Class Action (CLE)

In the class certification stage, plaintiffs bear an evidentiary burden to satisfy Rule 23 of the Federal Rules of Civil Procedure. District courts are also required to consider all probative evidence regardless of overlaps or other merit issues, especially with the inclusion of unharmed class members. Recent decisions released by the Supreme Court in Goldman Sachs and TransUnion clearly define this mandate.

Class certification standards continue to evolve as new litigation trends emerge and sweeping decisions come down from courts. In the antitrust class action landscape, recent issues include the use of statistical analysis, the preponderance of evidence standards, and the resolution of conflicts regarding the number of uninjured class members.

Consumer financial services companies continue to face unprecedented regulatory and enforcement scrutiny and increasing litigation. Several types of consumer class actions cause disruption to many businesses. Consequently, the increasing number of this type of litigation as well as its size, complexity, and interplay with existing regulatory actions may damage businesses if not handled correctly.

Securities class action litigation have continuously skyrocketed over the past years. This trend is expected to grow in fiscal year 2020 as companies constantly engage in global expansions making securities markets more seemingly interconnected. With this, companies are encouraged to prepare for significant changes as well as potential risks and pitfalls. Being updated with the trends and recent court decisions to mitigate the possibility of setbacks is essentially recommended.

Securities class action litigation have continuously skyrocketed over the past years. This trend is expected to grow in fiscal year 2020 as companies constantly engage in global expansions making securities markets more seemingly interconnected. With this, companies are encouraged to prepare for significant changes as well as potential risks and pitfalls. Being updated with the trends and recent court decisions to mitigate the possibility of setbacks is essentially recommended.

Class certification under the Federal Rule of Civil Procedure 23 has been a complex and challenging battle for plaintiffs and defendants alike. With the shifting legal interpretation and stringent analysis, the certification process has become increasingly difficult and costly.

With the evolving regulatory and compliance landscapes, class action litigation has significantly raised specific legal challenges and vulnerabilities to businesses across industries. In addition, although courts are generally adjusting the rules applicable to the concerns of class action lawsuits, several unsettled and divergent viewpoints can vastly cause critical issues and complications in this complex and multifaceted area of law.

Today's legal landscape presents a higher degree of complexity and challenges for antitrust class action certifications. Several legal and economic issues that require crucial understanding and analysis of the law pose risks for businesses and practitioners alike. Furthermore, with the recent decisions and ongoing court cases constantly shifting the process, it is becoming more imperative for companies and their counsel to be conversant with the latest trends and developments in class certification rules and provisions.

Data breaches in the U.S. have shown no signs of slowing down in the last several years, neither have the wave of class action cases associated with these. Recent breaches include some of the largest companies such as LifeLabs, Yahoo, Equifax, and Google LLC. Such breaches, as well as the infringements incorporated with it, can impose tremendous burdens on banks and credit card companies that have to respond to a flood of fraud claims and canceled cards.

Antitrust class certification has become more intricate over the years. The proliferation of lawsuits, court rulings, and regulatory trends continue to shed light on the evolving process and analysis of class certification.

While securities class action filings maintained a historic three-year high through the end of 2019, largely driven by standard (Rule 10b-5, Section 11, and/or Section 12) cases, a decline in filings was observed in Q1 2020. Recent decisional law and critical trends in securities class actions, and the emergence of new “event-driven” filings, foreshadow an active year of key issues being fleshed out in courts around the country. Paramount among these issues are questions about whether certain types of cases can be filed in state courts and the role that Delaware corporations can play with forum selection clauses in trying to prevent that. Plaintiffs will push to assert scheme liability causes of action under the Securities Exchange Act of 1934 in an effort to broaden the universe of defendants they can hold accountable.

The class action litigation landscape has been drastically affected by the COVID-19 outbreak. The pandemic resulted in a wave of class action filings over the last six months touching nearly every industry and sector.

Class actions alleging labor law violations continue to hound employers throughout the country. As the volume of these cases increases, new court rulings also continue to emerge and reshape the litigation landscape. Anticipated court rulings which employers should follow in 2020 include Retirement Plans Committee Of IBM v. Jander, et al., Intel Corp. Investment Policy Committee v. Sulyma, et al., and Thole, et al. v. U.S. Bank, N.A.

Class action and complex litigation cases become increasingly challenging and costly for businesses. With the rising number of lawsuits being filed across the country and new threats of class action regimes in the United Kingdom and Europe, in addition to heightened regulatory and litigation enforcement uptakes, companies face increasingly higher stakes. These growing complexities need to be addressed to proactively identify and mitigate litigation risk. Developing a competent and cutting-edge solution to respond in this ever-evolving landscape is essential.

The number of class action lawsuits across industries has significantly proliferated over the years, creating a profound impact on the regulatory and litigation landscapes. Because of this, the climate of class action litigation continues to remain uncertain and the need to be abreast of any emerging development must always be underscored.