Class Actions

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Second Quarter 2022 Update on Class Actions

This update provides an overview of key class action-related developments during the second quarter of 2022 (April through June).

Client Alert | July 28, 2022

Supreme Court Holds That The Federal Arbitration Act Requires Enforcement Of Agreements To Arbitrate Individual Claims Under California’s Labor Code Private Attorneys General Act

On June 15, 2022, the Supreme Court held that individual claims arising under California’s Labor Code Private Attorneys General Act can be compelled to arbitration.

Client Alert | June 15, 2022

Supreme Court Holds That Airline Cargo Loaders Are Exempt From The Federal Arbitration Act

On June 6, 2022, the Supreme Court held that a ramp agent supervisor whose work frequently requires her to move baggage and other cargo on and off airplanes is a transportation worker exempt from the Federal Arbitration Act’s provisions requiring enforcement of arbitration agreements.

Client Alert | June 6, 2022

Webcast: Supreme Court Roundup: 2020-2021 Terms

The webcast provides analysis of the significant and high-profile cases before the Supreme Court this Term, including those affecting the business community.

Webcasts | January 13, 2022

Webcast: The Rise of International Class and Collective Actions

Class actions have gradually taken root outside the US in recent years. We highlight common pitfalls and early advocacy problems that defendants typically face in these new regimes and provide an overview in which direction international class actions will develop in the years to come.

Webcasts | January 13, 2022

Supreme Court Holds Prejudice Not Required To Show Party Waived Right to Arbitrate

Today, the Supreme Court held 9-0 that prejudice is not required to show that a party waived the right to arbitrate.

Client Alert | May 23, 2022

Webcast: Managing Purchase Price Adjustment Disputes

In this recorded webcast, Gibson Dunn lawyers and an accounting expert examine purchase price adjustments in detail. The webcast includes discussions of the following: - A review of the issues that arise in negotiating purchase price adjustment provisions, and drafting tips for corporate counsel - A discussion of the common sources of post-closing adjustment disputes, and accountants’ views on how these disputes may be resolved - A litigator’s views on litigating purchase price adjustment disputes

Webcasts | May 10, 2022

First Quarter 2022 Update on Class Actions

This update provides an overview of key class-action-related developments during the first quarter of 2022 (January through March).

Client Alert | April 28, 2022

The FTC’s Foray Into Worker Classification Is Misguided and Unlawful

Los Angeles partner Michael Holecek and Washington, D.C. associates Andrew Kilberg and Logan Billman are the authors of "The FTC’s Foray Into Worker Classification Is Misguided and Unlawful" published by The National Law Journal on April 12, 2022.

Article | April 14, 2022

Ninth Circuit Issues Important En Banc Opinion Regarding Class Certification Issues

On April 8, 2022, the Ninth Circuit released a significant en banc opinion in Olean Wholesale Grocery v. Bumble Bee Foods, — F.4th —, 2022 WL 1053459 (9th Cir. Apr. 8, 2022) (en banc), that addresses numerous key class certification issues, including the evidentiary burden for a plaintiff seeking class certification, the assessment of expert testimony at the class certification stage, and the interplay between Rule 23 and injury and Article III standing.

Client Alert | April 11, 2022

Supreme Court Limits Federal Jurisdiction To Confirm Or Vacate Arbitral Awards

On March 31, 2022, the Supreme Court held 8-1 that federal jurisdiction to confirm or vacate an arbitral award under Sections 9 and 10 of the Federal Arbitration Act must exist independent of the underlying controversy - that is, courts cannot “look through” to the underlying dispute to establish federal subject-matter jurisdiction.

Client Alert | March 31, 2022

2021 ERISA Litigation Update

This year’s Annual ERISA Litigation Update summarizes key legal opinions and developments to assist plan sponsors and administrators navigating the rapidly changing ERISA litigation landscape.

Client Alert | February 22, 2022

Congress Implements Restrictions on Employment Agreements That Require Arbitration of Sexual Assault or Harassment Claims

In what one Member of Congress described as “the most significant labor legislation of this century,” Congress just passed a bill that would allow employees to avoid enforcement of any pre-dispute agreements that require employees to arbitrate sexual assault or harassment claims, which President Biden seems prepared to sign into law.

Client Alert | February 11, 2022

Three Gibson Dunn Cases Named Top Verdicts of the Year 2021

The Daily Journal recognized three Gibson Dunn wins in its annual feature on the Top Verdicts in California for 2021.

