By C. Ryan Barber | February 14, 2018
"I don't want to prejudge any existing matter except to say in any major issue involving data breaches, I would expect the commission to be all over it, providing the necessary resources and just being very vigorous," former Paul Weiss partner Joe Simons, the FTC chair nominee, said at his confirmation hearing.
By Terence N. Hawley and Joshua D. Anderson | February 13, 2018
Class action plaintiffs often submit expert testimony in support of class certification motions, raising the question of how defendants should respond—particularly when the plaintiff's evidence is unreliable or otherwise deficient.
By R. Robin McDonald | February 12, 2018
The lawyers appointed to lead the litigation on behalf of consumers and financial institutions in the Equifax multidistrict litigation include a number of familiar faces who also served in leadership roles in the 2014 Home Depot data breach MDL.
By Ross Todd | February 12, 2018
President Donald Trump has nominated former Hawaii state Attorney General Mark Bennett to fill the state's vacant seat on the U.S. Court of Appeals for the Ninth Circuit.
By Amanda Bronstad | February 12, 2018
The Ninth Circuit's Jan. 23 opinion in In re Hyundai and Kia Fuel Economy Litigation imposed a strict set of requirements that alarmed lawyers on both sides—but mostly those in the plaintiffs bar.
The Legal Intelligencer | Commentary
By Megan E. Grossman | February 9, 2018
On Jan. 25, the associate attorney general of the United States issued a policy that prohibits the Department of Justice (DOJ) civil litigators from using guidance documents to establish violations of law in civil enforcement actions.
By Neal Marder, Brian Carney and Garrett Llewellyn | February 9, 2018
For companies facing TCPA class actions, hope is not lost. In addition to the powerful strategies that are available for obtaining dismissal on the pleadings or negotiating early settlements, companies have an arsenal of strategies they can deploy to defeat class certification.
New York Law Journal | Analysis
By David Wertheimer | February 9, 2018
The Second Circuit's decision in 'Waggoner v. Barclays' has garnered attention for its rulings on the requirements for showing and rebutting market efficiency and the related presumption of reliance in class actions brought under §10(b) of the 1934 Securities Exchange Act. Less noticed—but no less important—is the court's discussion of the damages that the certified class might recover.
By Dara Kam, News Service of Florida | February 9, 2018
Thursday's decision came less than four months after a federal court slapped a $9 million sanction on Jacksonville-based Farah & Farah and The Wilner Firm “to account for the immense waste of judicial resources by maintaining over a thousand non-viable claims.”
By Kristen Rasmussen | February 7, 2018
Aetna has sued Kurtzman Carson Consultants, blaming the claims administrator for mailings that disclosed the name and condition of thousands of HIV patients. KCC responded by filing a suit of its own against Aetna, saying that the health insurance giant and its outside legal counsel, Gibson, Dunn & Crutcher, were responsible.
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