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
Printable PDFToday, the United States Supreme Court issued its opinion in AT&T Mobility LLC v. Concepcion, No.
Client Alert | April 27, 2011
The Seventh Circuit issued an important decision last week in Randall v. Rolls-Royce Corp., No. 10-3446 (7th Cir. Mar. 31, 2011) touching on several key class-certification issues that have split the courts of appeals and currently are before the Supreme Court in Wal-Mart Stores, Inc.
Client Alert | April 5, 2011
Los Angeles partner Gail Lees, San Francisco partner G. Charles Nierlich, Washington, D.C. partner Andrew Tulumello and Los Angeles partner Christopher Chorba are the authors of "A Return to the Wild West for Calif.
Client Alert | February 28, 2011
Printable PDFOn February 11, 2011, the California Supreme Court issued Pineda v. Williams-Sonoma Stores, Inc., 2011 WL 446921, -- Cal. 4th -- (Cal. Feb.
Client Alert | February 23, 2011
Judge Shira Scheindlin--author of the well-known Zubulake and Pension Committee opinions--has issued a new decision addressing (1) the acceptable format for the production of electronically stored information ("ESI"), (2) whether and to what extent parties must produce metadata, and (3) counsel's communication and cooperation obligations regarding these issues in the Rule 26(f) early meeting of counsel and elsewhere.
Client Alert | February 10, 2011
On January 28, 2011, the Delaware Supreme Court clarified in King v. VeriFone Holdings, Inc., Del. Supr., No. 330, 2010, that plaintiffs may in some circumstances inspect a corporation's books and records to bolster a derivative action complaint even after they have filed a lawsuit.
Client Alert | February 7, 2011
Printable PDF On January 21, 2011, the United States Court of Appeals for the Seventh Circuit ruled that a challenge to the operation of The Boeing Company's 401(k) plan had been improperly certified as a class action.
Client Alert | February 3, 2011
Los Angeles partner Julian W. Poon and associate Blaine H. Evanson are the authors of "Class Distinctions" [PDF] published in the February 2011 issue of Los Angeles Lawyer.
Article | February 1, 2011
Printable PDFCalifornia's Unfair Competition Law (Cal. Bus. & Prof.
Client Alert | January 31, 2011
In a significant development for those who may litigate in the Delaware Court of Chancery, that court has issued guidelines regarding preservation of electronically stored information in cases before it.
Client Alert | January 28, 2011
Printable PDFOn January 20, 2011, the D.C. Court of Appeals -- the District of Columbia's high court -- issued an en banc decision that significantly limits the scope of so-called "representative actions" under the D.C. Consumer Protection Procedures Act (CPPA). The court held that plaintiffs asserting claims under the CPPA must satisfy the standing requirements embodied in Article III of the U.S.
Client Alert | January 27, 2011
Like 2009, 2010 has witnessed frenetic activity in the class action bar. Continuing the trend of recent years, class action filings are up; the targets of class action lawsuits have expanded; and plaintiffs' firms that historically have focused on other areas are diversifying their portfolios by filing class suits in areas such as false advertising, consumer fraud, products liability, ERISA, and employment discrimination.
Client Alert | September 13, 2010
Los Angeles partner Julian Poon, associates Theane Evangelis Kapur and Blaine H. Evanson are the authors of "Aggregation or Stacking of Penalties or Punitive Measures" [PDF] published in ABA's book, chapter 19, A Practitioner's Guide to Class Actions.This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express or written consent of the American Bar Association.
Article | September 1, 2010
Los Angeles partner Christopher Chorba and associate Blaine Evanson are the authors of "Other Due Process Challenges To The Class Device," [PDF] published in the American Bar Association's A Practitioner's Guide to Class Actions, Chapter 30, in September 2010.
Article | September 1, 2010
Partner Andrew Tulumello and Dallas associate Mark Whitburn are the authors of "Res Judicata and Collateral Estoppel Issues in Class Litigation," [PDF] published in the American Bar Association's A Practitioner's Guide to Class Actions, Chapter 23, in September 2010.
Client Alert | September 1, 2010
Washington, D.C. partner Andrew Tulumello and associate Geoffrey Weien are the authors of "Multistate Class Actions and Choice of Law," [PDF] published in the American Bar Association's A Practitioner's Guide to Class Actions, Chapter 24, in September 2010.
Article | September 1, 2010
On July 19, 2010, the U.S. Court of Appeals for the Eleventh Circuit issued a decision that dramatically limits federal court jurisdiction over class actions initiated under the Class Action Fairness Act of 2005 (CAFA). In Cappuccitti v. DirecTV, No.
Client Alert | August 17, 2010
On April 27, 2010, the Supreme Court of the United States recognized an important limit on the availability of class action mechanisms in arbitration. In Stolt-Nielsen S.A.