Firm News | February 11, 2022

Year-End and Fourth Quarter 2021 Update on Class Actions

This update provides an overview and summary of key class action developments during the fourth quarter of 2021 (October through December).

Client Alert | January 27, 2022

Gibson Dunn Named a 2021 Firm of the Year

Law360 named Gibson Dunn a Firm of the Year for 2021 in its January 17, 2022 article "The Firms That Dominated in 2021,” featuring nine firms that received the most Practice Group of the Year awards.

Firm News | January 19, 2022

Third Quarter 2021 Update on Class Actions

This update provides an overview of key class action developments during the third quarter of 2021. 

Client Alert | November 2, 2021

Law360 Names Six Gibson Dunn Partners as 2021 MVPs

Law360 named six Gibson Dunn partners among its 2021 MVPs. The Law360 MVP Awards feature lawyers who have “distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.” The list was published on August 30, 2021.

Firm News | September 8, 2021

Second Quarter 2021 Update on Class Actions

Gibson Dunn lawyers examine key class action developments during the second quarter of 2021, particularly court decisions surrounding Article III standing.

Client Alert | August 23, 2021

Bradley Hamburger Named a Top Lawyer Under 40 in California

The Daily Journal named Los Angeles partner Bradley Hamburger among California’s top 40 lawyers under age 40. The profile was published on July 28, 2021.

Firm News | July 28, 2021

Supreme Court Holds That Article III Requires All Class Members To Prove An Injury In Fact To Recover Damages

Today, the Supreme Court ruled 5-4 that every member of a class certified under Rule 23 must establish Article III standing in order to be awarded individual damages.

Client Alert | June 25, 2021

A modest proposal: Amend FRAP to permit reply briefs in support of petitions for permission to appeal

Los Angeles partner Bradley Hamburger and associate Jeremy Smith are the authors of "A modest proposal: Amend FRAP to permit reply briefs in support of petitions for permission to appeal" [PDF] published by the Daily Journal on May 26, 2021.

Article | June 7, 2021

As Mass Arbitrations Proliferate, Companies Have Deployed Strategies for Deterring and Defending Against Them

Mass arbitrations can create significant cost and risk for a company.  Being proactive and drafting an arbitration agreement with an eye toward mass arbitration can help reduce that cost and risk.

Client Alert | May 24, 2021

Don’t turn classrooms into courtrooms and retraumatize victims

Los Angeles partner Theane Evangelis is the author of "Don't turn classrooms into courtrooms and retraumatize victims," [PDF] published by the Daily Journal on April 28, 2021.

Publications | May 4, 2021

First Quarter 2021 Update on Class Actions

Gibson Dunn lawyers provides an overview and summary of key class action developments during the first quarter of 2021.

Client Alert | April 28, 2021

Year-End and Fourth Quarter 2020 Update on Class Actions

Gibson Dunn's year-end 2020 report provides an update on the application of Article III in class and other complex litigation.

Client Alert | January 22, 2021

Third Quarter 2020 Update on Class Actions

This update provides an overview and summary of key class action developments during the third quarter of 2020 (July through September).

Client Alert | November 10, 2020

Daily Journal Names Theane Evangelis and Carrie LeRoy Among 2020 Top Women Lawyers in California

The Daily Journal named Los Angeles partner Theane Evangelis and Palo Alto partner Carrie LeRoy to its 2020 list of Top Women Lawyers. The profiles were published on November 4, 2020.

Firm News | November 5, 2020

Numerosity Analysis Fix Can Improve Class Cert. Decisions

Dallas associate Bennett Rawicki is the author of "Numerosity Analysis Fix Can Improve Class Cert. Decisions," [PDF] published by Law360 on July 28, 2020.

Publications | July 28, 2020

Second Quarter 2020 Update on Class Actions

This update provides an overview and summary of key class action developments during the second quarter of 2020 (April through June). 

Client Alert | July 24, 2020

Best Lawyers in Germany 2021 Recognizes 19 Gibson Dunn Attorneys

Best Lawyers in Germany 2021 has recognized 19 Gibson Dunn attorneys as leading lawyers in their respective practice areas. Frankfurt attorneys recognized include: Alexander Klein – Banking and Finance Law; Jens-Olrik Murach – Competition/Antitrust Law, and Litigation; Dirk Oberbracht – Corporate Law, Mergers and Acquisitions Law, and Private Equity Law; Wilhelm Reinhardt – Corporate Law, and Mergers and Acquisitions Law; Sebastian Schoon – Banking and Finance Law; and Finn Zeidler – Arbitration and Mediation, Criminal Defense, and Litigation.

