it in his State of the Union address. Announcing a new executive order to increase sharing of critical cyber information and calling for legislative action to protect our networks and data, President Obama explained:America must also face the rapidly growing threat from cyber-attacks.
Client Alert | April 16, 2013
On March 19, 2013, the U.S. Supreme Court unanimously held that a putative class representative may not evade federal jurisdiction under the Class Action Fairness Act of 2005 ("CAFA") by attempting to stipulate that the class will not seek to recover more than $5 million. In an opinion authored by Justice Breyer in Standard Fire Insurance Co.
Client Alert | March 20, 2013
On March 12, 2013, the Federal Trade Commission ("FTC") updated its advertising disclosure guidelines for mobile and other online advertisers. The new guidance, .com Disclosures: How to Make Effective Disclosures in Digital Advertising, explains how advertisers can make disclosures "clear and conspicuous" to avoid deceiving consumers.
Client Alert | March 14, 2013
On February 27, 2013, the U.S. Supreme Court held that, in securities class actions challenging false or misleading statements, the plaintiff need not prove that the alleged misstatements were material in order to obtain class certification using the so-called fraud-on-the-market presumption of reliance.
Client Alert | March 1, 2013
In the 35-year period from 1974 through 2009, the United States Supreme Court decided fewer than a dozen cases involving core class action issues. All that has changed in the last few years, with the Supreme Court increasingly taking cases presenting major class action questions.
Client Alert | February 20, 2013
Los Angeles partner Julian Poon and associate Blaine Evanson are the authors of “The “Next Wave” of Class Certification Issues” [PDF] published in the December 14, 2012 issue of Bloomberg/BNA's Class Action Litigation Report.
Article | December 14, 2012
New York partner James Hallowell and associate Stephen Henrick are the authors of “Chancery Court Continues Close Scrutiny in Section 220 Actions” [PDF] published in the November 28, 2012 issue of the Delaware Business Court Insider.
Client Alert | November 28, 2012
Washington, D.C. partner Mark Perry is the author of "Due Process Limitations on Aggregating Claims Under State Procedural Law" [PDF] published in the September 14, 2012 issue of Bloomberg BNA's Class Action Litigation Report.Reproduced with permission from Class Action Litigation Report, 13 CLASS 1013, 09/14/2012.
Client Alert | September 14, 2012
Companies with customers in California are facing an increasing number of class action suits seeking significant sums in statutory damages, attorney's fees and costs under California's "Shine the Light" law, a part of California's Consumer Records Act.
Client Alert | September 5, 2012
Los Angeles partner Christopher Chorba and associate Lauren Eber are the authors of "Crafting a Successful E-Mail Notification Program" [PDF] published in the May 2012 issue of The Review of Banking & Financial Services.
Client Alert | May 1, 2012
On April 12, 2012, the California Supreme Court issued a much-anticipated decision in Brinker Restaurant Corporation v. Superior Court, No.
Client Alert | April 13, 2012
The pace of data privacy and security legal events accelerated in 2011, as the global economy became increasingly dependent on online, mobile and server-based platforms and networks.
Client Alert | February 7, 2012
Los Angeles partner Jesse Cripps is the author of "A New Battlefield" [PDF] published in the February 2012 issue of California Lawyer.
Client Alert | February 1, 2012
The business world and class action litigators on both sides of the courtroom will remember 2011 for its blockbuster Supreme Court decisions and the sea changes they wrought. But the waters were roiled in disparate venues across the country as well, so that companies facing class action litigation in 2012 will indeed be doing so in a new world. In this new world, they will have powerful weapons available to them that should help level the playing field--among them: (1) the possibility of obtaining dismissal of a class action because of the applicability of an arbitration clause that waives class action rights; (2) the elimination of the use of federal Rule 23(b)(2) to circumvent obstacles to certification of a damages class; (3) an all-important clarif
Client Alert | January 30, 2012
Los Angeles partner David Battaglia is the author of “Review Your Arbitration Provisions Now: Practical Considerations After the U.S. Supreme Court Decision in AT&T Mobility v. Concepcion” [PDF] published in the Winter 2012 issue of The Corporate Counselor.
Client Alert | January 1, 2012
On September 20, 2011, Judge Lucy H. Koh of the United States District Court for the Northern District of California issued an order in In re iPhone Application Litigation, Case No.
Client Alert | September 27, 2011
Washington, D.C. partner Mark Perry and Los Angeles associate Blaine Evanson are the authors of "Challenging the Presumption of Reliance on Class Certification after Halliburton and Wal-Mart" [PDF] published in the August 2011 issue of Thomson Reuters' Wall Street Lawyer.
Article | August 1, 2011
Shareholders may state a derivative claim for insider trading without alleging injury to the company--so held the Delaware Supreme Court in an opinion it recently issued in Kahn v. Kohlberg Kravis Roberts & Co., L.P., No.
Client Alert | July 5, 2011
In a ruling that could spur a new wave of wage and hour class action litigation, the Supreme Court of California unanimously held in Sullivan v. Oracle Corp.
Client Alert | July 5, 2011
On June 20, 2011, the U.S. Supreme Court unanimously reversed the Ninth Circuit and held that the largest employment class action ever certified cannot proceed.
Client Alert | June 21, 2011
With its May 24, 2011 decision in Simonoff v. Expedia, Inc., No. 10-3559 (9th Cir.
Client Alert | June 2, 2011