Client Alert | May 3, 2010
On March 31, 2010, the Supreme Court of the United States expanded the range of class action litigation in federal court by ruling that certain class actions barred by state law may nevertheless proceed in federal court. In Shady Grove Orthopedic Associates, P.A.
Client Alert | April 2, 2010
On February 23, 2010, the United States Supreme Court held that the phrase "principal place of business" in the federal diversity jurisdiction statute refers to a corporation's "nerve center" or "the place where the corporation's high level officers direct, control, and coordinate the corporation's activities." Hertz Corp.
Client Alert | February 24, 2010
Plaintiffs Sanctioned for Failure to Implement Proper Litigation Hold and for Conducting Discovery in an "Ignorant and Indifferent Fashion"Although 2010 has just begun, there has already been a significant development in the area of electronic discovery. Judge Shira Scheindlin of the U.S.
Client Alert | January 14, 2010
San Francisco associate Rebecca Justice Lazarus is the author of "Discovery Prior To Class Certification: New Considerations And Challenges" [PDF] published in the January 7, 2010 issue of Mealey's Litigation Report: Class Actions.
Client Alert | January 7, 2010
On July 23, 2009, in an opinion authored by Chief Judge Anthony Scirica and joined by Judge Marjorie Rendell and Justice Sandra Day O'Connor (Ret.), the United States Court of Appeals for the Third Circuit issued a seminal decision regarding class certification pursuant to Rule 23(b)(2) and employment cases generally. Hohider v. United Parcel Service, Inc., No.
Client Alert | July 24, 2009
Last week, the U.S. Court of Appeals for the Ninth Circuit issued three published opinions that should help defendants challenge labor-and-employment and other types of class actions: (1) Vinole v. Countrywide Home Loans, Inc., No.
Client Alert | July 14, 2009
As the inauguration of Barack Obama in January 2009 ushered in a new U.S.
Client Alert | July 7, 2009
San Francisco associates Matthew S. Kahn and Matthew L. Berde are the authors of "Considering Coupons" published in the May 27, 2009 issue of the Daily Journal.
Client Alert | May 27, 2009
California's Unfair Competition Law (Cal. Bus. & Prof.
Client Alert | May 26, 2009
Washington, D.C. partner Andrew Tulumello, New York partner Aric Wu and Washington, D.C. associate Brian D. Boone are the authors of "Will 'Bridge' Lead to More RICO Fraud-Based Certifications?" [PDF] published in the May 18, 2009 issue of the New York Law Journal.
Client Alert | May 18, 2009
Los Angeles partner Julian W. Poon is the authors of "Tenth Circuit Clarifies Loss Causation Burden" [PDF] published in the May/June 2009 issue of ABA's Business Law Today.
Client Alert | May 4, 2009
On April 20, 2009, the Supreme Court of California narrowed the scope of California's Consumers Legal Remedies Act ("CLRA") by holding in a unanimous opinion that life insurance is not a "good" or "service" subject to the CLRA. Fairbanks v. Superior Court (Farmers New World Life Ins.
Client Alert | April 27, 2009
Los Angeles partner Gail E. Lees, Washington, D.C. partner Andrew S. Tulumello, San Francisco partner Charles Nierlich, Dallas associate Mark Whitburn and Los Angeles associate Christopher Chorba are the authors of "2009: First-Quarter Update on Class Action Trends" [PDF] published in the April 24, 2009 issue of BNA's Class Action Litigation Report.Reproduced with permission from Class Action Litigation Report, 10 CLASS 399 (Apr.
Client Alert | April 24, 2009
Los Angeles partner Julian W. Poon and associates Blaine H. Evanson and William K. Pao are the authors of "Interlocutory Appellate Review of Class-Certification Rulings under Rule 23(f): Do Articulated Standards Matter?" [PDF] published in the Winter 2009 issue of DRI's Certworthy Newsletter.
Article | March 31, 2009
On Wednesday, March 4, 2009, the Supreme Court released a decision holding that federal approval of labels giving warnings about the effects of drugs does not pre-empt lawsuits bringing state law claims of inadequate warnings.
Client Alert | March 10, 2009
We issued a Client Alert on February 19, 2009 on the Tenth Circuit opinion setting forth a robust analysis of the loss causation burden under the federal securities laws.
Client Alert | March 3, 2009
IntroductionClass action lawsuits are an increasingly pervasive force in today's business world. Defending and defeating these cases efficiently and prudently is a top priority for many in-house legal teams and their outside counsel. This year-end update reports on key trends in class action practice. It provides an overview of Rule 23, reviews key class action decisions from 2008, and identifies important class action issues likely to be litigated in 2009 and in the years ahead.The number of class actions has grown exponentially in recent years. Although reliable numbers are hard to come by, Federal Judicial Center statistics suggest that new class action cases filed in or removed to federal court increased 72% between 2001 and 2007, reaching approximately 4,000
Client Alert | February 10, 2009
I. Introduction Today's headlines are riddled with allegations of fraud and fraudulent schemes--against investors, markets, homeowners, individuals, corporations, and the government.
