Consumer Litigation & Class Actions

2012 Tips of the Month – A Compilation

Tue, 29 Jan 2013 15:52:07 GMT

3rd Circ. J&J Ruling Won't Halt Flood Of Food Labeling Suits

Wed, 15 May 2013 18:23:52 GMT

Litigation & Dispute Resolution partner Dale Giali (Los Angeles) is quoted on the impact of the Third Circuit upholding the dismissal of a proposed class action alleging that Johnson & Johnson misrepresented the health benefits of its Benecol brand of butter and margarine substitutes on the products' labeling.

Arbitration and Class Actions Two Years After Concepcion

Mon, 22 Apr 2013 04:00:00 GMT

Arizona District Court Enforces Contractual Provision Shortening Statute of Limitations Period

Thu, 23 Aug 2012 20:56:46 GMT

On August 15, 2012, a federal court in Arizona dismissed a putative class action asserting false-advertising claims against internet domain-name registrar GoDaddy.com.

California Attorney General Provides Privacy Recommendations for Mobile Industry

Wed, 23 Jan 2013 05:00:00 GMT

Last week, California Attorney General (AG) Kamala D. Harris released new privacy recommendations for the mobile industry in an official report titled “Privacy On the Go: Recommendations for the Mobile Ecosystem” The report—part of an ongoing state initiative to strengthen consumer-privacy protections—sets forth the AG’s preferred best practices for clear, comprehensive and conspicuous privacy policies in the app marketplace.

California Court of Appeal Rejects NLRB’s View that Federal Labor Law Prevents Use of Class Waivers in Employment Arbitration Provisions

Tue, 24 Jul 2012 16:56:25 GMT

Twice in as many months, the California state appellate courts have enforced an arbitration agreement requiring arbitration of wage-and-hour claims on an individual basis.

California Federal District Court Dismisses TCPA Class Action Challenging “Confirmatory Text Messages”

Thu, 28 Jun 2012 13:52:20 GMT

The Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, prohibits placing calls using an “automatic telephone dialing system” to wireless phone numbers—absent the recipient’s prior consent or an emergency situation—and provides for statutory damages of up to $1,500 per violation.

Congressional Civil Justice Caucus Academy: The Role of State Attorneys General in Enforcing Federal Law

Fri, 25 Jan 2013 05:00:00 GMT

Control Class Action Costs by Filing an Early Motion to Strike the Class Allegations

Fri, 19 Apr 2013 19:14:30 GMT

In a bylined article, Litigation & Dispute Resolution partner Kevin Ranlett (Washington, DC) discusses how a defendant in a newly filed class action may be well served by filing a motion to strike class allegations.

E-Discovery in Class Action Litigation

Tue, 16 Apr 2013 19:14:57 GMT

As the digital universe expands, so do the challenges for companies that are required to preserve, collect and produce newer types and increasing quantities of data in connection with litigation. In our four-part series, Mayer Brown lawyers will offer insight into how companies facing these challenges can strike the right balance between risk mitigation and cost control.

E-Discovery in Employment Litigation

Wed, 15 May 2013 04:00:00 GMT

E-Discovery in Financial Services Litigation

Mon, 17 Jun 2013 04:00:00 GMT

Electronic Discovery & Records Management - Tip of the Month: Best Practices for Preparing a Clawback Agreement

Wed, 31 Oct 2012 04:00:00 GMT

Scenario
A large corporation is sued over the alleged breach of a substantial contract. Due to the complex nature of the contract, the corporation’s business executives frequently sought advice from in-house counsel when entering into, and performing under, the agreement.

Electronic Discovery & Records Management - Tip of the Month: Cloud Computing and Data Privacy

Fri, 28 Dec 2012 17:47:28 GMT

Scenario
A multinational company is negotiating an agreement with a cloud computing provider to maintain and hold all of the company’s electronically stored information and data. The general counsel of the multinational company is concerned about data privacy and data protection both in the United States and worldwide.

