Insurance companies have confronted significant
class action litigation risks on several fronts over the past year.
Not exact matches
These costs include bankers» and lawyers» fees, the
risk of
class -
action litigation, the need to reveal commercially sensitive information that could benefit rivals, and the prospect of fights with corporate raiders who want juicier returns for shareholders and social activists who want executives to pay heed to their values.
Requiring this case to be litigated on an individual basis would
risk disparate results in nearly identical suits and exponentially increase the cost of
litigation...
Class action, by contrast, would achieve economies of time and effort, resolving common legal and factual issues «without sacrificing procedural fairness or bringing about other undesirable results.»
The ruling heightens the
risk, particularly for credit counseling agencies doing business in the First Circuit (encompassing Maine, Massachusetts, New Hampshire, Puerto Rico, and Rhode Island), that their activities, especially their DMPs and less - than - full balance repayment programs, may trigger coverage under CROA and give rise to
class action litigation, forcing them — at great expense — to prove that they are actually operating as bona fide nonprofit organizations (in order to be exempt from CROA, particularly for what has transpired in the past), or, alternatively, to comply with CROA's requirements prospectively.
[127] Professor Piché in her text Fairness in
Class Action Settlements, supra at pp. 179 - 80 summarizes the various factors for the settlement approval test into seven factors; i.e.: (1) judicial risk analysis: likelihood of recovery, or likelihood of success on the merits weighed against amount and form of settlement relief; (2) future expense, complexity and likely duration of litigation; (3) class reaction: number and nature of objections; (4) recommendations and experience of counsel and opinion of interested persons; (5) adequacy of representation: good faith and absence of collusion; (6) discovery evidence sufficient for «effective representation» and (7) adequacy of notice of proposed settlement to absent class mem
Class Action Settlements, supra at pp. 179 - 80 summarizes the various factors for the settlement approval test into seven factors; i.e.: (1) judicial
risk analysis: likelihood of recovery, or likelihood of success on the merits weighed against amount and form of settlement relief; (2) future expense, complexity and likely duration of
litigation; (3)
class reaction: number and nature of objections; (4) recommendations and experience of counsel and opinion of interested persons; (5) adequacy of representation: good faith and absence of collusion; (6) discovery evidence sufficient for «effective representation» and (7) adequacy of notice of proposed settlement to absent class mem
class reaction: number and nature of objections; (4) recommendations and experience of counsel and opinion of interested persons; (5) adequacy of representation: good faith and absence of collusion; (6) discovery evidence sufficient for «effective representation» and (7) adequacy of notice of proposed settlement to absent
class mem
class members.
determining that, as a result of recent Supreme Court decisions, the
litigation was now «prohibitively high -
risk», but nevertheless requiring the plaintiff to incur the time, expense and exposure in proceeding with a
class action that had become no longer viable.
Managing Legal
Risks: Trends in Data Privacy & Security
Class Action Litigation, Bryan Cave LLP Bulletin, November 2013
Managing Legal
Risks: Trends in Data Privacy & Security
Class Action Litigation, Bryan Cave LLP Bulletin, September 2013
We will also address the current trends in employment
litigation and
class actions, and discuss how employers can manage
risk in the most effective way possible.
«With the
risk of
class action litigation on the rise, companies in all industries are looking for new and better ways to protect themselves.
Firms sought out insurance for their clients to protect them from the significant financial
risks of
class -
action litigation.
Class action financing could encourage just the opposite — as parties try to create a «perfect storm» of class action or tort litigation to force settlement by defendants unwilling to risk a large judgment, even in a baseless
Class action financing could encourage just the opposite — as parties try to create a «perfect storm» of
class action or tort litigation to force settlement by defendants unwilling to risk a large judgment, even in a baseless
class action or tort
litigation to force settlement by defendants unwilling to
risk a large judgment, even in a baseless case.
Neil brings a practical approach to dispute resolution and counseling, representing clients in a broad range of industries on key areas of
litigation risk, including breaches of contract, business torts, intellectual property disputes, securities
litigation, and
class action defense.
Additionally, recognizing that a cyber - or privacy - related development can expand to encompass a number of other significant legal issues, our group works hand - in - glove with attorneys in our White Collar Defense, Regulatory and Investigations, Securities
Litigation, Complex Commercial Litigation, Business Finance & Restructuring and Employment Litigation practices, among others, to address subsequent risks such as government or regulatory inquiries, shareholder, consumer, or employee class action litigation, trade secrets theft, funding or financial issues, and disputes with vendors, service providers and other thir
Litigation, Complex Commercial
Litigation, Business Finance & Restructuring and Employment Litigation practices, among others, to address subsequent risks such as government or regulatory inquiries, shareholder, consumer, or employee class action litigation, trade secrets theft, funding or financial issues, and disputes with vendors, service providers and other thir
Litigation, Business Finance & Restructuring and Employment
Litigation practices, among others, to address subsequent risks such as government or regulatory inquiries, shareholder, consumer, or employee class action litigation, trade secrets theft, funding or financial issues, and disputes with vendors, service providers and other thir
Litigation practices, among others, to address subsequent
risks such as government or regulatory inquiries, shareholder, consumer, or employee
class action litigation, trade secrets theft, funding or financial issues, and disputes with vendors, service providers and other thir
litigation, trade secrets theft, funding or financial issues, and disputes with vendors, service providers and other third parties.
We have decades of experience advising clients on
risk management and compliance, and defending against
class action, mass tort, multidistrict
litigation, and individual
actions alleging toxic tort and product liability claims.
• Animal Welfare • Child Protection •
Class action litigation • Construction claims • Defamation • Employment law • Environmental liability claims • First party property claims (fire, explosion, theft, vandalism, and other weather - related claims) • Human Rights • Landlord / tenant matters • Occupier liability claims • Quasi-criminal prosecutions • Special
risks • Transportation matters
The firm understands the potential impacts, costs, and
risks associated with
class actions, and is a leader in developing legal approaches and strategies for handling
class action litigation.
Class actions are a well - entrenched form of
litigation in Canada, and therefore a significant business
risk for Canadian and international companies doing business in Canada.
For plaintiffs,
class actions are seen as a tool to increase access to justice, as the costs of
litigation are shared among a larger group, and the downside
risk is limited as costs in unsuccessful cases are often underwritten by the plaintiffs» law firm or a third party fund.
Peggy has a concentration in advising clients with respect to data security and privacy
risks, consumer
class action litigation, intellectual property disputes and media / social media issues.
In its defence of two
actions against Imperial Tobacco, one being
litigation by British Columbia for health care costs incurred by BC to treat illnesses caused by tobacco usage, and the second being a claim by
class members who bought «light» or «mild» cigarettes, Imperial Tobacco sought to add Canada as a third party, based on statements Canada made to tobacco companies and the public about the purportedly lesser
risk of «light» reduced - tar cigarettes as compared with normal cigarettes.
This report provides best practices in reducing cost and managing
risk in
class action litigation based on interviews with more than 350 corporate legal departments.
Our
litigation work includes defending Federal Trade Commission (FTC) advertising complaints, enforcement
actions and prosecutions, IP matters, consumer
class actions and products liability matters, as well as counseling on
risk management and
litigation avoidance.