Firm News | June 26, 2020

9th Circ. Unequal Class Cert. Appeal Treatment Is Problematic

Los Angeles partner Bradley Hamburger, Los Angeles associate Lauren Blas and Washington, D.C. associate Kelley Pettus are the authors of "9th Circ. Unequal Class Cert.

Publications | June 23, 2020

Supreme Court Holds That ERISA Defined-Benefit Pension Plan Participants Do Not Have Article III Standing To Sue For Fiduciary Breach

On June 1, 2020, the Supreme Court held 5-4 that participants in defined-benefit pension plans lack Article III standing to sue under ERISA for alleged breach of fiduciary duties because, whether or not they prevail in the action, they will receive the same payments for the rest of their lives. 

Client Alert | June 1, 2020

Closed for COVID-19: Class Action Refund Lawsuits, Practical Considerations, & Potential Defenses

In the wake of closures and cancellations, consumer frustration has mounted, and scores of class action lawsuits have followed.  Gibson Dunn examines the industries facing these lawsuits, describes the theories that plaintiffs are asserting, and provides some practical considerations and potential defenses for these lawsuits.

Client Alert | May 19, 2020

Mitigating Class Action Exposure From COVID-19 Disruptions

Washington, D.C. partner Chantale Fiebig and associate Kelley Pettus are the authors of "Mitigating Class Action Exposure From COVID-19 Disruptions," [PDF] published by Law360 on May 13, 2020.

Publications | May 14, 2020

First Quarter 2020 Update on Class Actions

Gibson Dunn lawyers provide an overview and summary of key class action developments during the first quarter of 2020 (January through March).

Client Alert | April 24, 2020

Competitor Collaborations During COVID-19 Pandemic: Practical Antitrust Guidelines and an Update from the DOJ and FTC

Gibson Dunn lawyers provide practical guidance for companies considering competitor collaborations or discussing such plans with competitors during the COVID-19 pandemic, in compliance with antitrust and competition laws..

Client Alert | March 25, 2020

Law360 Names Gibson Dunn Among Its 2019 Class Action Practice Groups of the Year

Law360 named Gibson Dunn one of its six Class Action Groups of the Year for 2019. The firm’s Class Action practice was profiled on February 4, 2020.

Firm News | February 4, 2020

Year-End and Fourth Quarter 2019 Update on Class Actions

Gibson Dunn lawyers provide an overview and summary of key class action developments during the fourth quarter of 2019 (October through December).

Client Alert | January 31, 2020

Gibson Dunn Named a 2019 Law Firm of the Year

Law360 named Gibson Dunn a Firm of the Year for 2019 in its article, “The Firms That Dominated in 2019,” featuring seven firms that received the most Practice Group of the Year awards.

Firm News | January 13, 2020

Gibson Dunn Promotes 13 Lawyers to Partnership

Gibson, Dunn & Crutcher LLP is pleased to announce that the firm has elected 13 new partners, effective January 1, 2020. “We congratulate our new partners on this important and well-deserved professional achievement,” said Ken Doran, Chairman and Managing Partner of Gibson Dunn.

Press Releases | November 20, 2019

Law360 Names Nine Gibson Dunn Partners as 2019 MVPs

Law360 named nine Gibson Dunn partners among its 2019 MVPs and noted that Gibson Dunn was one of two law firms with the most MVPs this year. Law360 MVPs feature lawyers who have “distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.” The list was published on November 12, 2019.

Firm News | November 12, 2019

Third Quarter 2019 Update on Class Actions

This update provides an overview and summary of key class action developments during the third quarter of 2019 (July through September).

Client Alert | November 6, 2019

Gibson Dunn Lawyers Recognized in the Best Lawyers in America® 2020

The Best Lawyers in America® 2020 has recognized 158 Gibson Dunn attorneys in 54 practice areas. Additionally, 48 lawyers were recognized in Best Lawyers International in Belgium, Brazil, France, Germany, Singapore, United Arab Emirates and United Kingdom.

