Last week, the Eighth Circuit Court of Appeals rejected the district court’s approval of the class action settlement in the Target data breach litigation. See In re Target Corp. Customer Data Sec. Breach Litig., 2017 U.S. App. Lexis 1767 (8th Cir. Feb. 1 2017).
Last week, the Ninth Circuit deepened the divide among the Circuits regarding ascertainability in class certification. In Briseno v. ConAgra Foods, Inc., 2017 U.S. App. Lexis 20 (9th Cir. Jan. 3, 2017), the Ninth Circuit rejected the Third Circuit’s line of authority (see Carrera v. Bayer Corp., 727 F.3d 300 (3d Cir. 2013) and Byrd v. Aaron’s Inc., 784 F.3d 154 (3d Cir. 2015)) which requires plaintiffs’ counsel to show ascertainability by demonstrating an administratively feasible and reliable method to determine class membership at the class certification stage.
Two Courts of Appeals have issued decisions during the past week related to cybersecurity and data retention which anyone who maintains electronic data and personal information should read.
Legal Alert: NLRB Holds Employees May Use Employer Email Systems for Non-Work-Related Communications
In a reversal of precedent, a divided National Labor Relations Board (“NLRB”) held yesterday that employees have a right to use their employers’ email systems for non-business purposes, including statutorily protected communications regarding the terms and conditions of their employment and regarding union organizing efforts. See Purple Communications, Inc., 361 NLRB No. 126 (December 11, 2014). The NLRB’s ruling stemmed from a case brought by the Communications Workers of America union after it unsuccessfully attempted to organize employees of Purple Communications, Inc., a company that provides interpreting services for the deaf and hearing-impaired. The union argued that prohibiting the company’s workers from using the company’s email system for non-business purposes and on behalf of organizations not associated with the company interfered with the CWA’s organizing efforts.
While most ERISA litigators are anxiously awaiting the Supreme Court’s decision in Fifth Third Bancorp v. Dudenhoeffer, (Sup. Ct. Dkt. 12-741), they should also be paying close attention to the Supreme Court’s upcoming decision in Halliburton v. Erica P. John Fund, Inc. (Sup. Dkt. 13-317).
Searching for the right team to help in a litigation matter often means looking for the Goldilocks firm. As companies and in-house counsel are under increasing pressure to find quality representation at lower costs, there are lots of paper proposals and tough decisions to make. Big Law has high overhead that comes with multiple offices and mergers/expansion, which translates to higher billing rates (with multiple firms now having partners billing at over $1,000/hr) and more bodies on matters.
Yesterday, the Supreme Court issued its long awaited decision in American Express v. Italian Colors Restaurant. The decision is a must read for every business.
The Supreme Court has granted a certiorari petition in Mississippi v. Au Optronics Corp., S. Ct. Case No. 12-2036, and agreed to decide an issue that will impact the growing number of attorney general civil lawsuits around the country: "[w]hether a state's parens patriae action is removable as a 'mass action' under the Class Action Fairness Act when the state is the sole plaintiff, the claims arise under state law, and the state attorney general possesses statutory and common-law authority to assert all claims in the complaint."
Last week, the Sixth Circuit issued a ruling which defined the standard in the Sixth Circuit for liability under Section 11 of the Securities Act of 1933, created a circuit split, and likely garnered the attention of the Supreme Court.
For a more theoretical and mildly controversial read regarding class actions, follow the argument and articles (like the recent article in the February 8, 2010 issue of Forbes) of Northwestern University School of Law Professor Martin Redish, who is now suggesting that Rule 23 may be unconstitutional.
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- Target Class Action Settlement Temporarily Upended
- Revisiting Standing -- Ninth Circuit Opens Door For Antitrust Exposure
- Another Shot at Ascertainability in Class Certification
- Ohio Foreclosure Reform Brings Standardization and Modernization to County Foreclosure Processes and Paves the Way for the Expedited Foreclosure of Vacant and Abandoned Residential Properties
- Medical Marijuana Creates Unanswered Trademark Litigation Issues
- CyberSecurity News: Spokeo, Galaria and Braitberg
- Trademarks And Craft Brewing: What Do Federal Courts Think Of Craft Beer Lovers?
- 2, 4, 6, 8! Who Does Big Fashion Appreciate? The Sixth Circuit Protects Clothing Design In A Thrilling Overtime Victory.
- Seventh Circuit Sides with Plaintiffs and Reinstates Consumer Data Breach Class Action Previously Dismissed for Lack of Standing
- Summary of Recent United States Supreme Court Decisions