Client Alert | January 8, 2009
By any measure, 2008 was a monster year in Foreign Corrupt Practices Act ("FCPA") enforcement. With thirty-three enforcement actions between the Department of Justice ("DOJ") and Securities and Exchange Commission ("SEC"), the statute's dual enforcers, 2008 was the second busiest numerical year on the books, trailing only 2007. But beyond the numbers (after all, with the massive Siemens resolution, 2008 dwarfs all other years combined in fines and disgorgement), 2008 saw the FCPA's enforcement regime mature like never before. There were no unimportant FCPA enforcement actions this year. Whether the trend was increasingly aggressive enforcement against individuals, ramped up international coordination, the joining of FCPA prosecutions wi
Client Alert | January 5, 2009
Washington, D.C. partner Mark A. Perry and of counsel Paul Blankenstein are the authors of "The Inapplicability of Rule 23(b)(1) to ERISA Class Actions" [PDF] published in the December 5, 2008 issue of BNA Inc.'s Workplace Law Report.
Client Alert | December 5, 2008
On July 7, 2008, the U.S. District Court for the Southern District of New York became one of the first courts to apply the United States Supreme Court's recent decision in Hall Street Associates, LLC v. Mattel, Inc., 128 S.
Client Alert | October 7, 2008
Los Angeles of counsel William E. Thomson and associate Kahn A. Scolnick are the authors of "The Supreme Court Sets New Punitive Damage Limits Under Federal Common Law" [PDF] published in the October 2008 issue of Class Action Watch.
Client Alert | October 1, 2008
On August 1, 2008, the United States Court of Appeals for the Seventh Circuit decided an issue of first impression and held that the determination of whether an action is a "mass action" under the Class Action Fairness Act of 2005 ("CAFA") can be made at any stage of the proceedings, including when the suit is first filed.
Client Alert | August 12, 2008
The frenetic pace of Foreign Corrupt Practices Act ("FCPA") enforcement set in 2007 has carried through the first half of 2008. Mid-year prosecutions are up – substantially so – from last year's record-setting totals. And corporate disclosures and media reports of ongoing investigations evidence that this trend of continually increasing enforcement is here to stay for the near future. This client update provides an overview of the FCPA and other foreign bribery enforcement activities during the first half of 2008, a discussion of the trends we see from that activity, and practical guidance to help companies avoid or limit liability under these laws. A collection of Gibson Dunn's publications on the FCPA, including prior enforcement updates and more in-
Client Alert | July 7, 2008
On June 25, 2008, the Supreme Court issued an important decision clarifying the standards for punitive damages review under federal common law. In an opinion authored by Justice Souter (in which Chief Justice Roberts and Justices Scalia, Kennedy, and Thomas joined, and Justices Stevens, Ginsburg and Breyer joined in part), the Court vacated a $2.5 billion punitive damages award as excessive under federal maritime common law, and set an upper limit on such awards of a 1:1 punitive-to-compensatory damages ratio. In Exxon Shipping Co., et al.
Client Alert | June 26, 2008
Los Angeles Of Counsel William E. Thomson is the author of "Foreign Torts and the Commerce Clause: Territorial Limitations On State Power To Impose Punitive Damages" [PDF] which appeared in the Spring 2008 issue of the ABA Mass Torts newsletter. Reprinted with permission, © 2008, ABA Publications.
Client Alert | May 13, 2008
On April 4, 2008, the United States Court of Appeals for the Ninth Circuit reversed the much-discussed Oregon federal court decision, United States v. Stringer, which had dismissed a criminal indictment due to the government's violation of the defendant's due process rights resulting from "egregious" behavior in conducting a parallel civil-criminal investigation.
Client Alert | April 14, 2008
On February 20, the Supreme Court of the United States issued an 8-1 decision in Preston v. Ferrer, which held that when parties agree to arbitrate all questions arising under a contract, the Federal Arbitration Act (FAA) supersedes state laws lodging primary jurisdiction in another forum, whether judicial or administrative.
Client Alert | February 27, 2008
The Supreme Court's decision last week in LaRue v. DeWolff, Boberg & Associates, No. 06-856, slip op. (U.S. 2008), addressed the first of several issues that have divided the courts in ERISA "stock drop" cases, which concern losses to company 401(k) plans resulting from downturns in the company's stock.The defendant employer in the case, DeWolff, maintained a 401(k) plan in which plaintiff LaRue had been a participant.
Client Alert | February 25, 2008
New York associates Farrah Pepper and Matthew Kahn are the authors of "Offensive E-Discovery Depositions: Is There a Defense?" [PDF] published in the November 1, 2007 issue of Digital Discovery & Evidence (BNA).
Client Alert | November 1, 2007