Class Action

Expert Analysis

• What Is A 'Reasonably Useful Form' For Production Of ESI?

  

  While federal rules require production of electronically stored information in its native format or a "reasonably useful form," recent court rulings offer guidance on avoiding production of ESI in its native format when it would be unduly burdensome, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.

• Big Data, Social Media Trigger More Life Science Mass Torts

  

  In this era of big data and social media, plaintiffs no longer wait for U.S. Food and Drug Administration regulatory action before filing pharmaceutical product liability claims, so the risk of mass tort litigation is higher than ever, say Saher Valiani and Matthew Holian at DLA Piper.

• US Women's Soccer Bias Suit Raises Complex Pay Questions

  

  In the U.S. Women’s National Team's pay equity case against the U.S. Soccer Federation, both sides' selective wage comparisons are vague and may misunderstand what constitutes an appropriate pay rate analysis, says Michaelyn Corbett at Ankura Consulting Group.

• 5 Tips For Maximizing Insurance Claims In A Hard Market

  

  As policyholders experience increases in premiums, reduced capacity and more restrictive terms in all lines of insurance coverage, many are turning to new strategies to increase claims recovery, says Micah Skidmore of Haynes and Boone.

• And Now A Word From The Panel: It's Nothing Personal

  

  A recent ruling on personal jurisdiction from the Judicial Panel on Multidistrict Litigation makes clear that parties should not be able to utilize the MDL process as an end-run around well-established due process considerations, says Alan Rothman of Arnold & Porter.

• Patent Decision Highlights Cross-Appeal Considerations

  

  The Federal Circuit's recent decision in IPR Licensing overruled precedent to hold that the cross-appeal rule is not jurisdictional, demonstrating the complexity of this seemingly simple rule and its various applications within the circuit courts, says Michael Soyfer at Quinn Emanuel.

• The Mitigation Defense Tool Your Employment Case May Need

  

  As many employment litigators have trouble arguing that a plaintiff failed to adequately mitigate damages, defense attorneys should consider working with a vocational expert that can provide a fact-based analysis of a plaintiff’s missed opportunities, say Dawn Solowey and Lynn Kappelman at Seyfarth.

• Perspectives

  Book Review: Who's To Blame For The Broken Legal System?

  

  The provocative new book by Alec Karakatsanis, "Usual Cruelty: The Complicity of Lawyers in the Criminal Injustice System," shines a searing light on the anachronism that is the American criminal justice system, says Sixth Circuit Judge Bernice Donald.

• 7th Circ. Ruling Forms Split On CAFA Jurisdictional Discovery

  

  The Seventh Circuit’s recent decision in Dancel v. Groupon, which is at odds with Eleventh Circuit precedent, evens the playing field by giving defendants the opportunity to use discovery to demonstrate diversity jurisdiction in Class Action Fairness Act cases, say Bruce Braun and Stephen Spector at Sidley.

• Del. M&A Case Clamps Down On MLP General Partner Liability

  

  The Delaware Chancery Court’s recent decision in Dieckman v. Regency that a merger did not satisfy the required safe harbors, but did not necessarily breach good faith requirements, suggests general partners in master limited partnerships may face greater liability in approving conflicted transactions, say attorneys at Fried Frank.

• Wage Ruling Clears Up Tip Questions For Calif. Employers

  

  A California state appeals court's recent wage decision in O’Grady v. Merchant Exchange Productions highlights that employers must clearly communicate to customers and employees the purpose of a service charge, especially if it is not intended as a gratuity, say attorneys at Davis Wright.

• How To Hire Lateral Partners More Effectively

  

  Although lateral partner hiring is the preferred method of inorganic growth among law firms, the traditional approach to vetting does not employ sufficient due diligence by the hiring firm, says Michael Ellenhorn at executive search firm Decipher Competitive Intelligence.

• Justices Mull Interplay Of ERISA, Securities Laws In IBM Case

  

  At recent U.S. Supreme Court arguments in IBM v. Jander, the justices grappled with the Employee Retirement Income Security Act’s difficult application and its intersection with federal securities laws in considering whether plan fiduciaries must disclose inside information about publicly traded companies, say attorneys at King & Spalding.

• Opinion

  ADA Braille Gift Card Claims Shouldn't Gain Traction In NY

  

  A recent wave of consumer class claims that challenge the visual accessibility of gift cards under the Americans with Disabilities Act in New York federal courts are facially deficient and should be susceptible to early dismissal, say attorneys at Akin Gump.

• Comcast Bias Suit A Bad Way To Make Law, Arguments Show

  

  Oral arguments before the U.S. Supreme Court in Comcast v. National Association of African American-Owned Media highlighted the case's flaws, including that it concerns the dismissal of a complaint that omitted a key fact and was tainted by dubious insinuations, says R. Scott Oswald of The Employment Law Group.