News & Analysis as of

Class Action Discovery

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Hinshaw & Culbertson - Employment Law...

Seventh Circuit Ruling Provides Employers With Greater Leverage to Challenge Collective Actions and Limit Exposure

The Seventh Circuit’s recent decision in Richards v. Eli Lilly & Co., 2025 U.S. App. LEXIS 19667 (7th Cir. 2025) significantly changes how federal courts within the circuit will handle collective actions under the Fair Labor...more

Cozen O'Connor

Seventh Circuit Decision Rewrites the Rules for Collective Actions

Cozen O'Connor on

In a recent decision, the Seventh Circuit favorably revised the standard for defendant employers faced with a putative collective action under the Fair Labor Standards Act (FLSA) or the Age Discrimination in Employment Act...more

A&O Shearman

Third Circuit Reinstates Class Action Against Reinsurance Company, With Instructions To Allow Additional Discovery

A&O Shearman on

On August 20, 2025, the United States Court of Appeals for the Third Circuit reinstated a class action asserting claims under the Securities Exchange Act of 1934 against a reinsurance company and certain of its executives. In...more

Woods Rogers

Sixth Circuit Protects Corporate Internal Investigations

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In a notable victory for corporations, the U.S. Court of Appeals for the Sixth Circuit issued a critical ruling in In re: FirstEnergy Corporation that strengthens the protections of the attorney-client privilege and...more

Foley & Lardner LLP

Sixth Circuit Affirms Attorney-Client Privilege and Work-Product Protection over Internal Investigation Materials

Foley & Lardner LLP on

Internal investigations have become a relatively normal part of doing business, but that does not mean the fruits of those investigations are discoverable even if they have a “business purpose.” The U.S. Court of Appeals for...more

Foley & Lardner LLP

Seventh Circuit Establishes New Standard for FLSA Conditional Collective Certification: How This May Benefit Employers

Foley & Lardner LLP on

The Seventh Circuit’s recent decision in Richards v. Eli Lilly & Co. et al. (Aug. 5, 2025) marks a pivotal shift in how district courts manage collective actions under the Fair Labor Standards Act (FLSA) across Illinois,...more

Constangy, Brooks, Smith & Prophete, LLP

Court raises the bar for plaintiffs seeking to certify collective actions under FLSA, ADEA

Another federal appellate court has rejected the Lusardi approach to managing collective actions under the Fair Labor Standards Act and the Age Discrimination in Employment Act. In Richards v. Eli Lilly & Co., the U.S....more

Seyfarth Shaw LLP

For Richards And Not For Poorer: Employers in the Seventh Circuit Get Reprieve From Unfair FLSA Collective Certification Standard

Seyfarth Shaw LLP on

The Seventh Circuit has joined the Fifth and Sixth Circuits in establishing a higher bar for employees to clear before courts may authorize “notice” to potential members of an FLSA collective action. Although the Seventh...more

Troutman Amin LLP

NOCK ON WOOD: Rare Order Granting a Plaintiff’s Request to Transfer Case Granted– TCPA Defendant Robbed of Summary Judgment?

Troutman Amin LLP on

Unusual one for you today. In Nock v. Spring Energy, 2025 WL 2046196 (S.D. N.Y. July 22, 2025) the court entered an order transferring a TCPA case to Maryland. Ok, fairly blasé. What’s the point Czar? Well it was the...more

Proskauer - California Employment Law

Decertification Of Class Action Upheld

Allison v. Dignity Health, 112 Cal. App. 5th 192 (2025) - Two former registered nurses filed a putative class action against their former employer, alleging various wage and hour claims...more

Troutman Amin LLP

TREND: American Express DESTROYED by Discovery Order in TCPA Class Action As ANOTHER #BIGLAW Firm Fails

Troutman Amin LLP on

Repeat after me: Hire Big Law. Expect a Big Loss. At least in TCPAWorld. Here is ANOTHER example. In Duke v. American Express, 2025 WL 1918643 (D. Az. July 12, 2025) American Express was just needlessly required to produce...more

EDRM - Electronic Discovery Reference Model

Protective Order Barring Use of Discovery Materials in Other Litigation Was Vacated

[EDRM Editor’s Note: The opinions and positions are those of Michael Berman.] A protective order barring post-settlement use by plaintiffs’ counsel of defendant’s discovery responses in other litigation was vacated in Cordero...more

ArentFox Schiff

PFAS Lawsuit Against Hershey Faces Legal Pushback Over Scientific Claims

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In October 2024, Grizzly Research LLC issued the so-called Grizzly Report, which shared the results from its testing at four different laboratories across the United States, Germany, and China to compare the presence of per-...more

Mayer Brown

What's Happening in Dawn Raids Across Europe?

