Class Action

Expert Analysis

• When Real Estate Transactions Bring Real Securities Risks

  

  Parties conducting real estate transactions should keep an eye out for red flags that may signal securities risks, such as the pooled funds and contract packages observed in securities litigation currently pending against Rockwell Debt Free Properties, say attorneys at Foley & Lardner.

• Rebuttal

  Legal Industry Should Pursue AI Prediction Progress

  

  As part of the debate prompted by my recent Law360 guest article on legal prediction using artificial intelligence, I would like to unpack four issues and suggest that attorneys and technologists continue to tackle the problems presently within reach, says Joseph Avery at Claudius Legal Intelligence.

• 5 European Consumer Law Concerns For US Businesses

  

  Because of increasing differences in U.S. and European Union and U.K. consumer laws, American businesses selling products across the Atlantic should review key issues including right-to-cancel regulations, fairness and transparency tests, and implied warranties, says Rob Turner at Bird & Bird.

• Bitcoin Fraud Class Action Shows Crypto Litigation Hurdles

  

  A New York federal court's review of Leibowitz v. Bitfinex and Tether demonstrates the challenges in identifying both plaintiffs and defendants in a cryptocurrency class action, as well as other complexities that make the Bitcoin market susceptible to fraud and manipulation allegations, says Andria van der Merwe at Compass Lexecon.

• Solutions To 4 Common Law Firm Diversity Challenges

  

  A workshop recently held by the California Minority Counsel Program provides steps law firms can take toward solving minority attorneys' limited access to social capital and lack of meaningful investment, as well as other obstacles to diversity and inclusion, says Alexandra DeFelice, director of marketing and business development at Payne & Fears.

• 4 Questions That May Signal The End Of TCPA Class Actions

  

  Recently, the litigation tide has moved toward limiting the reach of the Telephone Consumer Protection Act and the Federal Communications Commission's expansive interpretations, raising key questions that could threaten the viability of the statute as a whole, say attorneys at Gibson Dunn.

• Rebuttal

  Discrimination Cases Are Too Complex For AI Fee Prediction

  

  A recent Law360 guest article criticizing the New Jersey Supreme Court’s ruling in Balducci v. Cige overlooks the intricate nature of discrimination cases, which renders artificial intelligence an insufficient tool for predicting time and cost, says Paul Aloe at Kudman Trachten.

• Apple Bag Search Ruling Informs On Calif. Pay Compliance

  

  Following the California Supreme Court’s recent decision in Frlekin v. Apple that employees must be paid during required bag searches, employers may want to avoid security screenings entirely, and assume that even short time periods for exit searches should be compensated, say attorneys at Munger Tolles.

• Courts May Clash With Litigants Over Document Review Tech

  

  As courts increasingly accept technology-assisted document review, some are bordering on forcing parties to employ TAR, in which case attorneys may need to step in if their clients prefer other processes, say Donna Fisher and Matthew Hamilton at Pepper Hamilton.

• Del. Uber Ruling Reinforces High Bar To Prove Director Bias

  

  The Delaware Supreme Court's recent dismissal of a stockholder action alleging conflicts among Uber's board demonstrates how unlikely it is that independent directors would be held personally liable for fiduciary breaches, say attorneys at Fried Frank.

• And Now A Word From The Panel: MDLs Continue To Thrive

  

  The Judicial Panel on Multidistrict Litigation created fewer new MDLs last year than the year before, but this belies an overarching storyline of growth — with proceedings encompassing over 130,000 individual actions pending at year's end, says Alan Rothman of Sidley.

• 5 Complications That Can Derail A Class Action Settlement

  

  As courts increase scrutiny of class action settlement agreements, approval hinges on avoiding common mistakes, such as inadequate forms of notice, lack of Article III standing and irrelevant cy pres recipients, say attorneys at Troutman Sanders.

• Rebuttal

  AI Can't Accurately Predict Case Length And Cost — Yet

  

  A recent Law360 guest article argued that artificial intelligence can precisely estimate the length and cost of a new case, but several limitations will likely delay truly accurate predictions for years to come, says Andrew Russell at Shaw Keller.

• BIPA May Apply To Clearview AI's Creation Of Biometric Data

  

  The resolution of recent cases in which IBM and Clearview AI created facial geometries from photographs they obtained from social media will show the extent to which the Illinois Biometric Information Privacy Act applies to these new technologies and uses of biometric data outside Illinois, say Al Fowerbaugh and Karen Borg of Porter Wright.

• 3 Rulings Show When Litigating Wage Claims Is Worth It

  

  Recent decisions from New York federal courts demonstrate when wage and hour defendants may benefit from litigation, rather than an early settlement offer designed to avoid fee-shifting provisions that favor prevailing plaintiffs, says Valerie Ferrier at Martin Clearwater.