Class Action

Expert Analysis

• The Precarious State Of Public Injunction Waivers In Calif.

  

  Two years ago, in McGill v. Citibank, the California Supreme Court made arbitration agreements that preclude consumers from seeking public injunctive relief unenforceable. But some federal courts have deviated from that holding so as to make its future uncertain, say Brian Kabateck and Brian Hong of Kabateck.

• Key Takeaways From Roundup Verdicts So Far

  

  On May 13, a California jury returned a $2 billion verdict against Monsanto in the third trial over allegations that its popular weedkiller Roundup causes cancer. The Roundup trials highlight the importance of issues including punitive damages, celebrity influence and the value of jury exercises, say attorneys at Wiley Rein.

• Q&A

  A Chat With Gilead Sciences Legal Ops Leader Gary Tully

  

  In this monthly series, legal recruiting experts from Major Lindsey & Africa interview legal industry leaders about the increasingly competitive business environment. Here, Rod Osborne talks with Gary Tully, head of legal operations at Gilead Sciences.

• Series

  Why I Became A Lawyer: Completing The Journey Home

  

  My mother's connection to her Native American heritage had a major influence on my career — my decision to enter the legal profession was driven by the desire to return to my tribal community and help it in any way I could, says Jason Hauter of Akin Gump.

• Examining The Evidence On VIX Manipulation

  

  An ongoing multidistrict litigation alleges manipulation of the formula used to determine the settlement price for derivatives based on the Chicago Board Options Exchange’s volatility index. But a review of trading data reveals how reasons other than manipulation can explain trading activity on any given day, say consultants with Analysis Group.

• Calif. Privacy Law Will Likely Prompt Flood Of Class Actions

  

  Regardless of the fate of recently proposed amendments to the California Consumer Privacy Act's private right of action, e-commerce businesses serving customers in California must remain vigilant in preparing for the likely tide of CCPA litigation, says Alexis Buese of Sidley Austin.

• High Court Clarifies Standards For Antitrust Claims

  

  The primary practical implication of the U.S. Supreme Court's ruling Monday in Apple v. Pepper is that the court's Illinois Brick precedent remains an obstacle to federal antitrust claims for damages, but that its scope arguably has been limited, say attorneys at Skadden.

• New Questions Over Corporate Officers' Legal Duties

  

  Recent litigation between Hertz and its former executives raises novel questions about whether corporate leaders have a legally cognizable responsibility to set the right “tone at the top,” and the consequences if they fail to do so, say attorneys at Cleary.

• Series

  Judging A Book: Wood Reviews 'The Making Of A Justice'

  

  Retired U.S. Supreme Court Justice John Paul Stevens' new book, "The Making of a Justice," is required reading for anyone interested in 20th and 21st century America, says Seventh Circuit Chief Judge Diane Wood.

• 2nd Circ.'s Logical Take On 'Event-Driven' Securities Claims

  

  The Second Circuit's recent opinion in Singh v. Cigna will not put an end to "event-driven" securities cases, which revolve around negative operational incidents. But it will likely increase the dismissal rate of such claims, and may deter weaker filings, say Adam Hakki and Agnès Dunogué of Shearman & Sterling.