Firm News | August 15, 2019

Second Quarter 2019 Update on Class Actions

An overview and summary of key class action developments during the second quarter of 2019 (March through June).

Client Alert | July 25, 2019

Supreme Court Holds That Third-Party Defendants May Not Remove Class Action Counterclaims To Federal Court

On May 28, 2019, the Supreme Court held 5-4 that when a defendant in a state court action files a counterclaim against a third party as a class action, the third-party defendant may not remove the class action counterclaim to federal court.

Client Alert | May 28, 2019

First Quarter 2019 Update on Class Actions

This update provides an overview and summary of key class action developments during the first quarter of 2019 (January through March), as well as an important decision concerning class arbitration that the Supreme Court issued in April. 

Client Alert | May 14, 2019

Supreme Court Reaffirms Stolt-Nielsen And Holds That Class Arbitration Requires The Parties’ Unambiguous Consent

On April 24, 2019, the Supreme Court held 5-4 that the Federal Arbitration Act (FAA) preempts state laws that require class arbitration where an arbitration agreement is ambiguous as to whether the parties consented to such a procedure.

Client Alert | April 24, 2019

Supreme Court Remands Cy Pres-Only Class Action Settlement Question Over Standing Concerns

On March 20, 2019, the Supreme Court determined that questions concerning plaintiffs’ standing to challenge Google’s alleged violations of user privacy prevented the Court from deciding whether cy pres-only class action settlements are fair, reasonable, and adequate under Federal Rule of Civil Procedure 23(e).

Client Alert | March 20, 2019

So will a Martian invasion extend the Rule 23(f) deadline?

Los Angeles partner Christopher Chorba and associate Jeremy Smith are the authors of "So will a Martian invasion extend the Rule 23(f) deadline?" [PDF] published by The Daily Journal on March 13, 2019.

Publications | March 13, 2019

Supreme Court Holds That The Deadline For Filing Petitions For Permission To Appeal Class Certification Orders Is Not Subject To Equitable Tolling

On February 26, 2019, the U.S. Supreme Court held 9-0 that Federal Rule of Civil Procedure 23(f)’s 14-day deadline for filing a petition for permission to appeal an order granting or denying class certification is not subject to equitable tolling.

Client Alert | February 26, 2019

Webcast: Class Action Litigation in Europe: Recent Developments and Emerging Trends

A panel of Gibson Dunn partners from the United Kingdom, France, Germany, and the United States provide insights into emerging trends in class actions in Europe and offer practical guidance to in-house attorneys for managing associated risks.

Webcasts | January 23, 2019

Law360 Names Gibson Dunn Among Its Class Action 2018 Practice Groups of the Year

Law360 named Gibson Dunn one of its five Class Action Practice Groups of the Year [PDF] for 2018. The practice group was recognized “as a leader in ‘gig economy’ lawsuits.” The firm’s Class Action practice was profiled on January 22, 2019.

Firm News | January 22, 2019

Fourth Quarter 2018 Update on Class Actions

This update provides an overview and summary of key class action developments during the fourth quarter of 2018 (October through December). Part I summarizes amendments to Rule 23 that went into effect on December 1, 2018.

Publications | January 18, 2019

Gibson Dunn Named a 2018 Law Firm of the Year

Gibson, Dunn & Crutcher LLP is pleased to announce its selection by Law360 as a Law Firm of the Year for 2018, featuring the four firms that received the most Practice Group of the Year awards in its profile, “The Firms That Dominated in 2018.” [PDF] Of the four, Gibson Dunn “led the pack with 11 winning practice areas” for “successfully securing wins in bet-the-company matters and closing high-profile, big-ticket deals for clients throughout 2018.” The awards were published on January 13, 2019.

Firm News | January 13, 2019

Law360 Names Eight Gibson Dunn Partners as MVPs

Law360 named eight Gibson Dunn partners among its 2018 MVPs and noted that the firm had the most MVPs of any law firms this year. Law360 MVPs feature lawyers who have “distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.”

Firm News | November 28, 2018

Third Quarter 2018 Update on Class Actions

This update provides an overview and summary of significant class action developments during the third quarter of 2018 (July through September), as well as a brief look ahead to some of the key class action issues anticipated for the end of 2018 and into 2019.

Client Alert | October 24, 2018

Second Quarter 2018 Update on Class Actions

This update provides an overview and summary of significant class action developments during the second quarter of 2018 (April through June), as well as a brief look ahead to some of the key class action issues anticipated later this year.

