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SPAC Transaction Challengers Face Uphill Battle
Jay A. Dubow, Joanna J. Cline and Erica H. Dressler
Recent decisions by the Delaware Court of Chancery demonstrate that when a special purpose acquisition company (SPAC) transaction and the disclosures surrounding it are challenged, defendants may face an uphill battle to prevail on a motion to dismiss, especially where breach of fiduciary duty claims have been asserted.
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Data Breach Defense: Mobilizing Against Weaponized Mass Arbitration
Daniella Main and Brooke Bolender
Most companies have experienced or will experience a data breach. Increasingly, companies also face the risks associated with mass arbitration weaponized by the overwhelming volume of claims after a breach.
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9th Circuit Bases Attorney Fees On What Class-Action Clients Get In Hand
Avalon Zoppo
The U.S. Court of Appeals for the Ninth Circuit made clear its view — that class-action plaintiffs’ lawyers generally should not be awarded fees that exceed the amount their clients get from a settlement — as the court struck down a $1.7 million fee award in which a copyright plaintiffs’ class received less than $53,000 in an infringement dispute settlement.
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Typically Uncommon: Defending Class Action Certification in Data Breach Litigation
Brian E. Middlebrook, Tyrik Jiang, John T. Mills and Joseph Salvo
The most common questions and key elements of a negligence claim are whether the defendant breached a duty of care, whether there is any injury as a result of the defendant’s breach of any purported duty of care, and whether the defendant’s alleged breach caused the plaintiff any damages. While these essential questions and elements apply with equal force in data breach litigation, the difficult question to answer in these cases is “what is the value, if any, of your injury or damages?”
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New York Real Estate Law Reporter
NYRE STaff
Class Certification Appropriate for Claim of Improper Deregulation
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Commercial Leasing Law & Strategy
Second Circuit Expands Federal Class Actions for Mortgagors
By Jonathan Robbin
The Second Circuit recently held that a bare violation of mortgage satisfaction recording statutes without a demonstration of actual injury conferred federal jurisdiction, meaning that a mortgagor now has the ability to bring a class action in federal court. Thus, statutes designed to be merely remedial in nature can now be used punitively against lenders and servicers.
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Shareholder Class Actions During, and After, COVID-19
Margaret A. Dale and Mark D. Harris
Given the current turmoil in the markets, an increasing number of plaintiffs are bringing shareholder class action suits, citing corporate statements about COVID-19. As first-quarter earnings season draws to a close, now is a good time to reflect on the shareholder class actions that have been brought to date related to COVID-19, and others potentially yet to come.
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Product Liability Law & Strategy
Defeating Certification of “No-Injury” Consumer Protection Class Actions
Steven P. Benenson
In the past several years, plaintiffs’ firms have threatened or brought class actions against different companies under New Jersey’s Truth-in-Consumer Contract Warranty and Notice Act (TCCWNA). Here's what you need to know.
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Medical Malpractice Law & Strategy
Increased Scrutiny for Cy Pres Provisions in Class Action Settlements
Joshua L. Becker and Brad M. Strickland
Lawsuits against pharmaceutical and medical device manufacturers often come in the form of class actions, and sometimes the settlement or award amount exceeds the identified class members' claim amounts. In such cases, the excess funds may be distributed to a cy pres recipient, but courts are starting to question such moves more thoroughly.
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SCOTUS Decision on Mandatory Employment Arbitration Agreements Will Have Far-Reaching Implications
Ryan Saba and Krystle Meyer
On Oct. 2, 2017, the Supreme Court was set to hear argument as to whether class action waivers in arbitration agreements are valid and enforceable. Thirty-six amicus briefs were submitted to the Supreme Court on this issue, underscoring that regardless of the Court's decision, there will be sweeping implications for both employers and employees.
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