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1
Second Circuit Summarily Affirms The Attorneys' Fees Award In The Foreign Exchange Antitrust Settlement After District Court Rejects Class Counsel's Side Deal With The Objector
On November 1, 2019, the United States Court of Appeals for the Second Circuit issued a summary order rejecting the appeal of an objector to the Foreign Exchange Antitrust Settlement.
United States
4 Dec 2019
2
Monthly TCPA Digest – August 2019
We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA).
United States
21 Aug 2019
3
Eleventh Circuit Confirms The FCC's Solicited Fax Rule Is Dead And Reverses Course On Interpretation Of The Hobbs Act In TCPA Appeal
In Gorss Motels, Inc. v. Safemark Systems, Inc., the Eleventh Circuit considered whether two hotel franchisees provided prior express permission to receive faxes from Safemark Systems, the franchisor's affiliate, and, if so, ...
United States
21 Aug 2019
4
Judge Rakoff Unseals Documents In Petrobras Securities Class Action To Allow Use In Foreign Arbitration, Bypassing Traditional Requirements Of 28 U.S.C. § 1782
Years after Plaintiffs brought a federal securities complaint against Petrobras, and more than a year after the case settled for approximately $3 billion, Judge Jed S. Rakoff
United States
16 Aug 2019
5
INSIGHT: California's Privacy Act—Watch For An Expanding Private Right Of Action
On Jan. 1, 2020, the California Consumer Privacy Act (CCPA or Act) is set to empower the state attorney general to file suit against "businesses" that collect their "personal information."
United States
20 May 2019
6
You'll Have To Say It If You Mean It: Supreme Court Holds That Agreement To Permit "Class Arbitration" Must Be Express And Unambiguous
Predictably, the U.S. Supreme Court has ruled in Lamps Plus, Inc. v. Varela, No. 17-988, 2019 U.S. LEXIS 2943 (U.S. April 24, 2019),
United States
20 May 2019
7
Teva Putative Federal Securities Class Member Seeks To Toll Statute Of Repose With Motion To Intervene
The United States District Court of the District of Connecticut will soon decide whether a putative class member may intervene "for the limited purpose of tolling the statute of repose."
United States
21 Mar 2019
8
Delaware Chancery Court Holds Corporations Cannot Enact Federal Forum Provisions To Bypass Cyan And Preclude State Courts From Hearing Securities Act Claims
In 2017, courts across this country were split on whether plaintiffs could assert a class action alleging claims under the Securities Act of 1933 (which provides a private right of action
United States
21 Jan 2019
9
New Rules Of The Hong Kong International Arbitration Centre Arguably Foster Collective And Opt-In Class Arbitration
The Hong Kong International Arbitration Centre ("HKIAC") has promulgated a new set of Administered Arbitration Rules ("AAR"), effective November 1, 2018.
United States
23 Nov 2018
10
Seventh Circuit Agrees That Class Arbitrability Is A Gateway Question Presumptively For The Court, Then Apparently Ignores The Delegation Issue
The Seventh Circuit Court of Appeals has joined five other Circuits in determining, unremarkably, that class or collective arbitrability is a gateway question that is presumptively for the court to decide.
United States
4 Nov 2018
11
Eleventh Circuit Adjudicates The Delegation Issue With Respect To "Class Arbitrability" No Differently Than For Bilateral Arbitration; But Who Is Bound?
The U.S. Supreme Court has pointed out consistently in recent years that the relatively new construct of "class arbitration" is very different from your uncle's classic bilateral arbitration.
United States
18 Oct 2018
12
U.S. District Court Holds That Certain Claims By Opt-Out Plaintiffs Are Barred By The Statute Of Repose
In a recent ruling in In re: BP p.l.c. Securities Litigation the United States District Court for the Southern District of Texas dismissed claims asserted by opt-out plaintiffs as time barred by the Exchange Act's statute ...
United States
12 Oct 2018
13
Court Allows Volkswagen Bondholder Action To Proceed, But Expresses Doubts About The Plaintiff's Ability To Certify A Class
As we previously noted in this post, the United States District Court for the Northern District of California dismissed the Volkswagen Bondholder Plaintiff's first amended complaint, with leave to amend, ...
United States
4 Oct 2018
14
Court Rejects Neiman Marcus Data Breach Settlement Due To Injury-Based Class Conflicts
As previously noted in this blog, the Neiman Marcus payment card data theft class action reflects a lenient approach to the issue of standing in data breach cases.
United States
25 Sep 2018
15
FLSA Collective Action Provision, Too, Does Not Make Mandatory Bilateral Arbitration Agreements Unenforceable
In our sister blog, ADR: Advice from the Trenches, Gil Samberg explains the Sixth Circuit's ruling, applying the Supreme Court's reasoning in the recent Epic Systems case, that the "collective action" ...
United States
5 Sep 2018
16
Monthly TCPA Digest - July 2018
We are pleased to present our July edition of the Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act
United States
31 Aug 2018
17
Fair Labor Standards Act Collective Action Provision Too Does Not Make Agreement To Mandatory Bilateral Arbitration Unenforceable
When the Supreme Court ruled recently that the "concerted activities" provision of the NLRA did not make a contractual waiver of "class arbitration" unenforceable, it provided an extensive analysis ...
United States
30 Aug 2018
18
Ninth Circuit Holds Transactions In Unsponsored Adrs Can Be "Domestic" Under Morrison
The Toshiba Securities Litigation stems from alleged violations of the Exchange Act, as well as the Financial Instruments and Exchange Act of Japan, against Toshiba Corp. ...
United States
21 Aug 2018
19
Who May Determine Whether Class Arbitration Is Authorized?
Who may determine whether "class arbitration" has been authorized by the parties to an arbitration agreement — a court, an arbitrator, either?
United States
7 Aug 2018
20
Special Master Recommends Return Of $10.6 Million In Attorneys' Fees To Class Members
Former U.S. District Judge Gerald Rosen, the Special Master appointed to investigate alleged improper billing by class plaintiffs' firms in Arkansas Teacher Retirement System v. State Street Bank and Trust Company.
United States
25 Jul 2018
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