Client Alert | July 18, 2018

Supreme Court Rejects Tolling Of Statute Of Limitations For Successive Class Actions

China Agritech Inc. v. Resh, No. 17-432 Decided June 11, 2018 Today, the Supreme Court held that the filing of a class action does not toll the statute of limitations for putative class members to file their own class actions.

Client Alert | June 11, 2018

A Better Method For Achieving Broader Class Action Reform

Los Angeles partners Kahn Scolnick and Bradley Hamburger are the authors of "A Better Method For Achieving Broader Class Action Reform," [PDF] published in Law360 on June 5, 2018.

Article | June 5, 2018

Supreme Court Upholds Agreements To Individually Arbitrate Employment-Related Disputes

Epic Systems Corp. v. Lewis, No. 16-285; Ernst & Young LLP v. Morris, No. 16-300; National Labor Relations Board v. Murphy Oil USA, No. 16-307 Decided May 21, 2018

Client Alert | May 21, 2018

First Quarter 2018 Update on Class Actions

This update provides an overview and summary of significant class action developments during the first quarter of 2018 (January through March), as well as a brief look ahead to some of the key class action issues anticipated later this year.

Client Alert | May 4, 2018

Supreme Court Holds States May Hear Securities Fraud Class Actions Under The 1933 Act

Cyan, Inc. v. Beaver County Employees Retirement Fund, No. 15-1439 Decided March 20, 2018 Today, the Supreme Court held 9-0 that class actions alleging only federal claims under the Securities Act of 1933 may be heard in state court and, if brought in state court, cannot be removed to federal court.

Client Alert | March 20, 2018

Michele Maryott and Theane Evangelis Named Litigators of the Week

The Am Law Litigation Daily named partners Michele Maryott and Theane Evangelis as its Litigators of the Week [PDF] for their trial victory on behalf of Grubhub “in a bellwether case that could have a lasting impact on how gig-economy workers are classified.” 

Firm News | February 15, 2018

Fourth Quarter 2017 Update on Class Actions

This update provides an overview and summary of key class action developments during the fourth quarter of 2017 (October through December), and a brief look ahead to some of the key class action issues anticipated in 2018.

Client Alert | January 30, 2018

Third Quarter 2017 Update on Class Actions

This update provides an overview of key class action developments during the third quarter of 2017 (July through September):

Client Alert | November 7, 2017

Second Quarter 2017 Update on Class Actions

This update provides an overview of key class action developments during the second quarter of 2017 (April through June): Part I explores a significant decision from the Supreme Court concerning defeating novel attempts by plaintiffs to obtain appellate review of denials of class certification.  Part II addresses rulings from the Supreme Court and Ninth Circuit regarding the breadth of the American Pipe tolling doctrine for statutes of limitations in class actions.  Part III analyzes recent decisions interpreting and applying the Supreme Court's Article III standing decision in Spokeo, Inc.

Client Alert | August 1, 2017

Viewing Class Settlements Through a New Lens: Part 1 and Part 2

​Los Angeles partner Kahn Scolnick and associate Sheldon Evans are the authors of "Viewing Class Settlements Through a New Lens: Part 1 and Part 2," [PDF] published by Law360 on July 25, 2017 and July 26, 2017, respectively.

Article | July 25, 2017

United States Supreme Court Limits Class-Action Tolling

On June 26, 2017, the Supreme Court of the United States held in CalPERS v.

Client Alert | June 26, 2017

First Quarter 2017 Update on Class Actions

This update provides an overview and summary of key class action developments during the first quarter of 2017 (January through March).  Part I explores significant class-certification decisions from the Seventh, Eighth, and Ninth Circuits.  Part II addresses decisions from the Third, Seventh, and Ninth Circuits adopting conflicting approaches to determining whether putative class representatives have standing to sue for statutory violations under the Supreme Court's decision in Spokeo, Inc.

Client Alert | May 19, 2017

Judge Neil Gorsuch’s Potential Impact on the Development of Class Action Law

As Judge Neil Gorsuch proceeds through the Senate confirmation process, we are continuing to review his jurisprudence and to assess how he might affect the Supreme Court should the Senate approve his nomination.  We are publishing these analyses in a series of client alerts focusing on individual subject matters.  This alert focuses on class actions.

