March 11, 2022 | New York Law Journal
Securities Class Action Filings Increase in New JerseyIt seems quite plausible that fee considerations are among the reasons why securities class action cases are making their way across the Hudson River in greater numbers.
By Jeffrey S. Jacobson and Sandra D. Grannum
7 minute read
July 09, 2020 | New York Law Journal
In Search of the Elusive "Reasonable Consumer"A discussion of how the "reasonable consumer" test is supposed to work and how some courts have applied it to dismiss claims at the pleading stage while others have decided that "reasonable consumer" questions can't be judged until later in the case. Appellate guidance has been scattered, but there are some common threads in the court decisions.
By Jeffrey S. Jacobson
8 minute read
May 27, 2020 | New Jersey Law Journal
Still No Clarity On Price-Gouging RulesGovernor Murphy, as part of his pathway to reopening the state, could address much of the law's uncertainty with an Executive Order limiting application of the price-freeze law to PPEs and any other specific items he considers emergency-related.
By Jeffrey S. Jacobson
9 minute read
April 01, 2020 | New Jersey Law Journal
NJ Businesses Need Price-Gouging GuidanceThe unprecedented scope and duration of the COVID-19 emergency will raise unprecedented questions about the application of New Jersey's emergency pricing law.
By Jeffrey S. Jacobson
8 minute read
August 30, 2018 | New Jersey Law Journal
No, Police Videos Shouldn't Be Public Under OPRAOP-ED: The Law Journal Editorial Board opined that police dash camera and body camera videos should be subject to mandatory disclosure under the state's Open Public Records Act. As a former chief counsel to the New Jersey Attorney General, I respectfully disagree.
By Jeffrey S. Jacobson
5 minute read
June 13, 2011 | New York Law Journal
Can Defendants Resolve Class Actions With Charity Donations Only?Jeffrey S. Jacobson, a partner with Debevoise & Plimpton, discusses pending cases in which the Ninth Circuit will decide whether class counsel's fee can be a multiple of the charitable contributions, or must be limited to a percentage of them; who may choose the cy pres recipients; if the money may go to a recipient seen as friendly to the defendant's future agenda; and whether the money may go to any worthy charity or only one involved in the issues of the case.
By Jeffrey S. Jacobson
14 minute read
November 14, 2001 | Law.com
Circuits Split on Factual Disputes in Class ActionsFreed by a new Federal Rule of Civil Procedure to accept interlocutory appeals from class certification decisions, several federal appellate courts have released a flurry of decisions interpreting the requirements of Rule 23. A split has developed on the question of whether and how courts are permitted to resolve fact-based disputes that affect a case's suitability for class treatment.
By Lorna G. Schofield and Jeffrey S. Jacobson
13 minute read
November 12, 2009 | New York Law Journal
Can CAFA's Notice Provisions Be Met by Saying 'Sorry, I Can't'?Jeffrey S. Jacobson, a partner at Debevoise & Plimpton, writes that the rigidity of CAFA's requirement that defendants must provide details about the membership of the class to government officials within 10 days of the filing of a proposed settlement, along with the inherent assumption that the information is always available, ignores the reality of many class action cases. Publicly traded companies usually cannot obtain the names of most of their shareholders within the deadline, and consumer defendants often cannot comply with the letter of CAFA regardless of the deadline for doing so. Absent judicial guidance or legislative amendments, consumer defendants have to assume that good-faith attempts to comply with CAFA will suffice.
By Jeffrey S. Jacobson
13 minute read
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