Class Action

Expert Analysis

• 5th Circ. Ruling Amplifies Bristol-Myers Class Action Debate

  

  The Fifth Circuit’s recent decision in Cruson v. Jackson National Life Insurance guides defendants on raising the U.S. Supreme Court’s 2017 Bristol-Myers ruling as a jurisdictional objection to a nationwide class, even though it deepens a circuit split, says Michael Ruttinger at Tucker Ellis.

• Conducting Court Hearings Remotely: 12 Considerations

  

  As more courts begin to explore remote hearings during the COVID-19 crisis, attorneys and courts should be aware of some of the common concerns accompanying video- and teleconferencing technology and make allowances to avoid these issues, say Attison Barnes III and Krystal Swendsboe at Wiley Rein.

• Avoiding Class Claims For Sharing COVID-19 Location Data

  

  As American companies consider sharing anonymized geolocation data with the government to assist in tracking coronavirus transmission, they can follow guidelines to protect against costly consumer privacy class actions, say attorneys at Buchanan Ingersoll.  

• The Era Of Video Mediation Is Here — Or Is It?

  

  Mediator Jeff Kichaven has heard from several first-chair trial lawyers and senior claims executives that they are reluctant to adopt online video mediation even during the COVID-19 crisis, and says this reluctance is grounded in reality.

• COVID-19 Highlights BigLaw Need For Emotional Intelligence

  

  The formula for making decisions at BigLaw firms has historically been rooted in IQ-based factors, but with the ongoing pandemic, lawyers and firm leaders are increasingly dealing with issues that require emotional intelligence — from establishing effective virtual offices to retaining firm morale and client confidence, say Jolie Balido and Tina van der Ven at NewStar Media.

• D&O Insurance Tips For Coronavirus-Related Claims

  

  Directors and officers liability insurance may prove to be a source of relief for public companies battling shareholder claims stemming from the coronavirus pandemic, depending on specific language and exclusions that must be carefully reviewed, say Catherine Doyle and Jan Larson at Jenner & Block.

• Opinion

  Judicial Shaming Of Attys Is Troubling Even During Pandemic

  

  Judges have recently rebuked attorneys for wasting judicial resources to resolve minor issues during the COVID-19 crisis, including in a trademark lawsuit over unicorn drawings. But it is unfair to publicly flog lawyers for doing what they are trained to do, says Ronald Minkoff, chairman of Frankfurt Kurnit's professional responsibility group.

• Don't Be Social Media Distancing: LinkedIn Tips For Lawyers

  

  While we need to be physically apart at this time, lawyers and firms should be leaning into social media to reinforce and build relationships, and help guide clients through the coronavirus crisis, says marketing consultant Stefanie Marrone.

• CFPB Whistleblower Program Could Plug Enforcement Gaps

  

  Recently proposed legislation to establish a Consumer Financial Protection Bureau whistleblower reward program could help fill an enforcement void left by forced arbitration agreements and class action waivers included in most contracts between consumers and financial services companies, say Zac Arbitman at Youman & Caputo and Jason Zuckerman at Zuckerman Law.

• Festival Case May Be Preview Of COVID-19 Consumer Suits

  

  A class action recently filed in Los Angeles Superior Court challenging a music festival's refund policy after a COVID-19-prompted cancellation may indicate the direction that the plaintiffs bar will pursue in pandemic-related consumer litigation, say attorneys at Bryan Cave.

• Defending Against A Wave Of Hand Sanitizer Class Actions

  

  The U.S. Food and Drug Administration's rebuke of Purell manufacturer Gojo Industries' labeling claims has incited an influx of false advertising class actions against hand sanitizer companies, but there are several viable ways for defendants to respond, says Alex Smith at Jenner & Block.

• Emergency Laws Protect Cos. Enlisted In COVID-19 Fight

  

  The Defense Production Act and the Public Readiness and Emergency Preparedness Act, recently invoked by the Trump administration to aid in fighting COVID-19, can provide special legal defenses to businesses producing essential supplies — which could protect companies against future tort liability, says Kelly Belnick at Tanenbaum Keale.

• Remote Depositions: Coming To A Home Office Near You

  

  Recent Texas state court orders indicate judges are increasingly requiring parties and nonparties to submit to remote depositions amid the pandemic. However, there are inherent drawbacks to such depositions, including limitations on attorneys’ ability to assess witness credibility, says Edward Duffy at Reed Smith.

• Ways Lawyers Can Support The Most Vulnerable Right Now

  

  In this global health and economic crisis, it is essential that lawyers recommit to inclusion, and fight for colleagues, clients, community members and friends who are most at risk, says Dru Levasseur, head of the National LGBT Bar Association's inclusion coaching and consulting program.

• Calif. Ruling Further Weakens Employee Seating Claims

  

  The Los Angeles Superior Court’s recent decision that cashiers' job attributes don’t allow them to sit in LaFace v. Ralphs Grocery should strengthen retailers' defenses against suitable seating claims, and give plaintiffs pause over whether, after their sixth straight loss, they are viable, say attorneys at Paul Hastings.