Client Alert | March 13, 2017

Corporate Social Responsibility Statements – Recent Litigation and Avoiding Pitfalls

Over the past few years, interest in corporate social responsibility ("CSR") has increased significantly. The spotlight on CSR has led companies to expand and strengthen their CSR efforts.

Client Alert | March 9, 2017

2016 Year-End Update on Class Actions

Last year saw continued attention to class action issues across the federal appellate courts, with the U.S. Supreme Court issuing three decisions on important issues to practitioners--Spokeo, Inc. v.

Client Alert | February 1, 2017

Will the High Court Resolve Circuit Split on Class Waivers in Employee Arbitration Agreements?

​Washington, D.C. partner Mark Perry and associate Kevin Barber are the authors of "Will the High Court Resolve Circuit Split on Class Waivers in Employee Arbitration Agreements?" [PDF] published on November 10, 2016 by Legal Backgrounder, a Washington Legal Foundation publication.

Article | November 10, 2016

Third Quarter 2016 Update on Class Actions

For several years, Gibson Dunn has been reporting significant legal developments involving class actions on an annual basis, most recently in our 2015 Year-End Update on Class Actions.  We are pleased to announce that, in addition to our annual year-end updates, we will now be providing quarterly updates of significant appellate class action decisions and trends.This update provides an overview and summary of key class action developments during the third quarter of 2016.  Part I addresses recent decisions from the Third, Fifth, and Ninth Circuits regarding the impact of damages issues on Rule 23(b)(3)'s predominance requirement.  Next, Part II discusses important class settlement decisions from the Second, Sixth, and Seventh Circuits.  Finally, Part III

Client Alert | October 27, 2016

Individual Issues Predominate In Toxic Tort Class Actions

​Orange County partner Thomas Manakides and associate Ryan Card are the authors of "Individual Issues Predominate In Toxic Tort Class Actions" [PDF] published on October 4, 2016 by Law360.

Article | October 4, 2016

The Interrelationship Between Price Impact and Loss Causation After Halliburton I & II

​Washington, D.C. partner Mark Perry is co-author of "The Interrelationship Between Price Impact and Loss Causation After Halliburton I & II" [PDF] published on October 3, 2016 in the Annual Survey of American Law by New York University School of Law.

Article | October 3, 2016

Removing Securities Act Cases: MoneyGram Bucks the Trend

​San Francisco partner Ethan Dettmer, Los Angeles partner Alex Mircheff and Palo Alto associate Noah Stern are the authors of "Removing Securities Act Cases: MoneyGram Bucks the Trend" [PDF] published on September 9, 2016 by Law360.

Article | September 9, 2016

Spokeo and Absent Class Member Standing

​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

The Consumer Financial Protection Bureau and the Future of Class Action Waivers

​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

Plaintiffs Face High Class Cert. Bar In Antitrust Cases

​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

2015 Year-End Update on Class Actions

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

U.S. Supreme Court Hears Argument in Big Data Case with Far-Reaching Implications

​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

Summary Judgment Strategies In Class, Collective Actions

​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

U.S. CFPB Announces Rulemaking To Curtail Use Of Arbitration Agreements That Bar Class Actions In Consumer Financial Contracts

​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

UK Consumer Rights Act 2015 Ushers in Class Action-Style Collective Proceedings Regime in the Competition Appeals Tribunal

​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

The Need to Establish Absent Class Member Standing in Antitrust Class Actions

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

Supreme Court Should Use Trio of Cases to Reaffirm That Uninjured Plaintiffs Have No Place in Class Actions

​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

2015 Mid-Year E-Discovery Update

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

Judging Uninjured Plaintiffs’ Standing

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

Cybersecurity and Data Privacy Outlook and Review: 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

2014 Year-End Update on Class Actions

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

Creating a Clear Circuit Split, the Second Circuit Holds That Failure to Disclose Known Trends or Uncertainties Under Item 303 of Regulation S-K Creates Liability Under Section 10(b)

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

2014 Year-End E-Discovery Update

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

Ninth Circuit Holds That State Is Precluded from Seeking Remedies Released Through Previous Class Action Settlement

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

11th Circ. Message: Be Careful With Lone Pine Orders

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

Emerging Issues in the Law of Class Certification

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

Duran, Due Process, and the Class Action Device

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

Dukes May Have Doomed Toxic Tort Class Certification

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