Electronic Discovery & Records Management - Tip of the Month: E-Discovery of Audio Data – What is Considered Reasonable?

Fri, 31 May 2013 04:00:00 GMT

Scenario
A series of trades engaged in by a financial services company employee have become the subject of regulatory interest and private litigation.

Electronic Discovery & Records Management - Tip of the Month: Effectively Managing a Large-Scale Document Review

Fri, 31 Aug 2012 14:22:33 GMT

A multinational company is in litigation with multiple parties regarding a patent dispute. Due to the breadth of the claims and the complexity of the issues involved, the parties expect to produce millions of documents in discovery. With merits depositions scheduled to take place in the upcoming months, the multinational company must engage in a comprehensive document review to produce documents, prepare its witnesses and refine its litigation strategy.

Electronic Discovery & Records Management - Tip of the Month: Managing the Risks & Costs of Electronic Data: "Defensible Deletion"

Thu, 31 Jan 2013 17:31:31 GMT

For years, a large company has been effectively retaining the vast majority of all electronic data generated by its systems and employees.

Electronic Discovery & Records Management - Tip of the Month: Managing the Risks & Costs of the Production of Private or Confidential Information: Redaction & Production Strategies

Tue, 30 Apr 2013 19:46:16 GMT

Scenario
A financial services organization is a party to a litigation in which plaintiffs are seeking information concerning business practices that impacts a number of the organization’s customers.

Electronic Discovery & Records Management - Tip of the Month: Managing the Risks and Costs of E-Discovery in Class Actions

Fri, 28 Sep 2012 19:26:08 GMT

Scenario
A large manufacturing company is a defendant in a putative nationwide class action lawsuit. The putative class will most likely number in the thousands, or tens of thousands, of consumers, resulting in potentially significant damages and expensive electronic discovery costs for the company.

Electronic Discovery & Records Management - Tip of the Month: Managing the Risks and Costs of E-Discovery in Multiple Related Investigations and Litigations

Fri, 30 Nov 2012 05:00:00 GMT

The Securities and Exchange Commission (SEC) and several state attorneys general are investigating aspects of a financial institution’s specific service offering.

Electronic Discovery & Records Management - Tip of the Month: Managing the Risks and Costs of Responding to Third-Party Civil Subpoenas

Thu, 28 Feb 2013 05:00:00 GMT

A large customer of a manufacturing company is sued by a putative class of shareholders claiming various securities law violations related to an alleged failure to disclose the declining sales of one of their products, for which the manufacturing company provides parts.

Electronic Discovery & Records Management - Tip of the Month: Managing the Risks and Costs of Text Messaging

Fri, 29 Mar 2013 18:20:06 GMT

Scenario
An organization is sued by a former employee who alleges that she was sexually harassed in the workplace through a series of allegedly offensive and degrading text messages sent by a supervisor.

Electronic Discovery & Records Management - Tip of the Month: Selecting And Working With An E-Discovery Vendor

Tue, 31 Jul 2012 20:54:08 GMT

A multinational construction company receives a wide ranging subpoena from the US Department of Justice demanding the production of a variety of documents maintained at various locations inside and outside the United States.

FCC Addresses Vicarious-Liability Standards under Telephone Consumer Protection Act

Tue, 21 May 2013 04:00:00 GMT

The Federal Communications Commission (FCC) has issued a declaratory ruling regarding the standards for vicarious liability under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227.

Litigation: Challenging class actions that involve potentially massive aggregate statutory damages

Mon, 28 Jan 2013 23:16:02 GMT

In a bylined article, partners Archis Parasharami and Kevin Ranlett and associate Phillip Dupré (all Washington, DC) discuss that defendants should argue against certification on the grounds of due process and Rule 23(b)(3) in class actions that involve aggregate statutory damages.

