Class Action

Expert Analysis

• Early Securities Class Actions Highlight COVID Litigation Risk

  

  Securities class actions against Norwegian Cruise Lines and Inovio Pharmaceuticals in Florida and Pennsylvania federal courts underscore the precautions companies should consider when evaluating whether their public filings appropriately disclose coronavirus-related exposure, say attorneys at Alston & Bird.

• Virus Class Actions Against Chinese Gov't Face Uphill Battle

  

  Three recently filed class actions claim that the Chinese government is liable for injuries and damages in the U.S. caused by COVID-19 — but precedent suggests that plaintiffs in these cases face little likelihood of recovery, say Robert Boone and Simren Gill at Bryan Cave.

• Don't Forget Firm Culture When Adapting To Remote Work

  

  While law firms suddenly pivoting to remote work due to coronavirus restrictions are busy dealing with logistical challenges, an equally pressing and perhaps more difficult task may be adjusting a long-standing brick-and-mortar culture to working remotely for the first time, say Heather Clauson Haughian and Grant Walsh at Culhane Meadows.

• 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.