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In the first half of 2025, competition authorities across Europe have continued to vigorously use their intrusive dawn raid powers in diverse economic sectors. These operations require diligent and thorough preparation as...more

CDF Labor Law LLP

Allison v. Dignity Health Provides Roadmap For Employers To Defeat Class Action Claims

CDF Labor Law LLP on

The First District Court of Appeal’s recently published decision, Allison v. Dignity Health, is a win for employers holding that broad reliance on time-clock data and expert surveys is insufficient to sustain class-wide...more

Nextpoint, Inc.

Key Discovery Points: Don’t Get Caught with Your Hand in the Production Cookie Jar

Nextpoint, Inc. on

In this Key Discovery Points video, Brett Burney of Nextpoint and Doug Austin of eDiscovery Today unpack a court’s bold move in the Meta Pixel healthcare case – ordering the production of third-party cookie data tied to...more

Troutman Amin LLP

“WHOLLY INADEQUATE”: Another TCPA Defendant Represented by #BigLaw Gets Crushed And When Are Folks Going to Start Listening?

Troutman Amin LLP on

I have said it before. I will say it again. The biggest mistake you can make for your business is choosing #biglaw to represent you in a TCPA class action. These guys keep getting smoked. Over and over again. Here is the...more

Bennett Jones LLP

Raising the “Low Bar”: Plaintiffs Seek New Strategies to Prove Common Issues for Certification

Bennett Jones LLP on

A plaintiff’s obligation to establish “some basis in fact” for a common issue is acknowledged as a low bar. Several Canadian appellate courts have, however, confirmed a “two-step test” as the standard analytical framework....more

Baker Donelson

Privilege Under Fire: Protecting Forensic Reports in the Wake of a Data Breach

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In the chaos following a cyberattack, forensic reports are often pulled together under intense pressure and can assist companies in responding to and remediating the incident. However, if you're not careful, these reports...more

Alston & Bird

Wave Goodbye to the Waiver Debate: Court Holds Data Breach Investigation Report Not Work Product from the Start

Alston & Bird on

Litigants in data breach class actions often fight over whether a data breach investigation report prepared in response to the breach is protected by the work-product doctrine. Common areas of dispute include whether the...more

Minerva26

How Do Cookies and the Meta Pixel Impact Discovery—and What Must Litigators Know to Handle Them?

Minerva26 on

Cookies and pixels used to track user data on the internet are quickly becoming a source of ESI that litigators need to understand and consider how to handle in discovery. In In re Meta Pixel Healthcare Litigation, plaintiffs...more

A&O Shearman

Medibank class action: navigating the legal privilege maze

A&O Shearman on

Concerns about claims of legal professional privilege over third-party investigation reports produced in the course of responding to cyberattacks, and the extent to which such reports can be shielded from disclosure in legal...more

Faegre Drinker Biddle & Reath LLP

Ten Things to Know About the European Union’s New Product Liability Directive

After it was initially proposed more than two years ago, the European Union passed a new product liability directive (PLD) on Dec. 9, 2024, which prescribes a new legislative framework to expand and modify product liability...more

DLA Piper

Global Trends in Product Liability and Class Action Litigation

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Industry and sector developments, risks, and tips to consider in 2025 - Multiple industries are facing common challenges in the product liability and class action space. These may include (1) discovery obligations leading to...more

EDRM - Electronic Discovery Reference Model

Court Holds That an ESI Protocol Must be Specific in GenAI Copyright Class Action

In Andersen v. Stability AI Ltd., 2025 WL 870358 (N.D. Cal. Mar. 19, 2025), the court resolved a dispute over an ESI Protocol. The starting point was a Standing Order that, absent good cause, parties “shall use” one of the...more

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