Mayer Brown launches Class Defense Blog

Mon, 22 Oct 2012 15:03:14 GMT

Mayer Brown, a leading global law firm, announced today that it has launched Class Defense (http://www.classdefenseblog.com), a blog providing up-to-date analysis of the latest trends in the law governing class actions. The blog will also cover legislative and regulatory developments important to class actions and other forms of aggregate litigation against businesses.

Mayer Brown partner Archis Parasharami named a “Rising Star” by Law360

Fri, 26 Apr 2013 21:08:51 GMT

Mayer Brown, a leading global law firm, announced that Litigation & Dispute Resolution partner Archis Parasharami (Washington DC) has been named a “Rising Star” in the Class Actions category by Law360. View the feature article.

Ninth Circuit Strikes Down Class Action Settlement For Improper Cy Pres Award And Excessive Attorneys’ Fees

Thu, 19 Jul 2012 15:13:04 GMT

Courts have been reviewing class action settlements with increasingly close scrutiny, especially when the settlement involves cy pres awards donated to charity.

Supreme Court and Business: Assessing This Term's Decisions and Looking Forward to Next Term's Docket

Mon, 25 Jun 2012 04:00:00 GMT

Supreme Court and Business: Assessing This Term's Decisions and Looking Forward to Next Term's Docket (Part I)

Fri, 07 Jun 2013 19:16:47 GMT

Supreme Court and Business: Assessing This Term's Decisions and Looking Forward to Next Term's Docket (Part II)

Fri, 07 Jun 2013 19:26:18 GMT

Survey Results: What to Expect from the Consumer Financial Protection Bureau

Fri, 22 Jun 2012 20:55:52 GMT

The Consumer Financial Protection Bureau (CFPB) was created by the Dodd-Frank Act with a mandate to protect consumers through the supervision and regulation of depository institutions and other providers of consumer financial products and services. Since its beginnings in July 2011, the agency has rapidly grown to a staff of more than 750 and an annual budget of well over $300 million. Despite this rapid ramp-up, the CFPB has not yet taken any public enforcement actions, and has left the financial community wondering what to expect.

TCPA Case Concludes that Consent Does Not Necessarily Mean Consent

Mon, 24 Sep 2012 04:00:00 GMT

The US District Court for the Northern District of Illinois recently granted summary judgment to a plaintiff in a putative class action under the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, on the question of whether she provided express consent to receive calls from an automatic telephone dialing system, denying the defendant’s attempt to end the suit.

The Social Media (R)Evolution

Sun, 03 Mar 2013 05:00:00 GMT

The social media revolution has occurred, but the risks and benefits related to its use continue to evolve.

Tip of the Month, June 2012 - Managing the Risks and Costs of Email Archives: Part II: Preservation, Collection & Production

Fri, 29 Jun 2012 16:26:24 GMT

This is Part Two of Two in a set of Tips of the Month addressing email archives. The tip of the Month for May addressed initial considerations and functionality relating to email archives.

US Supreme Court Holds that the Alien Tort Statute Does Not Apply Extraterritorially

Thu, 18 Apr 2013 21:10:21 GMT

In Kiobel v. Royal Dutch Petroleum, No. 10-1491, the US Supreme Court has ruled that the Alien Tort Statute (ATS) does not apply extraterritorially in cases alleging violations of international law occurring within the territory of sovereigns outside the United States.

US Supreme Court To Resolve Important Class-Certification Issue in Comcast Corp. v. Behrend

Wed, 27 Jun 2012 19:51:46 GMT

A critical and recurring issue in class-action litigation is the degree to which a district court must consider merits issues when deciding whether to certify a class under Rule 23 of the Federal Rules of Civil Procedure. Although in the past some courts had viewed merits questions as wholly separate from the question of class certification, the Supreme Court recently explained in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541, 2551 (2011),that the certification inquiry “[f]requently . . . will entail some overlap with the merits of the plaintiff’s underlying claim.”