As we touched on last summer, whether a district court may certify a class action without resolving challenges to the admissibility of fact or expert evidence is still an unsettled question. This question is particularly...more
Monday, the Supreme Court issued its highly anticipated ruling in Goldman Sachs Group, Inc. v. Arkansas Teacher Retirement System, holding that the generic nature of an alleged misrepresentation may be important evidence of...more
6/24/2021
/ Arkansas Teacher Retirement System v Goldman Sachs Group ,
Burden of Persuasion ,
Burden of Proof ,
Certiorari ,
Class Action ,
Class Certification ,
Conflicts of Interest ,
Corporate Counsel ,
Goldman Sachs ,
Investors ,
Presumption of Reliance ,
SCOTUS ,
Securities Exchange Act ,
Securities Litigation ,
Shareholders
When and how can a defendant in a putative class action defeat a proposed class? Defendants served with class action complaints frequently struggle with this question....more
Seemingly not a day goes by without news of another major data breach. In the past few weeks, Yahoo! announced that at least 500 million of its user accounts were stolen in 2014, hot on the heels of Dropbox’s announcement...more
On April 4, 2016, the California Supreme Court issued an opinion with important implications for all California employers. For the first time, the court interpreted the meaning of wage orders promulgated by California’s...more
Two recent developments in data privacy litigation highlight the continuing challenges to companies that collect internet usage information without clearly disclosing the manner and method in which they are doing so to users....more
Major retailers recently have faced a spate of class-action complaints alleging that they have engaged in misrepresentations and false advertising through the deceptive use of a marketing strategy known as “price anchoring,”...more
10/30/2015
/ Burlington Coat Factory ,
Class Action ,
False Advertising ,
JCPenney ,
Misrepresentation ,
Price Anchoring ,
Retailers ,
Sears ,
TJX ,
Unfair or Deceptive Trade Practices ,
Unfair Pricing